Queja formal: Responsabilidad a la comunidad- propósito y alcanze, Actitud imparcial y cortesía y otras violaciones a políticas

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0005
February 5, 2021
Complaint: The complainant,
submitted an online complaint to the Office of Police
Oversight stating the following:
I had separate interaction with APD on
and
On
I arrived home
to find multiple police cars in my yard, they had arrested my roommate and told me she
said her son assaulted her and he said that she assaulted him. They said she would be in jail
but he was leaving. I told them he had to leave because he dangerous and did not live in
the house. After several hours the police decided that he did live in the house and I did not
have the right to have him removed due to threats he made against me despite finding a
different address when they ran his drivers license. I left home for the evening for my own
safety. I was also informed that none of the threats were "real I had not reported
them to the police. I was disparaged for having a roommate they disapproved of and was
spoken to in a demeaning manner as if the officers had already
ined
the
outcome.
They informed me that I could lock him out (but they would not stop him if he broke in)
since if he was a resident of the home he should have the keys. They also informed me he
said he would vacate the premises the next day. On
I returned from my 12 hour
shift and their car was gone SO I went into the house assuming it was vacant. Instead, he
was crouched in a dark stairwell and not visible until I was within his reach, SO I ran out of
the house. Overnight he had poured multiple liquids (milk, chocolate syrup, BBQ sauce,
molasses over the counters and floors and as I was running out I noted the strong smell of
gas in the house. I called 911 and the officers were demeaning, making fun of me for being
frightened, and whenever I asked what recourse I had to be safe they just kept telling me
he had a right to be in the house. I wasn't allowed to ask how to file a complaint or
restraining order because they just kept cutting me off and telling me to listen not speak.
They informed me he had "accidentally" turned the gas on and despite the fact that they
noted he was "on something" they said there was no evidence that he was a danger.
his mother, noted he had an apartment elsewhere and did not live here and the
police responded that's okay, he's allowed to have two homes." She also stated we weren't
safe from him SO they said we could leave.
asked if there was a way for
us to file a complaint or restraining order and was told it was a civil manner. An officer
asked me what I hoped to accomplish that night and I told him I wanted to clean up the
fluids, get the things out of the home that were irreplaceable :ie family mementos, and
remove anything that he could use as a weapon. During both visits
was allowed to
criticize, encouraged to tell his lies and verbally threaten me ("i'm gonna report you to the
board of medicine") and I was not permitted to respond SO I actually put earplugs in SO I
could keep my cool and clean and pack my belongings.
left when the police left and
and I continued to clean up the mess he had made. We
locked the door and he returned causing a disturbance, ramming his head into the glass
door and kicking it. When this was unsuccessful he held the horn of his mother's car down
for about 5 minutes, then began ramming the front door until he succeeded in kicking
it
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
down. I backed away from him and he chased me.. I told him not to touch me or I would
pepper spray him He punched me and struck me in the R arm which I had raised over my
head to protect myself and I then sprayed him. This is on video, I called APD and they took
his statement, would not let me file a charge against him, told me I was not injured and
arrested me for injuring him. When I asked to file a restraining order or arrest him because
he injured me they told me it was a civil matter. I gave them the video at that time but
they told me there was nothing on it. Any injuries
claimed to have sustained surely
came from his attempts to gain entry by slamming his body into the patio and front doors.
I pointed out that a 38 year old man had now assaulted two smaller 58 year old women in
two days and that both times the women were arrested. When I was released from jail, I
sought medical treatment for my injuries. The examining physician feels I may have
sustained a torn labrum in my R shoulder, a possible MCL injury to my R knee along with
the multiple strains and contusions which I incurred when
assaulted me. These
injuries are all consistent with the story I told police to which they responded There are
3 different stories " and they said they were going with
story as if they
predetermined the outcome without doing a thorough investigation.
This notice of formal complaint is a request for Internal Aff
itiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
301.1 RESPONSIBILITY TO COMMUNITY PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to expect
similar police response to their behavior wherever it occurs. Employees will serve the public
through direction, counseling, assistance, and protection of life and property. Employees will be
held accountable for the manner in which they exercise the authority of their office or position.
Employees will respect the rights of individuals and perform their services with honesty, sincerity,
courage, and sound judgment.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
318.2 DETENTIONS, FIELD INTERVIEWS, & FIELD PHOTOGRAPHS GENERAL
POLICY
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
(c) Officers will act with as much restraint and courtesy toward persons interviewed, detained or
arrested as is possible under the circumstances.
404.2 CIVIL DISPUTES - POLICY
The Austin Police Department recognizes that a law enforcement presence at a civil dispute can
play an important role in the peace and safety of the community. Subject to available resources,
officers of this department will assist at the scene of civil disputes with the primary goal of
safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, officers will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
404.3 CIVIL DISPUTES - GENERAL CONSIDERATIONS
When appropriate, officers handling a civil dispute should encourage t
volved parties to seek
the assistance of resolution services or take the matter to the civil courts. Officers must not
become personally involved in disputes and shall at all times remain im
(a) Civil disputes tend to be confrontational and officers should be alert that they can escalate to
violence very quickly. De-escalation techniques should be used when appropriate.
902.2.5 INITIAL SUPERVISOR RESPONSIBILITY
Unless a complaint is submitted directly to the OPO or IA, the initial response to an internal or
external complaint shall generally rest with the employee's immediate supervisor.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.