Quejas formales procesadas el 1o de Junio, 2020: Propósito y alcance--responsabilidad hacia la comunidad y otras violaciones a políticas

OF
CITY
SUSTEM
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
EMAIL: :POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 I FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-2676
Office of Police Oversight Formal Complaints: June 1 to June 10, 2020
Between May 29th, 2020 and June 10, 2020, The Office of Police Oversight was contacted 895 times
regarding complaints against the Austin Police Department.
107 by online form
387 by phone
401 by email
Of these, the Office of Police Oversight is recommending 227 complaints for formal investigation by the
Internal Affairs division of the Austin Police Department. The 227 formal complaints are representative of
606 individuals who contacted the Office of Police Oversight to file a complaint.
Due to the sheer volume of these complaints, the Office of Police Oversight has compiled complaints by
date.
June 1, 2020: 35
June 2, 2020: 45
June 3, 2020: 44
June 4, 2020: 33
June 5, 2020: 26
June 8, 2020: 13
June 9, 2020: 21
June 10, 2020: 10
Complaints are redacted to remove personal or identifying information. If you have any questions, please
email policeoversight@austintexas.gov.
OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0668
June 1, 2020
Complaint: The OPO received an anonymous online complaint alleging the following:
"Officer
badge number
is recorded on social media shoving a peaceful
protestor on
. This behavior in this situation is unacceptable and the people of Austin
call for his removal from APD."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in order
to determine if the employee conduct is within compliance of APD policy, Civil Service Rules, and
Municipal Civil Service Rules
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0669
June 1, 2020
Complaint: Ms.
,
complainant, submitted an online complaint to the Office of
Police Oversight alleging the following:
"While peacefully protesting an APD officer (I believe his badge number was
and his
name started with an , middle age
about
on a bike) lunged at a
young women who was standing about a foot away with her hands up. He then proceeded
to take her possessions out of her hands and use them to push her back along with his
bicycle. He then made threatening remarks about using force and weapons against her.
Moments later she was shot with a rubber bullet. This cop was unnecessarily aggressive."
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
QUALITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0671
June 1, 2020
Complaint: The OPO received an anonymous online complaint alleging the following:
"Officer
(badge #
) shoved a peaceful protester over his bicycle and
onto the ground while the protester was attempting to move out of his way. Protester is
prone to seizures, and did nothing to provoke the officer"
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.
CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0674
June 1, 2020
Complaint: Mr.
, complainant, submitted an online complaint to the
Office of Police Oversight alleging the following:
"I am reaching out to express my deep concern about the treatment of protestors on
along the
corridor and outside the
. I understand
that it is the responsibility of the police to maintain public safety, keep roads clear, and
prevent violent escalations. However, it is especially important in a time of widespread
police violence against people of color that the APD does not use unnecessary force. I ask
that you review the actions of the many officers involved in this protest, and pay close
attention to the reports of others as they arrive in the coming days. We need to do
everything we can to ensure that APD is working to confront the overt and covert racist
biases that led to the deaths of David Joseph and Michael Ramos, now more than ever."
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.
CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0675
June 1, 2020
Complaint: The OPO received an anonymous online complaint including the following link:
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
FOUNDED
ICMS #: 2020-0680
June 1, 2020
Complaint: The OPO received an online anonymous complaint alleging the following:
"My friend, participating peacefully
in the protests again police injustice, received
excessive force from officer
, badge #
.
While attempting to comply with
officer"s commands, my friends bike was tossed to the ground and he was struck in the
neck and back while walking away. I would imagine it is against your policy to strike a
member of your community while they are actively doing what they"ve been instructed to
do. Woman dropped to the ground for rollerskating, bean bags fired indiscriminately into
crowds, pepper spray into the eyes of crying faces, etc."
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0690
June 1, 2020
Complaint: The OPO received an online anonymous complaint alleging the following:
"An innocent bicyclist was trying to help keep protesters out of the way and was
UNPROVOKED AND SHOVED by OFFICER
#
off his bike and into
the sidewalk."
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0691
June 1, 2020
Complaint: Mr.
, complainant, alleges the following:
- I witnessed 2 officers who continued to laugh when people were discussing George
Floyd"s death. I witnessed this and I have video of it. This is disturbing, it is an extreme lack of
empathy. Clearly these two don't care what happened. In front of
.
I have clear
video footage of this. We can't identify these cops with their gear on covering their names/badges.
- The individual who was shot in the face footage online, this needs to be investigated.
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
FOUNDED
1839
ICMS #: 2020-0694
June 1, 2020
Complaint: An anonymous complainant alleges that they were body checked by Officer
while standing peacefully. The complainant further alleges that another officer attempted to
separate them from their group, stating that he would provide both his and Officer
badge
numbers. The complainant states that no badge numbers were provided.
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
ICMS #: 2020-0695
June 1, 2020
Complaint: Mr.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during an incident involving his cousin and her
girlfriend. Mr.
alleges as follows:
"We were participating in the peaceful protest before an officer decided to pepper spray
the back of person's head whose hands were up. As soon as that happened, there was tension
amongst the crowd, and then all of a sudden you hear gunshots coming up
Probably around
What had happened from there is I had been shot with a rubber bullet and had to be taken
back by medics. We had to move to another location because police were advancing against the
protesters. My foot was treated and wrapped. My cousin told me she was going to call me a Lyft
back to my apartment, which I went ahead and did. I had come back and she said she was going
to continue staying out there. I had told her to please be careful and stay safe, and then I walked
to the Lyft in front of a line of police officers who saw my Lyft. I noticed there wasn't a single
cop who helped me across the street to make sure that I didn't get hit by a car with this limp.
When I got back to my apartment, I waited about 15 minutes to tell them that I made it back. I
made it back around
and texted them around
I texted them that I was here and I
texted them my address. I have text conversations that show they saw the first text and did not
see the second text, which was sent within the same minute. From her words, she was in a
neighborhood; she was actually not even participating in a riot. She was in a neighborhood and
she moved a street sign that was in the middle of a street and then put it to the side to move it out
of the way. She was actually cleaning up and staying safe. There were other people that were
with her that police started to arrest. She confronted police to ask why they were being arrested.
She and her girlfriend were then arrested and she asked to be read her rights. The cop who made
the arrest, which was Austin Police Department, laughed at her, mocked her, and said something
along the lines of, 'You have the right to remain silent, however it doesn't seem like you're
capable of doing that.' I went to school for Political Science, I know my Miranda rights, I know
her Miranda rights. I am complaining because bond has not be posted yet, however I am
demanding that the bond be zero dollars due to the fact that she was illegally arrested, as well as
everybody else that was in that holding. I asked her if she talked to the other people in the
holding and she said, 'Yes, I have, and none of them have been read their rights.' She said there
were eight men and eight women in the room. I appreciate APD and Travis County for
continuing to, quote unquote, "protect and serve" their community. We really feel protected and
served out here. Thank y'all very much."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
GIVY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0697
June 1, 2020
Complaint: Complainant reports overall peaceful protesters. Complainant also alleges that
officers from atop
were shooting down on protesters and officers from in front of
were also shooting at the crowd. Officers hit a young boy and medics moved him under cover of
the bridge, as they did, APD kept shooting and hit one of the medics, an off duty firefighter, in the
hand, allegedly breaking 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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0698
June 1, 2020
Complaint: Mr.
complainant, emailed a complaint to the OPO stating the
following:
"Militarizing the police response to the current protest movement is counter-productive
and oppressive in any case, but headshots with rubber bullets are always the result of malice
or unacceptable negligence. There is no room for another outcome.
If maiming the protesting public continues, I would not be surprised if protesters or their
guardians start shooting back. Y'all should know better, and act better.
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
FOUNDED
1839
ICMS #: 2020-0700
June 1, 2020
Complaint: Mr.
,
complainant, alleges that APD officers Maced him multiple
times and pushed him off the hill he was standing on. Mr.
further alleges that officers
continued to Mace him and other members of the public who went to help him. Mr.
states that he attempted to file a complaint at the place and time of the incident but that the APD
supervisor refused to take his complaint.
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
CHILL
QUALITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0701
June 1, 2020
Complaint: Austin Police Department (APD) officers may have violated policy in the
following video:
The OPO is the complainant.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
CHILL
QUALITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0702
June 1, 2020
Complaint: Austin Police Department (APD) officers may have violated policy in the
following video:
The OPO is the complainant.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0703
June 1, 2020
Complaint: Mr.
, complainant, submitted an online complaint to the OPO
alleging the following:
"An innocent and silent black man was pepper sprayed as white officers looked on at him,
not spraying any other members of the mostly white protestors who were standing in front
of
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.
CHILL OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0673
June 1, 2020
Complaint:
], complainant, alleges that an Austin Police Department
(APD) officer may have violated APD policy. The complainant alleges that "Officer
,
Badge #
using weapon
was firing beanbag rounds at a helpless protester in wheelchair
from the bridge above. Nearly missing children in the crowd."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
FOUNDED
1839
ICMS #: 2020-0676
June 1, 2020
Complaint: The Office of Police Oversight received an anonymous complaint alleging that an
Austin Police Department (APD) officer may have violated APD policy. The complaint alleged as
follows:
"On
, Officer
, Badge #
, was seen firing beanbag rounds on groups
of peaceful protestors who were not attacking officers, rioting, causing damage or a
disturbance. The officer involved and other officers were not being attacked, but were
simply using Austin citizens as target practice from the
overpass in front of the
.
Is this how you view your own citizens? As an Austin resident, I find it
impossible now to trust the officers who were sworn to protect and serve our community
and keep us safe. How can I be safe when our own officers are firing upon us exercising
our constitutional rights peacefully?"
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0678
June 1, 2020
Complaint: The Office of Police Oversight received an anonymous complaint alleging that an
Austin Police Department (APD) officer may have violated APD policy. The complaint alleged as
follows:
"I saw footage of someone shoved by the officer while he was trying to get out of the way
of the officers.' "
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
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0679
June 1, 2020
Complaint: Ms.
complainant, alleges that an Austin Police Department (APD)
officer may have violated APD policy. Ms.
alleges as follows:
"While attending the protest, I witnessed an officer randomly mace a bystander on the other
side the guardrail of
.
The bystander was holding a phone camera and told the officers
"you deserve this" about the protest and the officer maced the man from the inside of his
car. The officer was not in danger and the bystander was not blocking the highway but was
on the other side of the guardrail."
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.
CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0682
June 1, 2020
Complaint: The Office of Police Oversight received an anonymous complaint alleging that an
Austin Police Department (APD) officer may have violated APD policy. The complaint alleges as
follows:
"I was not physically present, but there are reports that Officer
, badge #
,
fired beanbag rounds at a protester in a wheelchair. If true, this is absolutely disgusting
behavior and the officer should be terminated immediately. Austin Police Department
needs to address this."
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0685
June 1, 2020
Complaint: Complainant alleges: I was driving through downtown during the protests on
between
A motorcyclist was in front of me at a red light at
street and
.
A police officer was turning left off on to . The motorcyclist expressed
his opinions to the turning police officer with a middle finger (which was ruled legal and not
punishable by the Sixth Court of Appeals). The turning police office then pulled up within a couple
of feet to the motorcyclist, quickly rolls down his window and pepper sprays the rider. The
motorcyclist was operating a motor vehicle and was just pepper sprayed by an officer. This put the
lives of other motorists in danger. After the cop sprays him, he quickly drives off. After looking at
google maps the next day, there are cameras at that intersection that should easily show the
violence towards an unarmed and peaceful protestor.
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
FOUNDED
1839
ICMS #: 2020-0687
June 1, 2020
Complaint: Complainant reports how disgusted she is with the police violence and believes it is
unacceptable. The caller states a pregnant woman was hit with rubber bullets this weekend in her
abdomen. The caller states this should not be happening, she believes they should be able to protest
peacefully.
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
QUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0688
June 1, 2020
Complaint: Complainant alleges: the police have been using force that escalates rather than
deescalates violence. Rubber bullets, tear gas, and showing up in militarized gear. The Austin
Police Department is showing a defense of injustice. Please have them stand down and join
peaceful protesters. Be an example to the country and world of police officers who want to serve
and protect. Be the change stop senselessly hurting and scaring people.
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
FOUNDED
ICMS #: 2020-0689
June 1, 2020
Complaint: The Office of Police Oversight received an anonymous complaint alleging that an
Austin Police Department (APD) officer may have violated APD policy. The complaint alleges as
follows:
"Officer
Badge#
using weapon#
was seen firing his less than lethal
weapon indiscriminately into crowds of peaceful protesters from atop the overpass of
and
. He was running up and down the bridge acting like he was playing call of
duty trying to get as many shots off as possible. He almost hit me, my girlfriend, a man in
a wheelchair and a child by only a few feet. We all were across the street sitting on the
grass taking a break. This man is the reason people are angry at the police force, he does
not deserve to wear a badge, he is the problem, please root it out."
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.
CITY OF AUSTER
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0693
June 1, 2020
Complaint: Ms.
,
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during a protest on
She alleges that she was
present for the protests and was positioned in front of the
. She states,
in part, as follows:
"I was standing in the crowd toward the back and there were several times that I saw
officers spraying, and I don't know what they were spraying-if it was pepper spray or tear
gas-but they were spraying without cause.
alleges that there were between two and four officers involved, and that it was primarily
the officers
that were toward the center toward the right
hand side in the front lines that she saw doing the spraying. She alleges that the spraying was
unprompted, and that she was downwind of that spraying when it happened, SO she inhaled some.
further alleges that she witnessed the spraying on the highway as well, which she heard
was to keep the crowd back from the highway.
also alleges that she heard rubber bullets or beanbag bullets fired, stating, "I heard the
shot fired and people ran back to tell me that someone had been shot in the head and a pregnant
woman was shot." She further states that at one point, someone nearby her held up a beanbag bullet
that had been shot into the crowd near her. She states that she was not in the area where things
were fired, but that she still saw the results of people being injured.
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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0696
June 1, 2020
Complaint: Complainant alleges that he parked his vehicle near
St to go to work, went
back to car after work and APD tear gassed a group of peaceful protesters and the spray carried
over and got into his car and caused his eyes to water while he was driving home. The complainant
wants to make clear he was not involved in the protests, he went to work and this happened because
APD illegally used excessive force on the protesters.
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
FOUNDED
1839
ICMS #: 2020-0704
June 1, 2020
Complaint: Complainant alleges: witnessed a lot of acts of violence at the hands of APD during
the protests. One individual was in such bad shape we flagged an ambulance to take him to ER.
Another woman was possibly tear gassed, she appeared in shock and incoherent. We saw SO many
people who were bloodied - we just watched APD fire into the crowd. APD instigated and
escalated the situation more, we just saw folks shot at and getting gassed. I'm ashamed of living
here and ashamed that is how APD acts.
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
FOUNDED
1839
ICMS #: 2020-0705
June 1, 2020
Complaint: Anonymous Complainant alleges: All of your officers deployed
violated the Geneva Convention. There are hundreds of witnesses to this, as well as ample video
footage of your officers misusing non-lethal weaponry in ways that escalated their lethality. Point
blank, into the faces of minors that were simply screaming at you to not shoot, with their hands
up. Every officer of APD is responsible for this, because part of your training is keeping your
fellow officer's in check during times of stress, and this simply didn't"t happen. There is footage
of your officers instigating fights and vandalizing private property.
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
FOUNDED
1839
ICMS #: 2020-0707
June 1, 2020
Complaint: Complainant alleges: Officer shoved peaceful protester away to stumble over their
bike.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
FOUNDED
1839
ICMS #: 2020-0708
June 1, 2020
Complaint: Complainant alleges: Officer repeatedly fired rubber shots towards people that were
not causing threat to the officers. I counted he had shot 6 shots within a few 3 minute period. I
witnessed the same officer rush towards a woman and physically assault her while she was only
holding a sign and not doing any type of threatening behavior.
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
AUSTEN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0709
June 1, 2020
Complaint: Complainant alleges:
during the
protest I observed an officer grab a
woman by her hair in order to pull her over his bicycle. As he pulled her over the bicycle and to
the ground, he punched her in the head. She was then pinned to the ground and handcuffed. The
officer was not provoked. He approached her and grabbed her simply because she was within his
reach. Another officer then began shooting mace randomly at protesters when they verbally voiced
their concern for the woman. I have video of the officers pinning the woman to the ground and one
incident of an officer shooting mace at someone. I also have video of him shoving people and
generally trying to incite confrontation. I do not have these two particular officers" names and
badge numbers, but I have photographs of the officer who was macing people. Officer
did
not participate in this inappropriate behavior but he was providing crowd control and observed
what happened and should be able to name the other officers. All of the officers involved in these
altercations were bicycle police. It initially appeared that they were setting up a barrier to protect
protesters. They did not give any warning as they began advancing on the rather sparse crowd.
They did not communicate what they wanted from the crowd.
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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0710
June 1, 2020
Complaint: Complainant alleges: armored police murdered a peaceful protestor by shooting him
in the head with a rubber bullet.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0711
June 1, 2020
Complaint: Complainant alleges: Austin police were firing bullets into a crowd of peaceful
protesters and severely injured a young man by shooting him in the head. When protesters appealed
to the police for help they were shot. All officers involved in this incident should be investigated
and in my opinion terminated.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
CHILL
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
ICMS #: 2020-0712
June 1, 2020
Complaint: Complainant alleges: APD is using excessive force with peaceful protesters. Officer
pushed protester in the back over his bicycle.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
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
Complaint: This notice of formal complaint is a request for Internal Affairs to initiate 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):
105 PURPOSE AND SCOPE - COMMUNITY POLICING
The purpose of this general order is to identify the tenets of Community Policing, which serves
as the basis for this Department's mission and guiding principles. Community Policing is beyond
a philosophy, it is a practice. The Austin Police Department is committed to Community Policing
which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and
procedurally just behavior with the community that we serve. The Department's goal is to have
an understanding of the traditions, culture, and history of the neighborhoods in which they serve
in order to develop proactive solutions to problems and increase overall trust in policing.
Likewise, the Department is required to provide information and training to the community SO
community members gain an understanding of police practices and procedures, as well as an
understanding of the traditions and culture of law enforcement.
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific
officer training that addresses de-escalation.
200.2.1 ASSESSENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the
circumstances to successfully accomplish the legitimate law enforcement purpose in accordance
with this order.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
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
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often
forced to make split-second decisions in circumstances that are tense, uncertain and rapidly
evolving, and the amount of time available to evaluate and respond to changing circumstances
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting him.
206.4 CHEMICAL AGENT GUIDELINES
Chemical agents are devices used to minimize the potential for injury to employees, offenders,
or other subjects. They should be used only in situations where such force reasonably appears
necessary.
206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE
Subjects who have been affected by the use of chemical agents should be afforded means of
cleansing the affected areas as soon as practicable. Those subjects who complain of further
severe effects shall be afforded a medical examination by competent medical personnel.
206.5.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES
Officers should generally follow their training instructions regarding minimum deployment
distances and target areas. The need to immediately incapacitate the subject must be weighed
against the risk of causing serious injury or death.
The head and neck should not be intentionally targeted, however any target area or distance may
be considered when it reasonably appears necessary to accomplish immediate incapacitation in
order to prevent serious injury or death to officers or others.
300.3 CROWDS, EVENTS AND GATHERINGS
Officers may encounter gatherings of people, including but not limited to, civil demonstrations,
civic, social and business events, public displays, parades and sporting events. Officers should
monitor such events as time permits in an effort to keep the peace and protect the safety and
rights of those present. A patrol supervisor should be notified when it becomes reasonably
foreseeable that such an event may require increased monitoring, contact or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should
carefully balance the speech and association rights of those present with applicable public safety
concerns before taking enforcement action. Officers are encouraged to contact organizers or
responsible persons to seek voluntary compliance that may address relevant public safety/order
concerns.
Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code
§ 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or
egress of a facility or location and when voluntary compliance with the law is not achieved.
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
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
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.
301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS
APD constantly works to establish direct contacts with the community we serve. Without
grassroots community support, successful enforcement of many laws may be difficult, if not
impossible. Community involvement can be an effective means of eliciting public support, can
serve to identify problems in the making, and may foster cooperative efforts in resolving
community issues. Input from the community can also help ensure that agency general orders
accurately reflect the needs of the community.
302.1 PURPOSE AND SCOPE - PUBLIC RECORDING OF OFFICIAL ACTS
The Austin Police Department recognizes that members of the general public have a First
Amendment right to video record. photograph, and/or audio record APD officers while they are
conducting official business or while acting in an official capacity in any public space, unless
such recordings interfere with police activity.
326.1 PURPOSE AND SCOPE - NEWS AND MEDIA RELATIONS
The purpose of this order is to seek a balance between permitting the free flow of information to
the public and the media while protecting both the prosecution's case and the rights of the
accused from possible prejudicial publicity. Public information and positive media relations are
an integral part of the operation of any public service agency and APD is no exception. Most
citizens have little contact with law enforcement and their opinions of the police are often
formed by our Department's portrayal in the media. The release of public information and
maintenance of good media relations is a crucial element of APD's mission. Employees must
maintain a good rapport with the public and the media and deal with them in a courteous manner.
The media has a legitimate function in our society and the public trust of the police can be
enhanced through media relations.
APD is committed to informing the community and members of the news media of events that
are handled by, or involve, the Department. Employees will cooperate fully in meeting the
relevant information needs of the public and the news media. Every reasonable effort should be
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.
GIVE OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
made to obtain requested information, SO long as the release of that information conforms to
federal and state laws, and follows established Department guidelines.
328.1 PURPOSE AND SCOPE - RACIAL OR BIAS-BASED PROFILING
This order provides guidance to department members and establishes appropriate controls to
ensure that members of the Austin Police Department do not engage in racial or bias-based
profiling or violate any related laws while serving the community.
328.2 POLICY - RACIAL OR BIAS-BASED PROFILING
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description
is limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation
of an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due
to offenses committed because of bias or prejudice.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A 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.