Notice of complaint related to 2022-0031

OF
DATE
AUSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
January 12, 2022
ICMS #: 2022-0031
On January 12, 2022 the OPO received an online complaint.
The complainant alleges: Incident 1: I was heading home from work and turned the corner
towards my house at
at
I saw a neighbor who lives by
me and has mental issues and drug and alcohol issues. He was walking towards
as
he does all day and night. I then saw a woman sitting on the curb at another neighbors' house at
the corner house. I rolled down the window and she asked for money and was bare foot and
distressed. She was not violent, but distressed and talking in disjointed sentences about many
things over and over. Being raped, being half hispanic (she would lift up her shirt to show me her
nipples that were brown she said), being pregnant, wanting a 7-up, her grandfather, death, angels,
the brightness of the brake lights on my mini van, her name was
and that she was 33 years
old and more. I did not get out of my minivan but pulled up next to the curb at the neighbors' house
with the woman sitting behind me still on the curb. I then called Integral Care's 24/7 crisis hotline
number. I was told that it could be up until 24 hours before they could get to her on the curb. That
was not sufficient. I called
who works and advocates with mentally ill citizens and
mentally ill unhoused citizens. She suggested I call EMS through 911 and request EMS for a
woman who is pregnant in distress and that I ensure that I ask for a mental health officer and make
sure to get the name of the operator. I called 911 and spoke with
with EMS
and asked that a mental health officer come out as well. I got out of my van
to give her two granola bars and sat them on the curb. She did not like that and said that I was
trying to poison her. I removed the granola bars. A neighbor in an older vintage blue pick-up truck
was driving past the minivan and she ran into the middle of the street almost getting hit and
throwing her hands up to stop the truck. He got out and left the truck in the middle of the street
and EMS showed up. She went back to the curb at that point and two EMS paramedics went to
talk to her crouching down to her level. I moved my minivan to the other side of the street as the
brake lights were agitating her as were the bright lights on the ambulance by her. The neighbor in
the truck had to leave as he was afraid his vintage truck would not start. Shortly after around
two police officers came in their vehicle Police vehicle
license plate#
and
went to speak with her. One officer came over to me and said that I may have to leave because she
was agitated by me. I told him that she was agitated by anyone that came by while I was there. I
also told him that I had witnessed police brutality earlier in another incident involving a black
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POLICE OVERSIGHT
NOTICE OF COMPLAINT
fifteen year old with mental health issues and that I was not going to leave the scene to ensure that
she was ok. He left to speak with her as well. Then both police officers came back to the minivan
and Officer
told me that she did not want to go with them or with EMS and that they
could not force her to go. I asked if he was a mental health officer and he said yes. I said that she
said she was pregnant and had been raped and that she ran in front of a truck endangering herself,
potentially the neighbor driving the truck and her potentially unborn baby. I asked where he would
take her if she agreed to go. He said to mental health hospitals. I asked if there were beds available
and he said yes. I said I had just spoken with a mental health advocate who said that beds were not
readily available. I asked if he had offered her any shelter options or to take her to a shelter. He
said he had not. He said that she had mentioned
and he had offered to take her there.
(Earlier before they arrived she had repeatedly mentioned going to
to take a shower). I
told him that
is for youth and that it is not a shelter and not an option at this time of
night to take her there. I asked if he knew of shelters to offer her. He said offhand he did not but
there are lists of them. I mentioned as a citizen I knew of a few offhand and asked why he did not
know them as a mental health officer in Austin. He asked what I would like this evening. I said
that I would like her somewhere safe and for her to be treated humanely and for the mental health
officer to be trained to know that mental health hospitals are full and to know shelters to offer this
woman: a pregnant, mentally ill, shoeless homeless woman who keeps mentioning being raped
who ran into the street almost getting hit by a truck endangering herself, the baby, and the driver,
and potentially me who was in the van close to the truck. I would like for officers like him to be
trained in these matters. He said the police had at least 5 calls on her SO far with police coming out.
I asked if he preferred to keep using the police resources for the rest of the night rather than take
her in his car to a shelter or have EMS take her to ER because people are going to continue to
call 911 on her. I asked him if they preferred she did hurt herself or others before taking her in
rather than preventing that occurrence. He said he could not take her if she did not want to go
unless she was a danger to herself and others. They left. I later drove by to see if she was ok but
did not stop as she would have gotten upset again and I was afraid she would run in the street again
in front of my car or others. She was lying in the corner neighbors' yard still talking in circles with
her arms waving in the air. Incident 2: Later around
I heard the same woman
from
the 2nd incident as her voice was getting louder as she was coming down the street as she neared
my house. My neighbor across the street came out to ask if she was ok. I went to his front porch
to tell him I had called EMS and a mental health officer earlier in the evening. He explained to me
that the neighbor's son across the street with drug, alcohol and mental issues had brought her home
from under the bridge and kicked her out when she had a psychotic breakdown. I asked her if she
wanted a Sprite since she was still mentioning the 7-up in her cyclical talking. I went inside to get
it and didn't have one and offered her a sparkling water instead. She took it but again was afraid it
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NOTICE OF COMPLAINT
was poisoned and put it on the ground. She was in the middle of the street and I was fearful that if
cars came by she may run in front of them again. Around
I
called 911 again to report it
and asked for a mental health officer and mentioned during the call that the first officer did not
suffice in handling the situation earlier. The EMS and police arrived. Officer
(may be
mis-spelled perhaps Badge#
as I wrote Badge#
identified himself as the mental health
officer. I told him what had happened earlier and he asked if she was a danger to herself and others
and or suicidal. I said yes. She had been talking about death and angels and ran into the street
almost getting hit by a truck. He kept saying he would have to defer to the first mental health
officer. I persisted. He went over to her and she had her head on the recycle trash can talking in
circles. A female officer Sergeant
began asking me questions and listening.
Listening. Which the other officers did not do. I wish she had been the mental health officer. It
was night and day. I explained to her the situation earlier and the new information that she had
been at the neighbor's house who also has mental health, drug, and alcohol issues. I explained to
her that a lot of activity goes on at that house and that I hoped that she had not been raped there by
anyone. I explained to her that she said she was pregnant and said that she had been raped. She
asked me if she would like her to file a complaint against Officer
the first mental
health officer and I said yes. She said someone would be contacting me and she offered her
information and a number that I believe is the case number that she wrote down for me
She thought it was important to report since she had run in front of the truck and that the
officer didn't consider that endangering herself and others. I have not had anyone contact me
however. In the end the EMS did take her in an ambulance on this second call. She was back on
the street the next day according to neighbors. I have seen her at least three times since at night
talking to herself walking in the middle of the street I live on. I want to impress the importance of
adequate training of these mental health officers. We need both a diversion from jails for people
with mental health issues and a diversion from hospitalization in the ER. Officers are forced to
wait until someone is "very" dangerous to self and others because the Emergency Rooms are the
diversion and ER does not want to deal with these citizens with mental health issues. We do not
have enough mental health beds available SO they can truly get the help they need. I followed the
protocol I have always thought would assist someone with a mental health crisis. It failed on SO
many levels. As a taxpayer and concerned human, I am frustrated that there are not large
investments in the state hospital system (ASH) and our local mental health authority - Integral
Care - and there is no expansion of beds or meaningful services until someone is in fact a danger
to self or others. We must do better and create a system that does not force people into jail before
they can get treatment.
OF
CITY
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of complaint is a request for Internal Affairs to initiate an investigation to determine
if the employee conduct is within compliance of APD policy, Civil Service Rules, and Municipal
Civil Service Rules.