Formal complaint: Impartial attitude and courtesy, Neglect of duty, Acts bringing discredit upon the department, Responsibility to know and comply

OF
DEAL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS: 2021-0851
August 17, 2021
Complaint: The OPO received a complaint, via email, from
, Attorney at
Law alleging:
This is a complaint against Austin Police Department Interim Police Chief Joseph Chacon and
Assistant Chief of Police Richard (Rich) Guajardo. This complaint is based on information and
belief after interviewing multiple credible witnesses who are officers or employees of the Austin
Police Department and examining the affidavit of Austin Police Detective
Detective
is
the lead detective in the criminal case against U.S. Army Sergeant
is indicted for Murder, Aggravated Assault and Deadly Conduct in connection with the death
of
The case is styled State of Texas VS.
cause number
,
was called as a witness before the Grand Jury in this case and will be a witness
when the case goes to trial.
On or about
,
elected District Attorney Jose Garza became aware that Detective
provided defense attorneys with a sworn affidavit alleging that the Travis County District
Attorney's Office committed the criminal offense of Tampering with a Witness
)
and
suppressed exculpatory evidence from the Grand Jury.
's actions in providing the affidavit
demonstrated great personal courage while complying with the law and all APD policies. After
learning about the
affidavit, District Attorney Jose Garza called Interim Police Chief Joseph
Chacon, presumably to complain about
's actions and to pressure Chacon to silence
Chief Chacon is a candidate for permanent police chief and likely did not want to anger the elected
district attorney.
Interim Police Chief Chacon ordered Assistant Chief Guajardo to pressure Detective
to stop
talking to and cooperating with Defense Attorneys. After receiving Chief Chacon's orders,
Assistant Police Chief Richard Guajardo went to Detective
's cubicle and accosted him.
Guajardo threatened
with an internal affairs complaint if he didn't retract his affidavit. He
further gave
a direct order to cease speaking with the defense attorneys representing
Apparently, Guajardo made significant remarks to the crowd of detectives in the work-space
adjacent to
's
cubicle consistent with the threats he made to
All detectives present to
hear Guajardo's comments are witnesses in this matter.
As some point later, Chief Chacon thought to seek legal guidance from Assistant City Attorney
Presumably,
informed Chacon that everything that had transpired violated
criminal and civil statutes and subjected the City of Austin to liability.
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
LUSTEM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
In ordering Assistant Chief Guajardo to silence Detective
Interim Chief Chacon
committed (at a minimum) the following criminal offenses:
- Tampering with a Witness (Texas Penal Code Section 36.05)
- Obstruction or Retaliation (Texas Penal Code Section 36.06)
- Official Oppression (Texas Penal Code Section 39.03)
- Abuse of Official Capacity (Texas Penal Code Section 39.02)
- Coercion of a Public Servant (Texas Penal Code Section 36.03)
In addition to criminal law violations, Interim Chief Guajardo violated multiple APD Policies.
In threatening Detective
with an internal affairs case and ordering to never again speak
with the defense attorneys again, Guajardo committed (at a minimum) the following criminal
offenses:
- Tampering with a Witness (Texas Penal Code Section 36.05)
- Obstruction or Retaliation (Texas Penal Code Section 36.06)
- Official Oppression (Texas Penal Code Section 39.03)
- Abuse of Official Capacity (Texas Penal Code Section 39.02)
- Coercion of a Public Servant (Texas Penal Code Section 36.03)
In addition to criminal law violations, Assistant Chief Guajardo violated multiple APD Policies.
Administrative Policies to Review:
The OPO recommends an independent investigation into the actions of Assistant Chief Guajardo,
Interim Chief Chacon and Detective
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 equitable 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.
(a) Employees will not express or otherwise manifest any prejudice concerning race, religion,
national origin, age, political affiliation, sex, or other personal characteristics in the
performance of their duties.
1. Employees will respect the rights of individuals and will not engage in
discrimination, oppression, or favoritism whether by language, act, or omission.
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
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
900.4.3 Neglect of Duty
Employees will satisfactorily perform their duties. Examples of unsatisfactory performance
include, but are not limited to: (a) Lack of knowledge of the application of laws required to be
enforced. (b) Unwillingness or inability to perform assigned tasks. (c) Failure to take appropriate
action on the occasion of a crime, disorder, investigation or other condition deserving police
attention. (d) Failure to respond to any call or to perform any police duties assigned to them by
appropriate authorities.
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.
(a) Employees will not commit any act which tends to destroy public confidence in, and
respect for, the Department or which is prejudicial to the good order, efficiency, or
discipline of the Department.
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.
(a) Employees will maintain a working knowledge and comply with the laws, ordinances,
statutes, regulations, and APD directives which pertain to their assigned duties.
(b) Employees who do not understand their assigned duties or responsibilities will read the
relevant directives and guidelines and will consult their immediate supervisor for
clarification and explanation.
(c) A lack of knowledge of an APD written directive is not a defense to disciplinary action.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO is not recommending a classification. The OPO is recommending an independent
investigation into the actions of Assistant Chief Guajardo, Interim Chief Chacon and Detective
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.