Notice of complaint related to 2022-0977
Complainant alleges an Austin police officer escalated a situation involving the officer parking incorrectly.
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CITY
DESTRI
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
October 28, 2022
ICMS #: 2022-0977
On October 24, 2022, the OPO received a phone complaint.
The complainant alleges: There was a misunderstanding about a parking situation. The
complainant goes to the same parking lot at lunchtime every day and everyone always
parks perpendicular facing the building. He pulled into the parking lot behind an officer
and parked next to him. There are painted lines for parking and the officer told him he
needed to park between the lines. The complainant told the officer if he parked correctly,
he would have blocked his vehicle. The complainant got out of his car and the officer began
telling him he needed to park between the lines. He told the officer he was blocking him
from doing that. The officer got mad and told him he could park anywhere he wanted, and
the complainant told him he could not because he was not above the law. The officer began
escalating the situation and told him he better watch who he talked to like that.
Complainant asked if he was threatening him, and the officer said no, just warning him.
Complainant asked for his name and badge number. The officer gave him his business
card. It was clear the officer wanted a reaction out of him and wanted him to do something
stupid instead of de-escalating the situation over a minor parking situation. The officer
told him he was soft for wanting to file a complaint. He told the officer he was not acting
very professionally and needed to be trained in de-escalation. The officer told him he did
not have to de-escalate anything. The officer was very dismissive and argumentative. The
officer threatened him again by saying what if I was some big redneck and you talked to
me that way and I got out of my car and beat your ass, (something like that--he does not
remember the officer's exact words). The complainant thought that was a weird thing to
say. He was concerned because the officer had a badge and a gun, and he clearly needs to
be trained in de-escalation. The officer told him he better get his story straight because his
body cam has been on, and they are going to look at his 22 years of service and see that he
has never done anything wrong.
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.
OF
DAY LUSTAT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT