Formal complaint: Purpose and scope and other policy violations

CITY OF AUSTIN
OFFICE OF
FOUNDED
1839
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1122
November 29, 2021
Complaint: The complainant alleges:
This is Atty.
and at the request of
I have attached
.
redacted police report and autopsy report for your quick reference.
I have also attached the relevant Austin Police Dept General Orders/Police Manual. These orders
outline the department"s police procedure and were in effect at the time of
death on
.
My private investigator has assisted the
family since
.
He personally met with Lead Detective,
, on
.
He has reviewed the video surviellance evidence in the case and this consists of roughly 50 hotel
surveillance videos in addition all relevant APD BWC/dash camera recording from the following
officers/units:
Unit number :
Dispatched:
Officer 1 :
Officer 2 :
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
Officer 1 :
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
Officer 1 :
Officer 2 :
Enroute :
At scene:
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.
DEAL OF AUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Cleared :
Unit number :
Dispatched:
Officer 1 :
Officer 2
:
Enroute :
Cleared :
Unit number :
Dispatched:
Officer 1 :
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
Officer 1
:
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
Officer 1
:
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
Officer 1
:
Enroute :
At scene:
Cleared :
Unit number :
Dispatched:
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
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Officer 1 :
Enroute :
At scene:
Cleared :
Below is a summary of the investigatory flaws that my investigator and O have discovered:
1. The crime scene investigator failed to conduct routine GSR testing on witnesses"
hands/clothing/sheets/furniture.
2. The crime scene investigator failed to conduct DNA testing on
witnesses/gun/casings/bullets/clothing.
3. The lead detective/officers called to the scene failed to interrogate the witnesses in a
controlled enviroment.
4.
The lead detective/crime scene investigator failed to collect valuable evidence (e.g.,
's red shirt).
5. The lead detective/officers called to the scene failed to document the responding officer"s
initial entry at the crime scene.
6.
The lead detective failed to investigate and/or follow up on investigating any of the
witnesses" phone records,text messages, emails, FaceBook, pages, Instagram accounts,
etc.
7. The lead detective failed to investigate or ascertain as to whether any of the witness" were
under the influence of either alcohol and drugs at any point during the crimes, despite the
fact that both alchohol and drugs were located at the crime scene.
8.
Prior to formally closing his investigation, the lead detective practically concluded a
primary witness
(
was not a suspect and told him he was not facing arrest.
What follows is a listing of all the individuals with special knowledge of the circumstances
involving
death. Their contact information has been provided.
1.
is the mother of the deceased,
phone
number is
and her email address is
.
2.
.
is the father of the deceased,
phone numbers are
and
email address is
address is
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
DEATH
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
3.
is
estranged boyfriend.
rented
the motel room where
eventually succumbed. The two women in her
traveling party were present inside the motel room with
and
when he
succumbed. The women in that group were
friends and they both arrived
and left the motel with
following
passing.
is
(the suspected shooter's) first cousin. Per
,
weeks after the incident,
confessed to shooting
to
then
admitted
confession to
number is
KEY POINT: We must point out the fact that APD never interviewed either
and
On
my office had a telephone conversation with
The following is a recap of my meeting notes:
and
rented their motel room and the motel room. adjacent to
theirs (the one occupied by
and
that
eventually died in). Per
he was dating
on or about
is a
resident
and
resides in
On
at
was accompanied by
and
and
drove from
to
to pick
up and
the foursome proceeded to a
in Austin where they met up with
and
.
Per
he did not know
or
prior to
and
was not present at the motel when the foursome arrived.
and
attempted to book two rooms at that location for the foursome and
and
but we're unsuccessful, SO they proceeded to the
along
At
on
and
were able to book
two rooms for the foursome and
and
Per
both he and
,
occupied the room adjacent to
and
After both
and
checked into their room,
and
went to
and
room.
and
decided to have sexual relations and
came back to
and
room.
Per
may have stayed with them for 30-40 minutes and then she left.
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
DATE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
states he went to bed around
and at
on
he was awakened by a
loud banging on his motel room door.
opened the door and when she did both
and
came into the room hysterically stating the "He just shot himself. He just
shot himself."
went into
and
restroom and he overheard the sink being
turned on.
After she exited the restroom,
went into the restroom he overheard the sink being
turned on then as well.
Per
he then got out of the bed, looked out his door and observed police accompanied
by an EMS (with a stretcher) heading towards
and
motel room.
Per
APD & EMS remained at the hotel from
through
on
,
.
Per
, both he and
check themselves out of the room on
at
.
The pair then left Austin and
dropped
at his home in
and
she went back to her home in
It is unknown whether
drove
and/or
home.
Per
, from
through
(from very strange reasons) both he and
became estranged and they did not speak to each other.
On or about
decided to reach out to
,
and during their telephone
call (which was not recorded) she confided that
(who is also
very close
cousin) told her that he (meaning
shot
on
existed the room
,
and returned to the room shorty thereafter to place the weapon in
hand,
slightly before APD arrived on the scene.
Per
he has not spoken to
concerning her revelation and/or the events of
with her since their
telephone conversation.
Per
he has never spoken to APD about the events of
and he cannot confirm or
deny whether
has.
states he never personally saw
on
or
.
is amenable to cooperating with a police investigation or an independent
investigation.
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
QUARTER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
4.
is a friend of
and
It is believed that
may have
admitted wrong doing to
Upon information and belief, police never interviewed
phone number is
.
5.
is the lead detective in the
criminal investigation.
contact information is
and
The below hyperlink will direct you to an Austin American Statesman article involving
Detective
:
6.
is
immediate supervisor.
informed me
that following my review of the open records discovery he would be amenable to
scheduling a meeting to further discuss my findings and conclusions. That meeting was
never scheduled; however,
did express an interest in obliging my
,
request.
number is
and his email address is
.
Due to
relentless, his efforts to have his son's police investigation reopened
has generated some local press coverage.
The below hyperlinks will direct you to media coverage relating to
death
and the family's pleas for reinvestigation:
A
press conference was held at the APD Headquarters. Houston civil rights
activist,
,
spoke on the family's behalf and what follows is a hyperlink that will
directs you to the press conference as well as the accompanying press release:
PRESS CONFERENCE VIDEO AND PRESS RELEASE
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
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
NEWS CONFERENCE ALERT
JUSTICE FOR
FAMILY STILL SEEKING ANSWERS FROM AUSTIN POLICE
DEPARTMENT
Parents and supporters want case reopened under an independent investigation
, a 19-year-old full of life and headed to college, died under
suspicious circumstances this summer during a party at an Austin motel.
Austin Police Department officials say that a group of young people were playing Russian
roulette when
died by suicide around
on
.
That explanation doesn't
square with hotel security video, witness statements and other information.
The
family and a groundswell of supporters believe
death was the result of foul
play, followed by a botched investigation and, potentially, a cover up.
Activist
will join
parents, relatives and supporters for a #
news conference at
outside
"He was the only African American at the gathering of 20 to 30 people and the only one who
ended up dead,"
said. "This is especially disturbing during a year of international
uprisings in support of Black lives and in protest of police misconduct. A federal investigation is
in order."
a star high school football player who excelled in multiple sports at
was scheduled to begin college at
this fall.
His parents and loved ones, who now want an independent investigation, are pressing APD and
other authorities to address inconsistencies. Specifically:
Why aren't individuals who were present considered suspects in a homicide
investigation?
Why were there no interrogations of witnesses in a controlled environment?
Why wasn't gunshot residue testing conducted on the hands of witnesses as well as
clothing, sheets and furniture among other items?
Why wasn't DNA testing conducted on witnesses, firearm(s), bullets, casings and
clothing among other items?
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
LOSTED
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
Why was there no collection of evidence, specifically a red shirt from a witness named
Why was there no documentation of responding officers' first entry on the crime scene?
Why was there no investigation of witness phone records, text messages or social media?
Why weren't witnesses on the scene tested for drugs and alcohol?
I am asking you, on
behalf, to assist him in reopening the investigation into his
son's death.
This notice of formal 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.
Recommended Administrative Policies to Review (to include but not limited to):
301.1 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 shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
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
LOSTED
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
401.7 REPORTING RESPONSIBILITIES
(b) When Investigative or Specialized Unit personnel (e.g., crime scene technician, crash
investigator) respond to the scene and conduct the preliminary investigation, unit
personnel shall be responsible for the completion of the initial report. All other
responding officers will be responsible for completing supplemental reports as
outlined in General Order 402 (Incident Reporting and Documentation)
403.1 PURPOSE AND SCOPE
Criminal investigations are a complex, multi-step process that require employees to be aware of,
operate within and comply with federal, state, and local regulations SO as not to prejudice the
case or jeopardize the prosecution of the defendant. It is the policy of the Department to comply
with the highest standards of legal and professional conduct when performing a criminal
investigation. This order provides guidelines to ensure that criminal investigations are conducted
under legal authorization using extraordinary safeguards to protect innocent persons from
unauthorized invasions of privacy.
403.2 FOLLOW-UP INVESTIGATIONS
Follow-up investigations may include, but are not limited to:
403.3 CASE ASSIGNMENT AND RESPONSIBILITY
Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned
to the case. Report routing to an Investigative Unit is an automated process that is controlled by
the title code(s) used. Unit ownership of a title code is programmed into the current reporting
system and updated as needed.
(c) When assigned to a case for follow-up investigation, investigators shall proceed with
due diligence in evaluating and preparing the case for appropriate clearance or
presentation to court personnel for the filing of criminal charges.
403.4 STATEMENTS AND CONFESSIONS
The purpose or objective of a statement or confession is to take lawful and accurate statements
that corroborate the elements and details of an incident. In doing so, investigators and
supervisors will be cognizant of such factors as the mental and intellectual abilities of the subject
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
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
being interviewed and the duration of the interview itself. Written and oral statements or
confessions should not be utilized as the sole basis for the filing of charges; any statement or
confession should be corroborated by other legally obtained evidence or verified in an
appropriate manner.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO declines to make a classification recommendation.
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.