Formal complaint: Impartial attitude and courtesy, Interaction with community, Reporting the active targeting of a firearm at a person, and General operation of department vehicles

OF
CITY
SUBJECT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0948
September 21, 2021
Complaint: The complainant alleges: I was racial profiled. Me and my two friends were driving.
I was the passenger. We were following our friends that was the car in-front of us when we passed
an officer waiting to exit from the restaurant parking lot. Now I don't know what is reasoning for
even looking up our plates we're because we literally did nothing wrong stopped at a stop light.
The guy followed us swerving in and out the lane. We reach our destination and he pulls into the
park as well then turns on his lights and almost Rams us as where trying to park then immediately
draws his fire arm. And yells over the intercom put your hands up! Afraid for my life I ask why
are we being pulled over what did we do he's yelling put your hands up my hands have been up.
I'm still asking what did we do he got loud with me and my friends who we were following were
recording because I asked them too. Asked the officer what did we do wrong he told them to go
away my friend replied no I'm doing nothing wrong I'm parked here you are also boxing me in
what did they do wrong he said I'll arrest you for interfering when we all were together SO she was
involved he began to say that the car was reported stolen. I said no way no way he says get an
attitude with me. See what happens. I said what's going to happen you're going to shoot me for
nothing? And I called him racist. Back up arrived about 5-8 cars deep shot guns drawn ar-15s
pistols drawn they make me the passenger get out the car turn around and they "detain" me I'm
asking the officers who were very nice by the way what did I do wrong and they said they don't
know they don't even know why we were stopped about 7 min later the officer that stopped us
yells get him out get him out it was a mistake the car came back as a stolen Chevy truck you cannot
mistake a truck for an suv ! I'm disabled I suffer from sickle cell anemia leukemia and extreme
anxiety and ptsd my wrist and body were swollen. I keep having bad dreams about this night and
what if something would've went more wrong and I lose my life for being a black man riding
passenger. To this day I know not why we were even stopped what made him read our plates and
not anyone else's and why this happen without those questions being answered I can only assume
because I was black and wearing a durag he thought he could get lucky and find something on me.
That's racial profiling. And I won't stand to have this not dealt with for I fear for the next person
he dose it to it might not end as well.
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.
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
DEAL
LOSTED
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
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
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
302.2 INTERACTION WITH COMMUNITY
(c) As long as the photographing or recording takes place in a setting at which the individual has
a legal right to be present and does not interfere with an officer's safety or lawful duties, officer's
shall not inform or instruct people that photographing or recording of police officers, police
activity or individuals who are the subject of police action (such as a Terry stop or an arrest) is
not allowed; requires a permit; or requires the officer's consent. Additionally, officers shall not:
1. Order that person to cease such activity;
2. Demand that person's identification;
3. Demand that the person state a reason why they are taking photographs or recording;
4. Detain that person;
5. Intentionally block or obstruct cameras or recording devices; or
6. In any way threaten, intimidate or otherwise discourage an individual from recording officer's
enforcement activities.
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
GINE
LOSTED
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON
By the nature of their duties, officers may be required by general orders and training to point
their firearm, including impact munitions, and actively target at a person. This section does not
create an additional requirement for officers to initiate an incident report; however, officers that
actively target their firearm at a person shall properly document the incident as outlined below.
804.2 GENERAL OPERATION OF DEPARTMENT VEHICLES
(a) Employees will operate Department vehicles in a careful and prudent manner within the
guidelines of the law and Department General Orders. Unsafe or negligent driving is prohibited.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B 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.