Formal complaint: Case assignment and responsibility and other policy violations

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0628
July 14, 2021
Complaint: Complainant alleges:
"Case Number
Detective
is the lead detective on this case. I
feel the officer in charge of my case did not properly investigate for the following reasons:
the offender was locally accessible for multiple days after the fact and was neither
questioned or contacted; I was repeatedly asked who to contact to find the offender, having
to do the investigating for her; During the interview I had with Detective
at the
, she stated that, "Some people are into those things" when I explained the details of
what happened to me; She conducted an over the phone interview with the perpetrator in
order to get his official statement. While I was expected to be in
to do mine in a
room with cameras and audio recording; Towards the end of her investigation, of which
she told me would take a year or two to complete and only took a few months, she stated
that nothing conclusive was found to prove that it was a rape and that at this point it is a
he-said-she-said situation because there was no witness to say otherwise; she stated that
there is nothing else they can do; Persons that I interacted with immediately after the fact
were never interviewed, Persons that were in rooms adjacent to mine were never
interviewed; Persons he interacted with that day were never interviewed; I feel that she did
the bare minimum in conducting this investigation."
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):
403.2 FOLLOW-UP INVESTIGATIONS
Follow-up investigations may include, but are not limited to:
(c) Seeking additional information from complainants, witnesses, neighbors, informants,
officers and Department employees.
(d) The incident may require contact with the victim(s) and witness(es) by the assigned
personnel to obtain information not uncovered during the preliminary investigation.
(f) Conducting interviews and interrogations. Arranging for the dissemination of
information, as appropriate.
(i) Collecting physical evidence.
(n) Reviewing the results of laboratory examinations.
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
NOTICE OF FORMAL COMPLAINT
403.3(c) CASE ASSIGNMENT AND RESPONSIBILITY
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 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.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive an A 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.