Formal complaint: De-escalation of potential force encounters, Response to resistance, and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0179
March 12, 2021
Complaint: Complainant,
alleges: Wellness check after leaving
Cut my hand with a knife. APD showed up. I walked away. Was pursued. Shot with bean bag
rounds. Thrown in cop car. Administered ketamine. Arrested and charged with Aggravated Assault
Public Servant X 2. I had every right to refuse interaction with APD because I was not under arrest
and due to previous police encounters involving mental health and their lack of training. It was
alleged that I "threatened" police with the knife. This did not take place. I was unarmed after
dishcarging the knife and I was still threatened with an actual firearm and was shot 2 more times
which broke my hand. Then I was administered Ketamine for undisclosed reasons while restrained
with no resistance or violence.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order 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):
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the circumstances
to successfully accomplish the legitimate law enforcement purpose in accordance with this order.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often forced
to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and
the amount of time available to evaluate and respond to changing circumstances may influence
their decisions. The question is whether the officer's actions are "objectively reasonable" in light
of the facts and circumstances confronting him.
202.1.1 FIREARM DISCHARGE SITUATIONS - POLICY
It is the policy of this department to resort to the use of a firearm when it reasonably appears to be
necessary under the circumstances.
202.1.4 DISPLAY OF FIREARMS
Firearms may be readied for use in situations where it is anticipated they may be required. Firearms
shall not be displayed or pointed in a threatening or intimidating fashion unless it is objectively
reasonable to believe there is a substantial risk that the situation may escalate to the point where
deadly force would be permitted. Firearms shall be secured or re-holstered as soon as reasonably
practicable when it is determined that deadly force is no longer necessary.
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
206.5.2 VERBAL WARNINGS
A verbal announcement of the intended use of the kinetic energy projectile should precede its
application unless it would otherwise endanger the safety of officers or when it is not practicable
due to the circumstances.
(c) When the less lethal kinetic energy projectile is deployed on scene, the officer carrying the
weapon shall announce over the air as soon as practicable that the less lethal shotgun/40mm
weapon was deployed and be acknowledged by the dispatcher.
206.5.4 ADDITIONAL DEPLOYMENT CONSIDERATIONS
(a) Before discharging projectiles, the officer should consider the following factors:
1. The subject's capability to pose an imminent threat to the safety of officers or others.
3. The credibility of the subject's threat as evaluated by the officers present, and the subject's
physical capacity/capability to carry out the threat.
4. The availability of other force options and their possible effectiveness.
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 equitably 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.
306.3.1 SEARCH PROTOCOL
Nothing in this order supersedes officer safety tactics.
(a) Officers will conduct person searches with dignity and courtesy.
(b) Officers will conduct property searches in a manner that returns the condition of the property
to its pre-search status as nearly as reasonably practicable.
445.2 INCIDENTS REQUIRING A CIT OFFICER (a) If the incident is an emergency involving
a person in mental health crisis, a CIT officer will be dispatched as the primary responding officer.
If a CIT officer is not available, any patrol officer will be dispatched immediately, and a CIT
officer will respond as soon as possible.
800.2 PROPERTY AND EQUIPMENT ACCOUNTABILITY - GENERAL POLICY
For purposes of this order, Department property is synonymous with City property.
(a) Willful damage to City property by an employee is prohibited.
(b) Negligent or incorrect use of City property is prohibited.
(c) Employees are responsible for the ordinary care and cleaning of City equipment in their
custody and control and will maintain it in the best possible condition.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation 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.