Formal Complaint: When Department Issued BWC SystemIs Required, When DMAV Use is Required

OF
CITY
GUSTA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1749
December 30, 2020
Complaint: The Complainant alleges: APD received a false report that I was suicidal with a gun
They called me around
and asked if they could come by to pick up security camera
video I had of a break in the week before. I told them I was at work until
When I arrived home, four APD officers emerged from my neighbor"s bushes and
attacked me at gun and taser point. I was 100% compliant. But, they forced me to my knees (still
at gun point) and ripped my arm back the way you pull a leg of a turkey. They tore my rotator cuff,
labrel tendon and bicep tendon. It required major surgery with bills exceeding $100k. I no longer
have full use of my arm and I have metal in my shoulder now. Keep in mind, I had done NOTHING
WRONG. They arrived all amped up and ready to kill me. Think about this; if I was having a
mental crises, and running around suicidal with a gun, why did they wait six hours to intervene?
If this was such a dangerous situation that they had to attack me at gun point, why weren"t they
concerned about my coworkers? And if they thought I was going to shoot myself, why was their
plan to shoot me? It didn"t stop there. I had no idea why they attacked me, I had done nothing
wrong. I kept asking them what did I do. They refused to answer for about 30 min and then told
me they had a call saying I was suicidal with a gun. I told them over and over I never said such a
thing, and had no intentions to harm myself or others. They said "well someone thinks you are".
They refused to release me. My girlfriend arrived for our dinner date while I was handcuffed in
my driveway (1.5 hrs). They ran to her car and told her I was suicidal. she is ESL and had never
been close to a cop. She was in shock and didn"t know what suicidal meant. I called to her and
said "I need help, please come over here". The cop blocked her from coming to me and told her
she had to get inside my house. Question; Does it make sense to you that a suicidal guy running
around with a gun goes to work and comes home for a dinner date? And, if I was having a mental
crisis, shouldn"t they try to bring a loved one to talk to me? The cops kept refusing to let me go, I
asked over and over and over "what have I said, not said, done or not done that gives you any
indication I"m a threat to myself or others?" Their only answer was "well someone thinks you are".
They told me they called a mental health officer to come and "evaluate me" and she would decide
what to do with me. I was handcuffed in my driveway for 1.5 hours in full view of my curious
neighbors who now avoid me like I was a serial killer while we waited for the "Mental Health
Officer". When she arrived, and before she got out of her car, she said to one of the officers; "I
don"t need to see him, you guys have been here for hours, everybody"s crazy tonight" and then
instructed them to detain me for 48 hours which turned out to be 61 hrs. I was then jumped by SIX
APD officers and forced to my feet and dragged to a cruiser and thrown inside, kidnapped and
taken to a mental hospital where I was held captive for 61 hours. I missed work for three days.
While I was handcuffed, two APD officers entered my garage again with their guns drawn (they
knew my house was empty and that I had just arrived) and searched my car - without a warrant!
Another officer entered my home and searched my kitchen, living room and my bedroom - without
a warrant! I have video of this attack from my security cameras and an audio recording of the first
10 min and a recording of the Mental Health Officer saying "I don"t need to see him, everyone"s
crazy tonight" APD also violated the following Stater law: Texas" law for Emergency Detention
(Title 7, subtitle C, Chapter 573, subchapter A, section 573.001 requires the following for
emergency detention. APD did NOT fi Sec.A 573.001. APPREHENSION BY PEACE OFFICER
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
GINT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody,
regardless of the age of the person, if the officer: (1) has reason to believe and does believe that:
(A) the person is a person with mental illness; and (B) because of that mental illness there is a
substantial risk of serious harm to the person or to others unless the person is immediately
restrained; and (2) believes that there is not sufficient time to obtain a warrant before taking the
person into custody. (b) A substantial risk of serious harm to the person or others under Subsection
(a)(1)(B) may be demonstrated by: (1) the person 's behavior; or (2) evidence of severe emotional
distress and deterioration in the person 's mental condition to the extent that the person cannot
remain at liberty. (c) The peace officer may form the belief that the person meets the criteria for
apprehension: (1) from a representation of a credible person; or (2) on the basis of the conduct of
the apprehended person or the circumstances under which the apprehended person is found. ALL
these criteria MUST be met in order to detain someone. I did not meet any of the criteria!!!! I was
unlawfully detained. Furthermore, under Health and Safety Code (Title 7, subtitle C, Chapter 573,
subchapter A, section 573.002, Texas law requires the detaining officer to write up and file a
Notification of Detention (see below) giving very specific reasons and observations in order to
detain someone. APD did NOT fill out or file this notification! APD officers are guilty of violating
Texas law and should be punished. Sec. 573.002. PEACE OFFICER 'S NOTIFICATION OF
DETENTION. (a) A peace officer shall immediately file with a facility a notification of detention
after transporting a person to that facility in accordance with Section 573.001. Emergency medical
services personnel of an emergency medical services provider who transport a person to a facility
at the request of a peace officer made in accordance with a memorandum of understanding
executed under Section 573.005 shall immediately file with the facility the notification of detention
completed by the peace officer who made the request. (b) The notification of detention must
contain: (1) a statement that the officer has reason to believe and does believe that the person
evidences mental illness; (2) a statement that the officer has reason to believe and does believe that
the person evidences a substantial risk of serious harm to the person or others; (3) a specific
description of the risk of harm; (4) a statement that the officer has reason to believe and does
believe that the risk of harm is imminent unless the person is immediately restrained; (5) a
statement that the officer's beliefs are derived from specific recent behavior, overt acts, attempts,
or threats that were observed by or reliably reported to the officer; (6) a detailed description of the
specific behavior, acts, attempts, or threats; and (7) the name and relationship to the apprehended
person of any person who reported or observed the behavior, acts, attempts, or threats. (c) The
facility where the person is detained shall include in the detained person 's clinical file the
notification of detention described by this section. (d) The peace officer shall provide the
notification of detention on the following form: Notification--Emergency Detention
Recommended Administrative Policies to Review (to include but not limited to):
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances it may not be possible to capture images of an incident due to conditions or
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only be activated for law enforcement purposes.
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
.
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used. In
some circumstances it is not possible to capture images of the incident due to conditions or location
of the camera however the audio portion can be valuable evidence and is subject to the same
activation requirements.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
UNDED
1839
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.