Formal Complaint: Display of Firearms, Impartial Attitude and Courtesy

OF
DATE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1252
December 10, 2020
Complaint: The Office of Police Oversight received an online complaint from
complainant, alleging the following:
On
officer was called to
said they
elt.threatened because
had a gun they said in truck. It was a pellet.gun and he didnt
aim.at.his windshield and everyone in place was inside and he dodnt have it poi ted towards.his
windshield. I was standing putside if his truck Arrested.him.anyway They told.my granddaugher
who came in truck and me, i came in my car to this place to step.to.the side.we did and in the shade
came.up.to .y granddaughter and said you have a phone in your hand
and i can shoot you. i was standong next to her. Her phone was.by her side, not in the air and i had
my phone on me.and he didnt say anything to me Also, he grabbed her by her right arm, she had
said.bothi g to him.before this happened and she has ptsd.from.being sexually trafficked
last.year.in
She has ptsd.bac
had no right or reason to grab her or threaten to
shoot her This is the absolute truth. I would.like a respo.se.to this and officer
came. to scene ehen he heard. was.goi g to file against
.for what he had done and that he
would.check body cam When can i see body cam? And i would.like results.asap He
could.have.caused great mental harm. to my granddaughter doing this Unecceptable
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):
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.
301.2 IMPARTIAL ATTITUDE AND COURTESY
(b) Employees will be tactful in the performance of their duties, control their tempers,
exercise patience and discretion, and shall not engage in argumentative discussions
even in the face of extreme provocation.
(c) Employees will make every effort to be courteous and respectful toward all persons.
900.1 PURPOSE AND SCOPE
It is the policy of the Austin Police Department that employees conduct themselves at all times
in a manner that reflects the ethical standards consistent with APD written directives. This order
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
shall apply to all sworn and civilian members, including volunteer, part-time, auxiliary, and
nonpaid civilians affiliated with the Department through a Department-sponsored program while
under the direction of a Department employee.
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.