Formal Complaint: Purpose and scope, use of taser device and other policy violations

OF
DEAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-1258
July 29, 2020
Complaint: The Office of Police Oversight received an anonymous email alleging that multiple
Austin Police Department sworn employees of various ranks participated in a cover up of an
incident of "excessive police force." The email states as follows:
"Video of excessive police force covered up by Austin Police
Evidence Locations or in open records request for all R2R forms, reports,
Arbitration documents.
1. Date:
F
A
1. Police Case #:
1. Almost 100% of officers report, including entire probable cause is
lies. (See report)
1. On one of three in-car videos shows officer telling his responding supervisor
when asked, that he only "punched" the black female 3 to 5 times.
1. Officer to cover his tracks he "Falsely filed Felony Assault on Police
Officer"..
1. Officers Violated Taser Policy, also identified by his coc (chain of
command) against Black Female exhibiting "ONLY" passive resistance.
1. Officer told female early in stop she could use phone.
1. Female only Provided "Passively Resistance"
1. One officer between her legs pinning her on her back while second officer
pummeled her face with punches point blank like UFC style etc officers
reported 3 to 5 punches, where not less than 20 thrown, including while both
officers were pinning her hands down. In this position, their commands to
her where hands behind your back she's pinned on her back getting beat.
1. Second taser deployment failed to fully connect, but can be seen causing
her slightly to move while he against policy shot her in the back.
1. In first 11 seconds after first punch, nine (9) punches were landed. All
before anyone said, "put your hands behind your back.
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.
CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
1. At no time did anyone tell her she was under arrest or had a warrant.
1. Incident Review reads that both officers each were holding different wrist
and
punched her another 3-5 times.
1. Near end of
DMAV he's having side bar conversation with another
officer. telling other officer that during this fight, he kept trying to get on
the radio to call for help, but couldn't get out coveted. He never reached
for or touched his radio.
Use of Force Review:
There's an extensive use of force mandatory review process. The following words
define Perfect by Policy Use of Force: "Justifiably Reasonable".
After an R2R (Response to Resistance) review:
Sgt. Reported - Justifiably Reasonable".
Lieutenant - documented in "Use of Force Review FORM". near exact number of
punches, and other violations like taser use on passive resistance, yet still concluded
it: "Justifiably Reasonable".
Commander
:
was Sector Commander. His review stated he was going
to staff it with ASsistant Chief
After helping
cover this up,
promoted
to Assistant
Chief?!?
"Justifiably Reasonable".
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approved the force!!
**
AND ** did not allow full case
(video of excessive force was never reviewed by the additional transparency catch,
Force Review Board and videos to be presented to the Force Review Board after
level 2 R2R (response to resistance) sane as (Use of Force)
States: "Justifiably Reasonable".
Important: The assistant
covered it up prevented Force Review
Board from seeing it for
wanted job bad and covered up several major violations he felt would
embarrass him and prevent him from getting full time
job.
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
After this corruption, then
picked up his $180,000 bonus retirement check
and left to now be chief of another city at least until this goes out.
Key Elements and Important Notes:
1. Reporting & Arresting Officers Police Report is full of lies. 100% falsified
Probable Cause for initial traffic stop, and never told black female why she
was under arrest. All lies made crystal clear when watching entirety of
officers video.
Commander
was responsible for completing the Secondary
Commander Review last check & balance.
He was found by
(his boss) and Manley to have NOT done his job. zero
reviews of use of force for two (2) years he was behind?!? Another link of
corruption and failure to review a use of force. He's also a trusted member of the
most important step skipped in this case, Force Review Board. They were only
slowed to review the reports, never to see watch this horrible excessive force video.
Additional Corruption related to Police Use of Force:
Assistant Chief then Commander over Downtown Area command 6th street
officers and thousands of officers use of force completely neglected same period
within last two years use of force case review two year neglect, yet still promoted
to assistant chief?!
Assistant Chief
was a Commander prior to assistant Chief
selection, caught giving her top secret digital passwords to lower level subordinate,
telling him (in email provable) Lt.
to sign all use of force case
transparency reviews for properness etc.. HER job as a commander to ensure lower
UOF reviews were properly implemented and "justified". Thousands of officer
force videos she never reviewed her subordinate signed all as approved force
approved by her!!
Note: She WAS caught but Corrupt Chief Manley still promoted her to Assistant
Chief after he covered up her major violation and Never Started an IA
investigation!!
True Reform.. Only chance Austin has:
1. Terminate Manley
2. Remove/demote his hand picked assistant chiefs.
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
3. Remove secret power Chief has to promote officers up from Lieutenant or
commander, make same as lower ranks SO Minorities can't continue to be
skipped, never having a chance to study and make it off merits.
4. NEVER allow future CM to hire the big Austin Chief "from within"
instantly allowed for corruption via his assistant chiefs selections.
The Austin Police Department has some of the best trained officers in America, but
this is negated by corrupt chiefs.
Recommended Administrati Policios Review (to include but not limited to):
200.1 PURPOSE AND SCOPE
This order recognizes that the use of force in response to resistance by law enforcement requires
constant evaluation and that response to resistance is a serious responsibility. The purpose of this
order is to provide officers with guidelines on objectively reasonable response to resistance.
While there is no way to specify the exact amount or type of objectively reasonable force to be
applied in any situation, each officer is expected to use these guidelines to make such decisions
in a professional, impartial, and objectively reasonable manner.
This order is written in terms to apply to sworn officers. In incidents where civilian employees
are authorized to use force, they are subject to the same policies and procedures as officers but
the test of objective reasonableness is judged from the perspective of an objectively reasonable
civilian employee.
Additionally, this order will provide directives and guidelines on the following:
(a) De-escalation princip
(b) Parameters relating to the use of objectively reasonable force.
(c) Reporting requirements.
(d) Providing medical assistance to injured subjects.
208.4 USE OF THE TASER DEVICE
As with any law enforcement equipment, the TASER Device has limitations and restrictions
requiring consideration before its use. The TASER Device should only be used when its operator
can safely approach the subject within the operational range of the TASER Device. Although the
TASER Device is generally effective in controlling most individuals, officers should be alert to
the potential for failure and be prepared with other options.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
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.
CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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900.3.1 HONESTY
Honesty is of the utmost importance on the police profession. Employees are expected to be
truthful at all times in the performance of their duties.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect upon the Department,
employees must conduct themselves at all times in a manner which does not bring reproach,
discredit, or embarrassment to the Department or to the City.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
900.5.1 SUPPORTING FELLOW EMPLOYEES
(a) Employees will not knowingly aid, abet, or assist another Department member in
violating any Department directive of order.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends an A classification for any sworn employee involved in this incident
with the rank of Commander or lower.
1839
DED
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.