August 14, 2025
APO Recommendation for Case 2025-0204, Officer Avery Zucchi
In response to the Internal Affairs administratively closing its investigation into Officer Zucchi and finding no policy violations, Austin Police Oversight (APO) objects. Officer Zucchi drove 51 mph over the speed limit during a March 2025 crash that injured several people and killed one. APO finds this conduct violates APD General Orders, which require officers to exercise care during emergency responses. Considering an additional prior similar incident in 2024, APO recommends that Zucchi receive a Written Reprimand. APO also recommends APD revise its policy to clarify maximum speeds for Code 3 driving.
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APO Recommendation for Case 2025-0204, Officer Avery Zucchi323.51 KBPDF Content
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P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
August 14, 2025
SUBJECT:
2025-0204 Discipline Recommendation
Dear Chief Davis:
On March 13, 2025, the Office of Police Oversight (OPO) received an internal Administrative
Investigation, 2025-0204, alleging that Austin Police Department (APD) Police Officer Avery
Zucchi, AP10051, was involved in a crash while driving a marked patrol unit. The crash
injured several occupants of the other vehicles, and one occupant died from injuries received
in the crash.
Disposition by APD Chain of Command
On July 21, 2025, OPO was notified by APD's Internal Affairs Division (IAD), that "the case
involving Officer Avery Zucchi has been "Administratively Closed". This was an administrative
inquiry only with no alleged policy violations."
OPO disagrees with the administrative closure and the conclusion of no policy violation
regarding the following APD General Order:
400.1 Officer Response to Calls, Purpose and Scope
400.2.1 Code 3 (Emergency Operations)
804.2 General Operations of Department Vehicles
OPO Disposition Objection:
Upon reviewing the investigative file, I believe IAD conducted a straightforward and
unbiased investigation that collected and analyzed the pertinent information surrounding
the incident.
NDED
The investigation shows that Officer Zucchi was driving at a speed of 86 mph in a 35 mph
zone two seconds before the accident. After anticipating the collision and applying the
brakes, his speed at the time of impact was determined to be 64.7 mph, which remains an
excessive rate for a city street. Officer Zucchi stated that traffic had increased to the point
where he had to use the horn on top of his vehicle to get cars to yield. While OPO understands
that Officer Zucchi was responding to a disturbance involving a subject armed with a gun on
a "hotshot" call, officers are trained that they cannot assist effectively if they do not arrive
safely.
1
CTTP OF AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
FOUNDED
GEBT
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
I believe Officer Zucchi's driving at 51 mph over the speed limit on a city street was not in
compliance with GO 400.1, which states that "officers should be ever mindful that they have
a responsibility to use caution, good judgment, and due care when operating vehicles in an
emergency capacity to ensure the safety of motorists and pedestrians," GO 400.2.1, which
states, "(a) When operating Code 3, officers may: 1. Exceed the speed limit but must regulate
their speed so as not to endanger life or property," and GO 804.2, which states, "vehicles will
be operated in such a manner and at a rate of speed that the driver, by use of ordinary care,
can avoid colliding with another vehicle, object, or person."
Officer Zucchi received an Oral Reprimand for violating General Order 804.2 due to his
involvement in a collision in October 2024. In that incident, he was also responding to a
hotshot call when he passed a vehicle that had yielded to him, and another vehicle collided
with him as he passed the stopped vehicle. In line with progressive discipline, OPO
recommends that Officer Zucchi be issued a Written Reprimand for violations of GOs 400.1,
400.2, and 804.2.
Additionally, OPO recommends that APD consider revising GOs 400 and 804 to specify the
maximum speed officers may drive when operating Code 3.
In compliance with Section 2-15-5(B) of the City Code, I request that the Chief "provide a
detailed public, written explanation for not following a recommendation of the Office of
Police Oversight".
Sincerely,
Dail
Gail McCant
Director
Office of Police Oversight
FOUNDED
6839
2
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
August 14, 2025
SUBJECT:
2025-0204 Discipline Recommendation
Dear Chief Davis:
On March 13, 2025, the Office of Police Oversight (OPO) received an internal Administrative
Investigation, 2025-0204, alleging that Austin Police Department (APD) Police Officer Avery
Zucchi, AP10051, was involved in a crash while driving a marked patrol unit. The crash
injured several occupants of the other vehicles, and one occupant died from injuries received
in the crash.
Disposition by APD Chain of Command
On July 21, 2025, OPO was notified by APD's Internal Affairs Division (IAD), that "the case
involving Officer Avery Zucchi has been "Administratively Closed". This was an administrative
inquiry only with no alleged policy violations."
OPO disagrees with the administrative closure and the conclusion of no policy violation
regarding the following APD General Order:
400.1 Officer Response to Calls, Purpose and Scope
400.2.1 Code 3 (Emergency Operations)
804.2 General Operations of Department Vehicles
OPO Disposition Objection:
Upon reviewing the investigative file, I believe IAD conducted a straightforward and
unbiased investigation that collected and analyzed the pertinent information surrounding
the incident.
NDED
The investigation shows that Officer Zucchi was driving at a speed of 86 mph in a 35 mph
zone two seconds before the accident. After anticipating the collision and applying the
brakes, his speed at the time of impact was determined to be 64.7 mph, which remains an
excessive rate for a city street. Officer Zucchi stated that traffic had increased to the point
where he had to use the horn on top of his vehicle to get cars to yield. While OPO understands
that Officer Zucchi was responding to a disturbance involving a subject armed with a gun on
a "hotshot" call, officers are trained that they cannot assist effectively if they do not arrive
safely.
1
CTTP OF AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
FOUNDED
GEBT
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
I believe Officer Zucchi's driving at 51 mph over the speed limit on a city street was not in
compliance with GO 400.1, which states that "officers should be ever mindful that they have
a responsibility to use caution, good judgment, and due care when operating vehicles in an
emergency capacity to ensure the safety of motorists and pedestrians," GO 400.2.1, which
states, "(a) When operating Code 3, officers may: 1. Exceed the speed limit but must regulate
their speed so as not to endanger life or property," and GO 804.2, which states, "vehicles will
be operated in such a manner and at a rate of speed that the driver, by use of ordinary care,
can avoid colliding with another vehicle, object, or person."
Officer Zucchi received an Oral Reprimand for violating General Order 804.2 due to his
involvement in a collision in October 2024. In that incident, he was also responding to a
hotshot call when he passed a vehicle that had yielded to him, and another vehicle collided
with him as he passed the stopped vehicle. In line with progressive discipline, OPO
recommends that Officer Zucchi be issued a Written Reprimand for violations of GOs 400.1,
400.2, and 804.2.
Additionally, OPO recommends that APD consider revising GOs 400 and 804 to specify the
maximum speed officers may drive when operating Code 3.
In compliance with Section 2-15-5(B) of the City Code, I request that the Chief "provide a
detailed public, written explanation for not following a recommendation of the Office of
Police Oversight".
Sincerely,
Dail
Gail McCant
Director
Office of Police Oversight
FOUNDED
6839
2