January 30, 2026
APO Recommendation for Case #2025-2475, Officer Andy Garcia
In response to the internal investigation in the case of Officer Andy Garcia, Austin Police Oversight (APO) agrees with the findings that he violated multiple policies regarding impact weapon guidelines, use-of-force level reporting, and report writing. APO recommends Officer Garcia be suspended indefinitely and requests a public written explanation if the recommendation is not followed.
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APO Recommendation for Case #2025-2475, Officer Andy Garcia294.91 KBPDF Content
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JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
Police Oversight
DISCIPLINE RECOMMENDATION
To:
Chief Lisa Davis, Austin Police Department
From:
Director Gail McCant, Austin Police Oversight
Date:
January 30, 2026
Subject:
2025-2475 Discipline Recommendation
Dear Chief Davis:
On October 7, 2025, Commander Michael Burgeson forwarded an internal complaint memorandum
to IAD requesting that the Austin Police Department (APD) investigate Police Officer Andy Garcia,
AP10339, for his use of force while responding to a call for service.
Disposition by APD Chain of Command
On January 9, 2026, APO was notified that Officer Garcia's chain of command had scheduled a
Discipline Review Hearing (DRH) with him on February 6, 2026. The Notice of Sustained Allegation
(NOSA) indicated that Officer Garcia's chain of command recommended a finding of "Sustained" for
the policy violations listed below related to the complaint investigation. The chain of command's
disciplinary recommendation is "up to or including Indefinite Suspension".
206.3 Baton and Impact Weapon Guidelines
211.4.1 Employee Reporting Guidelines for All Force Level Incidents
402.2.4 Report Writing
900.4.3 Neglect of Duty
APO Discipline Recommendation: Sustain and Indefinite Suspension
Upon reviewing the investigative file, I believe IAD conducted a straightforward and unbiased
investigation that collected and analyzed pertinent information related to the incident.
Officer Garcia responded to a call for service, observed a possibly intoxicated driver, and began
conducting a Driving While Intoxicated (DWI) investigation. During the investigation, another
responding officer called for assistance with a combative subject over the radio. Officer Garcia
responded to the call for assistance, leaving the suspected intoxicated driver unattended; as a
result, the subject fled the scene.
During his IAD interview, Officer Garcia admitted to violating APD General Orders 900.4.3 Neglect of
Duty, but minimized his responsibility for failing to complete the DWI investigation. Officer Garcia
articulated the probable cause he observed to initiate the DWI investigation and stated that there
was no way to secure the subject prior to assisting the other officer.
1
P.O. BOX 1088, AUSTIN, TEXAS 78767
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
Police Oversight
DISCIPLINE RECOMMENDATION
Officer Garcia's actions endangered the suspected intoxicated individual and the surrounding public
by failing to secure the individual and allowing him to flee the scene in his motor vehicle.
When responding to assist another officer, Officer Garcia observed the officer and the combative
subject on the ground. The officer appeared to be in control, and Officer Garcia and another
responding officer assisted in placing the subject on his stomach to secure his hands behind his
back. Officer Garcia was observed placing his knee on the subject's head. The subject was heard
stating, "I'm deaf," and Officer Garcia gave the command for the subject to place his hand behind
his back. Officer Garcia was then observed lining up his flashlight on the subject's spine and
delivering a strike with the head of his flashlight to the subject's back. The strike landed off-center
from the subject's spine, and the subject was secured in handcuffs.
During the IAD interview, Officer Garcia stated that he did not intentionally aim at the spine and
offered inconsistent explanations regarding where he intended to strike the subject. When
presented with a photograph of the subject's injury from the strike, Officer Garcia denied that the
mark resulted from his strike. The injury appears consistent in shape with a flashlight. Again, Officer
Garcia failed to take responsibility for his actions or acknowledge that his actions violated General
Orders.
I believe Officer Garcia's conduct during this incident is unbecoming of an APD officer and does not
reflect the expectations of an officer serving this community. I concur with the findings of
"Sustained" for each of the policies listed in the NOSA and recommend that Officer Garcia be given
an Indefinite Suspension.
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
Mccal
Gail McCant
Director
Austin Police Oversight
2
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
Police Oversight
DISCIPLINE RECOMMENDATION
To:
Chief Lisa Davis, Austin Police Department
From:
Director Gail McCant, Austin Police Oversight
Date:
January 30, 2026
Subject:
2025-2475 Discipline Recommendation
Dear Chief Davis:
On October 7, 2025, Commander Michael Burgeson forwarded an internal complaint memorandum
to IAD requesting that the Austin Police Department (APD) investigate Police Officer Andy Garcia,
AP10339, for his use of force while responding to a call for service.
Disposition by APD Chain of Command
On January 9, 2026, APO was notified that Officer Garcia's chain of command had scheduled a
Discipline Review Hearing (DRH) with him on February 6, 2026. The Notice of Sustained Allegation
(NOSA) indicated that Officer Garcia's chain of command recommended a finding of "Sustained" for
the policy violations listed below related to the complaint investigation. The chain of command's
disciplinary recommendation is "up to or including Indefinite Suspension".
206.3 Baton and Impact Weapon Guidelines
211.4.1 Employee Reporting Guidelines for All Force Level Incidents
402.2.4 Report Writing
900.4.3 Neglect of Duty
APO Discipline Recommendation: Sustain and Indefinite Suspension
Upon reviewing the investigative file, I believe IAD conducted a straightforward and unbiased
investigation that collected and analyzed pertinent information related to the incident.
Officer Garcia responded to a call for service, observed a possibly intoxicated driver, and began
conducting a Driving While Intoxicated (DWI) investigation. During the investigation, another
responding officer called for assistance with a combative subject over the radio. Officer Garcia
responded to the call for assistance, leaving the suspected intoxicated driver unattended; as a
result, the subject fled the scene.
During his IAD interview, Officer Garcia admitted to violating APD General Orders 900.4.3 Neglect of
Duty, but minimized his responsibility for failing to complete the DWI investigation. Officer Garcia
articulated the probable cause he observed to initiate the DWI investigation and stated that there
was no way to secure the subject prior to assisting the other officer.
1
P.O. BOX 1088, AUSTIN, TEXAS 78767
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
Police Oversight
DISCIPLINE RECOMMENDATION
Officer Garcia's actions endangered the suspected intoxicated individual and the surrounding public
by failing to secure the individual and allowing him to flee the scene in his motor vehicle.
When responding to assist another officer, Officer Garcia observed the officer and the combative
subject on the ground. The officer appeared to be in control, and Officer Garcia and another
responding officer assisted in placing the subject on his stomach to secure his hands behind his
back. Officer Garcia was observed placing his knee on the subject's head. The subject was heard
stating, "I'm deaf," and Officer Garcia gave the command for the subject to place his hand behind
his back. Officer Garcia was then observed lining up his flashlight on the subject's spine and
delivering a strike with the head of his flashlight to the subject's back. The strike landed off-center
from the subject's spine, and the subject was secured in handcuffs.
During the IAD interview, Officer Garcia stated that he did not intentionally aim at the spine and
offered inconsistent explanations regarding where he intended to strike the subject. When
presented with a photograph of the subject's injury from the strike, Officer Garcia denied that the
mark resulted from his strike. The injury appears consistent in shape with a flashlight. Again, Officer
Garcia failed to take responsibility for his actions or acknowledge that his actions violated General
Orders.
I believe Officer Garcia's conduct during this incident is unbecoming of an APD officer and does not
reflect the expectations of an officer serving this community. I concur with the findings of
"Sustained" for each of the policies listed in the NOSA and recommend that Officer Garcia be given
an Indefinite Suspension.
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
Mccal
Gail McCant
Director
Austin Police Oversight
2