Formal complaint: De-escalation of potential force encounters and other policy violations
Complainant alleges that after he reported his car stolen, the police wrongfully targeted him and shot him "with a bean bag in his leg with only a foot between him and the cop," all while he gave no resistance and had no weapons on him. The OPO recommends this complaint receive an A classification.
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CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0283
May 17, 2021
Complaint: Complainant alleges he was arrested on
after he reported his car stolen. When
the cops arrived he became the person of interest and was shot with a bean bag in his leg with only
a foot between him and the cop. He alleges the incident was televised and written about in the
newspaper. He is currently
but wants to file a complaint regarding the incident claiming
to be wrongfully targeted and treated while he gave no resistance or had any weapons on him.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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):
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they should
continue to gather additional relevant information and facts. These assessments, along with
reasonable inferences help to develop an understanding of the totality of the circumstances of the
incident.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the circumstances
to successfully accomplish the legitimate law enforcement purpose in accordance with 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
RUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive an A classification.
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.