Notice of complaint related to 2022-1030

OF
CITY
COMPANY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
November 18, 2022
ICMS #: 2022-1030
On November 14, 2022, the OPO received a phone complaint.
The complainant alleges: He was riding his bike south on
and there were a lot of
people because of the festival. As he approached a corner there was a man in front of him
who looked like a transient and was smoking marijuana. The complainant tried to go
around him, but the person made it difficult for him to pass. The complainant got off his
bike and the man turned and yelled at him and kicked his bike. The complainant fell over.
He stood up and called the man a name. The man then punched him in the head. He began
to reach for his cell phone to call the police when he heard someone yelling. The person
yelling was a motorcycle officer who claimed he saw the whole thing. The complainant
explained what happened and told the officer he wanted to file charges. The officer went
over to talk to the other person. There were witnesses that said the complainant did not do
anything. The officer came over and said he saw the man kick the bike and it seemed like
the complainant pushed him. The complainant told the officer he did not touch the man,
that the man punched him in the head, and that he wanted to file charges because he
assaulted him twice and which is a class misdemeanor. The officer said he was going to
write a report and turn it over to a detective who would contact him and decide if charges
would be filed. The officer gave his name as
but he did not
,
interview any of the witnesses. He questioned if the man would be arrested and the officer
basically made him leave. A couple of days later he got an e-mail from Officer
stating it was a class A misdemeanor which is only a fine. The e-mail also stated that since
he did not have any marks on him, they would not charge it any higher. The complainant
is a lawyer, and he knows the statutory limits. He is 64 and a half years old and touching
him is a felony. He is furious about the incident. He is a citizen; he pays his taxes, and he
is entitled to be protected from being assaulted. He wants to file a complaint and pursue
whatever he can against Officer
and others who are responsible. He spoke to
another officer who was supposed to call him back, but he never did. Nothing was done to
protect him. Case#
OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of 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.