April 29, 2025
OPO Recommendation for Case #2025-0222, Officer Nicholas Locken
In response to APD Internal Affairs Division investigation into Officer Nicholas Locken's conduct, the Office of Police Oversight disagrees with the determination that he did not violate APD's General Orders. OPO's review found that the investigation was insufficient and that Officer Locken violated APD's use-of-force guidelines, particularly in not properly assessing the risk of injury or using de-escalation tactics. OPO recommends that the complaint be sustained, and Officer Locken receives a suspension of 1-5 days, with no eligibility for educational based training. OPO requests a written explanation if the recommendation isn't followed.
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P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20P0
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
April 29, 2025
SUBJECT:
2025-0222 Discipline Recommendation
Dear Chief Davis:
On March 18, 2025, the Office of Police Oversight (OPO) received an external citizen complaint,
2025-0222, alleging that Austin Police Department (APD) Officer Nicholas Locken (AP9454) used
excessive force against a citizen during an arrest on March 2, 2025. The OPO also received an
additional 16 complaints regarding the same use-of-force incident.
On March 19, 2025, due to the seriousness of the allegations, and no firsthand witnesses being
identified, the complaint was forwarded to APD's Internal Affairs Division as a Notice of Complaint
without a formal affidavit.
Disposition by APD Chain of Command
On April 2, 2025, OPO was notified that APD's Internal Affairs Division had classified their
investigation as a Class D. The complaint was subsequently administratively closed with a memo
signed by Officer Locken's Chain of Command on April 4, 2025.
OPO disagrees with the administrative closure for the following APD General Order:
200.4.1 Determining the Objective Reasonableness of Force
OPO Disposition Objection:
Upon review I find that the Internal Affairs Division (IAD) did not conduct a sufficiently thorough
investigation to justify the "Administratively Closed" classification and disposition in this case.
While the take-down maneuver employed is an approved Austin Police Department (APD) tactic, it
does not appear that Officer Locken considered the elements outlined in General Order 200.4.1,
Determining the Objective Reasonableness of Force, when initiating the force used.
Specifically, Officer Locken failed to engage in required de-escalation techniques and did not
adequately weight the likelihood of causing injury to an apparently intoxicated subject. As a result, I
find that Officer Locken's use of force constitutes a violation of APD General Order 200.4.1. Due to
the nature of the violation of APD General Orders, I object to the Class D administrative closing.
Considering the totality of the circumstances and in alignment with APD's General Orders
discipline matrix, The Office of Police Oversight recommends the complaint be Sustained and
Officer Locken receive suspension between 1-5 days, with no eligibility for Educational Based
Training (EBT).
1
P.O. BOX 1088, AUSTIN, TEXAS
CITY OF ALUBIA
OFFICE OF
WWW.ATXPOLICEOVERSIGHT
POLICEOVERSIGHT@AUSTINTEXAS
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 | FAX: 512.974
COMPLAINT HOTLINE: 512-972-2
FOUNDED
1839
DISCIPLINE RECOMMENDATION
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
Mccat
Gail McCant
Director
Office of Police Oversight
OUNDED
1839
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20P0
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
April 29, 2025
SUBJECT:
2025-0222 Discipline Recommendation
Dear Chief Davis:
On March 18, 2025, the Office of Police Oversight (OPO) received an external citizen complaint,
2025-0222, alleging that Austin Police Department (APD) Officer Nicholas Locken (AP9454) used
excessive force against a citizen during an arrest on March 2, 2025. The OPO also received an
additional 16 complaints regarding the same use-of-force incident.
On March 19, 2025, due to the seriousness of the allegations, and no firsthand witnesses being
identified, the complaint was forwarded to APD's Internal Affairs Division as a Notice of Complaint
without a formal affidavit.
Disposition by APD Chain of Command
On April 2, 2025, OPO was notified that APD's Internal Affairs Division had classified their
investigation as a Class D. The complaint was subsequently administratively closed with a memo
signed by Officer Locken's Chain of Command on April 4, 2025.
OPO disagrees with the administrative closure for the following APD General Order:
200.4.1 Determining the Objective Reasonableness of Force
OPO Disposition Objection:
Upon review I find that the Internal Affairs Division (IAD) did not conduct a sufficiently thorough
investigation to justify the "Administratively Closed" classification and disposition in this case.
While the take-down maneuver employed is an approved Austin Police Department (APD) tactic, it
does not appear that Officer Locken considered the elements outlined in General Order 200.4.1,
Determining the Objective Reasonableness of Force, when initiating the force used.
Specifically, Officer Locken failed to engage in required de-escalation techniques and did not
adequately weight the likelihood of causing injury to an apparently intoxicated subject. As a result, I
find that Officer Locken's use of force constitutes a violation of APD General Order 200.4.1. Due to
the nature of the violation of APD General Orders, I object to the Class D administrative closing.
Considering the totality of the circumstances and in alignment with APD's General Orders
discipline matrix, The Office of Police Oversight recommends the complaint be Sustained and
Officer Locken receive suspension between 1-5 days, with no eligibility for Educational Based
Training (EBT).
1
P.O. BOX 1088, AUSTIN, TEXAS
CITY OF ALUBIA
OFFICE OF
WWW.ATXPOLICEOVERSIGHT
POLICEOVERSIGHT@AUSTINTEXAS
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 | FAX: 512.974
COMPLAINT HOTLINE: 512-972-2
FOUNDED
1839
DISCIPLINE RECOMMENDATION
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
Mccat
Gail McCant
Director
Office of Police Oversight
OUNDED
1839