November 18, 2025
OPO Recommendation for Case #2024-1258, Officer Joseph Spees
In response to the internal investigation into Officer Joseph Spees, Austin Police Oversight (APO) concurs that he violated multiple policies in a December 2024 incident with an intoxicated subject. APO also notes another prior incident involving an intoxicated subject where Officer Spees was found to have violated Austin Police Department policy. APO recommends Officer Spees be suspended indefinitely.
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OPO Recommendation for Case #2024-1258, Officer Joseph Spees348.19 KBPDF Content
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JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
Police Oversight
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police
FROM:
Director Gail McCant, Austin Police Oversight
DATE:
November 18, 2025
SUBJECT:
2024-1258 Discipline Recommendation
Dear Chief Davis:
On December 12, 2024, Commander Mark Clemens forwarded an internal memorandum
to IAD requesting that Austin Police Department (APD) Police Officer Joseph Spees,
AP7796, be investigated for his actions during a response to resistance while responding to
a disturbance. On February 7, 2025, Assistant Chief Chancellor submitted another request
for investigation, citing, "While at the scene of the incident, Officer Spees was involved in a
response to resistance with a female subject involved in the disturbance. The actions taken
by Officer Spees during the response to resistance and immediately after may have
violated APD policy. Officer Spees also wrote a report to document the response to
resistance. The information in the report may have inconsistencies with video evidence of
the incident."
Disposition by APD Chain of Command
On November 14, 2025, APO was notified that Officer Spees chain of command had
scheduled a Discipline Review Hearing (DRH) with him for December 3, 2025. The Notice
of Sustained Allegation (NOSA) indicated that Officer Spees 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."
200.2 De-escalation
200.4 Response to Resistance
402.2.4 Report Writing
900.3.1 Honesty
900.3.2 Acts Bringing Discredit to the Department
OPO Discipline Recommendation: Indefinite Suspension
Upon reviewing the investigative file, I believe IAD conducted a straightforward, unbiased
investigation that collected and analyzed the pertinent information surrounding the
incident. The investigation into Officer Spees actions confirms that he was involved in a
response to resistance with a subject who was in his custody and restrained in handcuffs.
1
P.O. BOX 1088, AUSTIN, TEXAS 78767
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
Police Oversight
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
During the encounter with the arrestee, Officer Spees is observed via Body-Worn Camera
(BWC) footage and security video from the business performing a takedown on the subject,
who was intoxicated and restrained at the time. The use of force resulted in the subject's
head hitting the ground, causing a brain bleed.
During the IAD interview, Officer Spees failed to take responsibility for his actions. He
provided inconsistent accounts of the use of force and attempted to place blame for the
takedown on the actions of the subject in custody. Officer Spees initially denied that a
takedown had occurred, while simultaneously attempting to justify actions that would
have warranted one. I believe his use of force during this incident was unnecessary and
excessive.
It should also be noted that in May 2024, Officer Spees was involved in a separate incident
involving the arrest of an intoxicated subject. At the conclusion of that IAD investigation, he
was found to have violated APD Policy 309, Handling Publicly Intoxicated Persons. He
received an Oral Reprimand as the outcome of that incident.
Officer Spees integrity has been compromised because of this incident and the
subsequent IAD investigation. His statements to IAD were inconsistent and contradicted
the information in his initial report. Additionally, the details documented in that report were
inconsistent with the footage captured on his BWC. I believe Officer Spees has fallen
below the standard of conduct expected of an APD officer. I recommend a finding of
Sustained on each of the policies listed in the NOSA and that Officer Spees 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,
Gail Dail Macal McCant
Director
Austin Police Oversight
2
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
Police Oversight
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police
FROM:
Director Gail McCant, Austin Police Oversight
DATE:
November 18, 2025
SUBJECT:
2024-1258 Discipline Recommendation
Dear Chief Davis:
On December 12, 2024, Commander Mark Clemens forwarded an internal memorandum
to IAD requesting that Austin Police Department (APD) Police Officer Joseph Spees,
AP7796, be investigated for his actions during a response to resistance while responding to
a disturbance. On February 7, 2025, Assistant Chief Chancellor submitted another request
for investigation, citing, "While at the scene of the incident, Officer Spees was involved in a
response to resistance with a female subject involved in the disturbance. The actions taken
by Officer Spees during the response to resistance and immediately after may have
violated APD policy. Officer Spees also wrote a report to document the response to
resistance. The information in the report may have inconsistencies with video evidence of
the incident."
Disposition by APD Chain of Command
On November 14, 2025, APO was notified that Officer Spees chain of command had
scheduled a Discipline Review Hearing (DRH) with him for December 3, 2025. The Notice
of Sustained Allegation (NOSA) indicated that Officer Spees 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."
200.2 De-escalation
200.4 Response to Resistance
402.2.4 Report Writing
900.3.1 Honesty
900.3.2 Acts Bringing Discredit to the Department
OPO Discipline Recommendation: Indefinite Suspension
Upon reviewing the investigative file, I believe IAD conducted a straightforward, unbiased
investigation that collected and analyzed the pertinent information surrounding the
incident. The investigation into Officer Spees actions confirms that he was involved in a
response to resistance with a subject who was in his custody and restrained in handcuffs.
1
P.O. BOX 1088, AUSTIN, TEXAS 78767
JA
Austin
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 I TTY: 711 I FAX: 512.974.6306
Police Oversight
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
During the encounter with the arrestee, Officer Spees is observed via Body-Worn Camera
(BWC) footage and security video from the business performing a takedown on the subject,
who was intoxicated and restrained at the time. The use of force resulted in the subject's
head hitting the ground, causing a brain bleed.
During the IAD interview, Officer Spees failed to take responsibility for his actions. He
provided inconsistent accounts of the use of force and attempted to place blame for the
takedown on the actions of the subject in custody. Officer Spees initially denied that a
takedown had occurred, while simultaneously attempting to justify actions that would
have warranted one. I believe his use of force during this incident was unnecessary and
excessive.
It should also be noted that in May 2024, Officer Spees was involved in a separate incident
involving the arrest of an intoxicated subject. At the conclusion of that IAD investigation, he
was found to have violated APD Policy 309, Handling Publicly Intoxicated Persons. He
received an Oral Reprimand as the outcome of that incident.
Officer Spees integrity has been compromised because of this incident and the
subsequent IAD investigation. His statements to IAD were inconsistent and contradicted
the information in his initial report. Additionally, the details documented in that report were
inconsistent with the footage captured on his BWC. I believe Officer Spees has fallen
below the standard of conduct expected of an APD officer. I recommend a finding of
Sustained on each of the policies listed in the NOSA and that Officer Spees 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,
Gail Dail Macal McCant
Director
Austin Police Oversight
2