Formal complaint: Purpose and scope, Impartial attitude and courtesy, Miranda warning, and other policy violations

DATE OF
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0965
October 4, 2021
Complaint: The complainant alleges: The complainant saw a man,
, being attacked by 2 other men. She ran to stop the fight and saw that the attacker
didn"t have any marks where he said
had hit him.
allegedly had over 20 injuries
including a broken jaw and was bleeding. Complainant was assisting
on the ground
when the police showed up. The complainant allegedly explained that
was in a mental
health crisis and did not want an ambulance. The complainant had offered to take
to the
hospital herself. The police said there had been an assault. Complainant allegedly explained that
she saw the other person and there was no mark. One officer was helpful but the other,
"was just about authority". One officer allegedly pushed the complainant. She alleges
the police wrote a false report. The complainant alleges that there is camera footage that showed
him in mental health or drug crisis. 2 people fought him, he was trying to fight back. She says
they took him to jail because he is Black. He is allegedly being charged with intoxication and
bodily injury. The complainant alleges he did not cause bodily injury.
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):
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
318.5.1 MIRANDA WARNING
(a) Officers will administer the Miranda Warning to a subject during a custodial
interview/ interrogation when questioning begins to focus on the person stopped,
becoming accusatory regarding a specific offense.
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case. Since potential witnesses to an incident may be lost or the integrity of statements
compromised with the passage of time, officers should take reasonable steps to promptly
coordinate the following tasks with on-scene personnel
402.2.4 REPORT WRITING
(b) Employees shall not suppress, conceal or distort the facts of any reported incident, nor
shall any employee make a false report orally or in writing.
900.4.4 DUTY TO IDENTIFY
(c) Employees will provide the name and business telephone number of their immediate
supervisor upon request by any person.
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
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 a B 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.