Formal complaint: De-escalation of potential force encounters and other policy violations

OF
DEAT
AUGUST
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0662
July 14, 2021
Complaint: Complainant alleges he was attacked by APD officers for filming them while they
were having an interaction with one of his friends. Complainant alleges APD officers broke his
phone and five ribs were broken as a result of them kneeing him in the side. Complainant also
alleges APD officers kneed him in the head until he lost consciousness and he does not know how
many tasers were used on him, but it felt like 3 - 4. Complainant alleges he woke up in the back
of a cop car and could not breathe and started throwing up and requested medical aid.
Complainant alleges the officer that took him in was very helpful (named
) and he
took pictures of what the officers did to his back and ribs. Complainant alleges when he went to
, he requested a Texas Marshal to file charges on the officers for what they did to
him. Complainant alleges a really small guy in booking grabbed his wrist and fractured it.
Complainant alleges after
pictures were taken, he requested medical aid and to go
to the hospital because he could not breath but he was denied medical attention and at that point a
group of several officers fractured his left wrist again by twisting it to the point of no return.
Complainant alleges he stayed in
for two days, which was infested with rats.
Complainant is requesting a copy of the video evidence from
and all of officers involved.
Complainant stated the Lawyer he has now is
and when he mentioned that a second
group of guards in
grabbed his wrist and fractured it again twisted then over on
top of his head. Complainant stated he would like to get the video evidence and would like to
know who the sergeants were in
and all the officers that were involved in the APD
incident down off
Complainant stated this is not the first time this has
happened to him not just by APD but with Travis County-this is probably the 3rd or 4th time.
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):
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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.
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.
208.3 TASER DEVICE GUIDELINES - VERBAL WARNINGS
A verbal announcement of the intended use of the TASER Device shall precede its application
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances.
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.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances it may not be possible to capture images of an incident due to conditions or
OF
CITY
RUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only be activated for law enforcement purposes.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
321.4.1 MEDICAL ATTENTION PRIOR TO BOOKING
(a) Officers shall either request EMS or transport a person to an appropriate medical facility when
any of the following criteria are present:
350.4 VEHICLE INVENTORY
(d) All vehicle damage and personal property located during an inventory of a vehicle will be listed
on the APD Wrecker/Impound Report, or documented using BWC by verbally narrating the
observed damage to the vehicle, and inventory of contents, including property description and
location.
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.