June 1, 2021

Formal complaint: Insubordination and other policy violations

Complaint alleges that Austin police officers did not appropriately respond to an altercation that occurred. The OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT 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. ICMS #: 2021-0533 June 1, 2021 Complaint: The Office of Police Oversight received an online complaint alleging the following: “On the night of , I was enjoying my birthday dinner with my brother and best friend, when an OBVIOUSLY DRUNK GROUP OF MORONS consisting of a certain woman and man with a dog came into the restaurant and started to harass the bar tender. They had their mangy dog with them and the bar tender asked them to remove it from the bar, THEY BECAME LOUD AND IGNORANT, and VERY COMBATIVE! I said something to them about how they needed to calm down and have some respect, BUT THEY WERE DRUNKARDS AND FOOLS! I asked for my check, I cashed out and THE DRUNKS FOLLWED MY PARTY TO THE PARKING LOT, they threw things at us, they followed us to our car shouting drunk slurs and rants, and they stood behind our car and attempted to prevent us from leaving. I got out of the vehicle and a Hispanic male with the group PUNCHED ME TWICE! I HAD TO WRAP MY ARMS AROUND HIM TO PREVENT HIM FROM ATTACKING ME FURTHER! I NEVER SWUNG AT OR HIT MY ASSAILANT!!!!!!!!!!! HE WAS DRUNK OFF HIS ASS!!!!! The restaurant called the police on the unruly drunks, and the IGNORANT -NO GOOD PIECE OF SHIT- IN NEED OF DEFFUNDING, POLICE, showed up and IMMEDIATELY DID NOT LIKE ME FOR TELLING THEM HOW TO DO THEIR JOBS! APPARENTLY I''M TOO VOCAL ABOUT MY RIGHTS!!!! AND THE ENTIRE COUNTRY KNOWS POLICE DON''T LIKE YOU TO STAND UP FOR YOUR RIGHTS!!!!! They REFUSED …. REFUSED….AND REFUSED to take my brothers, and my best friend''s statement! They REFUSED TO TAKE OUR STATEMENTS! I WAS ASSAULTED …. WITH BODILY INJURY AND THE POLICE ABUSED ME !!!!!! THEY ONLY SPOKE TO THE DRUNK FUCKS THAT ATTACKED US! I SUFFERED MULTIPLE INJURIES AND WAS NOT ALLOWED TO BE TRANSPORTED! The police officer told me: "YOU''LL BE ARRESTED IF YOU DON’T GO HOME!!!" ………. if I didn''t go home! THE POLICE OFFICERS -OFFICERS PLURAL - MADE THE DRUNKS LEAVE IN THEIR CAR!!!!!! THEY MADE THEM GET IN THEIR CAR AND LEAVE!!!!!!! ON THE ROADS!!!!!! AUSTIN PD MADE OBVIOUS DRUNKARDS GET BEHIND THE WHEEL OF A VEHICLE AND DRIVE!!!!!!! AUSTIN PD PUT SO MANY OTHER LIVES AT RISK THAT NIGHT!!! BUT I''M SURE THEY DO IT EVERY NIGHT AND DAY!!!! BUT SOMETHING IS VERY FISHY AND WRONG WITH THE SITUATION…. THE POLICE OBVIOUSLY KNEW MY ASSAILANTS, AND ALLOWED THEM TO GET AWAY WITH ATTACKING ME. THEY MADE A BIASED DECISION THAT VIOLATED MY RIGHTS, THE RIGHTS OF MY NOTICE OF FORMAL COMPLAINT 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. BROTHER AND BEST FRIEND, AND THAT DECISION WAS ILLEGAL AND BASED OFF OF HATE THE POLICE OFFICERS HAD FOR MY ATTITUDE TOWARD THEM FOR NOT DOING THEIR JOBS AND TAKING MY WITNESSES STATEMENTS!!!! I have my witnesses, I am a paralegal in the state of , and I am no fool! I have been harassed, defamed, and MY RIGHTS VIOLATED BY THE AUSTIN POLICE DEPARTMENT! The APD DID NOT WANT TO DO THEIR JOBS BECAUSE THEY DIDN' T LIKE MY ATTITUDE! CROOKED POLICE DON'T LIKE BEING TOLD HOW TO DO THEIR JOBS, OR THAT THEY'RE DOING THEM INCORRECTLY, BUT TOO BAD - MANY MANY MANY MANY OF MY CIVIL AND CONSTITUTIONAL RIGHTS WERE VIOLATED THAT NIGHT - VIOLATED BY THE AUSTIN POLICE DEPARTMENT! I WAS ATTTACKED AND INSTEAD OF TAKING STATEMENTS FROM MY WITNESSES AND THE RESTAURANT'S WITNESSES…. THEY ONLY TOOK THE STATEMENTS OF OUR ASSAILANTS! ONLY THE ASSAILANTS….. OUR ATTACKERS!!!!!! THIS IS TYPICAL OF POLICE, ESPECAILLY CROOKED P.D.S SUCH AS APD….. JUST HIDE THE TRUTH BECAUSE IT'S TOO HARD TO DEAL WITH IT! THEY DIDN'T LIKE MY ATTITUDE SO THEY 'PUNISHED' ME AND THE MEMBERS OF MY PARTY BY FILING FALSE CHARGES AND REPORTS! THEY LIED UNDER OATH AND NOW I AM REPORTING IT! I HAVE SUFFERED EXTREME DURESS AND ANXIETY OVER THIS MATTER, BECAUSE OF MY RIGHTS BEING VIOLATED AND MY LOSS OF ALL TRUST AND RESPECT FOR ANY LAW ENFORCEMENT - I HAVE HAD SLEEPLESS AND UNHEALTHY NIGHTS FOR OVER A YEAR, MENTAL AND PHYSICAL ANXIETY AND STRESS AS WELL AS CHRONIC MIGRANES EVERY ….. EVERY ….. EVERY NIGHT SINCE I WAS ATTACKED IN THAT PARKING LOT!!!! I WILL be pressing charges on the officers involved, as well as, the City of Austin. I will be filing the appropriate petitions for suit as well. I have my own state accounts: EfileTX, and others. I will be using my Westlaw/Prodoc account and the attorneys that I have built report with over the last decade to pursue this suit against APD, the City of Austin, and the Austin Municipal Court. The attorney's that I have worked for and with over the past decade have had SEVERAL officers around the State of Texas relieved of their duties, FOR BEARING FALSE WITNESS and lying under oath, filing false reports, tampering with evidence, etc. This will definitely be the case in this matter APD FAILED TO DO A PROPER INVESTIGATION OF THE INCIDENT, THEY FAILED TO ADEQUATELY TAKE STATEMENTS, THEY FAILED TO CONTAIN THE SCENE FOR EVIDENCE/STATEMENTS TO BE COLLECTED/OBTAINED. THEY FAILED! AND NOW IT'S BEEN OVER A YEAR!!!! OVER A YEAR …. AND NOTICE OF FORMAL COMPLAINT 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. I'M STILL BEING VICTIMIZED BY THE CITY OF AUSTIN AND THEIR CROOKED PD AND COURT SYSTEM! I'M ONLY BEING VICTIMIZED BECAUSE I HAVE BEEN PRESUMED WEEK BY THE CROOKED COURT AND PD, BUT I AM FAR FROM WEEK, AND I AM MORE THAN RIGHT IN THIS MATTER! APD AND THE CROOKED COURT ARE ONLY PURSUING THIS BECAUSE IT'S SO OLD THEY THINK THEY CAN JUST MAKE SOME VERDICT/JUGDMENT UP AND IT BE DONE…. BUT I HAVE MY BURDEN OF PROOF…. AND I KNOW FOR A FACT THAT APD, THE MUNICIPAL COURT AND THE CROOKED CITY ATTORNEY DON'T HAVE ANY PROOF. JUST FALSIFIED STATEMENTS THAT DON'T INCLUDE EVERY PARTY INVOLVED! THEY POLICE DOCTORED THE SCENE/INVESTIGATION/SITUATION TO ACCOMMODATE THEIR PERSONAL BIAS' . THEY DID NOT LIKE MY STAND UP FOR MYSELF ATTITUDE / PERSONALITY. IT WAS AND IS JUST TOO STRONG FOR THEM…. BUT THAT'S WHAT THE TRUTH AND HONESTY DOES TO CROOKS…. THEY LIE AND TURN IT AWAY AND DO THEIR BEST TO TURN IT AROUND ON THE ONE THAT IS TRUE AND RIGHT! THAT'S EXACTLY WHAT APD'S CROOKED OFFICERS DID TO MY PERSON, MY BROTHER AND BEST FRIEND THAT NIGHT! AND NOW WELLLLLLLLLLLL OVER A YEAR LATER I AM STILL BEING VICTIMIZED BY APD AND THE CROOKED COURT. I am sending this complaint to the FBI, office of Police Oversight, the Texas Attorney General, as well as ALL OTHER APPROPRIATE OFFICES. I AM A VICTIM OF AUSTIN PD ! The AUSTIN POLICE DEPARTMENT IS GROSSLY NEGLEGANT ON MANY FRONTS AND WILL BE HELD LIABLE. THERE IS NO ACCOUNTABILTIY IN THE CRAPPY CROOKED APD SYSTEM! THEY ARE NOT ABOVE THE LAW WHICH MOST POLICE SEEM TO THINK THEY ARE……. I WILL BE SURE THAT CNN, MSNBC, NBC, THE NYT, ANTIFA AND BLM WILL BE RECEIVING THIS/HEARING OF IT….. AUSTIN PD NEEDS TO BE DEFUNDED AND RETRAINED! I AM A VICTIM OF THE AUSTIN POLICE DEPARTMENT'S FAILURE TO ACT JUSTLY AND APPROPRIATELY AND LEGALLY!!!!! THE AUSTIN PD ACTED INAPPROPRIATELY AND VIOLATED MY RIGHTS, AS WELL AS THE RIGHTS OF OTHERS IN MY PARTY!! THEY JEOPRODIZED MY SAFETY AND THE SAFETY OF OTHERS ON THE ROAD WITH THEIR IGNORANT UNLAWFUL DECISIONS! NOW I AM RECEIVING THREATS OF WARRANTS IN THE MAIL….. AND THAT IS HARASSMENT AND NOW DEFAMATION. I WAS BRUTALLY ATTACKED AND THE POLICE DIDN'T WANT TO DO THEIR JOB BECAUSE OF MY ATTITUDE……. AN ATTITUDE WHICH I STILL HAVE AND WILL ALWAYS HAVE…. I STAND UP FOR WHAT'S NOTICE OF FORMAL COMPLAINT 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. RIGHT AND MY RIGHTS!!!!!! I DON’T' BACK DOWN AND I WILL NEVER GIVE IN TO CROOKED GOVERNMENTS OR LYING PIGS!!!!!!! I AM RIGHT AND GOD WILL BRING APD DOWN!!!! APD NEEDS A WAKE UP CALL! THIS IS NOW A LAWSUIT AND I WILL DEFINITELY BE MAKING IT VERY, VERY PUBLIC. NO ONE, ESPECAILLY CROOKED PIGS GET TO ABUSE MY RIGHTS AND GET AWAY WITH IT! ALSO, I HAVE VIDEO AND PHOTO OF THE ENTIRE EVENT! I'M SURE THE CROOKED PD DOESN'T HAVE SHIT! I GAURANTEE THEY DIDN'T PULL SURVIELANCE SURVIELANCE FOOTAGE, NO BODY CAM FOOTAGE, NOTHING! THEY FAILED TO DO THEIR JOBS!!!! THEY VICTIMIZED ME!! THE PIGS THAT VIOLATED MY RIGHTS THAT NIGHT LIED…. THEY BORE FALSE WITNESS!!!!!! IT'S ILLEGAL TO BEAR FALSE WITNESS!!!! YET THEY DID!!!! BUT LET IT BE KNOWN… I FILM EVERYTHING, I HAVE VIDEO OF THE POLICE AND THE WAY IT WAS HANDLED….. I RECORD EVERYTHING…. TEXAS STATUTES ALLOW THAT…. AND IT IS OFFICAILLY UPLOADED TO . I HAVE MY BURDEN OF PROOF TO SUE THE SHIT OUT OF APD AND THE MUNICIPAL COURT. IT'S CALLED BURDEN OF PROOF…. AND I HAVE IT…. APD DOESN'T GET TO MAKE FALSE CLAIMS AND REPORTS ABOUT ME JUST TO GET SOME CASH FOR THE CITY. I know that Austin and the Municipal Court haven't made much money in the last year, BUT YOU'RE NOT GOING TO MAKE MONEY OFF OF ME AND FILING FALSE CHARGES AND REPORTS AGAINST/ABOUT ME! ALL OF THE VIDEO AND PHOTO EVIDENCE I HAVE - I HAVE KEPT, BECAUSE IT'S OBVIOUSLY IN MY FAVOR! IT'S SHOWS EVERYTHING IN MY FAVOR! I TOLD THE LYING PIGS TO PULL THE VIDEO FROM THE RESTAURANT, TO WATCH MY VIDEO…. AND HE THREATENED ME WITH JAIL! HE REFUSED TO HEAR MY PROOF/WATCH MY PROOF, OR TAKE MY STATEMENT PROPERLY, OR TAKE THE STATEMENT'S OF THOSE WITH ME! HE TOLD MY PARTY MEMBERS HE DIDN'T NEED THEIR STATEMENTS - THAT "HE HAD ENOUGH"! THE CITY AND POLICE DEPARTMENT WILL BE PAYING ME … PUNITIVE DAMAGES, and I'll be requesting they pay TREBLE… TREBLE DAMAGES IN THE STATE OF TEXAS! There is a reason for the anti-police movement and defunding movement across the nation right now…….. POLICE ARE CROOKED -POLICE ARE LIARS AND HAVE TAKEN ADVANTAGE OF INNOCENT PEOPLE AND ABUSE INNOCENT PEOPLE AND NOW THE TIME HAS COME FOR IT TO COME INTO THE PUBLIC'S EYE AND FOR THE POLICE TO GET THEIRS! DEFUND! DEFUND! RETRAIN! HOLD ACCOUNTABLE! How pathetic that 'police' such as APD have caused this sentiment NOTICE OF FORMAL COMPLAINT 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. across the country and world! THE CROOKEDNESS OF THE POLICE HAS FINALLY CAUGHT UP TO THEM! EVERYONE KNOWS HOW CROOKED THE POLICE REALLY ARE! And I NEVER thought that I would feel like that and agree that the police need to be defunded….. BUT THEY DO! THEY NEED TO BE HELD ACCOUNTABLE! THE ONLY THING THEY'RE GOOD AT IS VICTIMIZING THE INNOCENT AND THEY HAVE INNUMERABLE WAYS OF DOING SO! THE ONLY REMEDY FOR THIS IS TO DISMISS, OR PAY ME AND MY BROTHER DAMAGES… BECAUSE HE IS MENTALLY TRAUMATIZED BY THE ORDEAL AND CANNOT TRUST POLICE AND IS AFRAID OF THEM NOW! THAT IS DEFINITELY A LAWSUIT! WE WILL BE FILING OUR ORIGINAL PETITION FOR SUIT FOR THE NEGLEGENCE AND ILLEGAL ACTIONS OF THE AUSTIN POLICE DEPARTMENT THAT NOT ONLY VIOLATED OUR RIGHTS, BUT PUT OUR LIVES AND THE LIVES OF OTHERS IN JEOPARDY! AUSTIN PD IS TOXIC, FULL OF TOXIC PIGS AND THE COURTS SUPPORT THEM! TOXICITY RUN RAMPID! MY BROTHER IS CURRENTLY (AS I AM TYPING THIS) HAVING AN CONSULATION WITH HIS ATTORNEY TO PURSUE SUIT FOR HIS MENTAL DURESS AND ANXIETY CAUSED, BY THIS ORDEAL AND THE ABSOLUTE NEGLENCE OF THE AUSTIN POLICE DEPARTMENT. THIS IS GOING TO EVERY MEDIA OUTLET AVAILABLE… YES…. EVERY SINGLE ONE. I WILL NOT STAND IDLY BY WHILE MY RIGHTS AND LIBERTIES ARE STOLEN, AND VIOLATED BY A CROOKED LOCAL GOVERNMENT OR IT'S CROOKED PIGS. OFFICIAL COMPLAINTS AND REPORTS HAVE BEEN FILED WITH THE OFFICE OF POLICE MISCONDUCT/OVERSIGHT, THE FBI, THE ATTORNEY GENERAL OF TEXAS, AS WELL AS THE GOVERNOR'S OFFICE. ALL MAJOR MEDIA AND LOCAL MEDIA OUTLETS HAVE RECEIVED THIS INFORMATION, AS WELL AS IT BEING POSTED TO SOCIAL MEDIA SITES ie. . MY RIGHTS AND LIBERTIES HAVE BEEN VIOLATED AND ABUSED AND I WILL NOT AND CANNOT STAND FOR IT! SINCERELY, VICTIM OF THE LYING AND FALSE REPORTING AUSTIN POLICE DEPARTMENT AND AUSTIN MUNICIPAL COURT- - A VICTIM THAT IS PURSUING A LAWSUIT AGAINST APD AND THE CROOKED MUNICIPAL COURT THAT BACKS THEIR LIES AND FALSE REPORTS. #VICTIMIZED-DEFAMED-SLANDERED BY AUSTIN PD AND AUSTIN MUNICIPAL COURT” 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. NOTICE OF FORMAL COMPLAINT 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. 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. 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. 402.2 INCIDENT REPORTING A well-written report can help make a case just as easily as a poorly written report can ruin a case. Employees have the responsibility to write clear, factual, and complete reports. 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.
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