Formal complaint: Purpose and scope and other policy violations

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 #: 2021-1122 November 29, 2021 Complaint: The complainant alleges: This is Atty. and at the request of . I have attached redacted police report and autopsy report for your quick reference. I have also attached the relevant Austin Police Dept General Orders/Police Manual. These orders outline the department''s police procedure and were in effect at the time of death on . My private investigator has assisted the family since . He personally met with Lead Detective, , on . He has reviewed the video surviellance evidence in the case and this consists of roughly 50 hotel surveillance videos in addition all relevant APD BWC/dash camera recording from the following officers/units: Unit number : Dispatched: Officer 1 : Officer 2 : Enroute : At scene: Cleared : Unit number : Dispatched: Officer 1 : Enroute : At scene: Cleared : Unit number : Dispatched: Officer 1 : Officer 2 : Enroute : At scene: 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. Officer 1 : Enroute : At scene: Cleared : Below is a summary of the investigatory flaws that my investigator and O have discovered: 1. The crime scene investigator failed to conduct routine GSR testing on witnesses'' hands/clothing/sheets/furniture. 2. The crime scene investigator failed to conduct DNA testing on witnesses/gun/casings/bullets/clothing. 3. The lead detective/officers called to the scene failed to interrogate the witnesses in a controlled enviroment. 4. The lead detective/crime scene investigator failed to collect valuable evidence (e.g., 's red shirt). 5. The lead detective/officers called to the scene failed to document the responding officer''s initial entry at the crime scene. 6. The lead detective failed to investigate and/or follow up on investigating any of the witnesses'' phone records,text messages, emails, FaceBook, pages, Instagram accounts, etc. 7. The lead detective failed to investigate or ascertain as to whether any of the witness'' were under the influence of either alcohol and drugs at any point during the crimes, despite the fact that both alchohol and drugs were located at the crime scene. 8. Prior to formally closing his investigation, the lead detective practically concluded a primary witness ( was not a suspect and told him he was not facing arrest. What follows is a listing of all the individuals with special knowledge of the circumstances involving death. Their contact information has been provided. 1. is the mother of the deceased, , phone number is and her email address is . 2. . is the father of the deceased, phone numbers are and . email address is . address is 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. 4. is a friend of and It is believed that may have admitted wrong doing to Upon information and belief, police never interviewed phone number is . 5. is the lead detective in the criminal investigation. contact information is and The below hyperlink will direct you to an Austin American Statesman article involving Detective : 6. is immediate supervisor. informed me that following my review of the open records discovery he would be amenable to scheduling a meeting to further discuss my findings and conclusions. That meeting was never scheduled; however, did express an interest in obliging my request. ' number is and his email address is . Due to relentless, his efforts to have his son's police investigation reopened has generated some local press coverage. The below hyperlinks will direct you to media coverage relating to death and the family's pleas for reinvestigation: A press conference was held at the APD Headquarters. Houston civil rights activist, , spoke on the family's behalf and what follows is a hyperlink that will directs you to the press conference as well as the accompanying press release: PRESS CONFERENCE VIDEO AND PRESS RELEASE 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. NEWS CONFERENCE ALERT JUSTICE FOR FAMILY STILL SEEKING ANSWERS FROM AUSTIN POLICE DEPARTMENT Parents and supporters want case reopened under an independent investigation ., a 19-year-old full of life and headed to college, died under suspicious circumstances this summer during a party at an Austin motel. Austin Police Department officials say that a group of young people were playing Russian roulette when died by suicide around on . That explanation doesn’t square with hotel security video, witness statements and other information. The family and a groundswell of supporters believe death was the result of foul play, followed by a botched investigation and, potentially, a cover up. Activist will join parents, relatives and supporters for a # news conference at outside . “He was the only African American at the gathering of 20 to 30 people and the only one who ended up dead,” said. “This is especially disturbing during a year of international uprisings in support of Black lives and in protest of police misconduct. A federal investigation is in order.” a star high school football player who excelled in multiple sports at was scheduled to begin college at this fall. His parents and loved ones, who now want an independent investigation, are pressing APD and other authorities to address inconsistencies. Specifically: · Why aren’t individuals who were present considered suspects in a homicide investigation? · Why were there no interrogations of witnesses in a controlled environment? · Why wasn’t gunshot residue testing conducted on the hands of witnesses as well as clothing, sheets and furniture among other items? · Why wasn’t DNA testing conducted on witnesses, firearm(s), bullets, casings and clothing among other items? 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. · Why was there no collection of evidence, specifically a red shirt from a witness named · Why was there no documentation of responding officers’ first entry on the crime scene? · Why was there no investigation of witness phone records, text messages or social media? · Why weren’t witnesses on the scene tested for drugs and alcohol? I am asking you, on behalf, to assist him in reopening the investigation into his son's death. 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. 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 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. to understand and respect cultural, national, racial, religious, physical, mental, and other differences. 401.7 REPORTING RESPONSIBILITIES (b) When Investigative or Specialized Unit personnel (e.g., crime scene technician, crash investigator) respond to the scene and conduct the preliminary investigation, unit personnel shall be responsible for the completion of the initial report. All other responding officers will be responsible for completing supplemental reports as outlined in General Order 402 (Incident Reporting and Documentation) 403.1 PURPOSE AND SCOPE Criminal investigations are a complex, multi-step process that require employees to be aware of, operate within and comply with federal, state, and local regulations so as not to prejudice the case or jeopardize the prosecution of the defendant. It is the policy of the Department to comply with the highest standards of legal and professional conduct when performing a criminal investigation. This order provides guidelines to ensure that criminal investigations are conducted under legal authorization using extraordinary safeguards to protect innocent persons from unauthorized invasions of privacy. 403.2 FOLLOW-UP INVESTIGATIONS Follow-up investigations may include, but are not limited to: 403.3 CASE ASSIGNMENT AND RESPONSIBILITY Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned to the case. Report routing to an Investigative Unit is an automated process that is controlled by the title code(s) used. Unit ownership of a title code is programmed into the current reporting system and updated as needed. (c) When assigned to a case for follow-up investigation, investigators shall proceed with due diligence in evaluating and preparing the case for appropriate clearance or presentation to court personnel for the filing of criminal charges. 403.4 STATEMENTS AND CONFESSIONS The purpose or objective of a statement or confession is to take lawful and accurate statements that corroborate the elements and details of an incident. In doing so, investigators and supervisors will be cognizant of such factors as the mental and intellectual abilities of the subject 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. being interviewed and the duration of the interview itself. Written and oral statements or confessions should not be utilized as the sole basis for the filing of charges; any statement or confession should be corroborated by other legally obtained evidence or verified in an appropriate manner. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO declines to make a classification recommendation.