February 8, 2022

Notice of complaint related to 2022-0092

The complainant alleges an Austin police officer did not properly investigate a report about a vehicle collision incident filed by the complainant.

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NOTICE OF COMPLAINT February 11, 2022 ICMS #: 2022-0092 On February 8, 2022 the OPO received an online complaint. The complainant alleges: On the afternoon of I was rear ended by an unlicensed and uninsured driver named . Given lack of documents as well as the fact that my vehicle was damaged to the extent it could not be driven home, I called 911 to have APD officers dispatched to generate a police report, which my insurance company indicated would be required to file an uninsured motorists claim. Officer was the responding officer. After speaking with myself and the other driver, I was shocked when the officer unprofessionally accused me of dishonesty with respect to my representation of the extent of the damage done to my vehicle in the crash, stating that it looked like “old damage” to her, interrogating me as to the location of my bumper, and repeating prior false assertion that my bumper had already been missing when she struck me. I told the officer that I resented the implication that I had been untruthful, and that the bumper was still in the street where I had been struck. The officer declined to investigate and instead said the burden of responsibility to find the bumper to prove my version of events was mine. My wife, who had driven to pick me up, immediately drove back to the scene of the incident to locate the bumper, which she did in short order. When my wife returned with the photographic evidence that the officer had requested we provide, Officer declined to even look at the photos. During this entire encounter, Officer was very cold and curt when speaking to my wife and I, but by contrast was very warm and friendly with . As the victim in this incident, I was extremely troubled and ultimately left the scene concerned about the accuracy of the incident report that Officer would file, and also whether or not would even be cited for providing a false statement to police and/or driving without license and insurance. When I received a copy of the incident report from my insurance today, I was shocked to discover that I was the only party listed and that identity was entirely omitted from the report by Officer Further, there was no information whatsoever included in the report about my having been struck from behind by an unlicensed and uninsured driver, information that Officer was fully aware that I required as documentation for my uninsured motorists claim. The treatment I received at the scene and the subsequent omission of critical information from the incident report clearly constitute professional misconduct on Officer part. To this end, I would like to request a formal investigation to determine Officer motivations for knowingly filing NOTICE OF COMPLAINT an incomplete incident report, as well as whether or not was actually cited or inappropriately let off the hook for making a false statement and/or driving without a license or insurance. I am also requesting that the incident report be corrected to factually represent the parties involved and the fact that I was struck from behind by an unlicensed and uninsured driver. Thank you for bringing transparency to this issue. This notice of 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.

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