February 28, 2022

Notice of complaint related to 2022-0129

Complainant alleges Austin police officers and Austin police detectives targeted the complainant by putting them in handcuffs without an official arrest and wrote false statements in the police report.

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NOTICE OF COMPLAINT March 4, 2022 ICMS #: 2022-0129 On February 28, 2022 the OPO received an online complaint. The complainant alleges: My name is . On / or at approximately Officers came to my home at , on a call from my girlfriend or the neighbor. These officers came, drew guns on me while I was just sitting in my truck resting in my own driveway. They made me get out, get on my knees and they placed me in handcuffs and then in the back of the police car. I had no idea what was going on at the time. They attempted to search my truck which I objected to. Then they went into my home to talk to my girlfriend . I'm guessing they talked to her for 10-15 minutes or so before coming back, letting me out of the police car, taking the handcuffs off, giving me back my keys and wallet, and telling me that I was not under arrest, but then keeping me detained in the back of the police car for another 20 minutes or so!! Finally, one of the officers came and asked me if I would talk to the detective and I said yes because I thought the detective was there at my house, and she was, but this is not who they meant. Instead, the officer drove me approximately 15 minutes from my house to , escorted me into the building and into a room that appeared to be a locked interview room with cameras and padding all over the walls. I sit there for a while waiting and then tried to open the door but was locked in! Not sure how long it was but a male detective (Believe his name is finally opened the door and the first thing I told him was that I had been up since or so as is my daily routine, that I was exhausted and confused as to what was going on and that I wanted to go home or else that I needed an attorney. I reiterated this several times for what seemed like the next two hours or so, but this detective would not listen to me, and he continued to question and bagger me until I just could not take it any longer at which time, I refused to answer more questions. This detective left and came back with some type of test trying to get my DNA. I refused and at this point I begin to go into a panic attic, my stomach went completely empty, I got dizzy, I was shaking uncontrollably, and my chest was hurting so badly that I dropped to the floor and requested EMS. Notwithstanding my medical emergency situation, this detective and two police officers ignored me, picked me up and started to make threats to charge me with other crimes and force me to pull off my pants and swab my penis if I did not cooperate!! Because I was having a panic attack and was being threatened with physical violence and charges, I had to cooperate but did state very clearly that I was doing so against my will. By this time Detective NOTICE OF COMPLAINT showed up and give the order to arrest me. So, after being seen by the medics I was taken to jail and booked in on the false charge of attempted sexual assault and also on a warrant from a charge over 20 years old for reckless driving. The following morning, on , Detective came to see me with a warrant to collect my DNA at which time she attempted to interview me again. She informed me that she was the new, lead detective, acted as if she did not know anything from the interview the night before, and also acted as if she just wanted to know my side of the story and know the truth. Fortunately, the jailer the jailer was not able to get the interview room open and I did not have to talk to at this time. I made my bond on and shortly thereafter I was able to obtain a copy of the Affidavit for Warrant of Arrest and Detention. Upon reading this document I immediately realized that Detective filed a false police report in order to charge me with a crime of attempted sexual assault and arrest me. Because is my neighbor and we have been friends since she moved in months ago, I called her and had an 11-minute conversation with her about the statements that my girlfriend and Detective made in the report, i.e., "The victim knew the neighbor, had heard sexually assault the victim before as this was a frequent occurrence." I had this call on speaker so others with me could hear that I was very respectful and just wanted to know if had said this because from previous conversations with she had stated that she could never hear me playing my loud music, the same as what I told her, that I could never hear her when her and her friends were partying. In response to my question, she adamantly denied ever telling my girlfriend or the detective or anyone else anything like what Detective wrote in the report in order to secure the warrant from the Judge. even texted me later and denied making any such statements. Other false statements in this Affidavit for Warrant of Arrest and Detention are that: 1. I am ex and we have been living together for several years but are no longer dating, 2. That and I have our own bedrooms, 3. That the last time and I had consensual sex was summer of 4. That I ripped pants, broke iPad, and poured beer on 5. That I did not stop when told me she did not want to have sex, and 6. That I was uncooperative with the police. DETECTIVE WROTE ALL OF THIS IN THIS REPORT BEFORE CONDUCTING ANY REAL INVESTIGATION INTO ANY OF THESE STATEMENTS AND SHE DID THIS MALICIOUSKLY IN ORDER TO SECURE AN ARREST WARRANT FROM THE JUDGE AND OTHER WARRANTS FROM THE JUDGE!! On or , I spoke on the phone and in Correspondence with Detective concerning having an interview with her in order to show her solid evidence that all of her statements in her report are false. She claimed not to be taking sides and to sincerely just want to know my side of the facts, that, if I could prove, she would be willing to speak to the state/prosecutor and have the charge dropped. Because she continued to act as if she did not know anything at all about my interview with the first detective NOTICE OF COMPLAINT on the night of the alleged incident, I confronted her about this respectfully which she reluctantly, finally, admitted to. It should also be noted that I have asked her numerous times in person, over the phone and in writing for the name of the first detective who interviewed me, but she does not want to release the name to me. I believe this is so because they all know they violated my federally and state protected rights as well treated me very badly that night without having any real solid evidence for doing so. On , at Detective called me, and we had a 36-minute conversation concerning this case. During this conversation, notwithstanding her claim that she just wanted to find the truth and hear my side of the story, Detective was trying to twist my words to make it seem like I was saying something threatening and harassing to witnesses by asking questions to the witnesses (which, for the record, I did not know was/is a witness in the case since had told me on the phone and in text that she did not want to be involved in this), and then Detective stated, "I Speake for and you are not to contact her again." At this point it became obvious to me that the reason she did not want me to speak to any further is because (I believe) not only does she not want anyone knowing the truth that never made the statements Detective wrote in the report, but also, she did not want me finding out about other illegal activities that she may be involved in. On , Detective through her Sargant, made an attempt to have a Judge issue some order that I had violated the Emergency Protective Order because my girlfriend was saying that she felt harassed and/or threatened by my correspondence with her, which was never harassing or threatening, and never told me she felt this way about it. On , the VERY NEXT MORNING, at , my girlfriend INITIATED conversation with me in text and continued talking to me throughout the day until , which lead me to suspect that once again Detective was trying to control this case and keep from being found out that not only was she falsely representing witnesses but may even be coaching these witnesses along!! In addition to reasons above for believing that Detective may in fact be leading witnesses on and coaching them as well attempting to cover up lies and false reports she has made, on , my girlfriend begin texting me a about and I needing to arrange to care for my dogs because she was leaving town for the weekend. I said no because according to the EPO I was not allowed within 200 yards of my own home and both and told that they did not want to get involved. On , I attempted to reach out to my girlfriend concerning the dogs and if she was leaving town, but she would not answer. Being concerned and knowing that I could not go to my home, I asked to please go check just as my girlfriend had requested us to do. When arrived at my home at approximately or so, she approached the front door where she could clearly hear a man talking to (Due to previous, recent problems was not supposed to have anyone in my house) but was not able to make out exactly what was being said. So, knocked on the NOTICE OF COMPLAINT door at which point she could hear the man telling not to answer the door and just to talk through the door, etc. said that was acting very weird and maybe even scared. I instructed to call police and make a report which she did (I think the report number to 311 is ). For the rest of the night, about three or four hours, and this other person harassed and even though they were asked several times to please stop and leave them ( ) alone. While this was all going on, as I was reading these texts, and because I have been with for approximately four years, I knew that was allowing someone else to use her phone and text for her because i Knew and Know that NEVER talks the way this other person was talking. This led me to believe that this was really Detective and the man there was a partner, possibly the same male detective who had interviewed me on the night of the alleged incident. 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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