5 de junio de 2020

Quejas formales procesadas el 5 de Junio, 2020: Propósito y alcance--responsabilidad hacia la comunidad y otras violaciones a políticas

Los querellantes alegan que oficiales de la policía de Austin maltrataron a manifestantes pacíficos, usando fuerza excesiva que resultó en heridas (de gas pimienta, gas lacrimógeno, y armas "menos letales" que lanzaron balas de goma y otros proyectiles). OPO recomienda que esta alegación reciba una clasificación A

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P.O. BOX 1088, AUSTIN, TEXAS 78767 WWW.ATXPOLICEOVERSIGHT.ORG EMAIL: POLICEOVERSIGHT@AUSTINTEXAS.GOV PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306 COMPLAINT HOTLINE: 512-972-2676 Office of Police Oversight Formal Complaints: June 1 to June 10, 2020 Between May 29th, 2020 and June 10, 2020, The Office of Police Oversight was contacted 895 times regarding complaints against the Austin Police Department. • 107 by online form • 387 by phone • 401 by email Of these, the Office of Police Oversight is recommending 227 complaints for formal investigation by the Internal Affairs division of the Austin Police Department. The 227 formal complaints are representative of 606 individuals who contacted the Office of Police Oversight to file a complaint. Due to the sheer volume of these complaints, the Office of Police Oversight has compiled complaints by date. • June 1, 2020: 35 • June 2, 2020: 45 • June 3, 2020: 44 • June 4, 2020: 33 • June 5, 2020: 26 • June 8, 2020: 13 • June 9, 2020: 21 • June 10, 2020: 10 Complaints are redacted to remove personal or identifying information. If you have any questions, please email policeoversight@austintexas.gov. 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0866 June 5, 2020 Complaint: The Office of Police Oversight received a complaint from , complainant, stating as follows: “I am incredibly disappointed in the city of Austin’s response to the protests. It is hard to keep up with the growing number of police brutality atrocities being committed over the last several days around the country. But it hits especially hard when it’s a city you hold in esteem. The life of a man ( ) may be irreparably damaged because of your carelessness, a man who was fighting against a system that had likely repressed his parents, his parents parents, and so on. I hope that everyone in your department prays for recovery and for the futures of young men like him, and for God’s forgiveness. Look inward, be the change.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0864 June 5, 2020 Complaint: The Office of Police Oversight received an online complaint from , complainant, stating as follows: 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0860 June 5, 2020 Complaint: The Office of Police Oversight received a complaint from , complainant, stating as follows: “I saw video of . The incident was really inappropriate and the officers in the video need to be ID’d and disciplined and I think that and both need to issue statements about how this is going to be different in the future and how they are going to direct funds away from the police department, away from the weaponization/militarization of the police department and toward other resources for the community--community organizations or other government initiatives that protect and support the community. The officers should be ID’d and disciplined and should lose their jobs.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0858 June 5, 2020 Complaint: The Office of Police Oversight received an anonymous online complaint stating as follows: “I was peacefully protesting the death of . I had my camera in hand, taking photos of the crowd. In my mind, if I was closer to the police officers, then I was safer. I was wrong. The police jumped down from and went to arrest multiple people in the middle, and . I went to take a photo and was pepper sprayed all along my face and right side of my body. Myself nor anyone around me was doing anything to deserve pepper spray. The action was not on our side, the use of pepper spray was just in case someone acted crazy and I truly don’t think anyone was about to act crazy on our side. There was no need for excessive force or the use of pepper spray. In my photo, the drops around the image is pepper spray.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0890 June 5, 2020 Complaint: The Office of Police Oversight received an online anonymous complaint alleging the following: “I was shot excessively by bean bag rounds (more than half a dozen times) by APD officers at the resulting in near paralysis of my entire left arm” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0888 June 5, 2020 Complaint: Mr. , complainant, emailed the Office of Police Oversight stating the following: “The bad apples just outed themselves en-mass and as soon as footage can be correlated to actual names they need to be on a list for termination and prosecution. Incrementalism and policy change will not do. No amount of policy change or oversight is going to make the officers who fired point blank at medics on the ground tending wounded in any way safe to carry a badge or a gun. I hope you are provided with the resources and cooperation neccesary to identify and remove the criminals in blue and the only viable substitute for what looks like a long list of officers and their supervisors to be fired would be to disband the APD as a whole and start from scratch. Their union and the city as a whole should that on the table to know the stakes if the individual and well aimed removal of those who showed themselves on camera unfit to be police officers this weekend is not swift and thorough. Sincerely.,. Someone who'd rather remain inactive in local politics but will be pissed off, donating and organizing if this turns into more platitudes comittees and policy changes without individual and full accountability of clearly and publicly identifiable bad actors in blue.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0887 June 5, 2020 Complaint: Mr. , complainant, emailed the Office of Police Oversight stating the following: “Thank you for removing bean bag rounds from service against protestors. What other actions do you plan to take to ensure APD is prepared for future protest situations, to avoid brutality like that against ? What are the training procedures for protest zones, and how often are officers given shoot/don't shoot training? Also, what training is given for "less lethal" ammunition, since officers are generally not obeying the instructions to shoot rubber bullets at the ground (where they ricochet into targets with less energy) and are instead firing directly at protestors' chests and skulls? The community of Austin deserves to have independent regulation for all firearm discharges, and have officers subject to strict accountability both for bullets and "less lethal" ammunition. Unfortunately, the police department can clearly not be counted on to keep all citizens safe, especially people of color. A safer police department is a more accountable police department, and independent regulation will begin that process. Thank you for your time, and please consider these proposals to ensure the safety of all citizens, especially those exercising their first amendment rights to peaceful protest.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0885 June 5, 2020 Complaint: The Office of Police Oversight received an anonymous online complaint stating the following: “A piece of human , that somehow you refer to as a police officer, shot an unarmed man in the head with a rubber bullet. His offence was standing still in a protest. Your Dept. has since claimed it was a necessary action and I hope you try to find a way to sleep at night being apart of this incompetent, murderous organization.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0884 June 5, 2020 Complaint: Ms. , complainant, emailed the Office of Police Oversight stating the following: “I’m writing to express my deep concerns about APD’s treatment of peaceful protestors. I have seen APD use excessive force and violence against peaceful protestors, such as tear gas and rubber bullets, causing serious bodily harm. A pregnant woman was shot with a non lethal round and miscarried, a young 16 year old boy was also shot with a non lethal round and is still in the hospital suffering unknown brain injury. It is completely unjust, corrupt, and unacceptable for police to be prioritizing public property and steady traffic flow over human lives. I demand that the APD stop using rubber bullets, tear gas, or wooden/plastic batons against citizens. There is no need for violence during these peaceful protests, and the funds used to support the APD’s overt and aggressive response should be relocated. It is time to change our city. We have the right to protest. I love this city, but the actions and aggression shown by the government and APD make me outraged. We can be more. We must rise up together for change. In addition, I demand that we start providing more support towards community efforts and organizations outside of the police forces in order to prevent police brutality and violence in the future. Here are 8 policies that are shown to decrease police violence by 72%. 1. Ban chokeholds and strangleholds 2. Require de-escalation 3. Require warning before shooting 4. Require the exhaust of all alternatives before shooting 5. Require the duty to intervene 6. Ban shooting at moving vehicles 7. Requires the use of the force continuum 8. Require comprehensive reporting” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0882 June 5, 2020 Complaint: The Office of Police Oversight received an anonymous online complaint with the following link: 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0881 June 5, 2020 Complaint: , complainant, emailed the Office of Police Oversight stating the following: “At least 2 young men ( and ) were shot in the head during peaceful protests in Austin, within the past few days. Austin (and the world) is watching. No excuses and no backtracking. Shooting at citizens will NOT be excused. Using deadly force will NOT be excused. Shooting at medics will NOT be excused. Using tear gas will NOT be excused. You MUST bring justice for these men, and for our community. For us all to move forward, you MUST do this ASAP.” 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. NOTICE OF FORMAL COMPLAINT ICMS #: 2020-0880 June 5, 2020 Complaint: Austin 3-1-1 forwarded the following complaint from Ms. , complainant, to the Office of Police Oversight: “The caller is upset and wants the officers who fired rounds at the protests this past weekend. The caller thinks the officers need to be removed from service, placed on desk duty. There are 3 people in hospital and these officers are still out. The caller does not understand why 3 people are in the hospital one with a brain injury and the cops are still active. The caller dose not understand how the pregnant lady got shot in the abdomen when the police were told she was pregnant and they shot her again. The caller feels the police are not listening and are missing the message. The caller does not know how the police do not know who shot these people, but they need to be held accountable. The caller knows someone who was trying to help someone who got shot they ended up being shot.” 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. NOTICE OF FORMAL COMPLAINT to affect some change through the political process and constitutionally protected, ideally non-destructive demonstration.” 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. NOTICE OF FORMAL COMPLAINT Complaint: This notice of formal complaint is a request for Internal Affairs to initiate an investigation in order 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): 105 PURPOSE AND SCOPE – COMMUNITY POLICING The purpose of this general order is to identify the tenets of Community Policing, which serves as the basis for this Department’s mission and guiding principles. Community Policing is beyond a philosophy, it is a practice. The Austin Police Department is committed to Community Policing which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and procedurally just behavior with the community that we serve. The Department’s goal is to have an understanding of the traditions, culture, and history of the neighborhoods in which they serve in order to develop proactive solutions to problems and increase overall trust in policing. Likewise, the Department is required to provide information and training to the community so community members gain an understanding of police practices and procedures, as well as an understanding of the traditions and culture of law enforcement. 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. Nothing in this de-escalation policy requires an officer to place themselves in harm’s way to attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers may need to abandon de-escalation efforts after they have commenced. Understanding that no policy can realistically predict every situation an officer might encounter, the Department recognizes that each officer must be entrusted with well-reasoned discretion in determining the reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to complement, not replace or supersede, other portions of the APD Policy Manual or specific officer training that addresses de-escalation. 200.2.1 ASSESSENT 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. 200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE 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. NOTICE OF FORMAL COMPLAINT Any interpretation of objective reasonableness about the amount of force that reasonably appears to be necessary in a particular situation must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and the amount of time available to evaluate and respond to changing circumstances may influence their decisions. The question is whether the officer's actions are "objectively reasonable" in light of the facts and circumstances confronting him. 206.4 CHEMICAL AGENT GUIDELINES Chemical agents are devices used to minimize the potential for injury to employees, offenders, or other subjects. They should be used only in situations where such force reasonably appears necessary. 206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE Subjects who have been affected by the use of chemical agents should be afforded means of cleansing the affected areas as soon as practicable. Those subjects who complain of further severe effects shall be afforded a medical examination by competent medical personnel. 206.5.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES Officers should generally follow their training instructions regarding minimum deployment distances and target areas. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, however any target area or distance may be considered when it reasonably appears necessary to accomplish immediate incapacitation in order to prevent serious injury or death to officers or others. 300.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code § 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 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. NOTICE OF FORMAL COMPLAINT 301.1 PURPOSE AND SCOPE – RESPONSIBILITY TO THE COMMUNITY 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 are expected to act professionally, treat all persons fairly and equally, and perform all duties impartially, objectively, and equitably without regard to personal feelings, animosities, friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual orientation, gender identity or gender expression or social or ethnic background. 301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS APD constantly works to establish direct contacts with the community we serve. Without grassroots community support, successful enforcement of many laws may be difficult, if not impossible. Community involvement can be an effective means of eliciting public support, can serve to identify problems in the making, and may foster cooperative efforts in resolving community issues. Input from the community can also help ensure that agency general orders accurately reflect the needs of the community. 302.1 PURPOSE AND SCOPE – PUBLIC RECORDING OF OFFICIAL ACTS The Austin Police Department recognizes that members of the general public have a First Amendment right to video record. photograph, and/or audio record APD officers while they are conducting official business or while acting in an official capacity in any public space, unless such recordings interfere with police activity. 326.1 PURPOSE AND SCOPE – NEWS AND MEDIA RELATIONS The purpose of this order is to seek a balance between permitting the free flow of information to the public and the media while protecting both the prosecution's case and the rights of the accused from possible prejudicial publicity. Public information and positive media relations are an integral part of the operation of any public service agency and APD is no exception. Most citizens have little contact with law enforcement and their opinions of the police are often formed by our Department's portrayal in the media. The release of public information and maintenance of good media relations is a crucial element of APD's mission. Employees must maintain a good rapport with the public and the media and deal with them in a courteous manner. The media has a legitimate function in our society and the public trust of the police can be enhanced through media relations. APD is committed to informing the community and members of the news media of events that are handled by, or involve, the Department. Employees will cooperate fully in meeting the relevant information needs of the public and the news media. Every reasonable effort should be 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. NOTICE OF FORMAL COMPLAINT made to obtain requested information, so long as the release of that information conforms to federal and state laws, and follows established Department guidelines. 328.1 PURPOSE AND SCOPE – RACIAL OR BIAS-BASED PROFILING This order provides guidance to department members and establishes appropriate controls to ensure that members of the Austin Police Department do not engage in racial or bias-based profiling or violate any related laws while serving the community. 328.2 POLICY – RACIAL OR BIAS-BASED PROFILING The Department strives to provide law enforcement services to our diverse community while respecting the racial, cultural, or other differences of those we serve. It is the policy and practice of the Department to provide law enforcement services and to enforce the law equally, fairly, and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability, or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race or cultural differences may be legitimately considered by an officer in combination with other legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description is limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation of an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due to offenses committed because of bias or prejudice. 900.1.1 RESPONSIBILITY TO KNOW AND COMPLY The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements, limitations, or prohibitions on employee conduct and activities; employees are required to know and comply with all Department policies, procedures, and written directives. 900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department, employees must conduct themselves at all times in a manner which does not bring reproach, discredit, or embarrassment to the Department or to the City. 900.3.4 PERSONAL CONDUCT (c) While on-duty or on the premises of City facilities, employees will not: 2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do anything that might incite that person to violence. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends that this allegation receive an A classification.
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