2009 - "Austin American Statesman" Articles

12-31-09: APD: Officers obeyed protocol in fatal shooting
12-23-09: Austin police officers report more use of force in 2008
12-21-09: APD says it has complied with federal recommendations|
12-20-09: Operation Blue Santa brings Christmas to needy familes
12-19-09: Vincent: Austin police chief does not wield absolute power
12-19-09: Position sought for bypassed officer
11-11-09: Police memorials honor fallen Austin police officers
11-06-09: Austin detective fired over bias in shooting inquiry
11-06-09: Officer involved in shooting suspended 15 days
11-04-09: Officer suspended for violating rules in Sanders shooting
09-30-09: Disciplinary review policy works
09-11-09: Officer gives account of actions leading up to fatal shooting
09-07-09: Internal shooting inquiry stirred dissension, sources say
08-16-09: Police, sheriffs establishing regional intelligence center
08-12-09: Police monitor panel to review shooting next week
08-05-09: Officer not indicted in shooting
08-04-09: All APD officers wearing uniforms in anticipation of decision in Sanders shooting
06-10-09: Austin police offer to give up or defer raises
05-17-09: Acevedo's community relationships have first test
05-14-09: Officer in shooting had '06 suspension reduced
05-13-09: Police chief hopes investigation will be completed in 60 to 90 days
05-12-09: Officer in shooting had strong record, despite 2006 suspension
05-12-09: Man fatally shot by police officer
05-09-09: Austin police creating lineup policies
05-09-09: Acevedo nixes shift rotations for officers - Measure brought outcry from officers, union
04-26-09: Police detectives to investigate around-the-clock
04-16-09: APD specialty units might get tapped for patrols
03-06-09: Who earns what in city pay
03-01-09: McCracken and Leffingwell debate on public access TV
03-01-09: Reinventing the DPS culture
02-17-09: Some Austin police buying suspension insurance
02-11-09: To save costs, Austin police detectives to patrol during some major events
02-11-09: APD to implement cite & release program
01-17-09: Austin freezes hiring, raises - Move doesn't apply to police and firefighters
01-08-09: Speaking on behalf of the Austin police union

2008 AAS ARCHIVES

back to top

AUSTIN AMERICAN STATESMAN

back to top

12-31-09:
APD: Officers obeyed protocol in fatal shooting
But DA's office says 911 tapes will not be released for a while.

By Marty Toohey
AMERICAN-STATESMAN STAFF

Updated: 8:57 p.m. Wednesday, Dec. 30, 2009

When an Austin police officer and Travis County sheriff's deputy fatally shot a man who was threatening them with a gun early Monday, they were following department protocols precisely, police said Wednesday.

But tapes that police said will bear out that analysis will not be available to the public anytime soon. The Travis County district attorney's office said the 911 domestic disturbance calls and audio picked up by an officer's dashboard camera cannot be released because they could interfere with a required investigation into whether the officers acted appropriately.

"We don't want any of that information coming out yet because it might taint the investigation," possibly by influencing the recollections of witnesses the DA's office has yet to interview, or witnesses who may be called to testify before a grand jury, Assistant District Attorney Claire Dawson-Brown said.

The DA's office released some 911 transcripts shortly after Austin police officer Leonardo Quintana fatally shot Nathaniel Sanders II in May . But Dawson-Brown said those tapes contained only ancillary information, while the tapes in the Roger Tyrone James shooting contain "information key to the case."

Although police say protocol was followed, James' family members have said they think the shooting could have been avoided with more patience on the part of police.

Police said that just before 3 a.m., Travis County sheriff's Deputy Theodore Ramsey responded to a domestic disturbance call in South Austin expecting to back up Austin police. But he arrived first and, after ensuring the woman involved was safe outside, waited for the arrival of police, which had jurisdiction in the case, Travis County sheriff's Capt. Art Cardenas said.

Officer Justin Berry arrived several minutes later and knocked on the front door, trying to coax James out, according to police. James emerged with a pistol but then quickly went back inside, police said. Berry continued trying to persuade him to come outside, officials said. Twenty-one seconds later, James came out again and Berry told him to drop the gun, Austin Police Chief Art Acevedo said. When James began to take aim, Berry fired with his pistol and missed, according to initial reports, while Ramsey fired a shotgun blast that struck James in the chest, a wound that killed him, police said.

After James fell to the ground, Berry crouched next to him to comfort him and began performing CPR after James stopped breathing, Acevedo said.

Assistant Police Chief Patti Robinson said Tuesday that in such cases, where a suspect is thought to be armed and refusing to come out, officers call for backup and a supervisor but are responsible for controlling a scene in the meantime. If a suspect still refuses to come out, a supervisor then determines whether to call out a professional negotiator and the SWAT team.

"They called for additional backup and for a supervisor," Robinson said. "But they have to contact a suspect and ask that person to come out."

James re-emerged and was shot before the backup and supervisor arrived, Robinson said.

back to top

12-23-09:
Austin police officers report more use of force in 2008
Increase came after department changed rules for greater documentation.

By Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 12:19 a.m. Wednesday, Dec. 23, 2009

Austin police filed 1,152 reports saying they had used force in 2008, nearly 400 more than in the previous year, an increase that officials attribute to a policy change that requires officers to document more encounters.

The spike was spread across racial groups, although the use of force on African American saw the highest increase at 54.2 percent from 2007 to 2008, according to a report released Tuesday.

Use of force on whites increased 43.9 percent and on Hispanics, 37.9 percent.

However, Austin Police Chief Art Acevedo said the number of force encounters represented only a fraction of the 636,478 interactions officers had with residents last year, including traffic and pedestrian stops.

"I think that bodes well for officer safety and for the safety of suspects we come in contact with," Acevedo said. "It speaks volumes to the professionalism of our members and the quality of the city we live in."

The increases happened during a year in which officers had 52,862 more contacts with the public, the report said.

Police officials said in the report that they made several changes to their use of force policies in 2008 that probably contributed to the increase in force reports.

Previous policy required officers to document incidents when suspects reported "a consistent and repetitive complaint of pain beyond the initial arrest procedure."

However, officials revised the policy in June to require officers to document any complaint of pain or injury, except among suspects who report only minor discomfort from handcuffing.

The change was the result of a recommendation from the U.S. Department of Justice that suggested police report nearly all force incidents.

Police officials also said in the report that they made other reforms to their use of force policies in 2008, including assigning supervisors to investigate more minor force incidents and establishing a force review board to look into incidents that involve serious injury or death.

According to the report, force was used on 305 whites among 19,540 arrests, 255 blacks among 12,006 arrests and 313 Hispanics among 19,843 arrests.

The rate at which officers used force per 1,000 residents was 15.6 for whites, 21.3 for blacks and 15.8 for Hispanics, the report said.

Most of the force incidents happened when a person was being arrested, the report said.

Nearly 40 percent of the encounters occurred in the department's Central Bureau, which includes the Central-East, Northeast and downtown Austin patrol areas. Within that bureau, 16.3 percent of force incidents happened in the downtown area.

Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, said he has heard less in recent years about officers using force on minority suspects.

"I think with Acevedo's administration, he has a much more community-based team, and I think people respect that," Linder said. "Overall, I think there has been some improvement among his officers based on how they communicate and engage."

back to top

12-21-09:
APD says it has complied with federal recommendations

By Tony Plohetski | Monday, December 21, 2009, 12:08 PM

Austin Police Chief Art Acevedo announced Monday that the department has complied with dozens of federal recommendations to improve the agency, including how officials investigate use-of-force incidents.

Among 165 suggestions, department officials will adopt all but four and have already put most of them in place, Acevedo said. The recommendations address areas relating to officer training, internal affairs investigations and community outreach, among others.

“We, by all means, are not a perfect organization,” Acevedo said. “Human beings are imperfect. We all know that, and that is why we have to be vigilant and be accountable to make sure people are doing the right thing.”

The announcement, which followed a 50-page letter Acevedo recently sent federal officials, concludes a years-long federal review of the department. It also came nearly a year after police officials made public the list of federal recommendations.

The federal inquiry was the result of a complaint filed by the Austin NAACP chapter and the Texas Civil Rights Project, triggered, in part, by an American-Statesman series in 2004. Those articles revealed that from 1998 to 2003, police were twice as likely to use force against blacks as against whites and 25 percent more likely to use force against Hispanics than against whites.

The groups added to their complaint in February 2005 after several officers and dispatchers exchanged computer messages that included “burn baby, burn” during a fire at the Midtown Live nightclub, which catered to African-American patrons.

The Justice Department had told the city in a letter informing them of the inquiry that officials would seek “to determine whether APD is systemically violating the Constitution of the United States.”

The department could have faced more serious federal mandates, in which it would have been required to put the recommendations in place or a face a possible federal lawsuit.

Jim Harrington, director of the Texas Civil Rights Project, who attended the news conference, said he was pleased with the outcome of the inquiry. He said cities often have few opportunities when they soundly improve quality of life for residents.

“This is one of those moments,” Harrington said.

back to top

12-21-09:
Operation Blue Santa brings Christmas to needy familes
Volunteers from the Austin Police Department, Austin Fire Department and Texas National Guard among those handing out gifts, food.

By Joshunda Sanders

AMERICAN-STATESMAN STAFF

Updated: 11:37 p.m. Saturday, Dec. 19, 2009

Like tall elves in royal blue jackets, dozens of men and women gathered Saturday morning in South Austin to deliver Christmas gifts with Operation Blue Santa, a nonprofit that has been handing out toys to low-income families since 1972.

After collecting toys for months, volunteers gathered at the Blue Santa headquarters on South Industrial Drive and two other locations to start the one-day delivery.

Members of the Texas National Guard, Austin Police Department and Austin Fire Department and hundreds of other volunteers loaded their cars before they fanned out across the city.

Before 8 a.m., Austin police officer Joe Maciel headed out in his patrol car, with Operation Blue Santa President Benny Aleman beside him. Their first stop was the South Point Village apartment complex, where they delivered a box of toys and a frozen turkey to two families.

Maciel knocked on a door and paused, wondering if the family inside might still be asleep. Lucia Morales came to the door, offering the police a sleepy "Buenos días," then a sweet "Gracias" as they placed a box of presents by her Christmas tree.

A few minutes later, Police Chief Art Acevedo stopped in with another box and wished her and her husband a merry Christmas.

In the same apartment complex, Acevedo walked over to another building and waited for Anjelica Reyes and her two children to come home from an early morning appointment. When Reyes and her children, Josua, 3, and Gabriela, 5, arrived, their faces lit up with appreciation.

"Wow, oh my gosh," Reyes said, "Thank you!"

Inside her apartment, where empty Christmas stockings adorned a wall across from the Christmas tree, it was her youngest son who smiled widely at the presence of the Santas who seemed to have forgotten their traditional suits.

"Did you see that little guy's face?" Acevedo said as he walked back to his car. "That's why we do this."

Aleman said the same thing when he and Maciel delivered another box of toys to a home on Johnny Morris Road. Maria Jaramillo said that if not for Operation Blue Santa, her two children, Estrella Rodriguez, 6, and Victor Manuel Rodriguez, 3, might not have had presents this year.

Joe Muñoz, who leads Operation Blue Santa, said this year volunteers would give toys to about 14,000 children, or about 3,500 families.

Toys are usually donated or purchased by volunteers. Organizers said they had to spend about $20,000 more of the Operation Blue Santa budget than in previous years, or about $34,000, to buy toys this year because of fewer overall donations in a sagging economy.

"We do this because it makes the kids happy," Aleman said.

back to top

12-19-09:
Vincent: Austin police chief does not wield absolute power
Wayne Vincent, Local Contributor

Published: 6:02 p.m. Friday, Dec. 18, 2009

Recently, there has been a rather robust discussion within the community about the promotional system within our police department. On the one side are those who say the chief of police should have the absolute right to pick and choose those who deserve advancement. On the other side of the issue are those who truly understand how a civil service system is designed to prevent absolute power of police administrators from becoming a corrupting influence within the community.

Currently, Chief Art Acevedo has the ability to pick and choose his command staff made up of five assistant chiefs. They can come from any rank and be promoted to that level by the chief at his discretion. Most believe it to be reasonable that the chief have those he deems trustworthy and capable serve as his top leaders.

For the lower ranks, however, there is a highly competitive promotional process. In order to seek promotion, one has to be dedicated for months to study for the written exam and to polish interpersonal skills for the assessment centers. It is not an easy process, and to do well requires serious preparation.

Acevedo claims he wants to change the "entitlement" mentality by denying officers a promotion after they have taken all the tests and been placed on the promotional list. He is right in one aspect. The men and women of the Austin Police Department did feel entitled to a fair process free from character assassination and favoritism. With the three recent promotional bypasses, our officers no longer feel entitled to even that.

Commander Wayne Demoss was purposely humiliated publicly when the chief pulled an old, unfounded (not guilty) internal affairs investigation out of the closet and sent it to the press. A recent ruling by an independent hearing examiner confirmed that there was never any evidence to support that old case, and there was no valid reason to expel Demoss from the process in which he, in good faith, participated.

Interested community observers will soon learn that similar weak and manufactured reasons are behind the other two sergeants who were bypassed off of the lieutenant's list.

The result is that taxpayers will foot the bills for expensive court battles, which most likely will end in the promotion of all three employees Acevedo has unfairly targeted for public criticism.

Make no mistake, the Austin Police Association supports the chief's right to deny a promotion to any candidate who demonstrates an obvious deficiency. None of these cases come close to meeting that standard.

Any municipality is ill-advised to give a police chief absolute power to promote based exclusively on whom he likes, or who is the most loyal to the chief. That is why almost all large city departments have developed processes for promotion below executive positions.

These attempts to circumvent these processes are not healthy for the community or the department.

Vincent is president of the Austin Police Association.

back to top

12-19-09:
Position sought for bypassed officer
Some on council oppose adding rank.

Tony Plohetski
AMERICAN-STATESMAN STAFF
Updated: 11:50 p.m. Friday, Dec. 18, 2009

Austin Police Chief Art Acevedo said Friday that he will ask City Council members to create a high-ranking position in the department for an officer he bypassed for a promotion but who was awarded the job on appeal.

That is one of the options Acevedo could pursue to comply with a ruling this week that he must promote Lt. Wayne Demoss to the rank of commander.

According to state law, Acevedo also could temporarily demote the commander he promoted instead of Demoss - a process that Acevedo said would create a "disadvantage" for that officer.

"He is already in a place where he is in an operational role," said Acevedo, who declined to promote Demoss in June amid prostitution allegations, among other concerns. "This is the only option we want to take."

Officials said the demotion also could trickle through the department, requiring several more officers to temporarily return to their former jobs until new vacancies arise.

Two council members on Friday said that they are unsure they would support the proposal to have 20 commander positions instead of 19.

"I might come to that, but I'm not ready to leap to that," Mayor Lee Leffingwell said.

Council Member Mike Martinez said he will listen to Acevedo's proposal but is likely to support a measure to temporarily demote Cmdr. Patrick Ockletree until the retirement of another commander, which officials said probably would occur in the spring.
"Just because Demoss won his appeal doesn't mean you justify creating another position because your decision was overturned by an arbitrator," Martinez said.

The discussions come the same week that arbitrator Norman Bennett ruled that Demoss is entitled to a position as a commander, the department's highest nonappointed rank.

State law allows police chiefs to bypass officers for promotions but requires them to have a valid reason.

Bennett said in a written ruling that several concerns Acevedo raised were not "adequate to serve as a basis for the bypass."
Acevedo cited prostitution allegations against Demoss during a trip Demoss took to Panama while on vacation a few years ago. In his ruling, Bennett wrote that Demoss' supervisors correctly concluded the prostitution allegations were "unfounded."Acevedo also said he was withholding Demoss' promotion because of his failure to recognize City Manager Marc Ott at an event this year. Demoss was not disciplined in either incident.

Acevedo instead promoted Ockletree, who was next on an eligibility list.

Acevedo has since bypassed two sergeants for promotions, both of whom are appealing.

Police union officials have objected to Acevedo's bypass practice - it has been rare for Austin chiefs to withhold promotions - saying that his actions weren't justified.

"This is a huge mess, and this is one of the reasons bypasses shouldn't be used on a routine basis," said attorney Tom Stribling, who represented Demoss.

According to state civil service experts, Acevedo can only legally demote Ockletree for disciplinary reasons or if he conducts a "force reduction."

For Acevedo to reduce the number of commanders, they said, City Council members must still create another position for Demoss in order to comply with state law.

If they create another position, city officials could then decrease the number of commanders through a force reduction, allowing Acevedo to legally demote Ockletree, they said.

State law would require Ockletree to be placed on a list for reinstatement. He would be eligible for promotion when another commander leaves the department.

"It is an `insufficient number of positions' demotion," said San Antonio attorney and state civil service law expert Lowell Denton, who has been hired by the city to help negotiate police contracts.

However, experts said the City Council could support Acevedo's proposal and permanently raise the number of commanders to allow Ockletree to remain in his job.

Sgt. Wayne Vincent, president of the Austin Police Association, said the discussions demonstrate why Acevedo should use bypasses only sparingly. "This is what you get into when it's not well thought out," he said.

back to top

11-11-09:
Police memorials honor fallen Austin police officers
Granite markers and plaques will be placed across city.

By Isadora Vail
AMERICAN-STATESMAN STAFF
Wednesday, November 11, 2009

A small white cross marks the spot off Onion Creek Parkway where Clinton Hunter, a 22-year-old Austin police officer, was struck and killed by a drunken driver in 2001.

Soon, a new memorial — a 5-foot, 4-inch granite marker — will also honor Hunter, as will memorials for 18 other city police officers killed in the line of duty since 1875. A memorial near Zilker Park honors Austin park police officer William DeWayne Jones, who was killed in 2000.

On Tuesday, Mayor Lee Leffingwell and other city officials joined Austin police and family members of fallen officers to unveil the statues that will be placed across the city at sites near where the officers were killed. All the memorials are expected to be up by February.

Austin is the first city in Texas to have memorials for police officers killed in the line of duty placed in rights of way.

"Unless the death of an officer directly affects you, you just don't realize what they do every single day," Hunter's mother, Velma Hunter-Gonzales, said at Tuesday's event.

Each memorial bears an Austin police shield and lists the officers' name and last date of service, along with information about him or her and how the officer was killed.

Senior officer Jason Huskins said that after learning in the police academy about the 20 officers killed, he wanted something more to honor them. He found Rockdale Memorial Co., which builds memorials for DPS officers. To his surprise, the company said it would donate all of the granite statues and two plaques, which will be placed on buildings on Congress Avenue.

back to top

11-06-09:
Austin detective fired over bias in shooting inquiry
E-mails among evidence cited in finding that favoritism shown toward officer
who killed suspect.
By Tony Plohetski and Isadora Vail
AMERICAN-STATESMAN STAFF
Friday, November 06, 2009

Austin Police Chief Art Acevedo called a former internal affairs detective "damaged goods" and fired him Wednesday for showing bias in favor of senior police officer Leonardo Quintana, who fatally shot Nathaniel Sanders II in May.

In a blistering eight-page disciplinary memo, Acevedo said Detective Chris Dunn repeatedly showed favoritism toward Quintana, citing two e-mails Dunn wrote during the investigation.

"Detective Dunn's actions have undermined public respect and trust for the internal affairs division and department as a whole," Acevedo wrote in the memo. "Detective Dunn has lost all credibility himself as an effective police officer or an investigator."

Acevedo also said that Dunn deliberately did not ask certain questions of officers involved in the case because he thought the answers would prove harmful to Quintana. The information was sought by a departmental attorney.

"I don't think we want to give him ammo," Dunn wrote in a June 24 e-mail to a fellow investigator, according to the disciplinary memo.

Police officials have said Quintana fatally shot Sanders outside the Walnut Creek apartments on Springdale Road after a struggle for a weapon Sanders had at his waist. Acevedo on Wednesday suspended Quintana for 15 days for not activating his patrol car camera but said his use of deadly force was within departmental policy.

Also Thursday, city officials released a copy of an independent investigation into the shooting, which alleged that the internal affairs inquiry was biased.

The report by KeyPoint Government Solutions said those conducting the inquiry had asked questions that attempted "to lead the officers to a particular response that would tend to justify the officer's conduct."

The report also cited an e-mail that Dunn sent to his supervisors and another detective two days after the shooting. In the e-mail, Dunn suggested that investigators should look into the criminal histories of Sanders and two other suspects and possibly blame them for the shooting.

"I am so smart I scare myself," Dunn wrote.

"Detective Dunn was prepared (and apparently proud) to manufacture a causation for the shootings from the background of the individuals in the vehicle," the KeyPoint report said. "The idea that a lead internal affairs investigator would engage in such conduct ... is extremely troubling."

Dunn was later transferred out of internal affairs and became the subject of a separate investigation.

Acevedo wrote in his disciplinary memo that on the day of the shooting, department lawyer Michael Cronig sent several questions that he thought Quintana should be asked during the internal affairs inquiry.

When he was interviewed as part of the investigation into his conduct, Dunn told officials that he hadn't asked the questions because "if the officer answered that question, it would somewhat incriminate himself and his actions that he took on that day," Acevedo's memo said.

"It is unacceptable that an APD (internal affairs) detective would deliberately not ask relevant questions in order to blatantly protect another officer," Acevedo wrote. "There are no alternative sworn assignments or positions in this department that do not require credibility and integrity as a minimum."

Police Monitor Cliff Brown, who reviewed the case involving Dunn, applauded Acevedo's decision to fire Dunn.

"His actions have done significant harm and discredit not only to himself, but also of the entire police department," Brown said. "It's going to take a significant amount of work to gain that trust back."

Debbie Russell, president of the local chapter of the American Civil Liberties Union of Texas, said Acevedo's decision to fire Dunn showed the chief is holding officers accountable.

During a news conference Thursday, Acevedo also said he plans to restructure the department's internal affairs division.

He said he hopes to assign sergeants, all of whom have supervisory authority, to act as investigators and will seek approval from the City Council to upgrade several positions to that rank.

"It creates an environment where we will have better outcomes, and I strongly believe it is a better practice that will go a long way to restoring hope," Acevedo said.

tplohetski@statesman.com; 445-3605

back to top

11-06-09:
Officer involved in shooting suspended 15 days
Police chief says excessive force not used; punishment is for not turning on patrol car camera.

By Tony Plohetski
AMERICAN-STATESMAN STAFF
Thursday, November 05, 2009

Austin Police Chief Art Acevedo said Wednesday that the fatal police shooting of Nathaniel Sanders II did not constitute excessive force and that the officer's tactics before the shooting were within departmental rules.

But senior police officer Leonardo Quintana will begin serving a 15-day unpaid suspension today for not turning on his patrol car camera before approaching Sanders ? a policy violation that Acevedo said perpetuated mistrust between the department and community.

Acevedo's decision ? condemned Wednesday night by several African American leaders ? concluded the internal affairs investigation into the May 11 shooting outside the Walnut Creek Apartments on Springdale Road in East Austin.

"I believe we have issued a right and just ruling," Acevedo said in a news conference after his decision. "I want the community to know, and for our officers to know, I do not take these decisions lightly. But as police chief, I get paid to make decisions based on the facts, based on evidence."

Police officials have said Quintana fired at Sanders, who was struck in the back of the head and shoulder, after the two struggled for a weapon that Sanders had at his waist. Sanders had been asleep in the back of a Mercedes-Benz station wagon that authorities have said was reportedly linked to crimes in the area.

Quintana also fired at Sir Lawrence Smith, another passenger in the car, after Smith lunged at Quintana, police have said. Smith was wounded but has since recovered.

The shooting prompted unrest among apartment residents and others in the community and renewed questions about how Austin officers use force against minorities; Sanders was African American.

Acevedo said Wednesday that Quintana's decision to fire at Sanders and Smith was "objectively reasonable based on the totality of the circumstances."

Acevedo said that although he might not have approached the stop the same way as Quintana, he thought the officer's actions were acceptable.

"I cannot simply replace his judgment with my own," Acevedo said.

The incident had represented a major test for Acevedo, who visited the scene the day of the shooting to help calm community anger. It was the first controversial police shooting during his two years in Austin.

Acevedo said his decision followed a recommendation from a citizens oversight panel for the Police Monitor's Office that Quintana be exonerated on excessive force allegations and be allowed to keep his job.

A full report from that group, as well as a copy of an independent investigation into the shooting, was not available Wednesday night. It is expected to be released to the public.

Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, said Acevedo's ruling was an insult to Austin's black residents and "violates our dignity."

"The community gave the chief good will and embraced him," Linder said. "He is going to lose respect, lose trust and obviously community support, and deservedly so."

The Rev. Joseph Parker, pastor of David Chapel Missionary Baptist Church in East Austin, said he thought Quintana's discipline was mild. He said parishioners also expressed disappointment.

"My expectation as a pastor, as an attorney and as a citizen is that policies and procedures must be followed, and there must be consequences that send a message that it is serious when one violates them," Parker said. "I think (the decision) is shattering public confidence."

Adam Loewy, an attorney representing Sanders' family, said his clients were extremely disappointed.

During a nearly five-hour disciplinary hearing, hundreds of off-duty police officers gathered at a police substation to await the decision.

Sgt. Wayne Vincent, president of the police union, said several officers told him they thought Quintana's discipline was excessive for not turning on his patrol car camera.

"The association believes that was a side issue, and the important issue in this case was his conduct as it relates to the shooting," Vincent said.

Much community concern in the case had focused on the lack of video evidence. It was the second deadly force incident in recent years in which officers did not activate their patrol car cameras.

In a four-page disciplinary memo, Acevedo primarily discussed his decision to suspend Quintana for violating a policy requiring officers to tape all traffic and pedestrian stops.

Acevedo said Quintana knew that he intended to stop the Mercedes and detain its occupants when he first spotted them. Quintana later followed the Mercedes, but again did not turn on his patrol car camera, the memo said.

Acevedo said that after Quintana detained the driver, he also failed to activate his camera before returning to approach Sanders and Smith.

"While the camera may not have captured the entire incident on video, it would have captured the entire audio portion of the incident from start to finish," Acevedo wrote.

An officer who was serving as Quintana's backup, Mohammad Siddiqui, also was suspended Wednesday for three days for failing to turn on his camera.

The camera in a third patrol car at the scene captured a significant portion of the shooting.

Also Wednesday, Acevedo said officials had strengthened the department's policy on patrol car cameras.

Officers are now required to activate their cameras when they have detained or arrested someone; when they are attempting to arrest or detain someone; or when "by nature of the call for service, the officer is likely to detain or arrest a person."

The new policy said that when officers must act urgently without activating their camera to protect themselves or others, they must still turn on the equipment "once the immediacy of the situation is over."

Officials also increased the punishment for failing to follow the policy.

Officers may now be fired for a first offense of intentionally violating the policy when a shooting is involved.

"We want the cameras on in just about every circumstance," Acevedo said. "We have to raise the ante."

Attorney Tom Stribling, who represented Quintana, said his client is relieved by Acevedo's decision.

"He is very appreciative of the chain of command and the chief for taking the time to really understand this case and understand what he was faced with," Stribling said.

Stribling said Quintana is eager to return to work.

tplohetski@statesman.com; 445-3605

back to top

11-04-09:
Officer suspended for violating rules in Sanders shooting
By Tony Plohetski | Wednesday, November 4, 2009, 03:51 PM

Austin Police Chief Art Acevedo today suspended Senior Police Officer Leonardo Quintana (pictured at right) for 15 days for events leading up to the May 11 fatal shooting of Nathaniel Sanders II.

Quintana was found to be in violation of the department’s patrol car camera policy. However, he was not disciplined for any tactical violations or for using excessive force.

During a news conference, Acevedo said Quintana’s use of deadly force was “objectively reasonable based on the totality of the circumstances.” He said although he might have approached Sanders differently, “I cannot simply replace his judgment with my own. I have to use a reasonable officer standard.”

Acevedo encouraged people in the community who might be unhappy with his decision to review the investigative files on the shooting. Such information is expected to be released by the city in the next couple of days.

Also Wednesday, Acevedo announced a more specific policy for when officers must activate their patrol car cameras, and increased the punishment for officers who fail to do so. For example, an officer can now be fired if he or she intentionally fails to turn on the camera during an incident in which the officer fires a weapon.

Acevedo’s decision concludes the internal affairs case investigation into the shooting, which prompted an angry response from on-lookers in an East Austin apartment complex parking lot, where the incident happened about 5:30 a.m.

Police officials are expected to release a disciplinary memo today describing more reasons for the suspension.

Quintana had not activated his patrol car camera before approaching Sanders, in violation of a departmental rule requiring officers to videotape all traffic and pedestrian stops

A second officer who was at the scene also was suspended for three days for failing to activate his patrol car camera, according to the city.

Officials have said that Quintana fired after a struggle during which Sanders, who had been asleep in the back of a car, reached for a weapon that had been at his waist.

Sources have said that an internal affairs investigation initially concluded that Quintana violated no departmental policies in his tactics leading up the shooting, a finding that was overturned by department leadership.

The city in August hired independent investigators to review Quintana’s actions and the internal affairs inquiry.

Those investigators were critical of an e-mail from a case detective who proposed reviewing the criminal histories of Sanders and two other suspects and possibly using that information to justify the shooting.

A Travis County grand jury in August declined to indict Quintana on any criminal charge.

Acevedo today could have fired Quintana or taken no disciplinary action on him.

back to top

09-30-09:
Disciplinary review police works

Editorial: AUSTIN POLICE DEPARTMENT Wednesday, September 30, 2009

The way Austin Police Chief Art Acevedo figured it, front-line supervisors were best positioned to review relatively minor complaints lodged against the city's officers.

There were plenty of doubters, and their apprehensions were certainly logical. Have a sergeant reviewing complaints about rude behavior, profanity or the like introduced an element of favoritism into a disciplinary process.

Still, Acevedo said sergeants — the first rung on the police management ladder — should be directly involved with minor complaints about the people they supervise.

Acevedo ordered the review process put into effect in July 2008. Before then, all complaints — regardless of their severity — were referred to internal affairs. While internal affairs officers were theoretically more objective, minor complaints appropriately took a back seat to more serious ones — like use of force — involving Austin police officers.

Since the disciplinary review policy has changed, however, complaints are being resolved more quickly, and it appears that sergeants aren't afraid to mete out discipline. In fact, the American-Statesman's Tony Plohetski reported in Monday's editions, police department disciplinary actions in low-level cases increased.

According to figures compiled by the department, 69.8 percent — or 150 — of the 215 relatively minor misconduct complaints lodged against officers resulted in disciplinary action. When sergeants took responsibility for looking into low-level complaints, that number increased to 77.3 percent. The number of complaints filed during that period were 247, and 191 of those resulted in disciplinary action.

Review time for low-level complaints dropped from 44 to 35 days.

The policy change has critics who say the policy is open to abuse by supervisors playing favorites and others, like Sgt. Wayne Vincent, president of the police union, who says the new policy interferes with a healthy superior-subordinate relationship.

"The subordinate goes to that supervisor for counseling and guidance, and if you start to view them as an internal affairs investigator, you are less likely to be open in your communication," Vincent told Plothetski. "It's not healthy for that supervisor-subordinate relationship."

Supervisors should be available for guidance, but as Acevedo noted at the time, they should also remember that those stripes carry with them responsibility. And disciplining subordinates when appropriate is part of the job.

That's the way it works in the military and just about every business you can name.

Because the program has been in effect for only a year, it's too early to call it an unqualified success, but the numbers indicate sergeants are taking their newfound responsibilities seriously and thoroughly.

That's a good indication that they want to make the new policy work. All of us should offer support and encouragement.

back to top

09-10-09:
Officer gives account of actions leading up to fatal shooting
In court hearing, Quintana answer questions about lack of patrol car video.

By Tony Plohetski
AMERICAN-STATESMAN STAFF
Thursday, September 10, 2009

On the morning he fatally shot Nathaniel Sanders II, senior police officer Leonardo Quintana said, he never flipped on his patrol car lights or video camera because he was keeping a close watch on a man he thought possessed a gun.

Michael Franklin, who was driving a car in which Sanders was a passenger, had quickly gotten out of the Mercedes-Benz station wagon and put a hand in his pocket, Quintana testified Wednesday during a three-hour hearing in Travis County court.

"I believed I was dealing with an armed suspect," Quintana said. "My fear is that he was possibly reaching for a weapon or something. I had to get myself out of the (patrol) car. That took precedence over hitting my lights and camera."

Attorneys representing Franklin requested the proceeding before County Court-at-Law Judge Nancy Hohengarten to determine whether Quintana legally detained Franklin that morning in the parking lot of the Walnut Creek Apartments on Springdale Road. The hearing is part of Franklin's criminal case; he was charged with misdemeanor marijuana possession after the May 11 shooting.

Hohengarten did not rule Wednesday, and testimony is expected to continue today. Franklin's lawyers say they will seek to have the case dismissed if the judge rules that officers didn't have sufficient grounds to detain Franklin. The hearing was the first time Quintana has talked publicly about his actions, which prompted anger from some community members about how Austin police officers use force against minorities.

Quintana also has faced scrutiny from within the department about the shooting and his tactics leading up to it, including why he had not activated his patrol car camera. Austin police internal affairs investigators have said Quintana violated department rules that require officers to record all traffic and pedestrian stops.

Police officials have said Quintana fired at Sanders, striking him in the back of the head and shoulder, after Sanders reached for a gun at his waist and the two briefly struggled for the weapon.

Quintana also shot and wounded Sir Lawrence Smith after Smith jumped from the front passenger seat of the car, officials said. He recovered and attended Sanders' funeral a week after the incident.

A Travis County grand jury last month declined to indict Quintana. Police Chief Art Acevedo has not yet determined if Quintana will be disciplined for his actions.

In his testimony Wednesday, Quintana said he learned a couple of days before the shooting that a Mercedes-Benz station wagon had been linked to a series of 911 calls reporting gunfire in the complex. Officers in the area also received reports from residents that connected the car to the reported shots, he said.

Franklin's attorney, Jason McMinn, questioned whether the information was credible and whether it justified stopping the Mercedes that morning.

Quintana said he had just completed another stop about 5 a.m. when he spotted the station wagon entering the apartment complex.

Initially, he said, he had no plans to talk to the men until backup officers arrived. Then, he said, Franklin got out.

"At that point, you always want to have your feet on the ground," Quintana said. "You want to have a tactical advantage in case they come out shooting or running."

Quintana said he asked Franklin "point blank" if there were any guns in the car.

"He finally gave me the answer, 'No,' " Quintana said. Franklin's hesitation, Quintana said, "sent up a red flag for me."

Hohengarten would not allow attorneys to ask Quintana about the shooting, saying that it was not relevant to the charge against Franklin.

Quintana's attorney, Tom Stribling, attended the hearing along with several Austin police officers. Sgt. Wayne Vincent, president of the Austin Police Association, also sat through the proceeding and later said that based on Quintana's testimony, it sounded like the officer engaged in "good solid police work."

"He found the vehicle and went to investigate," Vincent said. "That's what police officers do."

back to top

09-07-09:
Internal shooting inquiry stirred dissension, sources say
Investigating detectives reportedly feel some findings about officer's tactics were ignored.
By Tony Plohetski

AMERICAN-STATESMAN STAFF

Sunday, September 06, 2009

An internal affairs investigation has concluded that Senior Officer Leonardo Quintana did not violate the Austin Police Department's use of force policy the morning he fatally shot Nathaniel Sanders II, according to several people familiar with the inquiry.

But the investigation did find Quintana in violation of departmental rules requiring him to activate his patrol car camera and to use sound tactics, the sources told the American-Statesman last week.

The finding concerning Quintana's tactics was contentious inside the department.

The sources said that internal affairs detectives initially recommended Quintana be exonerated of any policy violations concerning his methods leading up to the shooting but that they were overruled by superiors.

The detectives closest to the investigation were upset because they did not think the final report reflected their recommendations, said the sources, who included people inside and outside the department.

The report also found that a second officer at the scene violated the department's policy requiring him to activate his patrol car camera for all traffic and pedestrian stops, according to the sources.

The revelations about the internal affairs recommendations come at a time of deep community interest in the case and just weeks after the city hired an independent investigator to review the findings.

The struggle to reach a consensus within internal affairs also highlights how several experienced officers reviewed the events leading up to the shooting and reached different conclusions about whether Quintana acted appropriately.

And it comes after Police Chief Art Acevedo has expressed concern in other cases about the recommendations of previous investigators assigned to be a watchdog of officer conduct.

The sources asked that they not be identified because of the ongoing investigation. State law and department policy prohibits the release of information from a pending inquiry into police conduct — rules designed to protect the reputations of officers who have groundless allegations filed against them.

The internal affairs recommendations have been sent to the police chief, who must decide by Nov. 7 whether Quintana should receive disciplinary action. Acevedo, who declined to comment, does not have to follow the recommendations from his internal affairs division.

Internal affairs reports typically do not make suggestions about discipline.

Last month, members of a citizens review panel for the Austin police monitor's office also studied the findings from internal affairs and called for an independent investigation into the shooting. That inquiry by KeyPoint Government Solutions is expected to be completed next month.

A Travis County grand jury declined last month to indict Quintana on any charge.

The shooting occurred May 11 after Quintana came upon a Mercedes-Benz station wagon with a driver and two sleeping passengers. Quintana was investigating whether the vehicle was linked to crimes in the area.

Quintana detained the car's driver and returned to the car, where he woke Sanders. Within seconds, the two struggled for a gun, at which time Quintana backed away and began firing, striking Sanders in the back of the head and shoulder.

Quintana also fired at Sir Lawrence Smith, who had been in the front seat of the car, wounding him, after officials said Smith jumped from the car.

The shooting at the Walnut Creek Apartments on Springdale Road prompted an angry response among African American residents, who have raised concerns about how officers use force against minorities.

Attorney Tom Stribling, who is representing Quintana, said Friday that he is not troubled that supervisors might have disagreed with detectives about the investigation's recommendations.

"The grave concern that I have is whether or not the opinions of the detectives who did the investigation were contained within the file that was presented to the citizens review panel, the police monitor's office and the independent investigator," Stribling said.

"If those opinions were not included," he said, "then that has the appearance of, if not the reality of, certain individuals in the Police Department trying to railroad the investigation."

Stribling said police officials have not made him aware of the findings.

Adam Loewy, a lawyer representing Sanders' family in a federal civil rights lawsuit against Quintana and the city, said, "APD cannot expect the public to believe that Officer Quintana used poor tactics and judgment but did not employ excessive force.

"We are confident a federal jury will see right through this smokescreen and hold Quintana fully responsible for the wrongful death of Sanders."

Loewy said the department has not made him aware of the internal affairs investigation's recommendations.

According to departmental policy, officers must record all traffic and pedestrian stops with their patrol car video cameras.

Among three officers at the shooting scene, only one had his patrol car camera activated, which captured a significant portion of the incident.

Policies also say officers must follow "standardized training and tactics when it is objectively reasonable to do so."

The department's use of force policy says that deadly force is permitted when officers have a reasonable belief that it is "necessary to defend the officer's or another's life that is in imminent danger of serious physical injury or death, based on the totality of the circumstances."

The internal affairs findings are similar to those in the 2007 shooting death of Kevin Alexander Brown by Sgt. Michael Olsen, who was later fired.

In that case, the division's report said that Olsen did not use good judgment and common sense in his tactics leading up to the shooting. However, division officials said that they could not determine whether Olsen's use of force was appropriate.

Acevedo, in his decision to fire Olsen, said it was conceivable that Olsen could have been justified in initially firing at Brown but that Brown no longer posed an immediate threat after he was wounded and lying facedown on the ground.

tplohetski@statesman.com; 445-3605

back to top

08-16-09:
Police, sheriffs establishing regional intelligence center
Centers nationally have been target of complaints by civil libertarians.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Sunday, August 16, 2009

For months, detectives from two law enforcement agencies had been on the trail of the culprits in a series of home burglaries in Southeast Austin and southern Travis County. Neither group knew the other had similar unsolved cases.

They say they got a lucky break last week. While responding to separate burglary calls within minutes of each other Monday, Austin police officers and Travis County sheriff's deputies realized they were looking for the same thieves.

They soon found and charged three people, and they say they hope the arrests will help close other unsolved cases.

"It was just happenstance," Austin police Detective John Hardage said. "We should have been sharing information months ago."

Authorities say the case — and dozens like it — highlights the need for agencies in Central Texas to routinely exchange data about crimes, trends and suspect descriptions, an information flow they think will help solve more cases and decrease duplicate policing.

Beginning next year, they plan to start doing so at a federally funded, multimillion-dollar intelligence center — one of dozens of such "fusion centers" across the nation.

But some centers have sparked controversy after critics said officials overstepped their bounds and violated people's civil rights.

As part of the information exchange, the Austin Regional Intelligence Center will give investigators broader access to confidential information about suspects or criminal organizations.

For instance, officers now can troll national and state databases to see whether a suspect has been convicted of crimes or has outstanding warrants. The center will also allow investigators to access reports from neighboring departments that show any involvement suspects may have had with police there, including investigations into crimes they may not have been charged with.

Investigators at the center also will be able to access certain databases created by other agencies, such as those documenting suspected gang members and drug traffickers.

Officials currently don't have immediate access to such information from neighboring agencies but can seek it as part of an investigation, a process that detectives said can take days and stall their work. Too often, they said, they may not know when to turn to neighboring towns or counties to further their investigations.

David Carter, an Austin assistant police chief in charge of the intelligence center project, said analysts stationed at the facility also will stitch together information collected by various agencies to create new files on suspects in criminal cases or on suspects they think may be planning to carry out crimes and merit further surveillance.

"Law enforcement has been behind the curve in terms of our ability to exchange information," Carter said. "I think we also have been behind the curve when it comes to analysis and understanding. If there is something going on in this region, we need to understand it and get on top of it."

Civil liberties at risk?

To some civil rights advocates, the new effort to nab criminals has raised questions about the volume of information investigators will have at their fingertips, how they will use it and the types of files they will create.

Although Carter said center workers will abide by state and federal intelligence-gathering laws, incidents at other centers nationally have raised doubts for some.

"We do recognize that there are concerns in some people's minds concerning fusion centers in general," Carter said.

Earlier this year, for instance, an intelligence center in Collin County, north of Dallas, issued a bulletin that said, "It is imperative for law enforcement officers to report" activities of Muslim civil rights organizations and anti-war protest groups in their areas.

Among other things, federal laws bar law enforcement agencies from creating databases concerning political, religious or social views, but civil liberties groups have cited similar incidents in recent years at other intelligence centers, including those in Maryland and Missouri.

Laura Martin, a policy analyst for the American Civil Liberties Union of Texas, said organization leaders hope to meet soon with Austin police and other officials to more specifically discuss their worries.

Intelligence centers nationally have been "a huge priority for the ACLU," Martin said. "We have a lot of concerns."

In a 2007 report on the centers, the ACLU called on agencies to use the "utmost care" in the collection of personal data.

"Clearly not all fusion centers are engaging in improper intelligence activities and not all fusion center operations raise civil liberties or privacy concerns," the report said. "But some do."

Born of 9/11

The first intelligence centers were created soon after the Sept. 11 terrorist attacks.

Jack Thomas Tomarchio, former deputy undersecretary for intelligence and analysis operations at the U.S. Department of Homeland Security, said law enforcement agencies in several regions wanted to work more closely to monitor the possibility of more attacks.

Agencies around Los Angeles, Boston and New York were among the first to create intelligence centers, Tomarchio said. Federal officials have since made millions of dollars available to local officials to establish such centers, which total about 70 nationwide.

In Texas, the Dallas and Houston police departments operate their own intelligence centers. The North Central Texas Fusion Center, which opened in 2006, serves 16 counties, including Dallas and Tarrant. San Antonio also is working to establish a center.

Among its other criticisms, the ACLU contends that the centers have produced little solid evidence that they are helping solve crimes or thwarting terrorist activity.

Tomarchio agreed that few, if any, studies have generated statistics or other data about the centers' successes.

"These things are brand new," he said. "They haven't been around 20 years, and even the ones that have been around three or four years are still in their formative years. In many cases, they don't have a track record."

Support, opposition

Austin police officials and other Central Texas law enforcement representatives began last year trying to get money to create an intelligence center.

The city received a $1.8 million grant in 2008 for the center and got a $2.7 million grant this year.

Carter said most of the money will be used to buy computer equipment and to pay crime analysts from different agencies who will be stationed there. Officials have not yet established an annual operating cost.

The Austin and Round Rock police departments and the sheriff's offices in Travis, Williamson and Hays counties are the primary agencies involved in the project and will staff its operation with about eight to 10 crime analysts and detectives, some of whom will be hired using grant money. Carter said that if grant money runs out, departments probably would begin covering the salaries of the analysts.

Smaller agencies in the region will also have access to the center.

Opposition to the center surfaced at a recent Austin City Council meeting, when the council approved using $200,000 in grant money to renovate a Texas Department of Public Safety building in North Austin for the center.

Police officials said at the meeting that an agreement between agencies on privacy matters would probably be drafted next month with input from the ACLU and others. They also said there will be at least one public hearing before the council votes on the agreement.

John Bush, executive director for Texans for Accountable Government, said he wants to make sure officials seek public input on employee training, among other matters.

"There are definite benefits, without a doubt," Bush said. "They are going to be able to more efficiently solve crime."

But, he added, "I also see the potential for abuse."

back to top

08-12-09:
Police monitor panel to review shooting next week

By Tony Plohetski | Wednesday, August 12, 2009, 01:11 PM

Next week, the Austin police monitor’s office and its citizen review panel will review the fatal shooting of Nathaniel Sanders II by senior patrol officer Leonardo Quintana and take public input about the controversial incident.

The meeting is scheduled for 6 p.m. Tuesday at Austin City Hall.

During an executive session that is not open to the public, panel members will review evidence in the case, including a report from internal affairs detectives.

The panel could agree with the findings in the case, call for more investigation by the Police Department, seek an independent investigation and make a recommendation about any discipline they think Quintana should receive.

Officials have said that on May 11, Quintana fired at Sanders, who had been sleeping in the back of a car, after the two struggled for a weapon Sanders had in his waistband. Last week, Travis County grand jurors said that they would not indict the officer.

08-05-09:
Officer not indicted in shooting

By Tony Plohetski | Wednesday, August 5, 2009, 12:46 PM

Travis County grand jurors today declined to indict Austin police Officer Leonardo Quintana in the fatal shooting of Nathaniel Sanders II outside an East Austin apartment complex, ending the criminal investigation into the May 11 incident.

Jurors issued the no-bill after more than two weeks of testimony from witnesses, Police Chief Art Acevedo and Sanders’ family.

According to the one-page no-bill document, grand jurors “have inquired carefully into the case against the above-named defendant, Leonardo Quintana, and in this said complaint we have failed to find a bill of indictment against him.”

Travis County District Attorney Rosemary Lehmberg today made public a patrol car video from the shooting that captured significant portions of the shooting. Quintana’s patrol car camera was not activated at the time, nor was that of one of two backup officers. The video viewed by the grand jury and made public today came from a second backup officer’s car.

Lehmberg also provided more details about the incident:

Lehmberg said Quintana grabbed Sanders hand when Sanders woke up in the car. The officer then pulled up Sanders’ shirt and saw a gun in the waistband of Sanders’ pants, she said.

Lehmberg said Quintana reached for the gun, “briefly pulling back and forth for control of the gun. Sanders leaned back and away to maintain control of the gun.”

Lehmberg said Sanders was shot in the head and upper shoulder. She said Quintana fired five rounds, and provided charts from ballistics experts showing how the bullets traveled.

The shooting had prompted outrage outside the Walnut Creek Apartments at 6409 Springdale Road, where the incident occurred, among spectators who smashed several patrol car windows and hurled bottles and other objects at officers and investigators.

“We are pleased that the process has worked, that the grand jury has reviewed all evidence and found that Officer’s Quintana’s actions were within the law,” attorney Tom Stribling, who is representing Quintana, said today.

Adam Loewy, an attorney representing Sanders’ family, said the family is very disappointed in the decision.

“The evidence in this case clearly shows that Officer Quintana was shooting repeatedly from behind the Mercedes-Benz while Sanders was sitting in the car and posing no threat whatsoever to the officer,” he said. “Officer Quintana shot Sanders in the back of his head. We believe a civil jury will hold Officer Quintana accountable for his unlawful actions and use of excessive force, and we look forward to having this case heard in open court.”

Sanders’ family has filed a federal wrongful death lawsuit against the department and Quintana, claiming several police policy violations and racial bias.

Nelson Linder, president of the Austin branch of the National Association for the Advancement of Colored People, said that he was not surprised by the grand jury’s decision.

“We have more faith in the police department and the police monitor’s office,” he said. “We don’t expect the (district attorney)’s office to do a very thorough and impartial investigation based on its history,” Linder said.

Indictments against officers in shootings are rare in Travis County.

Some residents at the Walnut Creek apartments said today that the no-bill did not come as a surprise.

Mystashia Wilson, a 21-year-old resident, said she heard the shooting May 11 and was on the computer this morning when she found out about the grand jury’s decision.

“It’s kind of expected that nothing would happen,” Wilson said. “It’s upsetting because that was somebody’s son. I just hope that nothing like this happens again. If you commit a crime you should be held responsible for what you do.”

Felisha Williams, another resident, said: “If the officer gets off, a lot other people should get off. It sends a bad message to the black community.”

Police have said the incident began with Quintana investigating whether a champagne-colored Mercedes-Benz station wagon occupied by Sanders, Sir Lawrence Smith and another man was linked to a series of recent incidents involving gunfire at the apartment complex.

Acevedo has said that Quintana spotted the car at the complex and arrested the driver, identified in the lawsuit as Michael Franklin, without incident. After returning to the car, Quintana noticed that Sanders, who had been asleep in the backseat, had a gun in his waistband, Acevedo said.

Acevedo has said Quintana opened fire after Sanders reached for the weapon, which police have since recovered.

Quintana then shot Smith, wounding him, after police have said he lunged from the car toward Quintana.

The shooting of two African Americans renewed concerns about how Austin police use force against minorities.

Austin police officials are continuing to investigate whether Quintana violated department policies in the shooting. Acevedo has said he hoped that inquiry would be finished within 90 days of the incident.

The district attorney’s Web site has more information on today’s decision, including the autopsy report and statements from witnesses.

back to top

08-05-09:
All APD Officers Wearing Uniforms in Anticipation of Decision in Sanders Shooting

By Tony Plohetski | Wednesday, August 5, 2009, 09:19 AM

Police Chief Art Acevedo has instructed all Austin police officers, including plainclothes detectives and those in administrative jobs, to wear their uniforms on duty today in anticipation of a possible decision by Travis County grand jurors in the shooting death of Nathaniel Sanders II.

Jurors have been reviewing whether officer Leonardo Quintana violated any laws when he fatally shot Sanders on May 11 outside an East Austin apartment complex. Sir Lawrence Smith was also shot and wounded in the incident.

Officers traditionally have been told to report to work in uniform when such decisions are expected.

Get the latest crime reports in your neighborhood with the Statesman's Crime

back to top

06-11-09:
Austin police offer to give up or defer raises
Move comes amid budget cuts facing city, could save $5 million needed for cadet class.
By Tony Plohetski

AMERICAN-STATESMAN STAFF

Thursday, June 11, 2009

Austin police officers have agreed to consider forfeiting or deferring their already-promised pay raises next year, a move that could save the city about $5 million amid widespread budget cuts.

Police union officials sent City Manager Marc Ott an e-mail Wednesday evening saying that they were willing to "explore possible short-term solutions to the overall budget shortfall," including amending certain provisions in their employment contract with the city.

The e-mail did not cite specifics, but Sgt. Wayne Vincent, president of the Austin Police Association, said the provisions most likely will concern pay — specifically a 2.75 percent raise officers are set to receive in 2010.

"We are voluntarily stepping forward," Vincent said. "We are willing to sit down at the table and be part of the solution. It is the right thing to do."

He said union officials hope their effort will help preserve a police cadet class that is among a list of possible police cuts next year.

Officials already have delayed the class, which was scheduled for March, until September to save the $5 million cost of training about 100 new officers.

"I think it is highly, highly commendable," Ott said of the union's decision. "My impression is that they appreciate the challenges that we are dealing with."

Officials have said that the city is facing a $30 million budget shortfall for 2010, but that the amount could rise to $43 million if the city decides not to increase the property tax rate next year.

Proposals unveiled Monday to contend with the city's shortfall include closing nine city pools and reducing operating hours at 24 other pools, increasing ambulance fees and reducing hours at library branches, which would open an hour later and close an hour earlier.

Ott will present a proposed budget July 22, and City Council members will approve a final budget in mid-September.

It was unclear Wednesday night when city and union officials would formally discuss altering the contract, which they signed last year. The agreement gave officers a 2.5 percent pay raise this year, a 2.75 percent raise in 2010 and a 3 percent increase in 2011.

Police Chief Art Acevedo said, "The fact that they are willing to put their own interest aside for greater good says a lot about the hearts and minds and excellence of the men and women of this department."

Police pay had been a major discussion point during contract negotiations last fall.

During the negotiations, officers gave up special bonuses — the city has spent about $33 million since 2004 to give officers raises 2 percent higher than what other city employees received — and agreed to raises that were more typical of other city employees.

Mayor-elect Lee Leffingwell said he discussed with union officials this week the possibility of returning to negotiations because of the budget shortfall.

Leffingwell said that although the academy probably won't be formally traded for the pay raises in a new contract, "clearly that is the idea."

Acevedo and Leffingwell, among other officials, have said they are concerned about cutting the cadet class.

The department averages about 40 retirees and resignations each year.

"This is a way that I think would be best to keep the cadet class, and they agree with that," Leffingwell said. "What we have talked about is that we can't afford to cut back on the delivery of public safety service on the street level."

Acevedo has said that the cadet class will help maintain the department's ability to proactively address crime, rather than only responding to calls.

Council Member Sheryl Cole praised the union's decision.

"I am extremely pleased for their willingness to step forward during these difficult budget times," she said. "It is heroism at its best."

05-17-09:
Acevedo's community relationships have first test
Leaders credit chief with visiting shooting scene, releasing information
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Sunday, May 17, 2009

Austin Police Chief Art Acevedo got the call shortly after 5 a.m. Monday: An officer had fatally shot an African American man and wounded another in an apartment complex parking lot in East Austin.

On his way to the scene within minutes, Acevedo said he phoned an assistant chief to make sure that key community leaders, including the president of the Austin chapter of the National Association for the Advancement of Colored People, had received calls from department brass.

Once there, he met briefly with Senior Patrol Officer Leonardo Quintana, the officer involved, and offered condolences to the father of 18-year-old Nathaniel Sanders II, who had been killed. He promised that he would learn what happened.

"It was a very tense situation," Acevedo said last week.

The shooting would soon become the most controversial event for the chief since he took the helm of the department nearly two years ago — a test of the relationships he said he has tried to forge with the community.

Within a couple of hours, residents and other onlookers outside the Walnut Creek Apartments at 6409 Springdale Road had begun smashing patrol car windows and hurling bottles and other objects at officers and investigators. Acevedo himself dodged a beer bottle.

But numerous community leaders and officers interviewed since the shooting say a strong presence by Acevedo and his willingness to give the people at the scene an account of what had happened probably kept tempers from flaring further.

His actions, they said, differed from those of previous chiefs, who seldom, if ever, went to shooting scenes and who they said gave only basic facts in the days and hours immediately after — not the detailed account that Acevedo provided. That dearth of information, the community leaders said, often fueled doubts about police actions and only intensified anger.

Local NAACP President Nelson Linder, a frequent police critic since taking over the organization in 2000, has praised Acevedo for personally visiting the shooting scene Mondayand talking to upset onlookers.

"So far, I would say he has been accessible and very informative," Linder said. "He has been talking to people almost every day, revealing what he can. I think we realize if you are going to have an investigation, you don't have all the answers. But I think the community understands Chief Acevedo is doing the best he can in a very bad situation."

Officers say Acevedo's response has also demonstrated his commitment to the rank-and-file.

"He's out there, and he's engaged," said Sgt. Wayne Vincent, president of the Austin Police Association. "The officers are comforted by the fact that he is willing to talk to the community and put out some information so it doesn't look like we are trying to hide anything. He's done a very good job of calming the situation down."

Among nearly a dozen community leaders, officers and city officials who have been interviewed since the shooting, only one expressed criticism.

Debbie Russell, president of the American Civil Liberties Union of Central Texas, said she was concerned that Acevedo appeared to be vindicating Quintana by saying at a City Hall news conference later that day that the shooting appeared to be lawful based on preliminary information.

Acevedo has concluded in other incidents that although uses of force might have been lawful, officers made mistakes in their tactics and judgment.

Linder and other community leaders, as well as union representatives, say the shooting and Acevedo's response will bring the chief additional scrutiny in coming weeks.

When the police investigation is completed, he must decide whether Quintana was justified in firing at Sanders and another man, Sir Lawrence Smith, 21, who was injured. Smith has been released from University Medical Center at Brackenridge.

Acevedo could ignite fury among officers if he decides that Quintana acted wrongly and should be disciplined or fired.

If he takes no action against Quintana, he risks angering some residents.

"We put a lot of faith and trust in his judgment," said Richard Franklin, former president of the Black Austin Democrats. "We hope this proves to be the right move for us."

More questions

The shooting of two African Americans renewed concerns about how Austin police use force against minorities.

In January, the U.S. Justice Department, which has investigated allegations of civil rights violations by the city's officers, released recommendations to the department, including to put a more specific practice in place that ensures that supervisors properly review force incidents against members of the public.

Officials have said they are working to put the recommendations in place.

Other police shootings helped define the tenure of former Chief Stan Knee, who served for nine years before resigning in 2006.

Knee faced intense community backlash for not firing officer Scott Glasgow in the 2003 shooting of Jesse Lee Owens during a traffic stop. After becoming trapped in Owens' car door,Glasgow shot Owens as he was driving away and dragging Glasgow. Knee suspended Glasgow for 90 days.

Several years later, union officials called for Knee's resignation after he fired officer Julie Schroeder, who had fatally shot Daniel Rocha in 2005 during a scuffle. She said she thought he had taken her Taser stun gun.

Cathy Ellison, who was among the finalists for the Austin chief job with Acevedo, was serving as acting chief when then-Sgt. Michael Olsen fatally shot Kevin Alexander Brown outside Chester's nightclub in East Austin in 2007.

Some community leaders, including Linder, said Ellison was unwilling to talk with them about the incident.

Since taking over the department, Acevedo has generally received high marks from Austin communitiesand officers. Criticism from the force has basically been limited to some administrative policy changes, such as rotating shifts among patrol officers, and several disciplinary actions that he has taken against officers.

Acevedo fired Olsen soon after becoming chief. Union officials responded to that by saying that they support Olsen's right to appeal.

A heated scene

Monday's events began with Quintana investigating whether a champagne-colored Mercedes-Benz station wagon occupied by Sanders, Smith and another man was linked to a series of recent incidents involving gunfire at the apartment complex.

Acevedo has said that Quintana spotted the car at the complex and arrested the driver, who is also African American, without incident. After returning to the car, Quintana noticed that Sanders, who had been asleep in the backseat, had a gun in his waistband, Acevedo said.

The chief said Quintana opened fire after Sanders reached for the weapon, which police have since recovered.

Sanders had been arrested on drug and robbery charges in recent months.

Acevedo said Quintana fired at Smith when Smith lunged at him after the first shooting.

Acevedo gave his first public statements about the shooting to reporters at 7:50 a.m. Monday, providing an account of the sequence of events that had led to the shooting. Several hours later, he confirmed that Quintana's patrol car video camera was not recording before the incident. Department policy requires officers to record all traffic and pedestrian stops.

Before addressing reporters, a visibly tense Acevedo spent time with Sanders' family, including his father, Nathaniel Sanders.

"I believe the pain of a father and a parent should never be dismissed; I reached out to him as a parent myself, as a father myself," Acevedo said.

Then about 9 a.m., dozens of onlookers and apartment complex residents began hurling rocks at officers, smashing eight patrol car windows. Eight officers received minor injuries, including one who was punched in the mouth.

Other city officials, including City Manager Marc Ott, visited the scene to urge calm.

Police arrested and charged three people.

Acevedo said he credits officers with quickly quelling the unrest.

He said he also thinks the bank of good will he has built through regular meetings with community leaders, including Linder, helped keep tempers from boiling over.

"You work your heart off as a police officer building relationships on the front end," he said. "It's a process that is ongoing. It is a daily effort. It is a constant because what you are doing is building the trust and good will and capital that you will need to expend on days like Monday morning."

Margo Frasier, a former Travis County sheriff who works as a consultant for MGT of America, which contracts with local, state and federal government organizations, said she has been impressed by the communication between Acevedo and community leaders and noted the results of that last week.

"You've had some of those folks come out and say, 'Whoa, whoa, whoa, let's let the investigation occur," she said. "I think that hasn't always occurred in the past, and so I think to me it indicates that there is a level of respect and trust."

Learning from incident

Although he is pleased with the performance of officers conducting the investigation and containing the crowd, Acevedo said he wishes that he had created a larger crime scene that would have kept people farther from Sanders' body.

He said he also wants investigators to find a way to more quickly remove a body from a shooting scene in the future. Onlookers complained that Sander's body was at the scene for more than five hours.

"What we are looking for is an opportunity to do things better," Acevedo said.

During the next few months, internal affairs will try to determine if Quintana violated any department policies, including in his tactics. Criminal investigators will seek to learn if he broke any laws during the incident.

Travis County grand jurors will review the case.

Acevedo has said that he hopes to make any decision about discipline against Quintana in the next 60 to 90 days.

"My job is to make a decision based on professional judgment, based on the law, based on policy and based on fact and based on evidence," he said. "When all is said and done, no matter what decisions are made, what conclusions we arrive at, my biggest challenge will be that there will be people who are happy and people who are not."

Mayor-elect Lee Leffingwell said he does not think Acevedo will give into any pressure, either from officers or the community.

"I feel very confident he will be thorough and will try to get to the truth of the situation and that he won't protect or shield anybody," Leffingwell said. "He'll find out what happened and act accordingly."

back to top

05-14-09:
Officer in shooting had '06 suspension reduced
Funeral date set for man who was killed this week.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Thursday, May 14, 2009

An Austin police officer who fatally shot a man and wounded another this week had a 15-day suspension that he served in 2006 reduced to a written reprimand by Police Chief Art Acevedo last year, according to newly released city documents.

Acevedo offered to reduce the suspension involving officer Leonardo Quintana in January 2008, days before an appeal hearing, records show.

According to Acevedo's offer, Quintana agreed to withdraw his appeal. The agreement also said that Quintana would be reimbursed the money he lost during the suspension.

Officers can appeal suspensions after they have served their time off. Any reductions to the punishment are granted for administrative purposes.

Quintana had been suspended after he burst into the home of his girlfriend, also an Austin police officer, without her permission after a fight to retrieve tickets for a cruise, a disciplinary memo said. The memo said his actions constituted a criminal trespass.

City officials said they did not release the agreement Monday — when they released Quintana's personnel file — because the document had been filed incorrectly.

Quintana remained on administrative leave Wednesday in the shooting death of 18-year-old Nathaniel Sanders II. Police have said that Quintana was investigating whether a car that Sanders was sleeping in early Monday was linked to a series of incidents involving gunfire at the complex. Officials have said that Quintana fired after Sanders reached for a gun.

Sanders' funeral has been scheduled for 1 p.m. Monday at Cook-Walden/Capital Parks Funeral Home in Pflugerville.

Sanders' family has hired Austin lawyers Adam Loewy and Carl Barry to represent them.

The attorneys represented the family of Kevin Alexander Brown after he was fatally shot by then-police Sgt. Michael Olsen in 2007. The city later settled a federal lawsuit brought by Brown's family for $1.5 million.

Also Wednesday, an arrest affidavit said police have charged another person with assaulting an officer at the shooting scene. Police say Gregory White, 23, hit an officer.

White was taken to a hospital because he had been pepper-sprayed and had an injury to his left shoulder, according to the affidavit. He was released from the hospital and charged with felony assault on a police officer, which carries a maximum 10-year prison term.

On Tuesday, police charged Sterling Button, 21, with punching an officer in the nose.

back to top

05-13-09:
Police chief hopes investigation will be completed in 60 to 90 days
Acevedo confirms second police car camera at scene not running.
By Tony Plohetski, Isadora Vail and Juan Castillo
AMERICAN-STATESMAN STAFF
Wednesday, May 13, 2009

A day after an Austin police officer fatally shot a man and wounded another, Police Chief Art Acevedo said detectives were moving swiftly to learn what happened and said he hopes the investigation will be finished within three months.

"My goal is to complete this process in 60 to 90 days, and not drag it out for six months, which has been the case in the past," Acevedo said. "When it's all done, we will report back to the community."

The announcement came on a day in which some community leaders continued raising questions about police credibility with the confirmation that a second officer at the shooting did not have a patrol car camera recording the incident.

It also came amid questions about why the body of 18-year-old Nathaniel Sanders II lay at the scene for nearly six hours, further inflaming an already distraught crowd, according to some community leaders.

Acevedo said two of the three Austin police officers at the fatal shooting did not have patrol car cameras rolling at the scene.

He had previously confirmed that the camera in the patrol car of Officer Leonardo Quintana, who fatally shot Sanders and wounded Sir Lawrence Smith, 21, was not running. Acevedo said "significant portions" of the incident were recorded by a camera in the third police cruiser.

According to department policy, officers are required to record all traffic and pedestrian stops, sobriety tests and pursuits. The policy says the videos are crucial to investigations and provide an "unbiased recording" of events.

Acevedo said Tuesday that supervisors routinely perform videotape audits to determine how frequently officers are following the policy.

The department Tuesday did not respond to a request about how frequently officers are disciplined for violating such rules.

Acevedo said he would like to upgrade video technology in patrol cars to ensure that cameras are always activated.

"We have a very antiquated system in that we use a VHS system," Acevedo said. "We are looking for funding to upgrade our technology. If we had digital technology, then the camera would be rolling all the time, and we wouldn't have this malfunction or problem."

Police Monitor Cliff Brown, who is responsible for reviewing police shootings and making disciplinary recommendations to Acevedo, said he is concerned that more cameras did not capture the incident.

"That could be the best evidence in a case like this that could certainly give light on what happened," Brown said. "In most cases, it is going to be beneficial to not only the community, but also to the officer."

Bobby Taylor, an attorney representing Smith, said he also is "very bothered" by the lack of videotaped evidence.

"How can an officer approach a vehicle, which he believed had felons in it, with his gun drawn, and not have his camera on?" Taylor said. "I just want to know the officer's excuse."

The 5 a.m. shooting Monday began when Quintana, an Austin police officer for more than eight years, started investigating whether a champagne-colored Mercedez-Benz in the parking lot of an East Austin apartment complex was linked to a series of gunfire reports.

Acevedo has said that Quintana saw the station wagon in the parking lot of the Walnut Creek apartments at 6409 Springdale Road.

He detained the driver without incident while two more officers arrived at the scene, he said.

Acevedo has said that Quintana then approached Sanders, who was asleep in the back, and that Sanders reached toward a gun at his waist. At that point, Quintana opened fire on Sanders, Acevedo said.

Smith, who was in the front seat, lunged at Quintana, who shot and wounded Smith, Acevedo said.

Smith, who was released Tuesday from University Medical Center at Brackenridge, has not been charged with a crime, his attorney said. It was not known whether the driver was charged with a crime.

Tom Stribling, who is representing Quintana, did not return calls seeking comment.

Several experts in police tactics said Tuesday that many of Quintana's actions appear to be within standard police practice, including waking a sleeping person.

Greg Meyer, a former captain with the Los Angeles Police Department who now works as a use-of-force consultant and expert witness, said officers are generally safest when they engage in a high-risk encounter with backup.

"This guy might have had some burning, compelling reason to do what he did," Meyer said.

He said investigators also likely will seek to determine what was in Quintana's mind when he fired, including what danger he perceived and whether other officers would have responded similarly.

Acevedo said he is concerned about how long Sander's body was at the scene and estimated that it was 51/2 hours.

Officials with the medical examiner's office said they would not release information about the shooting or their response, including what time they were summoned or when they arrived, citing a request from investigators.

Acevedo said he had not yet received a specific timeline of the series of events, including how long investigators gathered evidence at the scene and what time they summoned the medical examiner's office.

However, he said, officials with the medical examiner's office kept moving back their estimated arrival time in 10 minute increments.

"We need to do better, and I'm not putting the blame on anyone," Acevedo said. "When we take a life, we have to be thorough in the investigation, but we have to be respectful of the community and those who are deceased."

The body was uncovered for about three hours awaiting the arrival of officials from the medical examiner's office, law enforcement officials said, before police covered it with a blanket, which police officials said is not typical protocol.

Personnel from the medical examiner's office arrived about two hours later.

"The fact that body is out in the open so long, all it does is create additional problems," said Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People.

"People at the scene said that was a major issue," he said. "It was critical. We're going to have to figure out how the county and the city can't get a body properly moved from the scene."

Linder continued to urge calm among residents, saying that they should wait to form opinions until learning the facts of the case. A handful of protesters marched outside police headquarters Tuesday.

Linder said tempers that had flared after the shooting had begun easing Tuesday.

"Today is more acceptance than anger," he said. "We're more into an acceptance mode that something bad happened here, so how do we go forward?"

back to top

05-12-09:
Officer in shooting had strong record, despite 2006 suspension
Leonardo Quintana was an police employee of the year finalist in 2008.
By Patrick George
AMERICAN-STATESMAN STAFF
Tuesday, May 12, 2009

Despite a suspension in 2006, the officer who shot and killed a man in East Austin early Monday morning was highly decorated in the Austin Police Department, according to his personnel file.

A City of Austin memorandum states that officer Leonardo Quintana was suspended for 15 days in August 2006 after a fight with his girlfriend, another Austin police officer.

The memo says that on April 28, 2006, Quintana burst into the home of officer Lori Noriega without her permission in order to retrieve tickets for a cruise. His actions constituted criminal trespass, the memo says.

Austin police officials said Quintana has received a number of commendations during his 81/2-year career, including a superior service citation, the Commanders' Recognition award in 2007 and the CMT Campaign Ribbon for his service in the department's riot control unit. He was an employee of the year finalist in 2008 and was named the 100 Club of Central Texas Officer of the Year in 2003.

Based on personnel records obtained by the American-Statesman, Quintana consistently achieved high marks during his annual performance evaluations.

In prior evaluations, his supervisor, Sgt. Erin Zumwalt, described Quintana as "the hardest working officer on the shift" and "an asset to the department."

According to a public records search, Quintana has no criminal record.

During the award ceremony for the 100 Club citation, Quintana was called "a police officer's officer," which then-Chief Stan Knee said was "most appropriate," according to his file. An evaluation from early in his career said Quintana is "extremely motivated ... for a very young officer (and) shows a real knack for police work. He is always at the right place at the right time."

His superior service citation stems from a March 2005 incident during which Quintana responded to a shooting at Sam Rayburn Drive in North Austin.

A male victim had been shot three times by suspects who fled the scene, and Quintana identified their rental car left in the parking lot as belonging to a possible gang member, according to a memorandum in his file.

Quintana turned on his patrol car camera to interview, the memo said. From that interview, police were able to locate the weapon used in the shootings, the memo said.

"This prevented the suspects from disposing of the gun later," the memo said. "Officer Quintana should be commended for his involvement in this call."

Austin Police Association Vice President Cpl. Mike Bowen said Quintana's reputation in the department is that of a hardworking officer who takes much pride in his work.

"Our officers don't go to work wanting this to happen," Bowen said of Monday's shooting. "It's just part of our job."

back to top

05-09-09:
Man fatally shot by police officer
Another man wounded as shootings spark explosive reaction by some apartment
residents.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Tuesday, May 12, 2009

An Austin police officer fatally shot a man and wounded another early Monday in an apartment complex parking lot, setting off an explosive reaction by some residents who hurled bottles and other objects at investigators and shattered windows of patrol cars.

Officials are still investigating the series of events that prompted Senior Police Officer Leonardo Quintana to fatally shoot 18-year-old Nathaniel Sanders II shortly after 5 a.m. Quintana also shot Sir Lawrence Smith, 21, wounding him, during the incident outside the Walnut Creek Apartments at 6409 Springdale Road in East Austin.

The shooting of two African Americans renewed questions about how Austin police use deadly force, particularly against minorities. Federal officials have investigated that concern and in January released a set of recommendations to the department.

The shooting Monday brought a swift and angry reaction from residents of the apartment complex and other onlookers, as well as a rapid response from city officials who called for calm and patience amid the anger and frustration.

Police Chief Art Acevedo said Quintana had been looking into whether a champagne-color Mercedes-Benz station wagon occupied by Sanders, Smith and a third man was linked to a series of recent incidents involving gunfire at the apartment complex.

Acevedo said Quintana first arrested the driver of the Mercedes-Benz, who is also African American, without incident. After returning to the car, Quintana noticed that Sanders, who had been asleep in the back seat, had a handgun, Acevedo said. He said Quintana opened fire after Sanders reached for the weapon.

The shots awoke Smith, who lunged at Quintana, and the officer fired again, Acevedo said. Smith was taken to the University Medical Center at Brackenridge and is expected to make a full recovery, according to officials.

Sanders, who had attended Travis and Akins high schools, died at the scene.

He had been arrested Thursday on a charge of robbery by assault and released on bond from the Travis County Jail. He also was serving a form of probation related to a 2008 arrest for possession of crack cocaine, according to court records.

"Obviously, this investigation is going to be ongoing," Acevedo said. "It will last weeks. It is important that anyone who saw the shooting come forward."

It was unclear whether anyone witnessed the shooting.

Acevedo said that although he has questions about what happened, it appeared based on a preliminary review of the facts that Quintana's actions were lawful.

Acevedo has concluded after other incidents, including the 2007 shooting of Kevin Alexander Brown by then-Sgt. Michael Olsen, that though the shootings might have been legal, officers demonstrated poor judgment and tactics. Olsen was later fired based on those findings.

Acevedo confirmed Monday that Quintana's patrol car video was not running at the time of the shooting, though it was unclear why not. Officers are generally required to videotape all stops, according to department policy. In most circumstances, a patrol car camera automatically begins recording when an officer activates the overhead lights in the cruiser.

Acevedo said the shooting was recorded by a camera in at least one of three police cruisers at the scene.

He said he did not yet know whether the third camera was working at the time.

Quintana, who has been an Austin officer for more than eight years, has been placed on administrative duty, which is standard after such shootings.

According to his personnel file, he has received numerous commendations during his career but was suspended for 15 days in August 2006 after officials said he got into a fight with his girlfriend and forced his way into her home.

Residents, onlookers vent their fury

The shooting sparked outrage among dozens of residents and onlookers outside the apartment complex, many of whom spilled into the parking lot before dawn wearing their pajamas.

By 9 a.m., residents had begun yelling obscenities and statements such as "You're killing our children" and throwing bottles, rocks and other objects at officers and their patrol cars.

Officers donned riot gear at one point, and several were seen with shotguns.

Officials said the windows of eight police cars were smashed, and several officers suffered minor injuries, including a motorcycle officer who was punched in the mouth. Acevedo swatted away a thrown object before it hit him.

Police said they arrested three people who will be charged.

Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People, condemned the behavior of some onlookers and called it "embarrassing."

"At this point, nobody wants to hear the facts," Linder said. "If we find out it was wrong, we're going to hold people accountable. But right now, this is unacceptable."

Other city officials, including City Manager Marc Ott and Police Monitor Cliff Brown, also visited the shooting scene in an effort to ease escalating tension.

During an afternoon news conference at City Hall, Mayor Will Wynn, City Council members and other officials called on residents to remain calm.

In a separate interview, Wynn said the most immediate task of city leaders is to engage community representatives and listen to their input.

"We all need \u2026 to calm some pretty raw emotions," Wynn said. "But I do anticipate a lot of community dialogue over the next few days, weeks, maybe months."

City officials said during the news conference that the shooting would be investigated by Austin police detectives, who will seek to determine through separate inquiries whether Quintana violated department policies and whether he might have violated any laws.

The shooting was among several in recent years that led to community tensions, particularly among African Americans, and prompted an investigation by the U.S. Department of Justice into possible civil rights violations.

Previous controversial incidents include the June 2005 shooting of Daniel Rocha, who was Hispanic, by white officer Julie Schroeder, who was later fired for her actions.

The Justice Department this year released its findings and issued numerous recommendations to the department, including how to improve reviews of incidents in which officers use force and to ensure supervisors and others are properly evaluating such encounters.

Police have said they are working to put those recommendations in place.

Investigation leads police to complex

On Monday, Acevedo and other officials provided some details about what led to the latest shootings, but many questions remain.

Acevedo said that on Friday, police began investigating an aggravated robbery in which a victim was shot. That investigation — details of which were not available Monday — led authorities to the apartment complex, where they were looking for a white van thought to have been involved in the robbery.

While police were on the apartment property, Acevedo said, residents told them about occupants of a Mercedes-Benz station wagon who had recently been firing shots into the air.

Before dawn Monday, Quintana spotted the station wagon and approached the driver, officials said.

Authorities said it is unclear whether the driver was asleep at the time.

Officials said that Quintana detained the driver, whose name was not released, without incident and that two additional officers arrived at the scene about that time. Police have not identified the backup officers.

Acevedo said Quintana then approached Sanders, who was asleep in the back seat and that Sanders "made a movement toward a weapon." At that point, Quintana told fellow officers that a subject was armed, and opened fire.

Smith, who was in the front passenger's seat, lunged at Quintana, who shot and wounded Smith, Acevedo said.

Nathaniel Sanders, whose son was killed, said that Acevedo personally told him about the lack of video and that he is particularly disappointed by that lack of evidence.

"My reaction was, definitely not good and definitely not positive about the Austin Police Department," he said. "Like I explained to the chief, it is just hard that in these situations, the camera not be working. We can't get proper disclosure by it not working."

Other controversial shootings in recent years also were not recorded with patrol car cameras.

Schroeder, who killed Rocha, had not activated her camera. Sgt. Don Doyle, who got involved in a struggle between Schroeder and Rocha, had not placed a tape in his recorder.

The 2003 shooting of Jesse Lee Owens, an African American, by white officer Scott Glasgow also was not videotaped.

Cpl. Mike Bowen, vice president of the Austin Police Association, would not address questions about whether he thinks Quintana acted appropriately.

"Every aspect of this incident will be scrutinized by those within and outside the department," Bowen said. "It would be highly irresponsible for myself or anyone else to speculate at this time concerning the officer's response to the events.

"Anytime a loss of life occurs, there is a sadness for the deceased, his family and for the officer involved and his family," he said.

Austin police fatal shootings

• Aug. 27, 2007 - Officer Michael Metcalf killed Malcolm Thomas Smith, who
was wielding a knife and raised it when police told him to put it down.
Metcalf was cleared of wrongdoing.

• June 3, 2007 - Sgt. Michael Olsen killed Kevin Alexander Brown, who was
fleeing officers who had been told Brown had a gun outside of Chester's Club
in East Austin. Olsen was later fired for his actions.

• June 9, 2005 - Daniel Rocha, 18, was killed by officer Julie Schroeder
during a traffic stop. Rocha was a passenger in a vehicle that had just left
a house that police had under surveillance because of suspected drug
activity. Schroeder was fired by then-Chief Stan Knee. In December, the
Austin City Council voted to pay $1 million to settle a lawsuit brought by
Rocha's family.

• June 14, 2003 - Jesse Lee Owens was killed by officer Scott Glasgow during
a traffic stop in East Austin. In 2006, a federal investigation found that
Glasgow did not violate Owens' civil rights. Knee suspended Glasgow for 90
days for violating department policies concerning good judgment in the
confrontation.

back to top

05-09-09:
Austin police creating lineup policies
Could help lower wrongful convictions
Updated: Friday, 08 May 2009, 10:41 AM CDT
Published : Friday, 08 May 2009, 10:41 AM CDT

AUSTIN (AP) - Police are creating their first written photo lineup procedures in light of cases across the state and nation in which questionable actions led to wrongful convictions.

Officials are reviewing case studies, scientific data and the policies of other police agencies to learn the best practices for photo lineups.

Austin Police Chief Art Acevedo said the policies will protect the integrity of investigations and strengthen the department's position in criminal proceedings.

The new policies should be enacted in the next several months.

A report from the Justice Project , a nonprofit working to improve accuracy in the criminal justice system, said faulty eyewitness identification played a role in more than 75 percent of the 223 exonerations using DNA in the country.

AMERICAN-STATESMAN STAFF back to top

05-09-09:
Acevedo nixes shift rotations for officers
Measure brought outcry from officers, union
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Saturday, May 09, 2009

Austin Police Chief Art Acevedo has scrapped a new policy that required the department's 600 patrol officers to rotate shifts every three months, saying that it was too disruptive to the officers and their families.

Acevedo made the announcement during a Thursday night meeting with the Austin Police Association, which had vigorously protested shift rotations. Officers broke into applause.

"One of the things I've really learned about our department is that our folks really, really value family, and to an extent, that makes us a very unique organization," Acevedo said Friday.

Acevedo announced in August 2007, a month after he took over as chief, that he wanted officers to rotate among day, evening and night shifts four times a year. The measure immediately led to protests from the union and prompted Acevedo to delay the plan for more than a year.

Acevedo had put the policy in place March 1, saying that shift rotations would give officers a broader understanding of their patrol areas by allowing the officers to see them at different times.

He said he also he thought that it was important for officers to learn the names of neighborhood residents, who might be working or sleeping when officers are on duty.

"I think we've accomplished that" in the past two months, Acevedo said.

Officers have said that the shift rotations created havoc in their lives. Some have had to send their children to day care for the first time; others said the rotations made it impossible for them to enroll in college classes to complete degrees.

Cpl. Mike Bowen, vice president of the Austin Police Association, said some officers also lost a $300-a-month stipend for working night shifts when they rotated to days.

Acevedo said officers will return to their previously assigned shifts at the end of June. However, he said he and supervisors might continue to move some officers "based on individual and operational needs."

Bowen said officers are relieved.

"The work force has been very upset and not happy with it," Bowen said. "The association is glad to see that the chief has listened to the work force."

AMERICAN-STATESMAN STAFF back to top

04-26-09:
Police detectives to investigate around-the-clock
Officials hope move will increase number of solved crimes.
By Tony Plohetski

AMERICAN-STATESMAN STAFF

Sunday, April 26, 2009

Beginning today, the work of some Austin police detectives will no longer be limited to mostly daytime hours.

Police officials have assigned a group of about a dozen investigators citywide to be on duty almost 24 hours a day, seven days a week, to look into crimes such as aggravated assaults, car and home burglaries, and vehicle theft.

Among the department's dozens of units, only those who investigate homicides and armed robberies have detectives on duty 24 hours a day. A few detectives, including those who work in the sex crimes unit, are on call 24 hours a day.

Officials hope that by having moredetectives personally respond to calls — only patrol officers have typically done so — and more quickly begin an investigation, the number of solved crimes will increase.

"We want to really maximize the efficiency and effectiveness of this department when it comes to fighting crime," Police Chief Art Acevedo said. "We continue to do more with less, and we on a daily basis demonstrate our collective commitment to the safety of this community."

For years, the work of mining a crime scene for forensic evidence or conducting preliminary interviews with witnesses was mostly left to patrol officers, who generally have no expertise in those areas.

Most detectives have worked daytime hours, picking up cases from patrol officers hours — or sometimes days — after a crime occurred. The detectives were then responsible for following up with potential witnesses, reviewing forensic evidence and determining whether a suspect could be charged.

Police officials said the current arrangement means thatdozens of types of crimes do not receive a detective's review for 24 hours or more.

This year, officials reviewed how often crimes are solved and found that of 307,482 cases investigated by general detectives from 2004 to 2008, only about 29,847 — about 10 percent — resulted in an arrest. General detectives investigate an array of crimes, excluding homicide and sexual assaults, among others.

Police officials are pulling detectives for the night duty from among nearly 70 who investigate general crimes throughout the city.

The department has about 250 detectives overall, most of whom work in specialty units.

Austin police detectives will remain on duty until about 4 a.m., leaving only about two hours each day without any on-duty general detectives.

Police union officials said most of the detectives who have been assigned to the new shifts volunteered. They will receive about $300 more per month for working at night, but officials said that cost should be offset by the decrease inhow often detectives from specialty units are called to duty, which results in overtime.

Austin Police Association Vice President Mike Bowen said that having detectives on duty at night "can't hurt."

"Ultimately, we need more detectives," he said. "I think this would be a wonderful plan if we had 25 more detectives than what we have now."

Bowen said he is not aware of any other major Texas police departmentsthat have general detectives on duty round-the-clock.

John Neal, first assistant Travis County district attorney who is familiar with the department's plan, said, "I don't think that there is any question that them having a detective on the ground 24 hours a day will help their investigations. They will get better cases. I think it is an excellent idea."
back to top

04-17-09:
APD specialty units might get tapped for patrols
Police would put plan in place if number of open patrol spots hits 75.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Friday, April 17, 2009

Austin police officials have developed a plan to cover vacant patrol slots during the next 10 months that could mean plucking officers from certain units ? including the motorcycle unit and SWAT ? and temporarily returning them to the street.

According to what police officials described this week as an emergency contingency plan, the reassignments would not occur unless the number of open patrol positions reaches about 75, which they say probably won't happen until next year ? if at all.

The department has 19 patrol vacancies and loses an average of four officers a month to retirements and resignations.

"We are looking at the future and trying to develop contingencies for worst-case scenarios," said Assistant Police Chief David Carter, who is the department's chief of staff. "We want to have a plan in place, whether that plan is needed this year, next year or sometime in the future."

About 200 officers from 13 divisions could face reassignments to the street under the plan, which was finalized Thursday.

The move comes after department and city officials earlier this year decided to delay a police cadet academy scheduled to begin in March until September as part of nearly $5 million in department budget cuts. City Manager Marc Ott asked all city departments to whittle about 2 percent of their budgets as part of $25 million in cuts citywide.

Department officials estimate that they are saving $1.4 million by putting off the cadet class. But without new rookies, officials said, more patrol vacancies are likely.

Carter said commanders evaluated each of the department's units, the number of officers in each and how critical their positions are.

According to the plan, divisions with the most officers would provide the largest number for patrol. Detectives, who make up the majority of some units, were exempted.

The department would draw its first couple of officers from the highway enforcement division ? which has 83 officers and includes the anti-drunken driving and motorcycle units ? followed by the special events unit, which has 31 and would provide two officers initially.

Department officials did not have a breakdown Thursday of the total number of officers who could be drawn from each unit but said the total was 201.

They said they placed limits on the number of officers to be tapped from certain units. For instance, the DWI unit would not lose more than four of its 14 officers, and the 16-officer SWAT team wouldn't give up more than two.

Carter said some units ? including the bomb squad and the unit that protects political leaders and dignitaries ? are exempt either because there are too few members or because each of their jobs is critical.

The crisis intervention team, which has six officers and handles mental health cases, will lose a maximum of two officers, according to the plan.

Carter said the officers who are reassigned to patrol duties would probably return to their jobs once the cadet class graduates.

"It's a broad framework, to pull and draw from in an emergency so that we don't have to suddenly invent a plan," Carter said.

Sgt. Wayne Vincent, president of the Austin Police Association, said using officers from other units for routine patrols "is absolutely not ideal."

"The best course would be to have gotten that cadet class," he said.

Affected divisions

Austin police officials have come up with a plan to draw officers from 13 divisions in coming months if they are needed for routine patrols. Below is the list of divisions, in the order they'd be tapped, and total number of officers. Some divisions are staffed by detectives, who are not part of the plan.

Highway enforcement 83

Parks and special events 31

Central bureau support 29

North bureau support 28

South bureau support 28

Organized crime 25

Special operations 16

Marketing/recruiting/outreach 15

Strategic command 5

Internal affairs 1

Property crimes 1

Violent crimes 6

Training 16

back to top

03-06-09:
Who earns what in city pay
Hundreds earn six-figure salaries with overtime, bonuses.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Thursday, March 05, 2009

Nearly 500 Austin employees, from City Manager Marc Ott to water department engineers, have salaries that top $100,000, a number that nearly doubles when overtime, bonuses and other stipends are factored in, according to records obtained Wednesday.

Workers whose overtime and extra pay put them over six figures last year included a code enforcement inspector whose earnings soared to $157,192 from a base pay of $51,002, an Austin police officer whose $61,443 base salary increased to $114,943 and a paramedic whose pay went from $52,191 to $114,398, documents show.

There were 433 workers who earned $100,000 because of overtime and other pay; nearly 75 percent were police officers, firefighters or paramedics.

What city employees earn ? and whether some should face salary cuts ? has become a source of debate among some City Council members this week as officials look to chop $20 million from the city's budget.

About 450 city workers earn $100,000 or more in base pay. City Manager Marc Ott said Wednesday night that he is not yet prepared to begin cutting those salaries. That number would include 111 Austin Energy employees, 92 police officers, 43 firefighters and 30 in the water utility department.

However, Ott said city executives and others could face such reductions in coming months.

"It is not off the table," he said. The economic situation "may require me to do that in the current fiscal year. It just depends on the revenue that comes in, and in particular, the sales tax revenue."

In a memo to Mayor Will Wynn and council members sent Wednesday night, Ott said he had conducted an analysis of possible savings through salary cuts. The memo said that a 5 percent reduction for employees who have a base salary of $100,000 or more would reduce costs in the range of $1.2 million to $1.4 million.

The amount of overtime spent citywide also has raised questions about whether the city could have saved money by hiring new employees instead.

Kristie Loescher, a lecturer in the management department in the McCombs School of Business at the University of Texas, said providing employees opportunities to earn overtime often can boost morale and save employers costs in training and benefits to new workers.

Generally, she said, overtime costs should trigger new hiring if they exceed about 10 percent of an organization's salary budget.

It could not be determined Wednesday night whether any city departments exceeded that amount.

Ott said that managing overtime, particularly among public safety agencies, is often difficult.

Patrol and firefighting shifts generally must be filled, even when officers or firefighters call in sick or have other unexpected absences.

However, Ott said he was alarmed earlier this year when he learned that the Austin Fire Department would exceed its $4.5 million overtime budget.

The department has been working in recent months to curtail overtime spending. In December, officials began giving higher priority to overtime assignments for firefighters with lower pay grades.

Fire Chief Rhoda Mae Kerr said she also has been working to reduce overtime through measures such as putting some staff firefighters back on duty.

Austin Police Chief Art Acevedo said his department is "very judicious" in its use of overtime dollars. He said he has saved the city millions of dollars by eliminating the 80 percent staffing policy ? which meant eight of every 10 officers on a shift had to be on duty ? and replacing it with a program that uses overtime dollars to target crime hot spots and the department's operational needs.

"In the case of my employees, when they make overtime dollars, they earn it," Acevedo said.

The department has an overtime budget of $9.5 million and has spent about $3 million. In addition to city-paid overtime, officers receive equivalent pay for working off-duty employment, which does not come from city funds.

City Council Member Mike Martinez, the former president of the firefighters union who was among city officials to initially suggest salary cuts, said Wednesday that he was doing so to generate conversation about how to prevent a possible staffing change in the fire department.

Martinez and others had raised concerns about a plan by Ott in which three firefighters instead of four would staff some fire engines at certain times.

Martinez said that he has since discussed other possible budget cuts in the department with Ott that would prevent the staffing changes. He said he thinks salary cuts are no longer "necessary at this point."

Council Member Brewster McCracken, who is running for mayor, said he thinks all city departments should share in trimming from the city's overall budget.

"Many people, myself included, believe we need to plan for steeper budget cuts coming ahead," he said. "I believe that we have a significant risk that the budget situation will deteriorate. If that happens, we are going to have to have public safety unions share in the salary sacrifices."

Council Member Randi Shade said she would consider salary cuts in the future, depending on the economy. She said she would want more information before making a decision, including the number of people who would be affected and the possible savings.

"I think tough situations require that everything and anything be on the table," she said. "I wouldn't rule this out somewhere down the road. I certainly hope that we don't have to get to that place." back to top

03-02-09:
McCracken and Leffingwell debate on public access TV
By Sarah Coppola | Saturday, February 28, 2009, 03:58 PM

Mayoral candidates and council members Brewster McCracken and Lee Leffingwell took part in their third debate of the week today, a Q&A with Pam Thompson and Peggy Vasquez, both hosts of public-access TV programs. Candidate Carole Keeton Strayhorn skipped this forum and the others, saying she had previous commitments.

A few topics that came up:

Single-member districts. Right now all 7 council members represent the whole city. Leffingwell said he’d prefer a system in which some council members represent smaller districts, because Austin has grown too big for council members to address needs and issues all over town. McCracken favors keeping the council as is, saying district systems often disintegrate into turf wars and ward politics.

Stimulus money. Leffingwell said it should pay for infrastructure, such as road repairs and erosion control in creeks. McCracken said he wants to invest it in clean energy initiatives, such as solar technologies and programs to train workers in green-collar jobs.

City budget cuts. McCracken said if more cuts are needed, he’d prefer freezing the wages of all city workers, including police officers (whose pay is dictated by a contract) and council members. Leffingwell said he’d prefer cutting 10 percent from the salaries of council members and executive-level staffers before freezing other workers’ pay or wading into renegotiating the police contract.

Posting a daily calendar online of folks they meet with as mayor. Both seemed open to this idea. McCracken said some meetings would have to be kept private, such as personnel matters. Leffingwell said it would drain staff time because the city doesn’t have the technology yet to post up-to-the-minute calendars easily.

A new water plant. Both indicated the plant should be built, though activists say it’s not needed because water conservation efforts have been successful. McCracken noted that the city has to plan for infrastructure needs 10 to 15 years in advance. Leffingwell said the city should build the plant’s first phase, which will produce 50 million gallons a day, then decide if more water and other phases are needed.

back to top

03-02-09: Reinventing the DPS culture
Texas state police agency needs higher pay and a different culture.
Sunday, March 01, 2009

A recent report that an undisclosed number of Texas state troopers had been hired after failing a polygraph test during their background checks was only the latest indication of the deep-seated troubles at the Department of Public Safety.

Members of the Public Safety Commission that oversees the department expressed shock and outrage that troopers were hired after failing a polygraph or admitting to past criminal behavior. Admittedly, a lie detector is a flawed piece of machinery, and past criminal behavior could be shoplifting once as a kid. Neither demands automatic dismissal. But the information shared at a commission meeting last month is an indication of how difficult it is for the department to find good recruits.

DPS is struggling with numerous problems that came into harsh light after the Governor's Mansion was set on fire by an arsonist last year while being guarded by DPS troopers. A review of that disaster found an understaffed department with calcified leadership and severe management failings. As a result, the 152-year-old mansion was nearly destroyed and faces rebuilding costs estimated at $27 million.

The report on the mansion fire found DPS failing in every aspect of security — training, personnel, equipment, procedure and supervision. And every report since then has been critical of DPS from top to bottom.

Problems with the department, one of Texas' most important and vital agencies, begin with pay. Troopers are underpaid compared with officers in urban police departments. A trooper's base pay of $38,000 a year compares with $45,500 in the Travis County Sheriff's Office and $49,000 for an Austin police officer.

The lower pay also makes recruiting and retention more difficult. The best and brightest are plucked by departments in the larger cities and counties.

Morale is low because promotion within the department is based on an outdated model. If a trooper has passed the sergeant's exam, he or she must go where a sergeant vacancy exists. That can mean a choice of uprooting the family or turning down a promotion.

Commissioners recently relaxed a rule that says troopers must live within 20 miles of their duty station by extending that to 30 miles to improve morale.

Commission Chairman Allan Polunsky said last fall that he is determined to update an agency hampered by a management model from the 1950s with its confused lines of authority, lagging technology and bureaucratic confusion. There is plenty of work to be done.

DPS needs to be reinvented. Various studies have said the department should shed its non-police functions, including driver's license bureaus and car inspections. It needs streamlined management, clear lines of authority and a sweeping reorganization.

Reinvention begins with raising standards — and pay — for troopers. Texas cannot have a premier state police agency on the cheap. As long as DPS pay remains so far below a metropolitan police department's, morale will remain low and recruitment a problem.

Beyond pay, the highest hurdle in reforming the department has been changing a culture that resists change. DPS needs new blood, new leadership and a new perspective if it is going to rise rather than continue to fall.

That's a challenge for the Public Safety Commission and the Legislature.

back to top

02-17-09: Some Austin police buying suspension insurance
Union looking at group rate with Austin-based company.
By Tony Plohetski
AMERICAN STATESMAN STAFF
Tuesday, February 17, 2009

Several Austin police officers, fearful that a misstep on the street will result in an unpaid suspension, demotion or firing, have begun taking out insurance policies to protect themselves from a potential monetary hit.

Police union representatives are discussing extending such coverage to each of its 1,500 members through a program with locally operated Advocate, MD Insurance of the Southwest Inc.

Austin fire union representatives also are in preliminary conversations with the insurance company, which is offering similar policies to firefighters.

"Gone are the days where officers believe they are immune from some kind of discipline that is going to financially devastate their families," police union President Sgt. Wayne Vincent said. "It can happen to any officer."

Advocate received state permission in September to begin selling the policies to police officers, firefighters, state troopers, sheriff's deputies and paramedics, and has since sold several dozen across Texas. Company officials said they began marketing the policies in Austin a couple of months ago and have issued about two dozen here.

More officers have expressed interest in the insurance but said they are waiting to sign up pending any negotiations between the union and the company, officials for both said.

Officers who buy the insurance pay about $17 a month for a policy that will reimburse them as much as $10,000 if they are suspended without pay or fired for certain infractions.

The insurance would cover financial losses for more routine suspensions, which result from incidents such as minor patrol car accidents, tardiness or rudeness, but could not be used in situations in which officers' actions injure a person or in which they knowingly violate the law or demonstrate "intentional wrongdoing."

For example, the policies would not cover officers suspended for drunken driving, drug use or excessive use of force, company officials said.

Austin police Detective Anthony Nelson saw a company ad on the Austin police union Web site recently: "Suspension without pay? Are you ready? Don't let a suspension ruin your financial stability!"

Nelson, who has never been suspended, thought briefly about buying a policy and then signed up.

"I decided I needed it," said Nelson, who works in the department's organized crime division. "Even honest mistakes, mistakes of slight judgment, can get you time off. I have to protect my family."

Police Chief Art Acevedo, who has suspended 39 officers and fired five others since taking over in July 2007 , said he isn't bothered by officers who want to pursue the coverage.

"When you have a profession such as the law enforcement profession where you are making split-second decisions that are subject to scrutiny, I think it would be prudent for people to look at insurance to ensure their financial survival in the event that they lose their jobs," Acevedo said. "I wouldn't fault them for that."

Fire Chief Rhoda Mae Kerr, who took over the department this month, said, "Who is going to buy the policy unless they know they are troublemakers? They anticipate getting in trouble."

Debbie Russell, president of the Austin chapter of the American Civil Liberties Union of Texas and a frequent police critic, said she thinks officers have a right to protect themselves financially. However, she said, she is concerned about the insurance purchase.

"I'm not sure if that is a good message for them to send, as if they are expecting to be fired or suspended," she said.

Advocate officials, who formed the company in 2003 and have historically specialized in malpractice insurance, said they began developing an insurance program for public safety workers in 2007 after a former El Paso police officer came to them with the idea. Advocate, which had about $50 million in assets in 2007, according to a state insurance department Web site, is underwriting the policies.

Chief Operating Officer Steve Loranger said company officials found no other U.S. businesses that offered similar policies — several insurance and law enforcement experts also said they had never heard of such plans — and that they saw the business potential.

Loranger said he thinks the number of clients will increase in coming months, particularly as company officials introduce themselves to unions in major Texas cities. He said contracts with unions would be more lucrative for the company, ensuring a larger pool of clients, many of whom will probably never be suspended.

According to Loranger, officers or other clients who purchase the policy would generally pay a monthly premium of $17. However, those who belong to a union under contract with Advocate would have their rates calculated using a formula that includes their disciplinary histories and where they work, Loranger said. Those rates would not exceed $17 a month.

Officers in some cities whose departments have higher suspension rates, including Austin's, would pay slightly more than their counterparts in other cities, Loranger said.

Austin police officer Bryan Pietrowski, who has been an officer for four years and patrols in Central East Austin, said he recently learned about the policies and plans to buy one.

"I work on the street, and I plan on being on the street for a long time," he said. "If I have one little incident and it is perceived that I did something wrong, I am out of a paycheck. I'd like to have that financial safety net to help get me through." back to top

02-11-09:
APD to implement cite & release program

09:39 AM CST on Wednesday, February 11, 2009

By NOELLE NEWTON
KVUE News

Austinites caught for some crimes may no longer be arrested and sent to jail. Austin Police announced they will start a cite and release program in less than two weeks.

An estimated 61,000 people came through the Travis County Jail last year, each one escorted by an officer.

“On a busy night, Friday, Saturday night, an officer may be waiting in line to process an inmate and sometimes that can take three or four hours,” said Major Darren Long, a jail administrator for Travis County.

Long says those officers could be spending on patrol. It was the reason for the passage of House Bill 2391 in 2007. It gives officers the option to forego the handcuffs and issue citations for misdemeanors like possession of marijuana, thefts and graffiti. Those given citations will face the same punishment for their crimes, but they will be responsible for going through the booking process on their own at a later date.

The Travis County Sheriff's Office started the process a year and a half ago.

"Over 80 percent are coming in and taking care of it like they're supposed to," said Long.

Austin police come on board February 22. Long says the city stands to see the biggest benefit since 72% of all jail intakes come from APD. The department estimates it will be one to two thousand less arrests per year.

"They get to get back into their patrol car and continue their routine patrol and responding to high priority calls," Long said.

back to top

02-11-09:
To save costs, Austin police detectives to patrol during some major events
Department experimented with plan last year and says it saved overtime costs.
By Tony Plohetski
AMERICAN-STATESMAN STAFF
Wednesday, February 11, 2009

Austin police officials plan to begin routinely drafting detectives, including homicide and sexual assault investigators, to patrol city streets during events such as Mardi Gras and the Texas Relays in an effort to slash overtime costs.

According to the plan, detectives will substitute for dozens of regular patrol officers, some of whom will shift from their normal positions to provide security along Sixth Street and other downtown areas for the special events.

Officials estimate the effort, which has triggered concern among police union representatives, could save the city several hundred thousand dollars each year in overtime pay.

The department has traditionally hired off-duty patrol officers to fill such shifts.

"When you are part of a police department that is part of a city and part of a nation that is facing the economic challenges we are facing, we have to stretch the budget dollar, and that is part of what we are doing," Police Chief Art Acevedo said Tuesday. "We are proactively taking measures to position the department to withstand this economic downturn and maximize our potential."

The department, on a trial basis, used detectives to fill some regular patrols on Halloween, when it reported saving $51,736 in overtime, and on New Year's Eve, when the overtime savings were $34,411.

Acevedo also announced this week that he will cut the number of commanders by three during the next couple of months through attrition, from 22 positions to 19.

Assistant Police Chief David Carter, the department's chief of staff, said officials will reclassify the jobs to make them more front-line positions. Carter said the changes will result in a savings, but he didn't have an estimate.

The changes come during a citywide effort to slash expenses and possibly cut this year's budget. The city already has frozen hiring and major pay increases.

City Manager Marc Ott late last year asked department heads to draft a list of possible cuts that would total $15 million — about 2 percent from each city department — from the $621 million general fund. City Council members will review the options in a special meeting today.

Acevedo last year proposed about $5 million in possible cuts that included delaying a cadet class or forgoing certain crime-fighting initiatives, but he had not suggested using detectives as patrol officers or cutting the number of commanders.

Police officials said that in addition to reducing overtime, the department will receive other benefits by requiring detectives to work patrol shifts during special events. Those who are out of practice will get to brush up on skills, including how to use mobile patrol car computers.

"Every police officer in this department spent time on the street," Carter said. "It puts them in touch with their roots, and it may reacquaint them with issues officers face on the street."

However, police union representatives said they have concerns about the plan.

Sgt. Wayne Vincent, the union president, said detectives will be pulled away from cases for a day or possibly two. "You just can't take work force away from their work for a two-day period of time and not expect that work to suffer," Vincent said.

Vincent also said some detectives haven't worked on the streets in years. He said others lack necessary equipment, including Taser stun guns because they did not undergo Taser training when the department purchased the weapons in recent years.

Vincent did not have a breakdown of the last time each detective worked a patrol shift or how many have not been issued Tasers.

According to plans, the department will use about 30 to 40 detectives to fill vacant patrol positions during Mardi Gras festivities this month and the Texas Relays in April, replacing officers who will provide downtown security.

Most officers who will be required to work downtown are members of the department's special response team, which has about 200 officers who provide crowd control during special events.

Officials are considering a list of other events during which detectives might patrol city streets, possibly again including Halloween and New Year's Eve.

Under tentative plans, each department division would supply an equal number of detectives so that no unit experienced a greater detective absence. Commanders and other supervisors would be responsible for selecting detectives for the patrol assignments.

City Council Member Lee Leffingwell, who has received police union support in his mayoral campaign, said he hadn't been told about the plan. "I want to listen to both sides of it," he said. "Obviously, we want to scrutinize everything that has to do with saving money."

City Council Member Mike Martinez said he wonders what impact having detectives not working cases for a day or two will have, if any.

However, he said, "We have to give (Acevedo) every opportunity to see if this proposal will work. I think it is way too early to just start taking things off the table."

back to top

01-08-09:
Speaking on behalf of the Austin police union
Police union president Wayne Vincent says department should be spared budget cuts as he answers our questions.
Thursday, January 08, 2009

Wayne Vincent, 52, of Kyle took over the helm of the Austin Police Association on Jan. 1 after being elected president of the union in November. He joined the department in 1985 after working as a deputy jailer in his native Kentucky. Vincent earned a bachelor's degree in police administration in 1981 from Eastern Kentucky University . He currently holds the rank of sergeant, and has spent most of his police career patrolling Austin streets. The following are excerpts of answers that Vincent provided in writing to American-Statesman editorial writer Alberta Phillips:

--------------------------------------------------------------------------------

What are your top three goals for the Austin Police Association?

1) Effective advocacy with management for the officers we represent must be a top priority. Our department has recently undergone rapid change in structure and policy. Our association must find a way to ensure that the working cops who implement these changes and abide by these policies have a chance to participate in their creation.

2) Over the last several years, the men and women who patrol the neighborhoods have endured a barrage of negative media. The association must facilitate face-to-face contact between these officers and the citizens they protect in an effort to promote an understanding of how dedication and heroism is demonstrated daily by those officers in the performance of their duty.

3) There are hidden hazards to health and career unique to the law enforcement officer. Our association must enhance its capabilities to provide full legal, emotional and professional support to officers in times of crisis.

--------------------------------------------------------------------------------

In the past, the APA has been engaged in community activities to promote good relations with Austin residents and build trust. Will the union continue those activities?

All ongoing participation in community activities such as Blue Santa, Special Olympics and others will continue. In addition, we will initiate a Police Association speaker's staff that will reach out to groups all over Austin. Its purpose will be to present the role of the Austin officer within the community ... from the perspective of the officers themselves.

(Also) a public awareness campaign aimed primarily toward the youth concerning the dangers to officers and citizens when violent resistance is chosen by those the police contact. There are a number of proven and effective systems to address police grievances, and physical resistance is not one of them.

--------------------------------------------------------------------------------

Tell us a little about the APA, who its officers are, their rank, gender and ethnicity and efforts to be inclusive.

The Austin Police Association is a reflection of the Austin Police Department itself in terms of the diverse ethnic and gender makeup. More than 95 percent of Austin police officers are members of our association. We include all ranks in our organization, from first-year officers to the chief himself.

--------------------------------------------------------------------------------

What would you like Austin residents to know about the men and women who keep the peace, police our neighborhoods and roads and investigate and work to prevent crime?

These men and women are among the most qualified, educated and dedicated public servants in the nation. Compare by any measure you desire, be it crime statistics, use of force incidents, etc., and you will find we rate quite favorably to other cities of comparable size and population.

--------------------------------------------------------------------------------

What are the biggest hurdles in police officers doing their jobs?

One of the biggest obstacles to the performance of duty is the national trend of creating policies designed to punish an officer for a split-second decision if that decision is deemed in hindsight to be wrong. Ask most officers, and they will tell you they are more afraid of these policies ending their career than they are of getting injured by a suspect.

--------------------------------------------------------------------------------

Austin City Manager Marc Ott has asked all departments to suggest ways to reduce their budgets by 2 percent to help balance the city's budget during tough economic times, should that be necessary. Do you believe public safety departments should be included in proposing cuts?

I do not believe the police department should be included in any further cuts. The chief has, with the help of our members, already made changes that have effectively reduced costs. He did this prior to being asked to do so.

Any further cuts to our budget would begin to weaken the infrastructure of our department and would have an immediate effect on the safety services we provide.

--------------------------------------------------------------------------------

As you know, two of three police officers live outside of Austin, and that is a loss for the city in financial (property taxes, sales taxes and other income) as well as human capital of having police officers be a vital part of Austin neighborhoods. We've called for a residency requirement for new officers to help shift that balance in the future. What is your position on that?

I am opposed to restricting anyone, including our police officers, from living anywhere they choose. As a street officer most of my career, I have watched officers risk their lives almost daily for the neighborhoods they patrol. I submit their efforts and sacrifice are a vital part of Austin. I believe commitment to our neighborhoods is not measured exclusively by the ZIP code in which one lives.

--------------------------------------------------------------------------------

One key recommendation the U.S. Justice Department proposed recently to improve APD's handling of complaints by citizens against officers was allowing the Office of the Police Monitor to routinely review all aspects of the complaint process by the department's internal affairs investigators. Will the union support that and help implement it?

The DOJ's recommendation specifically calls for the Office of the Police Monitor to have access to "police reports at the inception of all investigations." Given the record of alleged leaks from this office, a homicide suspect, for instance, complaining of rudeness at the time of his arrest, may gain access to sensitive information regarding that homicide investigation.

Without the strictest safeguards — not recommended by the DOJ — the APA cannot support this concept.

back to top

01-17-09:
Austin freezes hiring, raises
Move doesn't apply to police and firefighters, should save about $3 million.
By Marty Toohey
AMERICAN-STATESMAN STAFF
Saturday, January 17, 2009

The City of Austin, faced with declining sales tax revenue and expecting a budget shortfall, has put a freeze on most hiring and major pay increases.

City Manager Marc Ott announced the freezes on Friday and said they could save up to $3 million this year. He and City Council members said the cuts can probably be absorbed without significantly diminishing the city's ability to keep roads paved, parks maintained and recreation centers staffed, generally keeping the level of service where it now is.

But, Ott wrote in a memorandum to city employees, "in these times it makes no sense to hire a lot of new employees when we could be facing layoffs later in the year." He added at a news conference that he thinks the cuts will make layoffs unnecessary.

"I think, by and large, our work force understands what we're up against," Ott said at the news conference.

The financial pinch that led to the freezes is similar to pains being felt by communities across the country.

In an effort to trim $15 million from the $620.7 million city budget adopted in September, Ott had already instructed department heads to create a "menu" of options. The city has declined to release the suggestions from departments. But the freezes get the city about one-fifth of the way to its goal, according to the city finance department.

The hiring and wage freezes do not apply to firefighters and police officers, whose pay is governed by union contracts and whosedepartments are deemed crucial to the city, Ott said. Civilians in those departments are affected, but 911 call takers are not subject to the hiring freeze.

The freezes also do not apply to city functions that are supposed to operate at a profit, such as Austin Energy, the city water utility and the airport.

About 200 unfilled positions are affected by the freeze.

Ott reserved the right to authorize new hires if a department manager can justify "a critical business need to fill the position."

This is an extension of cutbacks started last year, when the city froze 24 jobs in the Parks and Recreation Department and slowed other hiring to save money.

In total, Ott said, the city has cut $48 million from the budget in the past 11 months.

City Council members contacted for this story said the cuts are appropriate given the national financial crisis and softening economy here.

"I think it's wise to pre-emptively prepare for a potential budget shortfall in what is a benign way," Council Member Lee Leffingwell said.

Council Members Sheryl Cole and Brewster McCracken said other areas of the city government — including public safety departments, which have balked at potential cuts — should also be considered when the council decides what else to trim from the budget.

"I would not want to see a reduction in response times for police and fire. ... I do think we have to evaluate some life or death city services in a different manner," Cole said. "But I don't think their budgets are exempt from consideration for cuts."

McCracken predicted the city will soon adopt across-the-board wage freezes, including cost-of-living adjustments, and said the public safety unions should also be willing to slow the rate of their members' pay increases.

"We're going to need the public safety unions to work with us, like other city departments, to stop rising salaries" from overwhelming the budget, McCracken said.

Council Member Randi Shade said her top priority during the upcoming budget-cut discussions will be to prevent cuts in public safety and health and human services.

"Basic services are what people are counting on from government," she said, "and we need to provide those."

Mayor Will Wynn and Council Members Mike Martinez and Laura Morrison did not return calls for comment.

The hiring freeze is primarily because of declining sales tax revenue. Sales tax pays for about one-third of the city's day-to-day operations. The city had forecast a rise in sales taxes — and budgeted accordingly — but as the economy has slowed, so has spending at shops and restaurants that generates the tax.

Budget officer Greg Canallysaid the combination of the revenue drop and the projections translated to between $10 millionand $15 millionless than expected during the first two months of the fiscal year.

As a secondary measure to save money, Ott decided to halt a plan to re-evaluate most of the city's pay scales.

Under an initiative started last year, one-third of the city's employees have their pay scale evaluated once every three years — potentially changing almost all employees' pay during the three-year period.

The process was resulting in higher wages. It has been suspended indefinitely, Ott said.

"These types of decisions are difficult to make," Ott said. "You're affecting people's lives. That's not lost on me."

mtoohey@statesman.com; 445-3673

Additional material from staff writer Sarah Coppola.

back to top