Austin News
DOJ presents recommendations to APD 
07:46 PM CST on Monday, January 5, 2009
DOJ findings
KVUE's Jessica Vess reports
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The findings from an investigation into the Austin Police Department's practices, particularly use of force against minorities, were released Monday.
The U.S. Department of Justice had been reviewing APD policies since 2006, after complaints made in 2005 regarding the Austin Police Department's use of force against minorities.
After 18-months, the DOJ released its report -- 50 pages and 165 recommendations call for change within the Austin Police Department.
"We consider them our partners, we consider them our eyes and ears," said Chief Art Acevedo, Austin Police Department.
The DOJ uncovered problems with training. There were no formal policies on internal affairs training, interviewing, or supervision.
However, most of the problems listed in the report center around the department's policies on use of force. APD did not require a supervisor to respond when an officer used a weapon.
"Supervisory review of officer uses of force is critical to a department's ability to ensure officers are using force in a manner consistent with constitutional standards and the department's policies," the report said.
Officers also did not have to notify the special investigations unit.
"According to (APD's) policy...there was no requirement that supervisors assess whether the officer's reported uses of force were in compliance with the APD's use of force policy," stated the report.
Chief Acevedo has since changed those policies.
"We now have policies in place that require supervisors," said Chief Acevedo.
However, public perception is plagued by cases including the shooting death of Kevin Brown in 2007 and the shooting deaths of Sophia King and Daniel Rocha.
In December 2008, the City of Austin approved a $1 million settlement with the family of Daniel Rocha, 18, who was shot by Julie Schroeder in June 2005. Schroeder said she feared Rocha had grabbed her Taser and was planning to use it against another officer during a struggle. She was fired from APD for violating policy. Just a month earlier in November 2008, the council also approved a $1 million settlement with the family of Kevin Brown, 25, who was shot twice in the back by former police sergeant Michael Olsen near a night club in 2007. Olsen was also fired.
"All of these controversial, high profile incidents, they have stemmed from someone not complying with the police," said President of the Austin Police Association Wayne Vincent.
Vincent says cases including the deaths of Brown, King, and Rocha are isolated; making some of the DOJ's recommendations unrealistic; in particular weighing an officer's can of pepper spray and what’s called integrity checks -- in other words -- officers spying on officers.
"Those recommendations are somewhat insulting and can lead to a lot of problems," said Vincent.
Chief Acevedo agrees.
"The reality is that some of the recommendations we don't agree with is because they haven't seen all of the changes we have made since June 2008 (when the DOJ was last here to investigate)," said Chief Acevedo.
Chief Acevedo hopes to meet with the DOJ to negotiate some of the recommendations he doesn't support.
He already made 25 percent of the recommended changes before the DOJ report was released. Completing all of the changes, he says will require more funding than the department has to spend. He intends to use federal grant money to make it all happen.
Community Response
Some members of the Austin civil rights community believe the police chief is heading in the right direction, but they also say more needs to be done.
Civil Rights Attorney Bobby Taylor said he is pleased with the 50 page report -- specifically those items relating to the use of force.
"It blows my mind that this report highlights problems that those of us in Civil Rights have been griping about and pleading about. Now we see in writing -- yeah, there are a multitude of problems that have been ignored," he said.
Taylor, who represented the Rocha family in the lawsuit against the city, believes Rocha would still be alive had many of the recommendation been in effect in 2005.
"There are a lot of people who are dead because of issues I think are contained in this 50 page report,” Taylor said.
Community leaders applauded the police department for making changes.
"This is an ongoing process. There is no finish line here. This is an ongoing organic, top down bottom up process between the community and police department," said David Kobierowski, ACLU.
"We're all human beings, we're going to watch this process closely to make sure it follows through to completion," said Nelson Linder, NAACP.
Austin City Manager Marc Ott recognized Monday's report as an ongoing partnership.
"We look forward to an ongoing relationship with the Department of Justice and working with these recommendations and anything else that may come up in the future," he said.
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