Post by WaTcHeR on Dec 28, 2006 12:11:18 GMT -5
12.28.2006 - Three Austin police supervisors, including a veteran commander, are being investigated by internal affairs after they reviewed an officer's use of force against a mentally retarded man and took no action against the officer.
Prosecutors later reviewed the evidence, including a videotape from officer Gary Griffin's patrol car, and decided that his actions merited further investigation.
Internal affairs investigators will seek to determine how Cmdr. Michael Nyert, Lt. Deborah Sawyer and Cpl. Andy Haynes reviewed the July 1 incident and why they concluded the force was justified, said attorney Tom Stribling, who is representing the officer and two of the supervisors.
Griffin also is being investigated by internal affairs, as well as the Travis County district attorney's office, for using force against Joseph Cruz, 24, which included striking Cruz with his nightstick.
Court records show that Cruz has a history of drug and alcohol problems, suffers from hallucinations and has an IQ of 68.
Austin police officials said they could not comment on an ongoing investigation.
The incident is the second time in 18 months in which supervisors reviewed and handled a use of force case that later became a full-blown investigation.
The case highlights concerns by some in the community about the Police Department's practice of having officers' supervisors review use of force incidents and decide whether they should be referred to the police chief or internal affairs for more investigation.
Griffin said in an arrest affidavit that he responded to a "person down" call at a bus stop on East Seventh Street and that Cruz punched him and broke his glasses after Griffin tried to wake him up.
"(Cruz) jumped up and started swinging at Officer Griffin with closed fists," the affidavit said. "Officer Griffin stepped back and the subject continued towards Officer Griffin continuing the assault."
Griffin hit Cruz with his stick, but Cruz then tried to get him in a headlock, the affidavit said.
Griffin hit Cruz in the face with his fist and handcuffed Cruz, the affidavit said.
Brackenridge Hospital records show that Cruz has had numerous emergency room visits for drug and alcohol intoxication, the documents said.
Cruz, who could not be reached for comment Thursday, was arrested and later indicted on charges of assault on a peace officer and resisting arrest.
Prosecutors dismissed the cases against Cruz in August after reviewing evidence and opened their investigation into Griffin's actions.
"Clearly, the question is whether or not he used more force than necessary and whether his conduct was appropriate," said Rosemary Lehmberg, Travis County's first assistant district attorney.
Lehmberg declined to comment further.
Stribling said the investigation into the supervisors appears to stem from a disagreement about whether Griffin's force against Cruz was justified.
"I don't have a problem with reviewing to make sure that policy was followed and that the procedures in place were followed," the lawyer said. "But I have a significant problem when they are told they are under investigation for somehow or another being dishonest when they have a conclusion that might be different from someone else's."
Last year, Stribling represented three officers accused of beating a handcuffed suspect who had their actions reviewed by supervisors.
Stribling said officer Christopher Gray initially received an oral reprimand from a supervisor, while fellow officers William Heilman and rookie Joel Follmer were not disciplined at first.
All three officers were later indicted on a misdemeanor charge of official oppression.
A jury found Gray and Heilman not guilty, and charges against Follmer were later dropped.
After the trial, Gray was suspended for 70 days and Follmer was fired; Heilman had already quit the force.
Jim Harrington, director of the Texas Civil Rights Project, said the incident involving Griffin could indicate a larger problem in the department.
"It either means that they looked at the video and it didn't bother them or they did a perfunctory check and ratified the cop," Harrington said. "Either way, it is bad."
Two nationally known police use of force experts said many departments automatically send incidents involving force to internal affairs for more objective scrutiny.
"I think that is a good practice," said Samuel Walker, a criminal justice professor at the University of Nebraska-Omaha. "Having the immediate supervisors be the final arbitrators, I think, really is not the best practice. There is the possibly of a personal relationship between two people who work together day in and day out."
Austin police spokesman Kevin Buchman would not comment Thursday on the department's practice.
Police have been working for at least two years to reduce the department's overall use of force, particularly against minorities.
In the department's most recent report on force in September, use of force against African American suspects had increased almost 7 percent from 2004 to 2005, while force against whites and Hispanics declined.
www.statesman.com/news/content/news/stories/local/12/08/8force.html?
Prosecutors later reviewed the evidence, including a videotape from officer Gary Griffin's patrol car, and decided that his actions merited further investigation.
Internal affairs investigators will seek to determine how Cmdr. Michael Nyert, Lt. Deborah Sawyer and Cpl. Andy Haynes reviewed the July 1 incident and why they concluded the force was justified, said attorney Tom Stribling, who is representing the officer and two of the supervisors.
Griffin also is being investigated by internal affairs, as well as the Travis County district attorney's office, for using force against Joseph Cruz, 24, which included striking Cruz with his nightstick.
Court records show that Cruz has a history of drug and alcohol problems, suffers from hallucinations and has an IQ of 68.
Austin police officials said they could not comment on an ongoing investigation.
The incident is the second time in 18 months in which supervisors reviewed and handled a use of force case that later became a full-blown investigation.
The case highlights concerns by some in the community about the Police Department's practice of having officers' supervisors review use of force incidents and decide whether they should be referred to the police chief or internal affairs for more investigation.
Griffin said in an arrest affidavit that he responded to a "person down" call at a bus stop on East Seventh Street and that Cruz punched him and broke his glasses after Griffin tried to wake him up.
"(Cruz) jumped up and started swinging at Officer Griffin with closed fists," the affidavit said. "Officer Griffin stepped back and the subject continued towards Officer Griffin continuing the assault."
Griffin hit Cruz with his stick, but Cruz then tried to get him in a headlock, the affidavit said.
Griffin hit Cruz in the face with his fist and handcuffed Cruz, the affidavit said.
Brackenridge Hospital records show that Cruz has had numerous emergency room visits for drug and alcohol intoxication, the documents said.
Cruz, who could not be reached for comment Thursday, was arrested and later indicted on charges of assault on a peace officer and resisting arrest.
Prosecutors dismissed the cases against Cruz in August after reviewing evidence and opened their investigation into Griffin's actions.
"Clearly, the question is whether or not he used more force than necessary and whether his conduct was appropriate," said Rosemary Lehmberg, Travis County's first assistant district attorney.
Lehmberg declined to comment further.
Stribling said the investigation into the supervisors appears to stem from a disagreement about whether Griffin's force against Cruz was justified.
"I don't have a problem with reviewing to make sure that policy was followed and that the procedures in place were followed," the lawyer said. "But I have a significant problem when they are told they are under investigation for somehow or another being dishonest when they have a conclusion that might be different from someone else's."
Last year, Stribling represented three officers accused of beating a handcuffed suspect who had their actions reviewed by supervisors.
Stribling said officer Christopher Gray initially received an oral reprimand from a supervisor, while fellow officers William Heilman and rookie Joel Follmer were not disciplined at first.
All three officers were later indicted on a misdemeanor charge of official oppression.
A jury found Gray and Heilman not guilty, and charges against Follmer were later dropped.
After the trial, Gray was suspended for 70 days and Follmer was fired; Heilman had already quit the force.
Jim Harrington, director of the Texas Civil Rights Project, said the incident involving Griffin could indicate a larger problem in the department.
"It either means that they looked at the video and it didn't bother them or they did a perfunctory check and ratified the cop," Harrington said. "Either way, it is bad."
Two nationally known police use of force experts said many departments automatically send incidents involving force to internal affairs for more objective scrutiny.
"I think that is a good practice," said Samuel Walker, a criminal justice professor at the University of Nebraska-Omaha. "Having the immediate supervisors be the final arbitrators, I think, really is not the best practice. There is the possibly of a personal relationship between two people who work together day in and day out."
Austin police spokesman Kevin Buchman would not comment Thursday on the department's practice.
Police have been working for at least two years to reduce the department's overall use of force, particularly against minorities.
In the department's most recent report on force in September, use of force against African American suspects had increased almost 7 percent from 2004 to 2005, while force against whites and Hispanics declined.
www.statesman.com/news/content/news/stories/local/12/08/8force.html?