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Crime Report

In recent weeks, the Austin Police Department (APD) moved in record pace to discipline officers and dispatchers for making offensive remarks about the fire that consumed Midtown Live, a northeast Austin nightclub frequented predominantly by African-Americans.

    The unsavory comments, which were relayed using City of Austin equipment, resulted in unpaid suspensions of from three to fifteen days for six officers and a written reprimand for another. As of the writing of this report, two others involved in the mishap are currently being scrutinized by the department. Four dispatchers were likewise investigated and suspended without pay or received written reprimands.

    What is surprising about this ordeal is not that officers made racist remarks, but the fact that once the incident was discovered, the investigation and subsequent discipline occurred, incredibly, within three weeks. Normally, when officers disobey the General Orders, known as APD's policy and procedures, the 180-day rule comes into play. That means that the department has six months from the date of infraction to investigate and issue discipline if the case is sustained. Should the offense be uncovered 180 days after occurrence, the most an officer would receive is a written reprimand regardless of the severity of the case.

    Bear in mind that investigations demand considerable time and effort. Newly-assigned cases must be worked in between the others already given to investigators. Among other things, investigations call for witness and officer-involved interviews, reviewing phone, tape and computer logs, going to the scene, and sometimes having reenactments. In special cases, the Chief of Police may petition the Attorney General for an extension of time: however, the majority of cases fall under the little-known 180-day rule. Throughout the investigation, the City of Austin Office of the Police Monitor is present to oversee and review APD's work.

    The investigators, headed by Lt. Leo Enriquez, a 23-year veteran of the force, who is assigned to the Northeast Command, the area in which the night club is located, worked tirelessly and expeditiously. They labored up to 16-hour days to deliver a thorough and concise accounting of the remarks transmitted over the City of Austin's patrol car computers.

    Upon the conclusion of the investigation, and once it was determined that the participants violated the General Orders, the disciplinary review board (DRB) consisting of the employees' supervisors, known as the chain of command, met to discuss punishment. DRBs ordinarily occur infrequently. On a fateful Friday in March, six DRBs were scheduled back to back.