by KIM HILSENBECK
Since the beginning of this year, nine citizens have lodged complaints against Kyle police officers. Two were for the same female officer, two were for the same male officer, according to Capt. Pedro Hernandez, who investigates such complaints for the Kyle police. Kyle also had two internal complaints; i.e., employee against employee.
In Buda, Police Chief Bo Kidd said he can only think of two formal complaints since the department’s inception in 2011. They were both against the same officer. One was for a claim of racial profiling – a complaint that was dismissed as unfounded. The other was for excessive use of force; Kidd said that complaint was also cleared as unfounded.
What happens when a disgruntled citizen files a complaint against an officer?
Both Hernandez and Kidd said the process involves asking the officer questions about the event or situation as well as reviewing any other available evidence.
One of the most recent complaints was by Kyle resident Eric Simms, who issued a written complaint against Sgt. Patsy Oakes. She is one of six female officers in the Kyle Police Department.
In his official statement, Simms said the officer “touched her gun and moved in a threatening manner.”
Hernandez started the investigation on the issue but then was out of town for training. During that time another officer worked with Kyle Police Chief Jeff Barnett to conduct the review.
Barnett watched what some law enforcement officers call one of the most useful tools in this type of review – the dashboard camera (commonly known as a dash cam) footage.
The recording device kicks in when an officer turns on his or her car’s lights and siren and captures what that officer sees from a camera mounted on the dashboard.
Barnett said he watched the video of the traffic stop with Oakes and Simms. He then invited Simms in to see it, too. Simms had to agree with Barnett that the video refuted his claim about how Oakes acted and what she did with her hands during the stop.
“She put her left hand down to turn down her radio so she could hear Mr. Simms,” Barnett said. “Her gun is on her right side.”
Simms withdrew his complaint.
The two complaints against the male police officer from Kyle were for rudeness and unfairness. In an unrelated case, one of the nine complaints turned into a lawsuit against the city, but Hernandez said he believes it is an unfounded complaint.
With a dash cam, routine traffic stops, high-speed chases and other events are all recorded, offering visual proof of situations. Prior to utilizing this technology, many complaints from citizens were a case of he said/she said.
“Video has been a great tool to resolving complaints,” Kidd said. “I have always invited people to view video with me on complaints. Video captures most of what our officers do, so it’s much easier these days to determine what is going on out there. I have been in a supervisory capacity before the introduction of mobile video and after. This is one of the best tools introduced into this profession since I’ve been in it. It has saved time, energy and grief.”
Hernandez agreed, saying video footage generally helps clear up the issue almost immediately.
But the investigation involves other steps too, he said.
For example, Hernandez considers whether an officer allegedly violated state law or just department policy. He asks other questions as well. Is it the officer’s first time? How serious is the alleged violation?
He said that if a citizen makes a complaint, it must be in writing for there to be any disciplinary action.
In cases where discipline is needed, Hernandez said verbal counseling and written reprimands are not necessarily considered discipline. Suspension is, of course, but Hernandez said none of the nine cases this year resulted in any such action, in part because most of the citizens did not lodge a written complaint.
Based on a review of the log, Hernandez said complaints against Kyle police included rudeness, dangerous driving, unprofessionalism and unfairness. The conclusion of all nine was the grievances were unfounded. In most cases, the video evidence from the dash cam proved the most useful in resolving the problem.
According to Hernandez, most citizens make complaints by calling or talking in person with a commanding officer. He said when he tells people they need to submit the complaint in writing to ensure disciplinary action, many opt not to pursue the issue.
In Buda, Kidd said citizens can also call and walk-in, but his department also offers an online form to submit complaints.
Hernandez said, in another complaint two years ago, a woman came into the police station lobby.
“She was livid and wanted to speak with me,” he said. “She wanted to file a complaint that [Oakes] was unprofessional and rude.”
The woman also claimed she did not run a red light – which is why Oakes stopped her in the first place.
“I pulled up the video,” Hernandez said. “It was nowhere near what she said happened. The officer was never rude to them.”
And, it turns out, the driver did run a red light.
