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Protesters shut down I-35 again in second day of Austin demonstrations against police violence
30 May
(Mary Elizabeth Potts)
Update 3:09:
Despite the formal cancelation of today's protest at the Texas State Capitol, hundreds of people gathered along 11th Street and marched to Austin City Hall and back. Some shut down I-35 for the second day in a row, and Austin police used tear gas and beanbag rounds in an effort to move people off the roadway.
The police form a line on Cesar Chavez, stopping the demonstrators marching from City Hall. s3.amazonaws.com
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<video controls id="deb01" width="100%" caption="Police then\u00a0allow protestors to turn north on San Antonio toward Republic Square." class="rm-shortcode" data-rm-shortcode-id="31173237cd1ce6357d73e3660c1d1bf0" expand="1" feedbacks="true" mime_type="video/mp4" photo_credit="s3.amazonaws.com" photo_credit_src="https://s3.amazonaws.com/roar-assets-auto.rbl.ms/runner%2F17723-IMG_0717.mp4" shortcode_id="1590969426228" url="https://roar-assets-auto.rbl.ms/runner%2F17723-IMG_0717.mp4" videoControls="true"> <source src="https://roar-assets-auto.rbl.ms/runner%2F17723-IMG_0717.mp4" type="video/mp4"> Your browser does not support the video tag. </video>
<small class="image-media media-caption" placeholder="Add Photo Caption...">Police then allow protestors to turn north on San Antonio toward Republic Square.</small><small class="image-media media-photo-credit" placeholder="add photo credit...">
<a href="https://s3.amazonaws.com/roar-assets-auto.rbl.ms/runner%2F17723-IMG_0717.mp4" target="_blank">s3.amazonaws.com</a>
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</p><p><strong>Update 5/31 11:21 a.m.:</strong><br/></p><p>Chas Moore, executive director of the Austin Justice Coalition, <a href="https://www.facebook.com/chasmoore/videos/10115623419249460/UzpfSTUzMDkzMDAwMzcxNDQzNToxNzM5OTgxMzA2MTQyNjI2/?__tn__=%2Cd%2CP-R&eid=ARCAxfWqaKyGgUUrDzDDZUCai4NbzKhGzIZZ-rswxFuIYeo5IPQjugaoZkC_i8BDp6nR99NYr57oHCIi" target="_blank">announced on Facebook live</a> that the organization would cancel the protest planned for Sunday at the Texas State Capitol.</p><p>"We are supposed to be out demonstrating, peacefully protesting the need for safety and for freedom and liberation for black people," Moore said. "And when I look at what's going on in Austin, when I look at<a href="https://austonia.com/city/austin-protest-police-killings?rebelltitem=12#rebelltitem12" target="_blank"> the mess that happened last night</a>, I look at white people burning stuff up in the name of Black Lives Matter and there's little to no black lives at these events."<br/></p><div id="50051" class="rm-shortcode" data-rm-shortcode-id="99a5aa9487d80f2ff72f7b02632e2f77"><blockquote class="instagram-media"
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</div></blockquote></div><p><br/></p><p>Police used <a href="https://twitter.com/jayjanner/status/1267111893753307137?s=20" target="_blank">rubber bullets</a> and <a href="https://twitter.com/WagsPhoto/status/1266796123857043459?s=20" target="_blank">pepper spray</a> during Saturday's protest, which ended with reports of <a href="https://twitter.com/KXAN_News/status/1266925160663220224?s=20" target="_blank">fires</a> and <a href="https://twitter.com/Katie_Statesman/status/1266944421888774144?s=20" target="_blank">looting</a>. Nineteen people were arrested, the<a href="https://www.statesman.com/news/20200531/organizers-cancel-sunday-rally-following-19-arrests-in-downtown-protests?:46:55&utm_content=GCOX_AUS&utm_term=053120" target="_blank"> Austin American-Statesman reports</a>.</p><p>Demonstrations took place on Friday night and Saturday in <a href="https://www.texastribune.org/2020/05/29/george-floyd-texas-protest-photos-houston-dallas-austin/" target="_blank">several major Texas cities</a> as well as <a href="https://apnews.com/55933b8695e36337a6bfe96728b3e7f3" target="_blank">across the U.S</a>. </p><p>Gov. Greg Abbott <a href="https://gov.texas.gov/uploads/files/press/DISASTER_threats_and_incidents_of_violence_IMAGE_05-31-2020.pdf" target="_blank">declared a state of emergency</a> on Sunday in response to the protests.</p>
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(Charlie L. Harper III)
At least two protests are planned in Austin this weekend over the recent killings of black men by police: Mike Ramos, who was fatally shot by an Austin Police Department officer on April 24 in Southeast Austin, and George Floyd, who died in police custody on Monday after a Minneapolis Police Department officer knelt on his neck. Both events were filmed.
<p>Floyd's death—along with those of Breonna Taylor, a 26-year-old EMT in Kentucky who was killed by police in March, and Ahmaud Arbery, a 25-year-old who was pursued and shot by two white men while jogging in <a href="https://www.ajc.com/news/crime--law/hearing-rally-planned-hours-apart-ahmaud-arbery-case/d2FWWT5cQsEWBIcXzGguDL/" target="_blank"><u>his Georgia neighborhood</u></a> in February—has prompted protests <a href="http://live.startribune.com/Event/Aftermath_of_George_Floyds_death_in_Minneapolis" target="_blank"><u>in Minneapolis</u></a> and other cities around the country. Seven people were shot during protests in Louisville <a href="https://www.courier-journal.com/story/news/2020/05/28/breonna-taylor-shooting-protesters-rally-downtown-louisville/5280279002/" target="_blank"><u>last night</u></a>. </p>
<p>The Mike Ramos Brigade <a href="https://www.facebook.com/events/s/from-austin-to-minneapolis-jus/383012155988660/" target="_blank">has planned a protest for Saturday afternoon</a> at the APD headquarters downtown. Nearly 2,000 people have expressed interest on the event's Facebook page. The group's members have not identified themselves, but in <a href="https://www.facebook.com/notes/mike-ramos-brigade/mike-ramos-brigades-call-to-action/116850346685290/" target="_blank"><u>a call to action</u></a> posted on social media they listed their demands, including the firing of Chief Brian Manley and the officers who killed Ramos.</p>
<p>"We don't want lip service from politicians who pretend to fight for the interests of black people and give more funding to cops in the same breath," the group wrote in a recent Instagram post. "We want killer cops to be run out, locked up, incapable of ever harming us again."</p><div id="ec337" class="rm-shortcode" data-rm-shortcode-id="551275447283358c566a574e4b935940"><blockquote class="instagram-media"
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<p>In <a href="https://drive.google.com/file/d/1xdkwB9phum6B7chpOCWKAOWesUURMmna/view" target="_blank"><u>a custodial death report</u></a> filed with Attorney General Ken Paxton's office—as required by state law—APD said the officers involved in Ramos' death were responding to a narcotics call, during which Ramos "became non-compliant and verbally confrontational." One officer, "fearing the male subject intended to use [his car] as a deadly weapon," then shot Ramos with his patrol rifle.</p><p><a href="https://www.facebook.com/events/250734436184449/?active_tab=about" target="_blank"><u>A second protest</u></a>, organized in collaboration with the Austin Justice Coalition and other community groups, is planned for Sunday at the Capitol. <a href="https://www.facebook.com/events/s/march-against-police-brutality/250734436184449/" target="_blank">Nearly 500 people have indicated they will attend</a>, with another 1,700 interested. "PLEASE, PLEASE, PLEASE wear your masks if you have them to ensure everyone's safety," AJC Executive Director Chas Moore wrote in a post on the event's Facebook page.</p>
<p>Chris Harris, director of criminal justice programs at Texas Appleseed and a member of the city's public safety commission, called for a reduction in police budgets and authority in a tweet yesterday. "Police & prisons won't stop Amy Coopers or police killings & aren't the answer," he wrote, referring to the white woman who called police on a black man who asked her to leash her dog in a New York City park <a href="https://www.nytimes.com/2020/05/27/nyregion/amy-cooper-christian-central-park-video.html?smid=tw-share" target="_blank"><u>earlier this week</u></a>.</p><iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1266062909521747972" id="twitter-embed-1266062909521747972" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1266062909521747972&created_ts=1590687894.0&screen_name=chrisharris101&text=Apparently+I+need+to+spell+this+out.+%0A%0AWe+shouldn%27t+use+the+very+tools+that+consistently+hurt+people+unjustly+to+tr%E2%80%A6+https%3A%2F%2Ft.co%2F3FivPF0zRR&id=1266062909521747972&name=Chris+Harris" frameborder="0" data-rm-shortcode-id="c1d1fa7dc2434b8cb5523e3b7e0388ef"></iframe>
<p>Manley called Floyd's death "heart wrenching" and "senseless" in a tweet on Wednesday. "As law enforcement professionals, we must do better in service to our communities!"</p><iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1265663945538445312" id="twitter-embed-1265663945538445312" lazy-loadable="true" src="/res/community/twitter_embed/?iframe_id=twitter-embed-1265663945538445312&created_ts=1590592774.0&screen_name=Chief_Manley&text=This+is+heart+wrenching+and+we+must+be+better+than+this+or+these+senseless+deaths+will+continue+to+occur.%E2%80%A6+https%3A%2F%2Ft.co%2F5CrFUu6V02&id=1265663945538445312&name=Chief+Brian+Manley" frameborder="0" data-rm-shortcode-id="51bcf0122eb6815e7ba9abaeb2da55b5"></iframe>
<p><br>In November, Austin City Council ordered two investigations into APD after an anonymous complaint alleged racism, sexism and homophobia among the top ranks. The initial investigation, the findings of which <a href="https://austonia.com/austin-police-investigation" target="_self"><u>were released last month</u></a>, did not confirm any specific allegations. But Lisa Tatum, the San Antonio lawyer tasked with the job, wrote in her report that "issues of race lie just below the surface."<br></p>
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(Roschetzky Photography/Shutterstock)
Property crimes were up in April over last year, but violent crimes were down, as Austin residents settled deeper into quarantine mode during the first full month the city was shut down to avoid spread of the coronavirus, according to a new report from Austin Police Chief Brian Manley.
<p>The April numbers, released this week in the Chief's Monthly Crime Report, count the number of times police were called for crimes ranging from homicide to gambling. </p><p>They appear to tell the story of a city hunkering down and staying off the streets—with fewer crimes like pick-pocketing and shoplifting, fewer violent incidents, and more property crimes that are easier done with no one around.</p><p>There's also an overall 38% drop, compared with April 2019, in crimes typically encountered by patrols or neighborhood watch groups: weapons violations, drug charges, prostitution, gambling and other violations known as "crimes against society."</p><p>"It all has to do with people not being outside," said Austin police Det. Ken Casaday, president of the Austin Police Association. "They're locked up and scared to go outside. I think the more you see people going out and feeling comfortable leaving the house, the more crime you'll see."</p><p>When the lockdown began in mid-March, police saw an uptick in violence, which they attributed to tensions boiling over in the early days of the pandemic.</p><p>In April, violent crime dropped, dipping some 13% below last year's rate.<br/></p> <p>Casaday said those changes could be attributed to regular statistical swings, less reporting and fewer opportunities.</p><p>The sharpest decline in violence, both from March to April and over last year's numbers, came in simple assaults, which commonly occur during bar fights and muggings—no deadly weapons and no major injuries. </p><p>But with no bars open and fewer people roaming the streets, these types of attacks were down from 933 in March to 791 in April. The numbers are similar when compared with April 2019. </p><p>Casaday said the lack of nightlife activity is a clear contributor to that drop, likely short lived.</p><p>"Once you start seeing the bars open up, I think you'll see more of that," he said. </p><p>Property crimes like robberies, arsons, burglaries, auto thefts and car break-ins saw significant increases from the same month and time span as last year. </p><p>Manley said a large chunk of those are typically perpetrated by teenagers, who now have no school or activities to occupy their time. </p><p>"With the kids not being in school and a lot of the parents working, it's a good mix for property crime," he said. </p><p>Asked whether economic desperation is a factor, Manley said he hasn't seen that yet. </p><p>"But the longer this goes on, and the more people that become homeless or without a paycheck, I would expect those types of things to increase," he said. </p>
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David Osborne (Monterey County Sheriff's Department)
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A California judge is set to decide in June whether prosecutors have enough evidence to bring an Austin financial advisor to trial on sexual assault charges after an ill-fated luxury golf trip last year.
<p>The legal troubles of David Walter Osborne began in early May 2019 during a stay with two friends the Monterey Sheriff's Department described as "high-profile" at Pebble Beach Resorts, which hosted the U.S. Open a month later. </p><p>Monterey County authorities say Osborne, whose financial advisory firm describes its clients as "families, entrepreneurs, and sports professionals," and his friends flew on a private jet and shared rooms at The Lodge at Pebble Beach, where accommodations start at close to $1,000 and top $7,000 per night.</p>
<p>Monterey County prosecutors believe that on or around May 7, 2019, Osborne sexually assaulted a woman at his hotel in an incident that prompted four felony charges.</p><p><span></span>The charges are false imprisonment by violence, attempted forcible rape, assault with intent to commit a felony, and sexual penetration by a foreign object. All are felonies, punishable by three to eight years in prison, respectively.<br/></p><p>Osborne was jailed in Austin on May 21, 2019 after Monterey County Sheriff's deputies flew to Texas to arrest him at his downtown Austin office. He posted bail the next day. He was 48 at the time.</p><p>Authorities won't identify the two golf pals, who they'll only describe as "high profile," and prosecutors have declined to say if they—or a second woman initially described as a victim but later dropped from the complaint—will be called as witnesses. </p><p>Neither prosecutors nor police will discuss details of the case. It is unclear whether the two women referred to in the initial report flew in with Osborne or if he met them while in California.</p><p>Osborne is the only suspect in the case, said Monterey County Deputy District Attorney Lana Nassoura, and he is set to appear for a preliminary hearing on June 4 in Monterey County Superior Court. </p><p>"We believe the charges are baseless and should be dismissed outright," said San Francisco attorney Lyn Agre, who is representing him in California. "He has pleaded not guilty and will defend himself in court to the fullest extent of the law." </p><p>The case stalled when California closed its courts in response to pandemic concerns, but jury trials and hearings in Monterey County are set to resume June 1 with social distancing restrictions, court officials said. </p><p>If the hearing, which has been postponed twice, goes on as scheduled, a judge will determine if prosecutors have enough evidence to move on to a trial.</p><p>Prosecutors and sheriff's officials in Monterey County declined to release more details about the accusations, saying that information is not considered public in open cases in California. </p><p>The initial police report said Osborne had attacked two women, but after further analysis of the case, prosecutors believed only one of them was the victim of a crime, Nassoura said. She declined to elaborate, citing case confidentiality. </p><p>Asked whether the second woman would be treated as a witness, Nassoura said that had not yet been decided. </p><p>She declined to say whether the two friends who accompanied Osborne on the trip and stayed with him at the lodge would be treated as witnesses. </p><p>"Since that's fact specific, I can't answer that question," she said in an email to Austonia. </p><p>Osborne is the only person being charged in connection with the incident, she said.</p><p>Nassoura said she believes Osborne is waiting out the case in Texas, but he is required to return to California for the preliminary hearing, she said. She declined to discuss any more specifics about the case.</p><p>Osborne is not currently registered as an active broker or investment advisor, according to FINRA, the nonprofit watchdog arm of the U.S. Securities and Exchange Commission. A FINRA representative said that, according to their records, he was no longer registered as of July 2019.</p><p>His wealth management firm, Osborne Advisors, has offices in Dallas and Austin but Osborne, listed as the company president and its sole principal, is on a leave of absence, according to an employee who answered the phone at his Austin office on Monday.</p><p><strong>The charges</strong></p><p class="shortcode-media shortcode-media-rebelmouse-image">
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzI5MDAyNi9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYwMDA0MzEyN30.sktSex_AukYSA2h9wi2h4V37tL69mjtCekdxf1WXkcA/img.jpg?width=980" id="a7408" class="rm-shortcode" data-rm-shortcode-id="7ccb2168fe3a638ec0e6ba651f78d759" data-rm-shortcode-name="rebelmouse-image" />
<small class="image-media media-caption" placeholder="Add Photo Caption...">David Osborne (Austin Police Department)</small></p><p><br/></p><p>Because police reports and arrest affidavits on active court cases are not considered public record in California, few details have been released about the allegations or the evidence. Formal charges were filed on May 17, 2019.</p><p>The following Tuesday, May 21, Osborne was booked into the Travis County Jail at 2:39 p.m. He posted bond in lieu of $100,000 bail and was released at 4:24 p.m. the next day.</p><p>The Monterey County Sheriff's Office posted the news about his arrest <a href="https://www.facebook.com/MontereyCountySheriffsOffice/photos/a.1419920161557359/2342372799312086/?type=3&theater" target="_blank">on its Facebook page</a> and thanked Austin police for their help. </p><p>Austin police declined to immediately release documents related to the arrest, claiming they fall under public records laws in California.</p><p>Osborne was arraigned on the charges in Monterey County and entered a plea of not guilty on June 28. </p><p>That same day, the judge approved a restraining order banning him from any contact with the victim. </p><p>On Dec. 12, a judge postponed a preliminary hearing over the objections of prosecutors. It was reset for March 19, 2020. </p><p>At that point, proceedings became tangled in pandemic-related shutdowns and the hearing was moved to June 4. </p><p><strong>The firm</strong></p><p>Osborne Advisors say on their website that they manage some $200 million in assets for their clients. </p><p>The firm operated in Dallas for 10 years before expanding into Austin in 2012, specializing in managing money for former professional athletes, according to a<a href="https://www.businesswire.com/news/home/20121205005433/en/Osborne-Advisors-Expands-Austin-Office-New-Service" target="_blank"> news release</a> published on Business Wire.</p>
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzI4OTkwMC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzNjg4MTUwNn0.xi5445Vg-3NNdQzFBJSl9tVrWkeZadgmtILP6kkAYCU/img.jpg?width=980" id="189b5" class="rm-shortcode" data-rm-shortcode-id="255a1a5f2ac40b7bad0dcef6bd14c68b" data-rm-shortcode-name="rebelmouse-image" alt="pebble beach lodge" />
The Lodge at Pebble Beach (forcdan/Adobe)
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(Charlie L. Harper III)
This story was updated at 4 p.m.
At least 15 protesters organized by Rent Strike ATX were arrested today during a demonstration in honor of May Day.
<p class="shortcode-media shortcode-media-twitter_embed">
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</p><p><br/></p><p>APD tweeted at 3:22 that protesters were arrested for obstructing a highway as they had gathered along the I-35 frontage road in downtown Austin. Rent Strike ATX disputes the department's description of events.</p><p><br/></p><p class="shortcode-media shortcode-media-twitter_embed">
<iframe width="100%" height="150" scrolling="no" class="rm-shortcode twitter-embed-1256323871034073088" id="twitter-embed-1256323871034073088" type="lazy-iframe" data-runner-src="/res/community/twitter_embed/?iframe_id=twitter-embed-1256323871034073088&created_ts=1588365926.0&screen_name=RentStrikeATX&text=This+is+incorrect.+After+the+slow+roll+demonstration+down+I-35%2C+APD+forced+drivers+into+a+private+parking+lot%2C+arre%E2%80%A6+https%3A%2F%2Ft.co%2F5Ha2tpqlK2&id=1256323871034073088&name=Rent+Strike+ATX+%F0%9F%8F%B3%EF%B8%8F" frameborder="0" data-rm-shortcode-id="ae896dbb0f36db589f8274aa279b70ee"></iframe>
</p><p>The group's demands are free healthcare, no work, no debt, prisoner release and homes for all.</p><p> Rent Strike ATX wasn't the only organization that made plans for May Day.</p><p><u><a href="https://www.austinchronicle.com/news/2019-02-15/defend-our-hoodz-gets-mixed-up-with-arts-district-presidium-chronicle/" target="_blank">Controversial</a></u> local organization Defend Our Hoodz has also called for a rent strike to begin today. So far, residents of a half dozen apartment complexes have joined in, per the group's <a href="https://www.facebook.com/defendourhoodz/?__tn__=kC-R&eid=ARBwA3Cb0jmWUk5_DvUPive9Al2vpqWbEu2uj72fLpy_V7Y9dq0u0icnpWLLdQYdLhJWEk2L9-1KFUxV&hc_ref=ARRwQE64GQhQbcWyYzaTJXDnQD4-ZzeCaAKxoZYE8q_qJA6FSHXYTsVSOs2-ChKory4&fref=nf" target="_blank"><u>Facebook page</u></a>, calling for an immediate stoppage of rent and utility bills, plus full wage restitution "regardless of circumstance or immigration status," <a href="https://defendourhoodz.tumblr.com/" target="_blank"><u>per its website</u></a>. It is unclear if the efforts are related.<br/></p><p>
Local police were prepared for such demonstrations.
</p><p>
"The Austin Police Department is aware of planned 'May Day' events, and will be appropriately staffed to ensure that attendees and the public remain safe while all parties have the ability to exercise their First Amendment Rights to assembly and free speech," the department stated in an emailed statement this morning. </p><p>
Earlier this week, Austin City Hall <a href="https://www.kxan.com/news/local/austin/austin-city-hall-vandalized-red-paint-on-doors-anti-capitalism-messages-on-stairs/" target="_blank"><u>was vandalized</u></a>, with red paint smeared across the front doors and anti-capitalism messages spray painted on the steps outside, including <a href="https://www.nytimes.com/aponline/2020/04/28/us/ap-us-austin-city-hall-graffiti.html" target="_blank"><u>one that read</u></a>: "May 1 International Workers Day" with a hammer and sickle.
</p><p>
Yesterday, Texas Gov. Greg Abbott announced that the Texas Workforce Commission has issued new guidance regarding unemployment claims. Now,<a href="https://www.texastribune.org/2020/04/30/texas-unemployment-qualifications-relaxed-coronavirus-pandemic/" target="_blank"> certain people </a>may refuse to return to work and still receive unemployment benefits, including people 65 years and older.
</p><p>
"This flexibility in the unemployment benefit process will help ensure that Texans with certain health and safety concerns will not be penalized for choosing not to return to work," Abbott said <a href="https://gov.texas.gov/news/post/governor-abbott-announces-new-twc-guidance-for-unemployment-claimants" target="_blank"><u>in a statement</u></a>.
</p><p>
But workers advocacy groups are pushing for more protections as businesses reopen. In an April 29 letter to the TWC, the Center for Public Policy Priorities, Texas AFL-CIO, Texas Appleseed and other organizations called for this flexibility to apply to people with underlying medical conditions or otherwise immunocompromised and for clearer guidance on what qualifies as a suitable work environment.
</p><p>
"We really need to have more clarity in these uncertain times about who's actually going to be allowed to stay home if they don't feel safe going back to work," said Jonathan Lewis, senior economic opportunity policy analyst at the Center for Public Policy Priorities. "Especially because people can't contact TWC even for normal things that they need to do [because of high call volume]."
</p><p>
Lewis added that certain workers are more vulnerable—including people of color, immigrants and women—because they may not have the option to work from home or otherwise mitigate their risk of exposure. "There's not really a space for a strong collective worker voice," he said.
</p>
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Charlie L. Harper III
Tatum said the allegations could not be confirmed or denied because witnesses were unable to provide specific evidence and certain records could not be accessed. (Charlie L. Harper III)
On Friday afternoon, the city of Austin released the findings of an independent investigation into allegations of racism, sexism and homophobia within the top ranks of the Austin Police Department.
While San Antonio lawyer Lisa Tatum was largely unable to confirm specific allegations, she did uncover a "very high level of fear of retaliation" among APD staff and "doubt there would be a substantive report from which the truth could be learned," according to her 46-page write-up.
<p>Austin City Council Member Natasha Harper-Madison, during a press conference Monday, said the report indicates a department "in dire need" of an overhaul. </p><p>"While the investigators never found that smoking gun, so to speak, the report is however packed with plenty of other bombshells, including evidence of racism, failed leadership, cronyism, and a prevailing fear of retaliation that keeps would-be whistleblowers silent," she added.</p><p>The investigation was announced Nov. 7 after an anonymous complaint alleging former assistant chief Justin Newsom had used "racial slurs and epithets" throughout his career "with the knowledge of other leadership at APD" was released to the public. Newsom retired Oct. 31 with no change to his pension. </p><p>Tatum was tasked with investigating a series of allegations—ranging from Newsom's use of racist and homophobic language to Chief Brian Manley's failure to report such behavior for investigation—and providing legal advice to the city about how to respond. She interviewed 58 witnesses, about half of whom required anonymity to participate. </p><p>"Lisa Tatum frequently described this task as like 'being named an honorary detective who was assigned to investigate an outdoor crime scene after it had already rained heavily - twice,'" according to the report. </p><p>Tatum said the allegations could not be confirmed or denied because witnesses were unable to provide specific evidence and certain records could not be accessed. </p><p>Despite these roadblocks, the report does arrive at some conclusions.</p><p>"Through all of these interviews it became clear that issues of race lie just below the surface," she wrote in the report. "Reports came to us, from different ranks, races and genders, advising of the fact that the racist and sexist name calling and use of derogatory terms associated with race and sex persists." </p><p>At the end of the report, Tatum issued a series of recommendations to the city, including a review of the union contract that governs discipline.</p><p>In particular, Tatum recommended the city reconsider the 180-day rule, which requires disciplinary action to take place within 180 days of an infraction. </p><p>"There was a high level of frustration expressed because complaints of discrimination are often known to fall on deaf ears, sit in files without action in excess of 180 days, then are discounted or disregarded," per the report. </p><p>Other recommendations include improving file management and record retention; management and unconscious bias training; and policies governing computer, mobile phone and social media communications. </p><p>In an April 17 memo, City Manager Spencer Cronk wrote, "It is my commitment to the City Council and the Austin community that action will be taken to ensure the Austin Police Department addresses the issues in a meaningful way."</p><p>In December, council directed Cronk to initiate a separate investigation into the APD and its culture, which is underway. </p><p>In an emailed statement about the report, Manley wrote, in part, "We will make all necessary changes to ensure our employees have a work environment and culture that promotes equity, fairness, and frees them from concerns of retaliation."</p><p>In the meantime, Mayor Pro Tem Delia Garza said at yesterday's press conference that she hopes APD leadership changes how it responds to such allegations. </p><p>"I've been on council for six years now, and in that time I've seen leadership at APD fight us time and time again on reforms designed to promote equity and fairness," she said. "[The APD leadership] can choose finally to step up and take responsibility and earn the trust of all Austinites." </p>
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