Excerpts of Affidavit from Woman Allegedly Raped by On-Duty APD Officer

 

The following are excerpts from an affidavit filed with the APD Internal Affairs Division (IAD) by the victim of an alleged rape, accusing Austin Police Officer Samuel Ramirez. Unlike the June indictment charging Ramirez with "official oppression," this document describes the incident in detail. The woman called the APD just 20 minutes after Ramirez allegedly left her home. Names other than the IAD questioner's the indicted officer's have been deleted to protect the privacy of the victim. This document is rather unique in that it was leaked to a Hall of Shame investigator and normally would never become public under current APD rules; it is the type of material which would become open for all APD Internal Affairs cases if the Sunshine Open Government Amendment is passed.

The excerpts begin after preliminary questioning which was deleted here because it could possibly identify the victim or reveal unrelated personal information. Otherwise, the portions presented here have been edited only for spelling and to delete the victim's name for the web.

 

You may also read a narrative description of the incident and current status of the case.

Excerpts from Internal Affairs Interview:

Ofc Fleming: Do you have an alarm system in that trailer?

Victim: Uh-huh (yes).

 

Ofc Fleming: Was it set that day?

Victim: Yeah, it was set and I hit the alarm and I cut the alarm off. The alarm had went off and then I start tampering with it again, just messing with it and it came back on. I already knew the alarm number and I got a key to the house anyway you know.

 

Ofc Fleming: Okay, so how did you get the alarm to shut off?

Victim: Cause I punched in the numbers.

 

Ofc Fleming: Alright, had it already sent a signal and the alarm company called the police department?

Victim: No, it just happened, it just happened when I started messing with it again it just happened to go back off and it was a silent alarm and it wasn't, it wasn't loud. It's a silent alarm.

 

Ofc Fleming: Right, when you're pushing buttons on that key pad, can you hear sounds, do you know when it's going off?

Victim: Soon as I punch in my code it's going to. Okay, what I'm saying is, if I come in the house it's going to go off. I go up there and I punch in my code then it goes off.

 

Ofc Fleming: Alright, did you know and did you have a code that particular afternoon?

Victim: Yes.

 

Ofc Fleming: Okay, so you get in the house and you turn the alarm off?

Victim: Uh-huh (yes).

 

Ofc Fleming: Okay, what do you start doing?

Victim: When the alarm went off, I started tampering with it again. I don't know why I started messing with it, but anyway I started messing with it and then it went off, then I couldn't control it, you know. So, it came into...it just got silent and then I tapped it in again, then the alarm went off and then the police came.

 

Ofc Fleming: Okay, what were you doing when the police came?

Victim: Well, I was getting, well, actually I had turned on my tv and everything. And I don't know a Playboy channel had came, was the first thing that came on my tv because I know my old man, he's freaky, he's likes to look at that stuff anyway, but anyway. . . .

 

Ofc Fleming: So, let me make sure I understand. When you turn the television on, it's already set to the Playboy channel, is that what you're telling me?

Victim: I'm not saying it's set to the, that was the last thing that he was looking at when I turned it on that's what came on.

 

Ofc Fleming: Did you select the Playboy channel or was it already on the Playboy channel?

Victim: It was already on that.

 

Ofc Fleming: Okay, now we're together on that. Okay, so how many officers arrive at your house?

Victim: It was two of them. It was a white and Hispanic.

 

Ofc Fleming: Alright, can you tell me what conversation you had with them?

Victim: Well, soon as he came in...

 

Ofc Fleming: Who is he?

Coliins: Well, both of the officers came in. First they knocked on my door and they said, "Mam, do you know that your alarm has went off and everything"? And I say, "Yeah". And he say, "Well then", he say, "Maybe you didn't set it in time before it, you know, went off" or something like that. Well I said, "I got it, I say, I already know the code to it ", you know. And the next thing I know they didn't say no more and they just started looking at my Playboy channel.

 

Ofc Fleming: Both of them?

Victim: Both of them.

 

Ofc Fleming: Did they come inside your trailer?

Victim: They came in.

 

Ofc Fleming: Did they sit down?

Victim: No, they did not sit down. They was just standing up, just looking at the Playboy channel and the Hispanic dude he asked he say, "How much do that cost?" And the white dude, he say, "Well, then I got it at home" or something that he was saying. So he told him how much it cost him, the white officer told him how much it cost. And he told me, "Well, then it seems like I'm going to have to take my lunch break at 3 o'clock and come back out here and watch this with you". And then he asked me, he say, "What time do movies start?", you know. I just said, "Mostly the movies come on around about 3 o'clock, you know, on the Playboy thing, you know, they have whole movies in the".

 

Ofc Fleming: Which officer said that to you? About coming back?

Victim: The Hispanic, the Hispanic officer.

 

Ofc Fleming: Alright, when he said that, did you think that he was serious or kidding?

Victim: Naw, naw, I didn't, I just thought he was playing. And the white officer say, he say, "Man, I can't be up here". First he say, "Man I can't be up here watching this stuff because I can get in trouble" or something. He say, "I've got to go back on my job" because the Hispanic dude wanted to stay there and just started watching. And he said, the white dude say, "l'm going to go, because I can get in trouble, they can have a call or something".

 

Ofc Fleming: Alright, [name deleted], how long did they stay there at your trailer before they left?

Victim: (coughing) Excuse me, for about I5 minutes.

 

Ofc Fleming: Alright, and did they get any calls over their radio while they were there talking to you?

Victim: Naw, I didn't hear no call.

 

Ofc Fleming: So they just finished up and left?

Victim: Yeah.

 

Ofc Fleming: And after they left, did either one of the two of them, telephone you at your trailer? Did you have any contact with them after that?

Victim: Well, I know the Hispanic dude, that's when he came back to my house, the Hispanic dude...

 

Ofc Fleming: Okay, but before we get to that, did he telephone you or talk to you in any way?

Victim: No, he didn't, but the Hispanic dude was saying that he was trying to call me but I didn't have my phone hooked up.

 

Ofc Fleming: Alright, so when is the next time you saw the Hispanic officer:,

Victim: That's when he came back.

 

Ofc Fleming: Do you know about what time that was?

Victim: He came back at exactly at, it was at 3:I0.

 

Ofc Fleming: How do you know it was exactly 3:I0?

Victim: I looked at my clock. I lay right by my clock. My clock is in my face right here and as soon as he knocked on the door, I'm looking at my clock.

 

Ofc Fleming: Okay, what did you think when he knocked on the door?

Victim: Well, actually I didn't want to get up and answer because when I'm asleep I'm cross, I don't want to get up because I'm pregant, I want to sleep. I don't know, he kept on banging and banging and banging so I just finally got on up...

 

Ofc Fleming: Hold on for a second. Can you see outside your trailer? Did you see who it was at the door?

Victim: No, no, I can't see because my blinds and stuff is all shut. I finally got up and so I looked out my blinds, my window blinds and the next thing you know it was the cop. I say, I didn't want to open the door or nothing like that but I say I'd better go on and open it because it could be something very important you know, something like that. So, I went ahead, you know, and opened it and the next thing he's going to say...

 

Ofc Fleming: Was it the same officer that came the first time?

Victim: It was the Hispanic officer that came to my door.

 

Ofc Fleming: Was he by himself?

Victim: He was by hisself.

 

Ofc Fleming: What did he say to you when you opened the door?

Victim: He said that when my alarm went off, he say, "The alarm was a 911 call alarm. It wasn't an alarm, it was a burglary alarm". He said, "Somebody had to come through the front door". And I say, "Yeah, I did come to the front door because I used a card". And then he say, "It was like an emergency call in the way you were calling for help". And then he say, "Is there anything I can help you with"?, you know, and talking about, "I can help you".

 

Ofc Fleming: Is that what he said?

Victim: Yeah, that's what he said. And then the next thing, you know, I don't know, he just invite hisself and sit down on my straw chair. He was just sitting down on my straw chair and I wanted to tell him to leave you know.

 

Ofc Fleming: Why didn't you, [name deleted]?

Victim: Well, actually I mean he's a cop. I don't know what I was thinking, I wasn't thinking that he was going to do that you know and....

Ofc Fleming: Did you ever ask him to feave?

Victim: Yeah, I told him to leave. I told him that my old man was on his way home from work.

 

Ofc Fleming: Okay, he sits down. Did he tell you what he wanted? Did he ask you any questions or anything?

Victim: He asked me he said, "Are you still looking at the Playboy channel"?, when he sit down. And I said, "No, I'm not watching", I say, "I'm asleep", you know, and so what I did I went and I sit on the couch.

 

Ofc Fleming: Okay, is that close to where he was sitting in the chair?

Victim: A little bit distance.

 

Ofc Fleming: Was it across from you?

Victim: Well, my chair is like over here and then over here is where my straw..

 

Ofc Fleming: So, you're kind of indicating that you're sitting apart from each other but facing the same way?

Victim: Yeah, yeah, we was the same way.

 

Ofc Fleming: How far apart were you?

Victim: I don't know, I don't know how long my chairs are.

 

Ofc Fleming: Could you reach out and touch him if you had straightened your arm out?

Victim: No, I cannot, cannot, because he was over by my door and my couch was way over here by the window so...

 

Ofc Fleming: [name deleted], how were you dressed right then?

Victim: How was I dressed? I had...

 

Ofc Fleming: Right, what were you wearing?

Victim: I had a t-shirt on. I was fully dressed. I had a t-shirt on and I had some shorts where I had just had a fight in and I still had blood all on my shirt.

 

FIeming: Okay, alright, and go ahead tell us what happened?

Victim: I don't know. When he sit there, well actually when I sit there and he sit there, I told him I say, "I need to go over there across the street where my neighbors at, go call and see what time my old man is getting off work" and I asked him you know, "Could he leave because my old man is fixing to get off work"?

 

Ofc Fleming: What did he say when you asked him to leave?

Victim: And he just, when I got up I was heading for the door, I say, "I'm fixing to leave". And so what he did, he grabbed by arm...

 

Ofc Fleming: Which arm did he grab?

Victim: My left arm.

 

Ofc Fleming: Alright.

Victim: He told me he just say, "Come here" and he throwed me on his lap and then he started rotating, you know, his body, his dick and all that and had me sitting on top of his lap and then put his hands on my titties and stuff.

 

Ofc Fleming: Alright, let's take our time. When you're sitting on his lap, were you facing him? Or were your legs like together but off to the side?

Victim: Not facing him like I'm on top of him, naw where he...

 

Ofc Fleming: In other words he just pulled you down and you sat down in his lap?

Victim: Yeah, he pulled me and sat me in his lap. He didn't, I wouldn't turned like I'm doing something with him.

 

Ofc Fleming: Okay, was the right side of your body towards his chest or your left side?

Victim: My back was in his chest.

 

Ofc Fleming: Okay, and so your back's toward him and you're, indicating that he's reaching around him and fondling your breasts, is that correct?

Victim: Yes.

 

Ofc Fleming: Okay, go ahead.

Victim: And uh....

 

Ofc Fleming: Did you say anything to him?

Victim: No, he asked me. He was just up there I was just, he talked about, "Do you like it?" I said, "No, no, I don't like it" and then he was talking about, "You ain't never been with no police officer before". I say, "Well, actually I had a police officer already done assault me already and I say you know, just took something from me", you know, that's what we were talking about you know.

 

Ofc Fleming: Did he say anything when you told him that?

Victim: He was just saying that he knew the officer and.

 

Ofc Fleming: Oh, you told him the name of the officer?

Victim: I told him the name and everything, you know, because I figured that if I would tell him the name, what the officer did to me before, that he would stop doing what he was doing.

 

Ofc Fleming: Okay, and did he?

Victim: No, he didn't stop doing what he was doing. So, what I did, he wouldn't let me out the door to call and see what time my old man was coming...so what I did I went and sit back on the couch.

 

Ofc Fleming: Okay, how did you get away from him?

Victim: I just got up, I just got up and he told me, "Come here girl", you know, and I just got up and I laid back on the couch, man I say, "My old man is coming, I'd done told you" and he's going to get and he's going to say, "You want to see my dick?" I told him, I say, "Look man, I done seen enough of dicks before, I don't want to see it". that's what I told him. In a way, what I'm saying is, "me and my man, I ain't got to worry about doing all that anyway because I got my own man". He just stuck it out, then he bend down and then the next thing, I don't know, when he asked me, he had his right...l'm laying down facing this way. He had his right hand on my shoulder, pushing me down in a way and he's sticking his dick in my mouth.

 

Ofc Fleming: And you were laying reclined on the couch?

Victim: Yeah, I was on the couch. I was laid back on the couch, on a pillow and he just stuck his dick out and just had his hand. It was like I was forced because I couldn't cause he had a strong grip on my arm.

 

Ofc Fleming: Okay, did he take any of his clothes off?

Victim: No, he didn't take it, he stuck his thing through the zipper part.

 

Ofc Fleming; He unzipped his pants and pulled it out?

Victim: Yeah.

 

Ofc Fleming: Okay, go ahead.

Victim: And I kept on hollering and I kept on saying, "Where your gun, where your gun?" Cause the reason why I asked him where's his gun because it's a lot of stuff going on where officers killing peoples and everything and it, it really scared me, you know, a gun. And he had that gun on me, he started, kept on twisting his gun back and the way he was trying to get it out of the way while he was sticking his dick in my mouth.

 

Ofc Fleming: Okay. You're indicating, the tape can't see you, that he was moving the handle on his gun, pushing it back out of the way?

Victim: Yes, yes, exactly.

 

Ofc Fleming: Is that correct?

Victim: Yes.

 

Ofc Fleming: Go ahead.

Victim: And he was, he was started pushing it back. Then he say, "Girl, this gun ain't going to, I've got this gun", you know. I say, you know, the reason why I just went ahead. He say, "What I'm going to do" he say, "l'm going to nut in your mouth, I'm going to cum in your mouth and I want you to swallow it". And then he say, well, actually then he did it, he went ahead and did it and he finally came.

Then he going to say, "Did you swallow it?" And I said, "Uh-uh (yes)" in the way where I had a whole bunch of mouthful of cum, I couldn't just say yeah, you know. And so and what I was doing I just got up from the couch and then I ran in back to the restroom and I heard him talking to me. He was like, he say, "What's wrong with you". I just say, "Nothing", you know, I went back and I wanted to use the restroom.

And so I seen a plastic, a plastic bag, a little makeup bag thing on my restroom cabinet. So, what I did, what was going through my mind, I say, "I am tired of police officers doing stuff like this". I say, "Somebody is fixing to listen to me". So I got that bag and I spit that cum all up in that bag and I say, "Well then, maybe this will work", so that's why I did it. And he said that, he was calling me while I was in the restroom, he say, "What are you doing?" say, "l'm using the restroom".

And I came back in the living room and everything and he was saying something about, he had another comment about the officer again, about Danny, about he lost his job, you know, "Yeah, I know that officer he lost his job", you know.

And so what I did, I went to the refrigerator and went in and popped open a Dr. Pepper, which wouldn't open, a liter of Dr. Pepper. And I was still nervous because I couldn't believe this done happened to me about what he done did so I was getting ready to pour me some Dr. Pepper and somehow I knocked my glass over.

[portions deleted to protect victim's privacy]

 

Ofc Fleming: Had this person that did this thing to you, this officer, had he been circumcised?

Victim: Oh, Lord, I wouldn't looking at all that. I know his dick, I mean I don't know if he pulled it back or whatever, because he's the one that put it in my mouth. I don't know cause it had been pulled back, it didn't look that to me cause it was in my mouth, I didn't know all that.

 

Ofc Fleming: Alright.

Victim: But, I think, well then actually he had to been circumcised because when he took it out the first time it didn't have no skin over it, so he had to been circumcised .

 

Editor's note: After this point, Officer Fleming focuses not on the alleged rape, but on going through the victim's minimalist rap sheet and her own personal history. Roughly twice as much of the Internal Affairs Interview focused on the victim's background rather than the details of the alleged rape.

Last updated 7/6/99