APD Officer: Cops treated differently based on seniority

An Austin police officer alleged in court in June that Austin PD officers accused of misconduct receive disparate treatment, reported The Austin American Statesman. Detective Gary Fleming, an internal affairs investigator, told a Travis County judge that if the investigation revealed possible criminal violations, “the less time (officers) had with the department, the more exposure (they) had” to being investigated further or having the case referred to the Travis County District Attorney.

The testimony came during a trial of Eric Snyder, a two-year officer accused of punching a handcuffed prisoner in March 2000. Snyder’s attorney argued he was victim of a departmental bias against younger officers.

Fleming testified, “Generally speaking, we used to joke about it in the office. If you were above the rank of sergeant, (the allegation) practically had to be on videotape unless you weren’t liked by the administration.”

Fleming introduced evidence that in 22 cases since 1991 in which police were accused of using excessive force, criminal charges were filed against five officers. Of those, three had been with APD three years or less.

Excerpts from Austin-American Statesman coverage:

Former Detective claims IAD inquiries are not equal

Austin – Detective Gary Fleming, a veteran internal affairs investigator told a Travis County Judge on June 19 that Austin PD officers accused of wrongdoing are not investigated equally. Fleming, a 31-year veteran who headed the APD IAD unit for 18 years before retiring in 2001, said IAD was told by police administrators which officers to investigate and how far to take those investigations.

Fleming said that more often than not, if the investigation revealed possible criminal violations, “the less time (officers) had with the department, the more exposure (they) had” to being investigated further or having the case referred to the Travis County District Attorney’s Office.

Fleming’s surprise testimony came during a trial of Eric Synder, a two-year officer, accused of punching a handcuffed prisoner in March 2000. Synder’s defense attorney, Stephen Edwards, argued that Synder was the victim of an APD bias against younger or inexperienced officers.

Fleming also testified that there were times when he was ordered to stop looking into allegations against an officer or taken off a case. He said that rarely occurred when the officer under investigation was young, low ranking or inexperienced.

Fleming testified, “Generally speaking, we used to joke about it in the office. If you were above the rank of sergeant, (the allegations) practically had to be on videotape unless you weren’t liked by the administration.” APD administration have repeatedly denied that’s the case and that they do not selectively enforce the law.

Court documents, entered into evidence by Edwards, show that in 22 cases since 1991 in which police were accused of using excessive force, criminal charges were pursued against five officers. Three of those officers, including Synder, had been with APD for three years of less. Fourteen of the officers involved in those cases had been with APD at least four years.

Edwards asked Judge Julie Kocurek to dismiss the misdemeanor official oppression charge against Synder. Synder recently resigned after the incident two year ago. Judge Kocurek said she would take up that issue again at a June 28 hearing.

Judge Kocurek said she would consider whether younger or inexperienced officers deserve protection from discrimination. If she finds that they do, she may order APD Chief Stan Knee to testify about his disciplinary decision-making process before ruling on Edward’s request to have the criminal case dismissed.