In addition to conflicts with persons they encounter in the line of duty, many people don't realize that the same issues of machismo which spur many incidents of brutality also cause some police officers to have perhaps a disproportionate share of problems with spousal abuse, sexual harassment, or other gender conflicts. The examples below come for the most part from an open records request for sustained complaints against the APD over the period 1990 to 1997. The cases were selected because they involved abusive behavior by police officers toward women. That information was supplemented with criminal searches in the Travis County courthouse.

The City of Austin claims that complaints which don't result in a outright "temporary" or "indefinite" suspension, i.e., the vast majority of complaints (92.5 percent in 1997), are not public records. Indeed, 70 percent of "sustained" complaints in 1997 did not result in suspensions, though the complaint may have resulted in lesser disciplinary actions such as reassignment, and verbal or written reprimands. Until the Attorney General rules differently, though, the City will not release information about these other classes of disciplinary actions. Since officers frequently had to misbehave repeatedly before the department suspended them, this list should be viewed as representative of the types of problems which occur, rather than as a comprehensive list of offenders.

Perhaps most interesting are the cases of George Herrera and Doroteo Hernandez, where the department re-installed fired officers with repeated and lengthy histories of spousal abuse, and Richard Matta, who was arrested after allegedly assaulting his wife but not disciplined by the APD. Taken collectively, these case studies offer a rare glimpse into the violent dark underbelly of law enforcement -- the tolerance of repeated and unrestrained abuses of power, in this case in the context of gender, but also frequently in matters of race and class.

Here are some of the stories from the APD gender wars that we do know:

• Mike Kimbro The head of APD's family violence unit, Lieutenant Mike Kimbro, was placed on paid leave in August 1998 while Internal Affairs investigates "allegations that he engaged in sexual misconduct." The allegations have also been forwarded to the Travis County District Attorney's office for review. He was replaced by a female officer. This case is still pending. (Source: "Police officer faces sex allegations," Austin American Statesman, 8-11-98)

• Roger Davis, #2419 In June 1997, Officer Roger Davis entered Officer Enola Gay Brown's office and, in response to her question about his purpose for being there, replied that Officer Brown knew what he wanted. When Officer Brown denied knowing what Officer Davis wanted, Officer Davis made the following or similar statements: 'why not me?' and 'why can't it be me and you?" Davis left Officer Brown's office after Officer Brown reminded Officer Davis that he is married. That evening a call was made to Officer Brown's home telephone from Officer Davis' home number, but no message was left." In August 1997, Davis "stood in the doorway of Officer Brown's office and made a remark about the two of them 'getting together.' On other occasions Officer Davis made unnecessary and unsolicited contact with Officer Brown's arm or hand while walking past her or when seated next to her." On September 11, 1997, Davis stated to a female civilian secretary in the APD Recruiting Unit that she'd better be glad he was married or he'd be having some fun with her [or would be 'hurting' her]" (brackets in original). Officers Roy Shipp and Craig Howard spoke to Davis "on separate occasions concerning complaints from female officers in the Recruiting Unit that Officer Davis' behavior made them uncomfortable. Officer Howard spoke to Officer Davis at least twice about this subject. Several female officers had also verbally rebuffed Officer Davis at the time of earlier comments and unsolicited touches. Despite these warnings, Officer Davis' conduct continued." After all this, Chief Stan Knee suspended Davis for just one day.(Source: Disciplinary Memorandum, 12-16-97)

• Ivey Yancey, #1588 On July 27, 1997, Senior Officer Ivey Yancey, an eleven year veteran, "assaulted his girlfriend by choking and pushing her." During the Internal Affairs investigation, Officer Yancy "misrepresented his actions during the incident by failing to provide accurate and complete information regarding his conduct. Further, ... Officer Yancy was advised by his supervisor that a warrant had been issued for his arrest in connection with the assault ... Officer Yancy was directed by his supervisor to turn himself in to the warrant office. Although Officer Yancy acknowledged the order and promised to turn himself in that day, he failed to do so." (Source: Disciplinary Memorandum, 1-21-98) Officers on the scene swore that the girlfriend had been hit in the face, and exhibited a bleeding lip and bruises on the neck. (Affidavit for warrant of arrest and detention, 7-27-97, in Travis County court file, cause #312931) Chief Knee suspended Yancy for 15 days in early 1998, but allowed him to return to the force.

• Max Johnson, #2271 On January 20, 1997, while off duty at his residence, Officer Max Johnson "engaged in a verbal and physical altercation with his wife, Kimberly Johnson. During the altercation, Officer Johnson pushed his wife onto a bed. When she responded by kicking Officer Johnson away from her, he struck her once in the area of the left eye causing her pain and injury. Mrs. Johnson called the Lockhart Police Department immediately. When officers arrived, Officer Johnson acknowledged that he had struck his wife and subsequently was arrested for family violence." Officer Johnson was suspended for 10 days but allowed to return to the force. (Source: Disciplinary Memorandum, 5-30-97)

• Sheldon Salisbury, Jr., #1286 On December 30, 1993, Officer Sheldon A. Salisbury, Jr., was caught soliciting a prostitute to engage in sexual conduct for a fee. He was suspended for 45 days but allowed to return to the force. (Source: Internal Affairs Personnel Directive, 2-3-94) Salisbury was suspended for 60 days for an October 1995 incident involving drunk driving and for an off-duty roadside altercation with motorists in which Salisbury was severely beaten after provoking a fight. (Source: Disciplinary Memorandum: 3-29-96) On March 17, 1997 at the APD firing range, Officer Salisbury walked up behind a female police officer who was gathering her equipment at a table. Referring to one of the hip pockets of her blue jeans, Salisbury asked her, What's that, Skoal?' He then patted her buttocks, where the officer had two small containers of lip balm in her jeans pocket. The female officer was offended and told Officer Salisbury not to ever touch her again. Salisbury was suspended for five days. The report states that Salisbury already was participating in a mandatory alcohol abuse program from his 1996 suspension, and that he'd been undergoing counseling with an APD staff psychologist since 1995. (Source: Disciplinary Memorandum, 6-30-97)

• George R. Herrera, #948 Officer George Herrera appears elsewhere on this site as one of the shooters involved in the killing of William Potter in December 1992. On Christmas 1994, the Travis County Sheriff's Department intervened in a domestic dispute at Officer Herrera's home. Deputies learned that Herrera had "struck his wife several times with a closed fist and had pulled her by the hair. The blows left marks on her body which were observed by the officers and by others when Mrs. Herrera received medical treatment. ... Mrs. Herrera advised the officers that she was afraid of her husband and feared the violence would resume when they left." When they tried to arrest the intoxicated and uncooperative Officer Herrera, he repeatedly used profanity, "made aggressive movements" toward one of the officers, and had to be pepper sprayed so he could be restrained and transported to jail. Following his release, Herrera failed to follow written orders by refusing to contact his superior officers except through his attorney. He was given an "indefinite suspension," usually the equivalent of termination. (Source: Disciplinary Memorandum, May 13, 1995) It's unclear from the records presently available how Herrera got back onto the force, but by the following year he was again on active duty and again getting into trouble. On May 18, 1996, the Travis County Sheriff's Department arrested Herrera after "responding repeatedly to family violence calls at Officer Herrera's home." This time he was suspended for 15 days. (Source: Disciplinary Memorandum, 8-9-96) On August 6, 1997, Officer Herrera and his wife got into an fight at a restauraunt on their wedding anniversary. Upon leaving, Herrera and his wife continued their argument, culminating when "blows were exchanged." Herrera did not take his wife home, but dropped her at the home of a female A.P.D. officer against his wife's wishes. That officer was not home so Mrs. Herrera was left with the female officer's roommate and Officer Herrera departed. After being paged at work by her roommate, the female officer spoke to Sandra Herrera on the phone and was told that she had been assaulted by her husband and she had injuries. A large knot on Mrs. Herrera's head and facial swelling were viewed by multiple witnesses. Herrera first told Internal Affairs he hadn't hit his wife, then changed his story during a polygraph test and admitted that he hit her only in self defense. "Despite prior discipline, prior arrests and counseling, Officer Herrera persists in this type of behavior." Coupled with another nearly concurrent incident in which Officer Herrera destroyed narcotics evidence, Herrera was given his second indefinite suspension. (Source: Disciplinary Memorandum, 1-16-98)

• James Castro, #2938 On August 13, 1996, APD officers responded to a disturbance call and were told by the sister of Monica Aparicio that her sister, who'd by then left the apartment, had been arguing with her boyfriend, APD Officer James Castro who was still inside. Castro refused to stand to be searched for weapons, to identify himself, or to otherwise assist in the investigation. The report states that Castro had deep bloody scratches on his chest, indicating that the argument with his girlfriend had been violent. Castro was suspended for one day. (Source: Disciplinary Memorandum, 1-21-97) Scarcely more than a month after he was disciplined, Castro was in trouble again for family violence. On February 28, 1997, APD officers responded to an emergency call regarding a family violence disturbance at the same apartment. "Initially, neither Castro nor Ms. Aparacio responded to the officers knocking at the apartment door," read the disciplinary memo, but soon after Officer Castro "began to cooperate and the officers forced entry into the apartment. Both Officer Castro and Ms. Aparicio were arrested and charged with family violence/assault." Acting Chief Bruce Mills suspended Castro for two days. (Source: Disciplinary Memorandum, 7-15-97)

• Doroteo Hernandez, #2947 In January 1996, San Marcos police arrested Officer Doroteo Hernandez and charged him with assault, family violence and bodily injury after intervening in a dispute between he and his wife while they argued about their impending divorce. He was suspended for 15 days. (Source: Disciplinary Memorandum, 6-21-96) Unrepentant, Officer Hernandez violated a Hays County District Court Protective Order multiple times from February to October 15 of that year, when he was arrested and charged with violation of a protective order and retaliation. Hernandez violated the Order by repeatedly visiting his ex-wife without her consent at her place of employment. Chief Watson gave Hernandez an indefinite suspension (Source: Disciplinary Memorandum, 2-7-97). Later, in an unusual move comparable to the Herrera re-instatement case (above), Acting Chief Bruce Mills overturned Watson's decision and returned Hernandez to active duty, commuting his punishment to a 194 day suspension, or essentially "time served." (Source: Disciplinary Memorandum, "Modification of Indefinite Suspension of Police Officer Doroteo Hernandez #2947," 8-20-97)

• William Franks, #347 In June 1997, Senior Officer William Franks pushed or grabbed his wife, causing her to fall backward onto the floor and painfully strike her tailbone. His wife reported the incident to the San Marcos police and the APD, stating her husband was intoxicted during the incident. An IAD investigation revealed previous unreported incidents. On May 2, 1997, Franks kicked in the front door of his residence during an argument with his wife. San Marcos police arrived to find Franks outside, intoxicated, wearing a weapon. The officers confiscated the weapon and took Franks to a motel, rather than arrest him. On March 8, 1994, Franks was arrested by the San Marcos police for Assault with Bodily Injury -- Family Violence. The report indicated Franks was drinking during this incident as well, and that he failed to report the arrest to his supervisor or to IAD. Chief Stan Knee suspended Franks for just 15 days, but allowed him to return to work and chopped off seven days if Franks agreed to get counseling and to comply with other restrictions. (Source: Disciplinary Memorandum, 10-27-97)

• Ted Nobles, #1104 In February 1996, Sergeant Ted Nobles used APD computers to send unauthorized personal messages to two female dispatchers. "Many of the messages related to [one of the dispatchers] and her husband and included threats regarding [her] husband and Noble's intent to leave a threatening note on the husband's automobile. On Valentines day, Nobles did go to the husband's home and left a threatening note on his windshield. Nobles was suspended for three days. (Source: Disciplinary Memorandum, 5-7-96)

• Cedric McKelvey, #2432 On March 23, 1996, Senior Officer Cedrick McKelvey "stopped a female driver for an expired inspection sticker. During the traffic stop, Officer McKelvey engaged the female driver in conversation about her residence and marital status. Shortly after the traffic stop, Officer McKelvey called the female driver's residence and left a message on her answering machine, offering to assist her if she had questions or problems regarding her traffic citation or registration of the automobile. Although his call was not returned, Officer McKelvey called the female a second time on March 23 and a third time on March 24 without leaving messages." In addition, that January McKelvey was found to have misled APD dispatchers and left his assigned district while on duty without supervisory approval to visit a female acquaintance for personal reasons. For these combined offenses, McKelvey received a one day suspension. (Source: Disciplinary Memorandum, June 17, 1996)

• Troy Hyatt In July 1994, A.P.D. patrol officer Troy Hyatt was convicted of two counts of sexual assault on a 14 year old girl. Hyatt joined the A.P.D. in 1986; he was suspended after he was indicted in Bastrop County. He was accused of having sex with the family babysitter in his car when he was supposed to be taking her home. Prosecutors asked for a 17 year sentence, but the Bastrop county jury which found him guilty let Hyatt off with probation. (Source: Austin American Statesman, 7-15-94)

• Andrew Perkel, #2376 On August 6, 1994, Officer Andrew Perkel made "unwarranted, inappropriate comment[s] with blatant sexual overtones directed personally at the female officer" who was serving as his partner on a call. One comment: "If you fuck like you drive, I want your address." The woman told investigators she'd come to "dread" the days when Perkel's shifts overlapped with hers. Officer Perkel was suspended for three days. (Source: Disciplinary Memorandum, January 11, 1995)

• Joyce Casey During July 1994, APD Internal Affairs received a complaint from Jennifer Babyak -- the estranged wife of then-APD Officer Brian Babyak -- about an allegedly improper relationship between her husband and Officer Joyce Casey, a female officer assigned to the Department's training academy while Officer Babyak was a cadet. Mrs. Babyak also complained of harassing phone calls by Officer Casey. An APD disciplinary memo found that during the period 7/19/94 to 7/30/94, Casey made a series of unwelcome telephone calls to Mrs. Babyak, who considered them annoying, offensive and frightening. On July 19, 1994, Casey received a direct order from then-Chief Elizabeth Watson not to communicate with or call Jennifer Babyak, but Casey continued to make such calls after receiving the order. The affidavit accompanying an arrest warrant for Joyce Casey declared that Casey had made at least 25 phone calls to Jennifer Babyak after Chief Watson's order to desist. Internal Affiars claimed Casey had violated the penal code concerning sexual harassment, and she was suspended for ten days. A misdemeanor charge of Harassment by Phone was lodged against Casey by the Travis County District Attorney, but charges were dismissed in September 1995. (Source: Internal Affairs Personnel Directive on Joyce Casey, 11-18-94; Disciplinary Memorandum for Brian Babyak, 1-9-95; Docket sheet and Affidavit for Warrant of Arrest and Detention, in Travis County court file, Cause #421993)

• Richard Matta On May 23, 1994, Officer Richard Matta fired his service revolver during an argument with his wife at her place of employment. Following the incident, Matta refused to cooperate with the Internal Affairs investigation and disobeyed a direct order to submit to alcohol testing. Matta was suspended for 90 days but allowed to return to the force. (Source: Internal Affairs Personnel Directive, 8-19-94) In 1996, Matta had another incident involving spousal abuse, though this time the APD did not discipline him for it. According to the police afffidavit filed with the arrest warrant, on May 11, 1996 officers arrested Matta for drunkenly assaulting his wife and evading arrest. Mrs. Matta exhibited "lacerations to her nose, chin and left cheek, swelling all over her face." The affidavit states that two officers were informed that an Hispanic male wearing no shirt was "beating up a female and chasing her a short distance away." They recognized Matta, but he "approached them in a belligerent manner and began to curse at them and asking irrational questions." Matta first entered a vehicle and locked all the doors, refusing to come out. As an officer radioed in the incident, Matta "got out of the car and approached him again this time telling [the officer] 'Fuck you, arrest me.'" Matta then unsuccessfully tried to wrest the officer's flashlight from his hands, then ran off again. As other units came in, Matta remained irrational. One officer reported that, while moving in front of his car's headlights, Matta slowed "and began to yell at him, cursing and daring [the officer] to shoot him." Ultimately, Matta was cornered in a parking lot by multiple officers and some private security guards, where he was arrested. (Affidavit for warrant of arrest and detention, 6-25-96, in Travis County court file, cause # 462526; see also Affidavit for warrant of arrest and detention, 5-11-96, in Travis County court cause #458312) In the end, assault charges were dropped when Dorothy Matta did not show up for trial in December 1996, leaving only the count of evading arrest on Matta's record. (Source: Motion to Dismiss and Order in cause Travis County court cause #458312) His plea bargain on evading arrest resulted in 180 days probation and a $500 fine. (Source: plea bargain agreement in court file, cause #462526) Although the APD wasn't interested in disciplining Richard Matta, it's possible other government agencies might be. In May 1998 the Texas Commission on Law Enforcement, the state agency which licenses all peace officers, requested copies of Matta's court records related to this latter case as part of "the administrative action toward the defendant's (Matta's) license." (Source: Letter in court file from Jeff Olbrich, Texas Commission on Law Enforcement, to Dana DeBeauvoir, Travis County Clerk, May 20, 1998)

• David Austin On January 1, 1992, Officer David Austin struck his wife from behind, causing her "bodily injury." Austin was suspended for three days. (Source: Internal Affairs Personnel Directive, 3-3-92)

• Robert Simmons In January 1990, Officer Robert Simmons "made repeated phone calls to the residence of his wife which she perceived as harassing and threatening." Simmons denied the allegations to Internal Affairs, but ultimately was found out and suspended for 2 days. (Source: Internal Affairs Personnel Directive,3-26-90) The following year in April 1991, the same Officer Simmons was given a lawful order by his superior officer to not have any further contact with a particular female or to visit her home again. Later that night, Simmons violated the order, then later made a series of harassing phone calls to the same woman. This time, Simmons was suspended for 3 days. (Source: Internal Affairs Personnel Directive, 7-12-91)

• David Dominguez On August 29, 1990, Officer David Dominguez went to Sugar's strip club, got drunk, then identified himself as a police officer and made improper advances and suggestions to female employees. The disciplinary report also indicates he "called a black employee a racially derogatory name." Dominguez was suspended for just 2 days. (Source: Internal Affairs Personnel Directive, 11-27-90)

• Steve Urias In May 1990, Officer Steve Urias "did not issue tickets to Ms. Denisa Folks who he determined did not have a valid driver's license. He followed Ms. Folks to her residence and spent twenty six minutes in her residence not performing any discernible police duties. Later the same day Officer Urias crossed a lane of traffic and parked left wheel to the curb in order to conduct a casual conversation with Ms. Folks, which conversation was entirely unrelated to his police duty." He was suspended for 5 days. (Source: Internal Affairs Personnel Directive, 8-1-90)