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Austin police say Sgt. Wendell Poindexter, who oversaw
the department's sex crimes unit, molested a mentally disabled
woman on the drive home from a family wedding in October. Then, investigators
say, Poindexter tried to dupe a lie-detector test after telling internal
affairs interviewers that he was too drunk to remember whether the incident
occurred.
"His position within the organization makes his conduct even more
disturbing," Police Chief Stan Knee wrote in a disciplinary memo.
"Even if Sergeant Poindexter was intoxicated, as he claims, no level of
intoxication justifies his outrageous conduct."
Knee fired the 38-year-old officer on Thursday. Results of a separate
criminal investigation were turned over to the Travis County district attorney's office several weeks ago, Police Chief of Staff
Mike McDonald said.
That case, he said, likely will go before a grand jury, which will consider
indicting Poindexter on felony attempted sexual assault charges.
He had no previous disciplinary problems with the department, McDonald said.
His lawyer, Tom Stribling, said Poindexter will
appeal the firing through arbitration and that Poindexter's family did not
want the department to continue its investigation.
"Sergeant Poindexter has a 14-year history with the Austin Police
Department, which is exemplary," Stribling
said. "Because of one night of consuming more alcohol than he was
accustomed to, events occurred that he doesn't even remember, and those
events unfortunately were in a family setting.
"The family has resolved the issues for itself," he said. "The
people involved know this is totally out of character for Sergeant
Poindexter, and they know that he didn't know what he was doing. Each of the
family members have forgiven him and believe that he
should retain his job as a police officer."
According to the department disciplinary memo, which city lawyers edited to
mask the identity of the victim, the attempted assault occurred on Interstate
35 in the back seat of a vehicle on the way home from an Oct. 13 wedding
reception at the downtown Four Seasons Hotel.
The adult victim, who had received brain injuries in a car crash, was riding
between Poindexter and another man. Poindexter's wife was riding in the front
passenger seat; another woman was driving.
During the ride, the memo says, Poindexter made several advances toward the
victim and groped her sexually. According to the memo, Poindexter also
exposed himself and forced the victim to touch him.
Later that night, the driver helped the victim file an affidavit detailing
the incident with Round Rock police. She told police that she saw Poindexter
in the rearview mirror trying to kiss the victim and pull her toward him.
After determining that the assault would have taken place in Austin, Round Rock authorities referred the case to Austin detectives, who began separate administrative and
criminal investigations.
At that time, McDonald said, Poindexter was reassigned from the sex crimes unit,
where he had been a supervisor for two years, and he was subsequently
suspended.
When interviewed, the memo says, Poindexter told investigators that "he
was so intoxicated that he did not remember anything about that night,
especially the alleged assault."
However, the memo also says Poindexter was able to tell internal affairs
investigators "what he had to drink that evening, how much he had to
drink, how many people were at the reception . . . and the type of food that
was served buffet-style."
On Nov. 19, he was given a polygraph examination. The memo says the employee
administering the test told investigators that "Poindexter was trying to
defeat the polygraph by controlling his breathing, causing an abnormal
reading" and making the completion of the test impossible.
The victim would not assist Austin police with their investigation, the memo says,
but she "never recanted the allegations."
McDonald said the sustained accusations and Poindexter's refusal to cooperate
with the investigation warranted his termination.
Stribling called the incident an unfortunate family
matter that should not involve the department.
"This is not a case involving poor job performance, nor is it a case
where the public needs to be protected from the officer," Stribling said. "The question is, 'Is this even an
appropriate issue for job discipline, much less indefinite suspension?'
"
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