Fort WortH. January 9,2017 Firefighters’ and Police Officers Civil Service Commission City of Fort Worth 1000 Throckmorion Street Fort Worth, Texas 76102 To the Honorable Commission: In accordance withthe City of Fort Worth Firefighters’ and Police Officers’ Civil Service Rules and Regulations, the Texas Local Government Code, and the authority contained therein to the head of the Police Department to effectuate disciplinary action, I have suspended Officer W. Martin #3872 for ten (10) calendar days, This suspension is to take effect on January 10, 2017. The basis for this suspension is my conclusion that a violation of the City of Fort Worth Firefighters’ and Police Officers’ Civil Service Rules and Regulations has been committed, as contained in 13.004, which slates in pat: CAUSES FOR REMOVAL OR SUSPENSION 13.004 ‘The tenure of every evil service employee shall only be during good behavior, and any such employee may be suspended or indefinitely suspended from the civil service for any actions or omission irvolving one or more ofthe following grounds: 4. Neglect of duty; ‘5. Discourtesy tothe public orto fellow employee while the fie fighter or police officer isin the line 0° duty; 8. Conduct prejudicial to good order; 12, Violation of an applicable Fire or Police Department rule, directive, general or special order. ‘The conduct of Officer W, Martin #3572 that displayed actions and/or omissions of the above ied causes for removal or auspension ae as follows ‘On Wednesday, December 2, 2016, Officer W. Martin #3572 was dispatched on a disturbance call to a residence in Fort Worth. "According to the first caller (a male), multiple subjects purposely threw trash in his yard. The subjects were arguing with him and refused to leave. A short time late, a second pesson (a female), called to report her eight-year-old brother had been ‘grabbed by a man because the child threw trash. A third ealler (a second female), called and 1 POLICE DEPARTMENT INTERNAL AFFAIRS “THE CY oF Fors WORT # Bob B01 PUBLIC SAETY COMPLEX 50S W. FEL ST Font Wow, TX 7 (617) 392-4970 Fax (817) 392-0282informed the dispatcher she was in front ofthe male's home and asked why officers were taking so long to respond. That eller identified herself by name and date of birth. Officer Martin arrived approximately sever minutes after the thin eall to dispatch and located the male and {emale callers near the origiral cal location After a brie? conversation with the male, Officer Martin approached the female who was the mother of the young child axcused of throwing trash. During the conversation, Officer Martin asked the female why she had not taught her son to not lite. The female stated even if het son did litter it did not make the male's conduct of touching her son acceptable. Officer Martin responded, “Why not?” Officer Martin then told her that if she “pissed” him off, he would take her to jail. After this statement, the female’s 15-year-old daughter, stepped between Officer Martin and the female. Offer Martin pulled the daughter away and pushed the female to the ‘ground, unholstered his Taser from his gun belt, and placed it on the female's back. Officer Marin and pointed his Taser atthe female's 15-year-old daughter, ordered her tothe ground, and then placed the mother under arrest, securing her in handcuffs ‘Officer Martin then approached the 15-year-old daughter who he previously dtected to lay down, in the street. Officer Martin grabbed her by the back of the neck and turned her face down towards the street, placing Her under arrest as well. He secured her in handcuffs, and walked both women towards his patol vehicle. Prior to placing the mother and daughter in the back seat, of his patrol vehicle, another female, possibly a juvenile, stood by the rear driver’s side door. Officer Martin ordered her to step back and then pushed the female away from his patrol vehicle when she refused. Orficer Martin opened the rear driver’s door and placed the 15-year-old in the backseat. In an effort to clese the ear door without causing injury to her, Officer Martin used his foot to push the left lower leg of the 15-year-old into his pattol vehicle and closed the door Offiver Martin then walked seound the patol vebicle and plived he mother in the back passenger side ofthe vehicle Officer Martin approached the female’s 19-year-old daughter who was nearby recording the incident with her cell phone, grabbed her, placed her under anes, and confiscate her cell phone. After securing her in handeulls, Officer Martin raised the 19-year-old daughter’s ams above her head while her hands were handeuffed behind her back. ‘The incident was recorded with Officer Martin's body-worn camera and by the 19-year-old daughter via Facebook Live. ‘These act 1s constitute vielations of the following: FORT WORTH POLICE DEPARTMENT GENERAL ORDERS/CODE OF CONDUCT 1. General Order 703.00-PROFESSIONAL CONDUCT B. Neglect of duty on the part of any employee is cause for disciplinary action. The offender shall be disciplined according tothe severity of the violation, the commensurate responsibility oraccountability of their rank or position, the results brought about by the action or inaction, and the effect it has upon the discipline, good order, and best interest of the department. Neglect of duty includes, but isnot limited fo, the following 2. Failure to observe and give effect to the federal, state, and local statutes and the policies and. procedures ofthe departmen: 6. Using excessive force tovard any person, 7. Being disrespectful to any person C. No officer shall engage in any personal conduct which could result in justified unfavorable criticism of that officer or the department H. Within the city limits of Fort Wort, officers shall at all times take appropriate action to: 6. Thoroughly investigate all offenses and incidents that are the responsibility ofthe officer. According 10 the Fort Worth Police Department General Orders: “Excessive conroforce ‘sults when the use of force is greater than that used by the violators level of resistance." This definition includes eve the sightet lve of force considered to be “greater than justified." Levels of force that were ance referred 1o by the Fort Worth Police Department as "rough Ihondling” on “inmecessnry force” are inched ina single categorical spect of excessive controlforce Officer W. Martin #3572 was commissioned as a Fort Worth Police Officer on March 17, 2006, Officer Martin violated state and departmental rules and policies by using excessive fore, being isrespectful, and failing to horoughly investigate a criminal offense. Officer Martin raised the hhandcuffed arms of the female's 19-year-old daughter towards her head after she refused 10 provide identifying information, Officer Martin's statements inchuding asking the female why she did not teach her son rot to litter, displayed disrespectful behavior. Officer Martin also failed to thoroughly investigate the incident by not reviewing the facts available to bim in reference t0 subsequent arrests ofthe female's two daughters. Pursuant to the incident, and his actions, media coverage portrayed Officer Martin and the Fort Worth Police Department in a negative light that generated justified unfavorable criticism towards both. Officer Martin disregarded the policies of the Fort Worth Police Department and his actions demonstrated ‘behaviors that are inconsistent with the eonduct expected ofa Fort Worth Police Officer The facts as stated above ccnvince me the above-cited sections of the Firefighters’ and Police Officers’ Civil Service Rules and Regulations of the City of Fort Worth, and the Fort WorthPolice Department General Orders!Code of Conduct, were in fact violated by Officer W. Martin 43572. The facts and allegations that gave rise to this disciplinary action were discussed with Officer Martin, at which time he was provided an opportunity to respond to the allegations prior to any fina determination being made. Based upon Officer Martin's violations of the Firefighters’ and Police Officers’ Civil Service Rules and Regulations of the City of Fort Worth, General Onlers and the Code of Conduct, i is my belief that he failed to maintain the high standards expected of a Fort Worth Police Oiicer. In determining appropriate disciplinary action, all factors are considered to ensure that the discipline is proportionate tothe officer's conduct. In my discussions with Officer Martin, he ‘was contrite, acknowledging responsibility for the mistakes that he made, and expressing remorse for those mistakes. Officer Martin also conveyed a willingness to accept counseling and criticism for his actions. Once the suspension has been served, Olicer Martin may be assigned to the Trail Lake Estates and surrounding neighborhoods specifically to restore the trust and credibility that was lost durirg the viral encounter and reinfree prior groundwork lid within our community to an atmosphere conducive to legitimate reconciliation with our citizens. The Fort ‘Worth Police Department is committed to taking whatever steps are nevessary to enhance the partnerships with the community and the etizens we serve. Though there were multiple errors in judgement by Officer Martin in this ease, itis my belief that he has @ future as a Fort Worth Police Officer and that his actions do not warrant an indefinite suspension, ‘Therefore, I suspend Officer W. Martin #3572 for fen (10) calendar days, such suspension cffectve January 10, 2017. ‘A copy of the order of suspension that informs Officer W, Martin #3572 of the appeal options available under Chapter 143 of the Texas Local Government Code is altached to this letter, and, by this reference, incorporated herein forall purposes. Respectfully submited, Toel F. Fitzgerald, Sr, Ph.D. Chiet of Police jaw