The Peaceful Streets Project and her members have long been targets of the criminal cops of the Austin Police Department. Ever since the illegal arrest of founder Antonio Buehler on New Year’s Day 2012, the Austin Police Department, with the help and support of prosecutors, have attempted to bring Buehler and the Peaceful Streets Project down. Buehler has been arrested a half dozen times, while other members of the Peaceful Streets Project have been arrested an additional half dozen times — all for daring to try to hold the police accountable. Fortunately for the Peaceful Streets Project, we have had good representation for each bogus charge brought forth, and we have been cleared of all charges.
Unfortunately for us, the police have gone much further than just arresting us on the streets. For example, they had previously tried to have us labeled as domestic extremist threats, they have lobbied the District Attorney to attempt to indict us on trumped up felony charges, and they continue to slander us in the media. And these actions haven’t been led by a few “bad apples” in the department–they have been directed and led by the Hubert Arturo “Art” Acevedo, the Chief of Police.
Most recently, after the illegal arrest of Antonio Buehler and Mike Smith on August 2, 2015, Hubert Acevedo and his minions floated the lie that Buehler had gotten in the officers’ faces which would supposedly give the cops enough probable cause to arrest Buehler for Interference with Public Duties.
However, there are two problems with such an assertion. First, all the video evidence that exists proves that the cops lied. Buehler never got in the cops’ faces. Instead, Buehler stood still as the police officers repeatedly approached him, violating his space, and intimidating and threatening him for exercising his First Amendment rights. In all, there are a half dozen videos that were taken by the Peaceful Streets Project, and HALO video and cell video taken by the Austin Police Department that proves that the cops lied.
Second, irrespective of guilt or innocence, the Chief of Police nor any other police officer should never comment publicly in a manner which could suggest guilt against a criminal defendant. On August 29, 2015, Hubert Acevedo violated basic decency and professional standards in sending out a tweet which suggested that Buehler gets in the faces of police officers when filming them. Through his unprofessional actions, Hubert Acevedo brought discredit to an already corrupt department and profession.
Buehler filed the official complaint with the Office of the Police Monitor (OPM) on January 20, 2016. As with all complaints, we fully expect this one to be papered over. We post the contents of the complaint below, publicly, as a service to the people who the system does not represent. We will provide an update when Hubert Acevedo or one of his minions determines that he did not violate policy.
Narrative-description of what happened:
I am a member of the Peaceful Streets Project. We are a grassroots community activist organization that attempts to change culture so that police do not abuse people or commit crimes, and so that members of the public will hold the police accountable. One of our primary activities as an organization is filming the police (“cop watch”) while they are performing their duties in public. On the night of August 1, 2015, I joined a group of Peaceful Streets Project volunteers downtown to cop watch in the Sixth Street area. During that cop watch, I was harassed on multiple occasions for filming the police, and ultimately illegally arrested for exercising my First Amendment rights.
More specifically, I was arrested by SGT Randy Dear, Officer Aljoe Garibay, and other police officers for Interference with Public Duties while I legally stood in a public street filming the police. SGT Dear had approached me in the moments leading up to the arrest, and at previous times in the night, getting so close that he placed his face in front of my camera. At no point in any of my interactions with SGT Dear did I ever move my body or my arm toward him to place a camera in his face. Every single time that my camera was in close proximity to his face he had moved his body and face toward my stationary or retreating camera.
In the days following the arrest we released multiple videos that proved that the claims made by Officer Aljoe Garibay in the probable cause affidavit, and by the other officers in their supplementary reports, were abject lies. It is apparent to even the most inattentive person that the only reason why a camera was ever in close proximity to SGT Dear or any other police officer’s face was because they approached me and stuck their face in my camera. I will be able to transfer those videos to a hard drive during my interview with IA/OPM. Furthermore, the HALO cameras that the Austin Police operates and controls also showed that the only time that my camera ever got close to any police officer’s face was when the police officer approached me while I stood my ground.
Despite having irrefutable evidence that I was not guilty of any crime, that the arrest was illegal, and that the affidavits and statements written against me were filled with lies, Hubert Acevedo chose to use his position as Chief of Police to mischaracterize my actions while there were pending criminal charges against me. On August 29, 2015, he reposted on Twitter a screenshot of a Peaceful Streets Project Facebook post I had authored. My initial post was intended to highlight the manner in which police and their supporters often slander the dead immediately after an officer involved shooting, and it also highlighted the hypocrisy of many police officers and their supporters who get offended at public information office tactics when used against police officers. In his tweet, Hubert Acevedo added, “This is how mind of so-called peaceful activist works & why police officers don’t want him inches from their face.”
My complaint(s) is/are:
1. Hubert Acevedo violated APD Policies 301.1, 301.2 by using his position and reach to perpetuate false criminal allegations against me. This was discriminatory in nature because he does not use social media to suggest other criminal defendants are guilty of the crimes they are charged with, but has repeatedly targeted me in his social media posts.
2. Through his actions, Hubert Acevedo violated APD Policy 301.3, further eroding APD’s standing with the community.
3. Hubert Acevedo violated APD Policy 455.5(b)1 by using Twitter to make comments suggesting that I was guilty of the fraudulent charges levied against me on August 2, 2015. At the time he made these comments, the charges were still pending against me.
4. Hubert Acevedo violated APD Policy 900.3.1 by perpetuating the lie that I get within inches of police officers’ faces. If Hubert claims that he was ignorant of the ample evidence that proves that I wasn’t getting within inches of officers’ faces then he is either lying or profoundly incompetent.
5. Hubert Acevedo also violated APD policy 900.3.2. Hubert’s position as Chief coupled with his misuse of social media to attack the character of someone who was wrongfully arrested by his police officers is in every way a despicable act. Even if I were legally arrested, which I wasn’t, it would have still been improper for him to mischaracterize my actions in a way that could potentially influence a jury pool.
This is a formal complaint. This incident presents policy violations that warrant closer examination to identify, address and correct officer conduct. I request that Anthony Hipolito not be staffed on this complaint given his prior role misleading the media regarding my now infamous New Year’s Day 2012 arrest.
Peaceful Streets Project founder files complaint against cop who interfered with cop watch and assaulted him
The Peaceful Streets Project was founded by Antonio Buehler in response to the the Austin Police Department cover up of the crimes committed against him and another person by Officers Patrick Oborski #4736 and Robert Snider #6846 on January 1, 2012, as well as numerous other cases of police abuse, corruption, crime, and violence that were uncovered in the months following the New Year’s Day incident.
Buehler and several other members of the Peaceful Streets Project initially tried to use the avenues provided to them by the system to get justice through formal complaints, pleas for criminal charges, and civil suits. In each instance, despite PSP members’ innocence, compelling evidence of cop misconduct and crime, and evidence of lies and perjured documents by the offending police officers and their superiors, the cops were not only cleared of criminal wrongdoing, they were neither fired nor disciplined for their misdeeds. In fact, while politicians and the police used the media to slander PSP members, some of the cops were given awards in spite of their criminal conduct.
In the face of such gross injustice (not to diminish the even greater injustice of Austin cops raping and murdering people), which required not only the support of the entire police chain of command, but also the support of local politicians and prosecutors, the members of the Peaceful Streets Project quickly came to realize that the system would not and will never police itself. Nor does the system have any interest in reforming itself from violent institutions that expend enormous resources to prey upon the marginalized and oppressed into peaceful institutions that promote accountability and justice while also ensuring that their actions do not further harm the marginalized and oppressed.
The Peaceful Streets Project instead is focused on engaging in direct action tactics that will draw a dedicated cadre of activists who will ultimately empower communities to engage in larger scale, coordinated actions that will create alternatives to and ultimate make obsolete the violent status quo known as the criminal justice system.
While our focus is on imagining, planning and engaging in radical direct actions, some of us have decided that we will once again utilize certain establishment approved processes when appropriate. We do so knowing that these processes are meant to provide the veneer of accountability while fooling the populace into believing they have a say in how the system is operated. We do not expect our actions to actually result in police officers or other officials being disciplined, fired, arrested, or tried for their corruption and crimes. We simply plan to use these processes to highlight the absurdity that is the system by formally documented the efforts that police, prosecutors, judges, politicians, and the media will go through to prevent justice from prevailing. While the system may eventually sacrifice a cop to the process in order to make the public believe that sometimes the system works, those who are paying attention will recognize that far more often than not the worst criminal cops are the ones who are most protected by the system.
We will post some of those efforts on this webpage. The first attempt is a formal complaint that Antonio Buehler has filed against Officer Zachary Scott Baldridge #7042 for his actions on the night of June 13, 2015. Buehler was with a team of Peaceful Streets Project copwatchers that same evening in downtown Austin. When the Peaceful Streets Project team observed a disturbance and policing surrounding a young man, the PSP team moved in to film the incident. Baldridge zeroed in on Buehler and blocked his view. Each time Buehler tried to move to a different position to film the incident, Baldridge moved to place his head and body in front of Buehler’s camera. Eventually, Baldridge shoved Buehler when he allowed Baldridge to block his view, which constitutes assault.
The video to that incident is embedded in this post, and the formal complaint can be found here: 15.12.02 Baldridge Complaint Affidavit for upload. Consider this an evolution of our Police Abuse Complaint Department. Through the video and the complaint, it should become quite apparent that Baldridge (and probably SGT Randy Dear #4422) broke both Austin Police Department policy and Texas state law. We will provide you follow ups on the progress and outcomes of the so-called disciplinary and criminal processes that are supposed to take place in the aftermath of documenting these policy violations and cop crimes. Don’t hold your breath that justice will be served — for that we need you to get involved in Peaceful Streets Project actions.
UPDATE 1: On December 3, 2015, we were informed that no use of force report was filed. That means at a minimum that Officer Zachary Baldridge failed to file a required report, and the SGT Randy Dear failed in his duty to ensure the report was filed.
UPDATE 2: On February 4, 2016, we were informed that the case was not being submitted to SIU for an investigation into criminal action by Officer Zachary Baldridge. So that means that either cops are allowed to assault cop watchers, or that shoving someone in the chest in not assault. It would be interesting to find out if the Austin Police Department is willing to allow people to shove their coward cops in the chest.