From:

Subject: Hubert Arturo Acevedo's Refusal to Report the Arrest of Licensee Jeffry Adickes to TCLEOSE (or "TCOLE")
Date: June 15, 2017 at 10:56 PM
To: Kim Vickers kim.vickers@tcole.texas.gov
Cc: , Amis, Brian - LGL Brian.Amis@houstontx.gov, sylvester.turner@houstontx.gov
Bcc: ,

Mr. Vickers:

Please find the attached correspondence (contained in attached PDF file named Hopkins_2017_000067.pdf) from the Austin Police
Department which is evidence in support of my below formal complaint that you received on or about October 25, 2016 at 13:25:09
PDT. Copies of this communication and all attachments hereto will be uploaded to the internet shortly.. SECOND SUBMISSION
forgot to attach the above-referenced supporting evidence in previous e-mail.

We kinda created a monster.

Assistant City Attorney Elizabeth Cary Grace
August 18, 2016

Hopkins_2017_0
00067.pdf

9-18565

Begin forwarded message:

From:
Subject: Fwd: FORMAL COMPLAINT AGAINST THE AUSTIN POLICE DEPARTMENT: Austin Police
Department's Failure to Submit TCOLE Criminal Charges Notification Form (E-1) Regarding Jeffry
Adickes' November 29, 2012 DWI Arrest/Charges (Austin Police Department Offense No. 12-3341549)
Date: June 14, 2017 at 11F38F30 AM PDT
To: Kim Vickers <kim.vickers@tcole.texas.gov>
Cc: john.helenberg@tcole.texas.gov

Mr. Vickers:

Your attached (PDF file is named "211.28") email of June 14, 2017 is hereby incorporated by reference. Accordingly, I hereby
reassert, and hereby incorporate by reference, my below complaint which you received on or about October 25, 2016 at
approximately 13:25:09 PDT.

Sent from my iPhone

211.28.pdf

Begin forwarded message:

From:
Date: October 25, 2016 at 13:25:09 PDT
To: Kim Vickers <kim.vickers@tcole.texas.gov>
Cc: Nikki Johnson <nikki.johnson@tcole.texas.gov>,

Subject: FORMAL COMPLAINT AGAINST THE AUSTIN POLICE DEPARTMENT: Austin Police Department's
Failure to Submit TCOLE Criminal Charges Notification Form (E-1) Regarding Jeffry Adickes' November 29, 2012 DWI
Failure to Submit TCOLE Criminal Charges Notification Form (E-1) Regarding Jeffry Adickes' November 29, 2012 DWI
Arrest/Charges (Austin Police Department Offense No. 12-3341549)

Mr. Vickers:

Today, your agency has confirmed that the Austin Police Department did not comply with TCOLE Rules subsequent to its arrest
of Mr. Jeffry Adickes.

The Austin Police Department had knowledge that Jeffry Adickes was a licensed Texas peace officer. Pursuant to Texas
Commission on Law Enforcement (TCOLE) rules, specifically Commission Rule 211.28, an arresting law enforcement agency
chief administrator (Hubert Arturo Acevedo), or his designer, must submit a Criminal Charges Notification Form (E-1) to
TCOLE. Again, Hubert Arturo Acevedo failed or refused to perform this duty. See Chapter 1701, Texas Occupations Code.

I am hereby requesting a thorough investigation by TCOLE. Furthermore, if this complaint after an objective review of the
evidence is determined to be true, I am requesting for TCOLE to impose the maximum penalties allowed.

1809 S Street,
Sacramento, California 95811

Injustice anywhere is a threat to justice everywhere.

Dr. Martin Luther King, Jr.

Begin forwarded message:

From:
Subject: Application for Public Information: Austin Police Department's Submitted TCOLE Criminal
Charges Notification Form (E-1) Regarding Jeffry Adickes' November 29, 2012 DWI Arrest/Charges
(Austin Police Department Offense No. 12-3341549)
Date: September 18, 2016 at 4F53F14 PM PDT
To: kim.vickers@tcole.texas.gov

BACKGROUND:

On or about November 29, 2012, Jeffry Adickes, a then-licensed Texas peace officer, was arrested by the Austin Police
Department for DWI (Austin Police Department Offense No. 12-3341549). The arrest occurred subsequent to Jeffry Adickes'
retirement from the Austin Police Department, where he was employed as an assistant chief. Jeffry Adickes had vomit on his
shirt and on the seat of his vehicle at the time he was contacted.

Jeffry Adickes exhibited 6 out of 6 clues on the Horizontal Gaze Nystagmus Test. He also exhibited vertical nystagmus on that
same test. Jeffry Adickes blew into the PBT which rendered a .192 BAC test result. An analysis of a specimen of Jeffry
Adickes' blood showed that he had a Blood Alcohol Concentration of .235 grams of alcohol per 100 milliliters of blood.
Pursuant to sec. 49.02, Texas Penal Code, operating a motor vehicle while intoxicated in a public place with a Blood Alcohol
Concentration greater than .15 grams of alcohol per 100 milliliters of blood is enhanced to a Class A misdemeanor.

The Austin Police Department had knowledge that Jeffry Adickes was a licensed Texas peace officer. Pursuant to Texas
Commission on Law Enforcement (TCOLE) rules, specifically Commission Rule 211.28, an arresting law enforcement agency
chief administrator (Hubert Arturo Acevedo), or his designer, must submit a Criminal Charges Notification Form (E-1) to
TCOLE.

It is my understanding that, prior to the dismissal of Jeffry Adickes' DWI charge and subsequent to the Austin Police
Department's analysis of the specimen of Jeffry Adickes' blood specimen, an affidavit articulating probable cause to believe that
Jeffry Adickes had a Blood Alcohol Concentration greater than .15 grams of alcohol per 100 milliliters of blood when he was
observed operating a motor vehicle while intoxicated in a public place. Accordingly, I have good reason to believe that Jeffry
Adickes was charged with a Class A misdemeanor as a result to the criminal conduct for which he was arrested by the Austin
Police Department on or about November 29, 2012.

APPLICATION FOR PUBLIC INFORMATION:

All preceding paragraphs are incorporated herein by reference. Please promptly provide me with a COMPACT DISC
containing a suitable PDF copy of the Criminal Charges Notification Form (E-1) AND ALL ARREST REPORTS
(please include copies of all other correspondence, governmental records, and documents by which they were
accompanied) that Hubert Arturo Acevedo or his designee signed and submitted to TCOLE, in compliance with
Commission Rule 211.28, reporting Jeffry Adickes' DWI charge(s) stemming from Jeffry Adickes November 29, 2012
Commission Rule 211.28, reporting Jeffry Adickes' DWI charge(s) stemming from Jeffry Adickes November 29, 2012
arrest by the Austin Police Department.

1809 S Street,
Sacramento, California 95811
Mr.

I am in receipt of your email, but am confused as to its intent.

When an officer is arrested there are three separate entities that have a responsibility to report
that arrest to us. Failure to do so often results in an investigation being conducted by one of
my investigators as to why the report was not made.

If you are aware of such a situation, we would be interested in the details so we can look into it.
If that is indeed your intent of the email, I would welcome further details.

Thank you.

Executive Director
Texas Commission on Law Enforcement

Past President
International Association Of Directors of Law Enforcement Standards and Training

6330 E. Hwy 290 Suite 200 Austin, Texas 78723

512.936.7712
email: kim.vickers@tcole.texas.gov

"Try not to become a person of success, but rather try to become a person of value." - Albert Einstein

This communication, including attachments, may contain information that is confidential and
protected. It constitutes non-public information intended to be conveyed only to the designated
recipient(s). If the reader or recipient of this communication is not the intended recipient, and
employee or agent of the intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in error, please notify the sender
immediately by return e-mail and promptly delete this e-mail, including attachments, without reading
them or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction
of this e-mail, including attachments, is prohibited and may be unlawful.

From: " A. H " >

Date: June 13, 2017 at 14:54:19 CDT
To: <john.helenberg@tcole.texas.gov>
Cc: <kim.vickers@tcole.texas.gov>, Anthony H
Subject: SECTION 211.28. Responsibility of a Law Enforcement Agency to Report an Arrest,
CHAPTER 211. ADMINISTRATION, PART 7. TEXAS COMMISSION ON LAW
ENFORCEMENT, TITLE 37. PUBLIC SAFETY AND CORRECTIONS, Texas Administrative
Code

http://txrules.elaws.us/rule/title37_chapter211_sec.211.28

Sent from my iPhone

 City of Austin
F o u n d e d b y C o n g r e s s , R e p u b l i c o f Te x a s , 1 8 3 9
Police Department, 715 East S"* Street, Austin, Texas 78701-3397 Telcpiionc 512/974-5000

November 17, 2016

H
1809 S Street
Suite
Sacramento, CA 95811

RE: ORR #9-18565

Dear Mr. H :

This letter is in response to your recent Open Records Request received by the Austin Police
Department requesting a copy of the Criminal Charges Notification Form (E-1) and all arrest
reports that Hubert Acevedo or his designee signed and submitted to TCOLE stemming from
Jeffry Adickes November 29, 2012 arrest by the Austin Police Department.

A thorough search of records provided no responsive information.

Sincerely,

Administrative Supervisor
Central Records Division
Austin Police Department
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