AUSTIN, Texas — Austin police officer Bryan Richter has been fired after a new allegation surfaced of him using excessive force.
Austin police confirmed that Richter and Det. Steven McCurley faced a disciplinary hearing Friday over an incident on July 26, 2017.
According to a police memo, the incident took place during an operation to arrest a subject for narcotics-related offenses and an outstanding third-degree felony assault warrant.
The subject led officers to Barton Creek Mall when he was taken into custody by Richter and McCurley. During the time of his arrest, Richter and McCurley approached the subject's vehicle and breached the windows on the passenger side.
While still at the scene, Richter and McCurley reported damage to the vehicle, but made no mention of force used.
Later that day, after the operation, Richter approached an APD sergeant and inquired if a use of force report needed to be filed since the operation was planned. The sergeant asked if a use of force happened during the operation and Richter's intial response was that the subject had been guided to the ground.
Richter met with officials on July 27 to give an account of his arrest which was inconsistent with his previous statement. APD sought out dash cam footage which confirmed Richter's actions were not consistent with what actually happened and that he and McCurley used force during the incident.
The memo states that when the subject was on the ground, McCurley delivered a kick with his right foot to the man's abdominal area, which caused his shoulders to move.
McCurley then placed his right foot on the subject's right forearm -- the subject's hands were behind his back.
Richter placed his right foot to the man's head, taking a stutter step that made his left foot completely leave the ground with his right foot still on the man's head.
A third officer kneeled down to take the man into custody, attempting to secure his hands.
Richter then jogged away towards the suspect's vehicle when McCurley delivered an additional kick to the man's right side.
Richter took cover next to another vehicle, two spots away from the subject's as two Hays County deputies approached.
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Breaion King, an Austin teacher, sued the city and Richter over her 2015 arrest which involved excessive force by Richter.
The video of that arrest was released in July 2016. She was pulled over for speeding, but the exchange escalated, leading to Richter throwing King on the ground.
Later, while she's handcuffed in the back of a police car, a second APD officer named Patrick Spradlin makes a comment to King that people are afraid of African Americans because of "violent tendencies."
King filed a civil suit, but city attorneys determined that the suit failed to show that King suffered due to an official city policy.
In October 2016, U.S. District Judge Sam Sparks sided with the city and dismissed the lawsuit, saying it relied on opinions and wasn't specific enough.
Richter received a reprimand from the department, but officials were unable to pursue additional punishment because a deadline had passed as APD learned about the incident a year after it happened.
King has another lawsuit pending.
Richter Memorandum:
McCurley Memorandum: