05/09/2020
Clean sweep. In 2018 these officers were rightfully acquitted of eleven criminal charges. Austin Police Department Chief Manley doubled down and fired them anyway, finding they violated policy in not less than eighteen specific ways. Yet again we had to seek justice through litigation. The arbitrator obviously paid attention and issued his decision today: ZERO policy violations and a scathing indictment of their treatment by the Department and the Internal Affairs "investigation" that ignored all evidence that contradicted a pre-determined narrative. Full back pay, vacation time, sick time, retirement, everything. APD has been ordered to put them back in the positions they were in before any of this happened and expunge all trace of this from their personnel files.
I am incredibly thankful Officer Petraitis trusted me to defend him knowing I had been a defense attorney for about a week. And I have nothing but admiration for his fortitude and continuing belief that the truth would eventually be recognized by the people who mattered.
I've read the city's respose to the arbitrator's decision. When a total of thirteen unbiased members of the community say there were no crimes or policy violations and you continue to disagree, it means you don't trust the very system you are an important part of. Or it means you don't give a s**t and you're trying desperately to hold onto your job. Either way, I'll be closely monitoring whether the city honors its directive to reinstate these officers witih no further repurcussions.
The incident involving Donald Petraitis and Robert Pfaff was highly charged within the Austin Police Department.