Austin cop who ran stop sign and hit motorcyclist won't be disciplined



Austin police officer Damon Dunn will not be cited for running a stop sign and slamming into a motorcyclist in an incident caught on dash cam video.

Dunn was typing into his computer when he idled through the stop sign at about ten miles-an-hour on May 29, according to the investigation.

However, the collision was powerful enough to knock Louis Oliver’s shoes off, leaving him in critical condition.

Austin City Code prohibits motorists from using wireless communication devices to send messages while driving, but police are exempt from that law, according to KVUE News.

Title 12 of the Austin City Code addresses electronic messaging while driving.  Item A reads, “A driver of a motor vehicle may not use a wireless communication device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle.”

But just below that, item C reads, “This section does not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity.”

Apparently, the city code also exempts police officers from the statute that forbids motorists from running stop signs.

Comments

Anonymous
Anonymous

Yet again proof that cops arnt held accountable for breaking the law. List of laws broken just in this video that i saw are as follows…
1) running a stop sign
2) attempted motor vehicular man slaughter
3) Leaving thescean of an acsedent
4) failure to render aid to injured motorist
5) if you can find more you should ad them here…………….

Anonymous
Anonymous

Well go figure…
When you need a cop they are nowhere to be seen, yet when everything is hunky dory, they fucking run you over while doing something that is illegal for everyone else to be doing and get away with it.

Anonymous
Anonymous

Keep up the good work Carlos, you’re doing important work here. The cops should be afraid of us, not the other way around.

Anonymous
Anonymous

6) At the start of the video, isn’t making a U-Turn in the middle of an intersection some kind of violation?
7) Using police equipment for personal use (talking to somebody on the phone about peppers, squash, seeds)

Anonymous
Anonymous

in most states it is legal to make a u-turn if there is no other vehical is present in the intersection
enless posted

Anonymous
Anonymous

I can’t wait to hear “Johnny Law’s” take on this one!!

Rail Car Fan

Anonymous
Anonymous

You said it all ABD, they are a priviliged class and we are nothing but “citizen” scum.

Anonymous
Anonymous

This article does not really fit with the title and – I am assuming – main theme of this blog. I am reading PINAC because of the photographer-vs-police angle; generic “cops are evil and get away with it” stories detract from this and will not help achieve any progress in the conflict between overzealous LEOs and harmless photographers. May I suggest to stick to basics?

H.

Anonymous
Anonymous

H. W.

I think that it fits perfectly with police accountability which is the general theme of this site.

Everyone sees cops not signaling, talking or texting while driving etc, except other cops apparently.

Anonymous
Anonymous

I agree with the other posters that this does not fit with “Photography is not a Crime”.

While it is clearly and totally an injustice, you don’t spend your time here covering all those, Carlos, or we’d be on injusticeeverywhere, not PINAC.

It is an injustice, it does deserve attention, but take care not to dilute your content with off-focus posts.

Anonymous
Anonymous

@pinadpuller

I haven’t been getting any updates at all. I have them filtered in gmail to go to a specific folder, nothing turning up there.
Michaelk42 recently posted..Pogan sentencing- delayed

Anonymous
Anonymous

Well, well, Mr. BigPig, you raised your head from the slop. If your a cop, you’re just as much an over-defensive hate monger like the others.

The primary responsibility of a law enforcement officer is to protect the public. period. The opposite took place in this incident. It was a derelict act and a disservice to the public in what he did.

In contrast to your shallow and assumptive statement of generalization, all it takes is a few idiots performing bone-headed acts like this to ruin the image of those who do, and have done, their job with the intelligence and integrity that is expected.

Anonymous
Anonymous

Guess you never got into any collisions while you were hiding in the station parking lot huh Dodge?

What’s it like to walk on water?

Anonymous
Anonymous

Ass-uming again, eh?

Just like assuming that cops can act in stupidity, be irresponsible, royaly fu** up, and not be subject to the same consequences as anyone else.

The 12-year-old contigent is in effect today as well. What’s next, picking up all of your marbles and going home?

Anonymous
Anonymous

@Johnny

Getting into collisions isn’t the problem. Taking responsibility for what happens afterward is.

But we already know you can’t grasp the responsibility part.
Michaelk42 recently posted..Pogan sentencing- delayed

Anonymous
Anonymous

There is taking responsibility and then there is being a drama queen acting like this officer went on a rampage. Give me a freaking break and cry me a river. He rolled through a stop sign. You want to make this into some huge criminal act and it wasn’t. It was an accident and if it had been anyone else it wouldn’t be considered a capital crime. Stop being a titty baby by blowing this out of proportion.

Anonymous
Anonymous

By allowing this officer to be free of any responsibility, a precedence would be established that’s offensive (legally and physically) to the public. Though it’s horseshit, pathetic people like you, think that there’s nothing wrong with it.

In contrast to your numb-nutted “shit happens” reasoning, this is how it should play out. He gets cited by the county or state for disobeying a traffic control device (it can still happen) and the city’s insurance company pays for damages. It would be a hard lesson for those who have their heads up their asses by pecking on a keyboard on a residential street. Since school’s out, it could easily have been a kid on a bicycle, bottom feeder.

Anonymous
Anonymous

Dude you are a bit of a tool. I never once said that I thought the officer should get off with no punishment. In fact, I’ve said several times that I think he will be punished by his department for the accident. Please read the actual thread before posting your moronic comments.

I said the following all along:

“I have no doubt that his department will suspend him for a couple of days and the loss of pay will probably be much more than any ticket.”

“This isn’t a capital crime. It is an accident. The cop is going to get some kind of punishment for it. The city will get sued because all a cop has to do is touch a person and they will sue, much less crash into him.”

“Folks are acting like this guy was being super reckless. He slowly rolled through a freaking stop sign. He’s going to be punished for it but it’s not a capital crime.”

“He has going to have to deal with a traffic citation, civil suit, and internal discipline from his employer.”

My point is that it is a traffic accident. Get over it. Becoming all breathless and indignant over this is stupid and a bit pathetic. As I mentioned, cops are in cars 40 hours a week, of course accidents are going to happen. So yeah, shit does happen. Move on and find some other trivial matter to obsess over.

Anonymous
Anonymous

“My point is that it is a traffic accident. Get over it.”

ROFLMAO

Is turn-about fair play? What if a Mundane (1) was texting on their iCrack and hit an Only One (2) patrolling on motorcycle?

Would you say that? LOL

Johnny Bootlicker, you’re just another pissant Authoritarian Submissive. (3) You’d suck a green weenie through a barb wire fence.

(1) The Police State’s ‘Cardinal Rule’: The Mundane Must Submit http://www.lewrockwell.com/grigg/grigg-w153.html and The Thin Blue Whine: Who Mourns the Murdered Mundanes? http://www.lewrockwell.com/grigg/grigg-w122.html

(2) [T]hose of official status, rank or privilege, both in law enforcement and in some other government position, get special breaks not available to we commoners… “We’re the Only Ones ____ Enough” http://waronguns.blogspot.com/

(3) The Authoritarians, Bob Altemeyer, University of Manitoba home.cc.umanitoba.ca/~altemey/

Anonymous
Anonymous

“(3) You’d suck a green weenie through a barb wire fence.”

I think you need to stop huffing paint. LOL

Anonymous
Anonymous

The motorcyclist should have been charged with interference with a police officer. He should be thankful the officer was in a good mood that day and didn’t charge him.

But when you do interfere with a police officer’s duties, don’t be surprised if you get hurt.

Anonymous
Anonymous

It seems like the primary issue here is being glossed over.

The primary issue isn’t how fast the officer was going, or how badly the cyclist was hurt, or how reckless the officer was. The primary issue is the lack of equity in law.

If, as is the case here, the average Joe doesn’t have the same protections and rights as a the average police officer, if the law treats LEOs different from non-LEOs, that breeds contempt for the law and undermines the rule of law.

Anonymous
Anonymous

Capn amurka, why don’t they get it? There’s not enough definition in “….some kind of punishment”.

They think that just because dicking with a computer while driving is legal, it’s acceptable for the officer to avoid any legal (not civil or in-house administrative action) reprocussions. He should be cited and his driving record should bear that, whether he was “officially” working on a keyboard or picking his nose. If his auto insurance premiums increase as a result, so be it. It’s that way for anyone else.

If a precedence is established, it could allow more violations such as this to be swept under the carpet.

Anonymous
Anonymous

@Johnny Bootlicker.

You are an Authoritarian Submissive. Bootlicker. Green weenie sucker.

Authoritarian Submissives are:

(1) Highly submissive to established authority

(2) Aggressive in the name of that authority

(3) Conventional to the point of insisting everyone should behave as their authorities decide.

[source]
The Authoritarians
Bob Altermeyer
University of Manitoba
home.cc.umanitoba.ca/~altemey/

Anonymous
Anonymous

At Johnny Law:

I know some people are going overboard in wanting an excessive punishment, but I think you are also missing the point of many of the complaints.

The issue isn’t whether he is going to be INTERNALLY Disciplined by the police after an interminable IA investigation.

The question is why was he not cited for a driving infraction. I know there is a legal carve out allowing police to use mobile electronic devices. However, so far as I know, there is no general exemption from obeying the traffic laws. Obviously when an officer is going lights and sirens in response to a call or on other emergency business traffic laws may be “relaxed”.

In this case however, it appears that the officer was NOT en route to a call and was merely driving around. Thus, he certainly committed a driving infraction (i.e. failure to yield, failure to stop, failur to pay proper attention, reckless driving).

He should have been given a traffic ticket for at least one of these infractions. I think he should also be sanctioned internally as you suggest. But they are two different things. If a UPS driver gets into an accident as the result of driving through a stop sign he should be cited for the infranction by the police and I would hope the UPS takes some form of internal discipline.

Just b/c the officer is likely to receive internal discipline is no excuse for failing to issue a well deserved traffic citation.

Anonymous
Anonymous

10 miles per hour my ass! It takes him 8 or 9 seconds to drive the entire block, which is probably two 125-foot lots end-to-end. Call it 250 feet, which makes it about 30 feet per second. 30 feet per second is about 21 mph.

That’s an insane speed to be “rolling through” a stop.

Driver (cop or otherwise) should have gotten a ticket.

Anonymous
Anonymous

In all fairness, where do you see him leaving the scene of the accident and failing to render aid? Did I miss something?

Anonymous
Anonymous

It’s a good thing so many people are here to hold Carlos Miller accountable. Carlos Miller can not be allowed to do whatever he wants on his blog. There needs to be rules and those rules need to be followed. Thank you H.W. and Nick for doing all the hard work you do to watch Carlos Miller and really holding his feet to the fire when he tries to bend the rules of his blog. Is there a link where I can donate to the cause of holding Carlos Miller accountable and make sure off topic posts NEVER happen on Carlos Miller’s blog?
Scott recently posted..When is a war not a War

Anonymous
Anonymous

It fits because this shows why it is important to tape police, even when it’s the police doing it. It’s an example of how the police videotape so we should be able to as well.

Anonymous
Anonymous

It’s relevant to PINAC because it shows the importance of making sure that police are on camera at all times, whether by internal rules or by citizens acting on their own. Without the cam this officer surely would have accused the motorcyclist of running the stop sign!

Anonymous
Anonymous

Exactly. I guess I should have added that line to the story for the people who don’t get it.

If it weren’t for the camera, that motorcyclist would most definitely have been cited.

Hell, he would have been accused of texting while driving.
Carlos Miller recently posted..We are under British rule once again

Anonymous
Anonymous

Its all part and parcel of the underlying theme of this website- cops getting away with ignoring the law.

Keep it up Carlos.

Anonymous
Anonymous

Regarding 7) above…

In all fairness – the “talking” you heard is a local radio show. I recognize the voice and content.

Anonymous
Anonymous

As we’ve learned from the police, “not following procedure” is a far higher crime than breaking the law. LOL. XD
Michaelk42 recently posted..Pogan sentencing- delayed

Anonymous
Anonymous

This type of incident is why I advocate two officers per vehicle, one to do data management and the other to operate the vehicle. This will improve everyone’s safety and adds the benefit of always having back up.

It would also improve accountability provided that the officers are rotated through the department.

Anonymous
Anonymous

In Texas, U turns are not only legal, they are required in some places just to get where you need to be.
Planning in Austin and San Antonio was… well… it wasn’t.

Anonymous
Anonymous

Am I missing something Scott?

“There needs to be rules and those rules need to be followed”.

Why does there need to be rules? Isn’t is up to Carlos what he puts on his web site?

Anonymous
Anonymous

I don’t believe a U-turn is typically legal within ‘X’ feet of an intersection. However I am not aware of anyone being cited for doing so, either. It butts heads with right-turn-on-red when someone does a U-ey in front of a person legally turning right at a red light.

Anonymous
Anonymous

No, maybe that’s how it works in Canada, but in America we have something I like to call Democracy. Carlos Miller can *not* just be allowed to post whatever he wants willy nilly. He must be held accountable to We the People. I’m just glad there are people like H.W. and nick who stand guard and refuse to allow Carlos Miller to stray from what We the People want his blog to be.

Anonymous
Anonymous

Any discussion of whether he can or can’t use his MDT while driving is irrelevant. Running a stop sign (which I take on faith is there – I can’t see it in the video) and causing serious injury is NOT excusable and should have resulted, in the very least, a reprimand.

I expect a civil action will follow, and it should.

Anonymous
Anonymous

Where does it say he won’t be disciplined? Al this article says is that it is legal to operate your computer while in an official capacity. It doesn’t say he can roll through a stop sign when he isn’t headed to an emergency call.

You don’t know if he is going to receive any kind of internal punishment. He sent a person to the hospital. I have no doubt that his department will suspend him for a couple of days and the loss of pay will probably be much more than any ticket.

You should check on this story in a couple of months and post a retraction when he gets time off.

Anonymous
Anonymous

Scott, I think your confused, you live in a republic, I live in a democracy.

Anonymous
Anonymous

Why would it take two months to discipline him for running a stop sign and striking a pedestrian when it would have taken cops two minutes to arrest me on the spot had I done that?

Anonymous
Anonymous

Ah, that makes sense.

Anonymous
Anonymous

May 29th was 5 weeks ago. Carlos might be jumping the gun… but that seems like more than enough time to sort it all out.

Anonymous
Anonymous

Beats me but it takes my department months to complete a simple IA investigation and issue administrative punishments.

Anonymous
Anonymous

Like nobody ever ran a stop sign before. Get over yourselves.

I was involved in 5 accidents while working. 2 were my fault. None of them were on tape but I didn’t try to put the blame on the other driver as many of you suggest would happen if it wasn’t for the tape.

BTW I didn’t get a ticket or even a write up for the two that were my fault. As my boss said shit happens.

Anonymous
Anonymous

What an incompetent and reckless cop, keep the budget cuts coming and get these idiots off the streets for public safety reasons.

Anonymous
Anonymous

Shit happens. Cops run over old people. Deal.

Anonymous
Anonymous

Arrested you? Maybe if you were drunk, didn’t have a license or did it on purpose. Grow up or learn the law.

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