Austin Police Department Criminal

PUBLIC NOTICE
September 22, 2009

Honorable Greg Abbott, Attorney General of Texas, City of Austin Law Department, Austin Police Department and other Law Enforcement agencies of Travis and Hays County, Austin , Texas.

I Daniel Pavon Cuellar hereby attach my Affidavit for all purposes as Exhibit “A” and request due diligence on Justice and investigations undertaken to issue the required warrants against the people who have committed such crimes are issued. Any additional documents, records and evidence needed or required are available upon request.

Since May 2007 and up to date;

I had requested the help and informed the Austin Police Department and other law enforcement officials and entities in the Austin Texas Government of; I hereby attached as Exhibit “96 to 97” one of hundreds of reports sent, this one supplied by and from the records of the Office of the Governor Rick Perry office;

Which describes the criminal acts of Samantha Jennifer Lowry (Illegal alien) her family and others and, in the same records of the Governors office; reporting the murders attempts against my mother (over 70 years of age) and before the murder of my father, the abuse and neglect and lack of proper medical attention of Samantha Jennifer Lowry (Illegal alien) against my son, the physical violence, the trespassing in my Homestead the theft, amongst several other matters. Emphasis added; reporting the Fraud, murder, theft and other crimes before they were committed against me, my son and my family .

The failure to act of the Austin Police Department, and other law enforcement of Austin Texas, but especially under the criminal acts and moral turpitude of Austin Police Department Detective Andrew Westbrook who had a “relationship” with Samantha Jennifer Lowry (the illegal alien) have now caused, the total loss of all my property, including but not limited to my homestead, the theft and probable destruction of 1732 Original Fine Art Paintings with market value on 2007 of at least $4000usd each, the theft of all my personal documents and other valuable property, even property exempt by law and Constitution, the kidnapping of my son on December 3, 2007; the murder of my father at 79 years old on February 8, 2008 amongst the crimes committed against me and my Family further described on the Affidavit hereby attached as Exhibit “A” by these people who claim to be part of a Mob with indomitability (Part of City of Austin Evidence) and that in fact Samantha Lowry was an ILLEGAL ALIEN IN THE UNITED STATES at the time of the events.

My son is in imminent danger

I hereby invoke the Laws and the United States Constitution, The Texas Constitution, the international Treaties, The children rights; to be honored, followed and respected, and therefore;

Please do take the proper Due Diligence and Due Process to take immediate measures, actions and investigations, including but not limited, to supplying the copy of the evidence on file, a copy of this letter and notice, with all the exhibits hereby attached; to the proper areas of law enforcement of Travis County, Hays County and Austin Texas and Federal agencies who undertake the investigations against these types of crimes; when the failure of the agencies who usually undertake such investigations ( Austin Police Department ) have failed their duties in violation to the respect for the course of Law, of Justice and the Texas and United States Constitutions, leaving at risk our community, our safety, our children and property and; to issue the respective charges and warrants as required by the applicable laws and bring into effect the Constitutional right of the equal protection of the laws even for the crimes committed under the color of law.

Sebastian John Raul Pavon Cuellar is a child born on March 2007, an American citizen, who was abducted on December 3, 2007 and who remains kidnapped up to date by Samantha Jennifer Lowry working in concert with others.

A recent medical summary of his condition and health was supplied to me under current Hague Convention Treaty proceedings, were clearly shows; he is in imminent danger, and he has suffered a great amount of grave harm and neglect during his abduction, including a fracture at only one year old and Otitis Media Acute with vomiting caused by continued neglect and abuse of ,and by, Samantha Jennifer Lowry, amongst other matters of serious concern, as to continue to refuse to give him the proper medical and health attention.

Austin Police Department has failed in protecting his rights and his safety and has failed to protect my rights, and the ones of my family, APD has failed to protect my property and the one of my family BIAS AN ILLEGAL ALIEN. Furthermore, Austin Police Department Detective Andrew Westbrook, with malice and intent to cause harm has and continue to aid criminals who work in conspiracy against rights, to violate our rights for the purpose to deprive me and my family as well as others; of our rights and privileges granted by the Laws and Constitutions of the United States of America and Texas resulting in the murder of my father, theft of all my property, even the one exempted and protected by Our constitutions and leaving the child at a serious risk to his life and future mental and physical health; creating a permanent and irreparable harm, as well as personal injuries impossible to quantify.

It is hereby stated and proved; that Austin Police Department Detective Andrew Westbrook is and has been a danger to society, more under his abuse of office, and he represents a serious danger to society, to the safety of our families, and our property, he is a danger to our community, to our safety, and has and continue to violate the laws and constitutions of the United States of America and there are enough grounds and evidence already given to Internal affairs through Police Monitor and also proven herein with the evidence attached for his immediate and indefinite suspension under several causes of action.

As of this date of September 22, 2009 The Legal department of the City of Austin, Internal affairs of the Austin Police Department, the Family violence Unit and child abuse unit and the various officers of the Police Department have received evidence, reports and other forms of communications in regards to Andrew Westbrook criminal acts and moral turpitude, but have failed to act, this notice is posted on behalf of our community and the safety of others similarly situated; in the past, present and future that may or have been expose to the acts of malice and moral turpitude of Police Detective Andrew Westbrook and others involved.

Law enforcement; please exercise due diligence by taking the proper measures to immediately stop the violations to our Constitutional rights and enforce the applicable laws, protect the child, me, my family and others similarly situated from any further harm, by taking the proper precautions and ordering the immediate investigation of this case and the criminal and civil conspiracy taken over a period of nearly two and a half years, in violation of our Constitutional rights, Human rights and Civil rights.

Such investigations and actions should not be limited to finding the whereabouts of the child and secure him to his safety, but also, to issue the proper investigations with due diligence and to file the required charges and warrants against the people involved to the full extent of the Laws and even on the crimes committed under the color of law.

This will prevent our community, our families, our property, our society and future victims to be expose to this type of criminal acts, and prevent further harm to several others, and by this modus operandi of the people involved and their abuse of office, is nearly impossible to know, how many have been victims of these people.

I further hereby request Austin Police Department “APD” and the proper Law enforcement agencies will exercise due diligence in; undertaking the required investigations on all matters above describe in a true, honest, prompt, efficient and ethical manner, that is no bias, with fairness that is with the equal protection of the Laws, based on evidence and not just based on Aggravated perjuries and altered or fabricated records and regardless of race, sex religion or origin.

Any additional evidence required by any Law enforcement agency or victims within our community to fulfill this purpose, to help them in the mission of Justice and to protect our community and families, our rights, our liberty; all records are available upon request, by only sending a letter requesting additional information and evidence and specify on which subject matter of the attached Exhibit “A” and send it to;
By reasons of Police reports been altered within the Austin Police Department, including the contact information for the purpose to obstruct investigations, Justice and to prevent communication, please submit you communications via email simultaneously to: DAPACUCASE@HOTMAIL.COM <mailto:DAPACUCASE@HOTMAIL.COM> WITH COPY TO DAPACU7@HOTMAIL.COM <mailto:DAPACU7@HOTMAIL.COM>, Jorgeriosrios@hotmail.com <mailto:Jorgeriosrios@hotmail.com>
PHONE NUMBER: LRemoved
ADDRESSLRemoved

In the best interest of the child, our community our safety and peace and, for the proper exercise of our rights and privileges granted by the laws, treaties, Constitutions and the proper administration of Justice, mediation is hereby offered on all matters at hand.
Submitted on this date of September 22, 2009 to Honorable Greg Abbott, Attorney General of Texas, City of Austin Law Department, Austin Police Department and other Law Enforcement agencies of Travis and Hays County, Austin , Texas.

____________________

On this date; September 22, 2009
Has been reported as a follow up of the Complaints file against APD employee(s) made to internal affairs and through Police Monitor
It has been provided enough evidence and records, most of them been Police records and under several causes of action against; Police Detective Andrew Westbrook who has violated all of the following general policies and procedures of the Austin Police Department herein and, GIVING ENOUGH GROUNDS FOR HIS IMMEDIATE DISMISSAL OR INDEFINITE SUSPENSION from the Austin Police Department.

The additional evidence attached herein, should serve as a follow up complaint to be filed with the existing records lodged with Internal Affairs through Austin Police Department Monitor dated November 25, 2008.

Prosecution should be made to the full extent of the Law on his moral turpitude and crimes under the color of Law and as a normal citizen for his criminal acts committed off duty.

All of the following general policies and procedures, including his oath of office to the State of Texas have been violated and/or breached;

APD : Mission Statement
To keep you, your family, and our community safe.
APD Home <http://www.ci.austin.tx.us/police/default.htm>

Part A - General Policies and Procedures
Chapter 1 - Organization, Administration, and Management
Chapter 1 - Organization, Administration, and Management

A101 - Philosophy, Values, Vision and Mission>
This policy consists of principles and values that guide the performance of departmental activity. This policy is not a statement of what must be done in a particular situation. It is a statement of guiding principles which should be followed in activities that are directed toward the attainment of Department objectives. The following is composed of general statements concerning the objectives and principles set forth by the City Council, City Manager and the Chief of Police.

.01 Philosophy of the Austin Police Department
The Austin Police Department’s basic goal is to protect life, property and to preserve the peace in a manner consistent with the freedom secured by the Constitution. It is our duty to guarantee these inalienable rights in strict accordance with the highest principles of our society. Operating within the statutory and judicial limitations of police authority, our role is to enforce the law in a fair and impartial manner. It is not our role to legislate, render legal judgment, or punish.

Employees should, by professional attitude and exemplary conduct, ensure all persons are treated with respect and courtesy. Employees should be cognizant of the fact that they are a part of the community they serve, and are accountable to the community for their decisions and the consequences of those decisions. Employees should make every effort to involve the community in problem solving, crime suppression and crime prevention. Employees should strive to know the residents they serve. Positive contact between employees and residents will enhance the public understanding of the employee’s role in society and help build partnerships from which crime and fear of crime can be reduced.
Knowledge of the law itself, and the ability to understand those ideals upon which the law is built, are the cornerstones of law enforcement. Compassion and discretion will play an important role within the philosophy of any employee.

Employees of the Department are professionals. We must realize our main responsibility is the protection of the community. We are guided by the philosophy set forth above, and the procedures and policies incorporated into the following pages of this manual.

.02 Department Values - I C.A.R.E.
Integrity - the cornerstone of police work-without it public trust is lost.
Courage - to make the right professional decision.
Accountable - to the community, the department, and coworkers.
Respect - of the community, the department, and most importantly, self.
Ethical - professional actions and decision making.

.03 Vision Statement
To be respected and trusted by all segments of Austin’s diverse community.

.04 Mission Statement
To keep you, your family, and our community safe.

A102a - Organization and Functions

07 Dishonesty-False Official Statements

Honesty is of the utmost importance in the police profession. Employees are expected to be truthful at all times in the performance of their duties. Any statement or omission of pertinent or material information which misrepresents facts or misleads others will be considered a false official statement and will result in indefinite suspension. The following are examples of a "false official statement":
·A document prepared by an officer in connection with their official duties, including but not limited to:
·An Offense/Incident Report or Supplement;
·A sworn affidavit;
·A Response to Resistance Incident Report;
·A misdemeanor citation; or
·A verbal or written statement or memorandum made by an officer in connection with their official duties to:
·An investigator conducting an administrative or criminal investigation of the officer or another person's conduct; or
·A supervisor conducting an inquiry into the officer's use of force, or
·A fact finder in an administrative, civil, or criminal proceeding in which the officer testifies.

.08 Neglect of Duty - Misleading Statements
There may be instances where the officer has not been truthful but the dishonesty does not constitute a false official statement. In those cases, the Chief may consider each case on a fact specific basis and may decide that corrective action other than indefinite suspension is warranted.

Oath of Office
"I ______________, do solemnly swear that I will faithfully and impartially discharge and perform all duties incumbent upon me as a Police Officer of the City of Austin, according to the best of my skill and ability, agreeable to the Constitution and laws of the United States and the State of Texas.
I further solemnly swear that I will be faithful to the demands for truth and honesty, as established by my profession and the Austin Police Department.I will devote my efforts and skills to the honorable profession of policing, and to the service of the neighborhoods and individuals of this community, the City of Austin.
So help me God."

02Individual Responsibilities
A. Honesty
Employees will speak the truth at all times.All reports and written communications from any member of the Department shall also reflect the truth.
1. Any statement or omission of pertinent information which intentionally, knowingly, or recklessly misrepresents facts or misleads others will be considered a false statement.

2. Any employee who obtained their employment by willful misrepresentation or false statements may be dismissed from the Department.

3. Employees shall not attempt to conceal, divert, or mitigate their true culpability in a situation, nor shall they engage in efforts to thwart, influence, or interfere with an internal or criminal investigation.
4. Employees will not use any improper or dishonest means to affect the outcome of any official test, process, or procedure..

B. Acts Bringing Discredit upon the Department
Since the conduct of personnel, on-duty or off-duty, may reflect directly upon the Department, employees must at all times conduct themselves in a manner which does not bring reproach, discredit or embarrassment to the Department or to the City.

1. Employees, whether on-duty or off-duty, shall not commit any act which tends to destroy public confidence in, and respect for, the Department, or which is prejudicial to the good order, efficiency, or discipline of the Department.

3. Employees will not engage in any activity in which there is a potential for conflict of interest or the appearance of a conflict of interest with the lawful duties of the employee. Conflict of interest is any activity which would tend to influence a decision, create a bias or prejudice, or create a gain or loss for any person or agency which would favor one side or the other in conflict with the employee’s official duties, or which conflicts with the accomplishment of the Department’s mission or goals.

5. Personal Conduct
a. No employee shall establish an unprofessional social relationship with a known victim, a known witness, or a known suspect of a crime while such case is being investigated by this Department or prosecuted as a result of such an investigation.

Title 18, U.S.C., Section 241
Conspiracy Against Rights
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death