AUSTIN -- Two Austin police officers are fighting to keep their jobs after an incident last August that occurred in the 3000 block of Rexford Drive.
According to an Austin Police Department report, on Aug. 31, 2011, Officer Michelle Gish assisted in securing an "intoxicated and uncooperative female onto an EMS gurney."
That female has been identified as 23-year-old Elisa Jaimes.
According to police, while Gish was securing the Jaimes, the woman spit on Gish. Gish responded by striking Jaimes with an open hand at least once on her head. Another officer then removed Gish and had to restrain her until she was "calm enough for EMS to assist in rinsing off her face."
"What she did was normal human reaction," said Wayne Vincent, president of the Austin Police Association.
Click the video player above to see dash cam video of the incident.
It was later revealed that there were inconsistencies in Officer Gish's official report of the incident and in her Internal Affairs interview about the incident.
"When the complaint came in, Internal Affairs looked at it," said Austin Police Monitor Margo Frasier. "We reviewed video tapes and things. We became aware this incident was more of a Level 2 use of force. It became a use of force investigation."
Frasier says there are three levels of use of force investigations. One is the highest. Three is the least severe.
APD says witness statements, evidence from the scene, and Gish's own statements prove she violated APD policy and that her "use of force was unauthorized." Thus, Officer Gish has been indefinitely suspended from the police department.
Three other APD officers have also been disciplined for their roles in this incident.
Officer Jose Robledo has been indefinitely suspended. He was the officer who removed Gish from the female on the gurney. APD has found him in violation of their policies on honesty and report writing due to untruthful statements made in his Internal Affairs interview.
Sergeant Mark Breckenridge has been temporarily suspended for his role in the incident. APD says he failed to adequately investigate Officer Gish's Response to Resistance memo about the incident.
Corporal Steven Jones has been temporarily suspended as well. He was a witness to the incident, but did not submit a report about it until asked to do so.
Jaimes was charged with leaving the scene of a crash, evading a motor vehicle, harrasment of a public servant, and aggravated assault of a peace officer.
"This is an example of the system working. This is when the police monitor does it right. The Austin Police Department did a great job handling the situation," said Frasier.
