Austin DWI stop leads to abuse allegation
San Antonio woman claims she was roughed up by officer
Austin DWI stop leads to abuse allegation
A San Antonio woman who was arrested for public intoxication in Austin on New Year's Day is claiming she was assaulted by an Austin Police officer.
The woman, who didn't want to be publicly identified, said she was aggressively dragged from her friend's car around 1:20 a.m. on Jan. 1, for allegedly interfering with the officer's investigation.
The woman was a passenger in a car that was stopped by Austin Police officers in the 900 Block of North Lamar in front of a 7-11 gas station. Officers initiated the traffic stop because the car was driving without headlights.
As the officers attempted to give the driver a standard field sobriety test, the passenger said she yelled out of the open window advising her friend to not take the test or give a breath sample.
The woman admits an officer told her to keep quiet and threatened her with arrest if she spoke up again.
The woman said she was concerned with the treatment of her friend and yelled out of the window a second time. That's when the officers yanked her from the car.
"I yelled again, 'Don't take any of the tests,'" the woman said. "They pulled me out of the car aggressively and I have bruises all over my arms from them pulling me out."
The woman said she screamed in pain as the officers pulled her to the ground and put her in handcuffs.
Just a few feet away, Antonio Buehler was filling his truck with gas. He was a sober designated driver that night and was taking a friend home when he noticed the commotion happening nearby.
"We saw what we thought was a cop abusing a female," Buehler said. "They're just twisting the girl's arms, holding the arms straight back and pulling them up."
Buehler, a West Point graduate, Army Ranger and Iraq War Veteran, was so disturbed by what he was watching that he and his friend grabbed their phones and started taking pictures.
At one point, Buehler yelled at the officers and told them to stop hurting the woman.
Once the woman was detained, Buehler said officers came over to him.
"He's basically asking, 'What the hell are you taking pictures for? Who do you think you are?" Buehler said. "My response was basically, I'm allowed to, it's a public place and you're a public official."
Unknown to Buehler, another citizen had stopped his car and was taking video of the incident from across the street. In a video clip posted to YouTube, Buehler is seen being pushed by an Austin officer several times as he has his hands up in the air. Buehler can be heard yelling at the officer.
"He's inches away from my face and we're just screaming at each other but (I have my hands up) the entire time," Buehler said. "I'm just telling him to get off me, he has no right to touch me, I didn't do anything wrong and then at some point he says, 'You just spit on me.'"
At that point, Buehler was taken down to the ground and arrested. He was booked for harassment of a public official, a third degree felony.
Austin Police spokesman Anthony Hipolito said the video posted on Youtube only tells one side of the story.
"The passenger in that vehicle that was stopped was belligerent and kept interfering with the investigation," Hipolito said. "After several warnings to stop and stay in the car she continued and was arrested for interfering with an investigation."
Hipolito said Buehler isn't exactly the innocent bystander he's making himself out to be.
"The officer placed his hand on Buehler's shoulder to kind of push him away and try to distance himself from Buehler and that's when, according to the affidavit, Buehler spit on the officer," Hipolito said. "We have seen the Youtube video and we have seen the dash cam video and there's some inconsistencies with the stories of the (suspect)."
Hipolito said at this point both officers are still on patrol and no formal complaints had been filed against them. He said if any complaints are filed, they will be aggressively investigated.
The San Antonio woman who was pulled from her car said she will file a complaint and hoped the officer will be punished.
"The cop was very aggressive and he should have never treated anybody the way he treated us," the woman said. "My main concern right now is just helping Antonio and my friend and myself getting everything dropped and I want to leave this all behind me."
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