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Austin security guard questioning APD protocols after assault led to no initial response

"I am not safe, and I don't feel comfortable," Percy Payne said.

AUSTIN, Texas — A local security guard is questioning the Austin Police Department's (APD) response protocols after he said he was assaulted while on duty and was initially denied a police response. 

"I am not safe, and I don't feel comfortable," Percy Payne said.

Payne said he was jumped while on duty on Monday night. It was all caught on surveillance video. You can see him tussling with the two guys he said tried to steal his Kia car parked in front of his job on East Sixth Street near Brushy Street. 

Payne said once the guys ran off, he called 911 for help because he was assaulted. He said the calltaker's response left him shocked. 

"I told her I also was assaulted," Payne said. "She said, 'Do you need EMS?' And I, again, refuse. 'I do not. I need the officers,'" Payne said. "She said, 'Well, we're not going to send the officers out there because your car did not get stolen.' She never took it seriously. She just brushed it off, her whole tone – just brush off everything." 

Payne said about 20 minutes later, his manager advised him to call the police again. This time, he got a different calltaker on the line. 

"I told her I got denied previously in a call," Payne said. "So that's when she apologized that I got denied and that the situation happened, and she sent a officer out – which the officer did not get here for about a half an hour to two hours later. " 

APD is dealing with a staffing shortage, which Payne said the responding officer mentioned. 

"He was very sincere," Payne said. "He did say, 'We were short-staffed, but somebody should have been sent from a different location to come here because it was a serious matter at that point.' He said that the call should have been bumped to an emergency call because I was assaulted."

Payne said physically, he is OK but has pain in his shoulder. Ultimately, he said he just wants the department to do better. 

"I just feel like if I can't call you, who can I call?" Payne said. "If I would have got really aggressive, I would have been the aggressor."

Payne plans on taking legal action against the two men he said attacked him. 

An APD spokesperson said a detective with the Aggravated Assault Unit is investigating this case. They told KVUE that despite the two calltakers taking different actions, they both followed protocol. 

The spokesperson sent the following list of reasons why police were not dispatched initially:

  • The suspect or suspects need to be on scene or their location known. The suspects were no longer on scene in this case
  • Medical attention needed: When asked, the caller stated that he was fine, did not need EMS, and just wanted to file a report
  • Vehicle stolen: No vehicle was stolen in this incident, so APD would not respond to an attempted car break-in or a stolen vehicle attempt

A call to 311 to file a report or filing a report online by visiting www.Ireportaustin.com is the normal process.

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