Woman at center of APD civil rights investigation, federal lawsuit was missing for over a year

The woman at the center of a civil rights investigation and federal lawsuit against two Austin Police Department officers was missing for over a year, according to her attorney and family.

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AUSTIN (KXAN) – The woman at the center of a civil rights investigation and federal lawsuit against two Austin Police Department officers was missing for over a year, according to her attorney and family.

The case and lawsuit were triggered by a video capturing Simone Griffith, 28, being repeatedly punched by an APD officer at an Austin strip mall in 2021.

Records show Griffith's family attempted to make an official missing persons report last month. More than a week went by before APD entered her into a statewide database and launched an effort to find her.

The department said in May it changed its policy to require missing adult reports to be entered into its system as an "urgent" priority. The service request for Griffith was entered into the queue by a 3-1-1 Ambassador as a "standard" priority instead of an "urgent" priority request, according to APD officials. KXAN reached out to 3-1-1 for comment and will update this story when we receive a response.

Bystander video triggers an investigation

The officers named in the federal lawsuit were responding to a trespass call after Griffith was spotted sleeping on the ground outside a business in October 2021, according to court records. The officers said they repeatedly told Griffith to get up, and when she refused, they attempted to handcuff her.  

The video shows one of the officers punch Griffith in the face multiple times while trying to place her in handcuffs.

Griffith is profoundly mentally ill, according to her attorney and family. APD told KXAN in December 2021 the officers did not request the assistance of the city’s Homeless Outreach Street Team or its Crisis Intervention Team during the incident.

"It is generally not feasible to delay enforcement action in situations where a property owner requires a trespasser to be removed from the property owner’s private property. Further, patrol officers do not elicit the assistance of the Homeless Outreach Street Team when responding to trespassing calls where the subject refuses to leave the property and there is a criminal law violation," APD officials said about this incident in January 2022.

APD said after a review of the incident, it was determined the officers’ actions “complied with the law and with APD policies.” Neither has been disciplined over the incident. The attorney representing the officers declined to comment because of the ongoing civil case.

The Travis County District Attorney Civil Rights Unit launched an investigation into the officers in January 2022. A local attorney also filed a federal lawsuit claiming the officers violated Griffith’s Fourth and Fourteenth Amendment rights during the interaction.

Griffith found, disappears again

Before this video was published, Griffith's family lost contact with her and said they did not know she was living on the streets in Austin. Michelle Smith, Griffith's mother, said the media coverage of the incident helped her find her daughter.

Griffith and Smith first reunited over a Zoom call with the help of her attorney in March 2022. But Smith and Griffith's attorney Rebecca Webber said they both lost contact with Griffith following the call.

Smith and Webber said for a year they searched for Griffith on their own. Then, on June 21, 2023, Griffith’s mom called 3-1-1 and 9-1-1 to file a missing person’s report, according to APD and call records.

"We just want her home," Smith told KXAN, saying she wished she had reached out to authorities earlier. "I want her to know that she is wanted and that she is loved."

Smith received a call from APD nearly two weeks later on July 3. It was the same day KXAN sent APD several questions about Smith's original call to make a missing person's report.

The agency said the report of a missing adult should have been reported as “urgent” and, generally, those calls are entered into the statewide law enforcement database where missing persons are tracked on the same day the report is taken.

APD said Griffith’s case was not.

"The woman apologized and said it should not have taken that long. She couldn't apologize enough. And then the next day after that we find her," Smith said.

APD said it entered Griffith into the statewide law enforcement database and opened an investigation on July 3. APD said another law enforcement agency found Griffith days later and she was removed from the database.

Smith told KXAN her daughter was found in San Antonio. On a Zoom call with Griffith, Smith said she picked her up and brought her back to their family home.

"I got out of the car and I hugged her and was thanking the Lord for actually being able to touch her," Smith said. "We have a journey but we're together and we are going to get through this."

What's next with the lawsuit, civil rights investigation

The federal judge overseeing Simone’s lawsuit temporarily paused all action until the District Attorney's civil rights investigation into the officers' actions is finished.

The DA's civil rights investigation has been ongoing for 17 months. The district attorney’s office told KXAN in February 2022 it expected the investigation to be taken to a grand jury before fall 2022. KXAN reached out to the DA to understand why the investigation has lasted more than a year, how long civil rights cases like this normally take, whether it was aware Griffith was homeless and if her being missing complicated the case.

The DA's office said because this is still an active case, it can only confirm the case is active with its civil right unit.