AUSTIN POLICE DEPARTMENT INTERNAL AFFAIRS DIVISION INVESTIGATIVE SUMMARY’ To: Brian Manley Chief of Police Via: Patrick Connor Commander, Internal Affairs Division Jason Bryant Lieutenant, Internal Affairs Division From: Ciaran Crozier Sergeant, Internal Affairs Division Date: September 27, 2017 ‘Subject: IAD Case #2017-0582 Detective Mark Luera #4620 (180 Deadline — 11/04/2017) Introduction On May 8, 2017, Detective Mark Luera #4620 used his law-enforcement credentials to circumvent security checkpoints established by the “Transportation Security Administration (TSA) at the Austin-Bergstrom International Airport (ABIA) prior to a scheduled flight to Cancun, Mexico. Detective Luera also used his credentials to enable three family members and two friends to bypass the standard security procedures. The group was eventually intercepted and detained prior to embarkitig ori its flight after the breach of security was discovered by ABIA security personnel, Allegations and Associated Poli On May 15, 2017, Commander Troy Officer #2279 submitted an Infernal Complaint Memorandum? to the Intemal Affairs Division (IA) alleging Detective Lueta’s circumvention of security procedures with unauthorized individuals may have violated APD Policy*. ‘This summary should be used ssa springboard and guide othe relevant documents located within the investigative ‘case file, Its not intended to replace a comprehensive review of esci of those items. The inclusion or omission of a certain factor dota within/Srom this summary should not be the prevailing consideration when determining is relevance or importance. 2 AL—1 - Internal Complaint Memorandum 2 Al — Archived APD Lexipol Policy (Valid 4-26-2017 to 6-1-2017) 1On September 7, 2017, Commander Officer submitted 2 second Internal Complaint Memorandum® requesting, that IA investigate the possibility Detective Luera provided misleading, inaccurate, or incomplete information to the APD personnel that conducted the initial on-scene investigation. JA reviewed the following APD policies in relation to these complaints: = 90.1.1 —Responsibility to Know and Comply + 9003.1 ~Honesty + 900.3.2— Acts Bringing Discredit upon the Department Evidence & Documentation ‘The following evidence and documentation is located within the 1A digital case file: * Surveillance footage from ABIA * The APD incident report, supplements, and Computer-Aided Dispatch (CAD) call from the primary incident (#17-1280667) & Special Investigations Unit (SIU) investigation (#17-5020340) TSA's Enforcement Investigative Report (EIR) #2017AUS0251 ‘The Airport Operations/Security (OPSEC) incident report Court documents froth the Austin Municipal Court (citation and disposition) ‘The dispatch radio traffic from the incident (APT) Detective Luera’s access badge training and log Digital photographs of boarding passes/tickets and passports Digital Mobile Audio Video (DMAV) from the incident ‘The SIU investigative file Detective Luera’s civil service file ‘The JA file contains statements from the following individuals: Detective Mark Luera #4620 Lieutenant Jose Robles #2378 Sergeant Michael Brown #4028 Sergeant Steven Rodriguez. #4273 Detective Erica Westling #2260 Officer Barry Knot #3662 Officer Arthur Nelsen #5657 Officer Michael Pont #6678 Karen Devane ~ Aviation Division Manager (COA) Ginger Sheley ~ Building & Grounds Assistant (COA) Joshua Esau ~ OPSEC (COA) Jason Ananias Kellyann Caney 4 A1~2- Internal Complaint MemorandumBackground Detective Mark Luera Detective Luera was hired by the city in July 2001 and commissioned in February of the following year. He has been awarded over 30 commendations/awards and has not received any formal discipline. Detective Luera has spent the majority of his career ‘working in elite and challenging assignments, including the Criminal Interdiction Unit, Firearms Unit, SWAT, and Street Response/Metro Tactical. His prior supervisors have praised his work cthic, dedication, leadership capabilities, tactical acumen, and professionalism’, Detective Luera worked for the Hays County Sheriff's Office for approximately 8 years prior to joining APD. Criminal interdiction Unit Detective Luera is assigned to the Criminal Interdiction Unit (CIU) within the Organized Crime Division (OCD). The CIU is comprised of a sergeant, a detective, eight officers, and three canines®. Its primary mission is to disrupt, intercept, and interdict members of criminal organizations who exploit avenues of travel in order to facilitate their illegal activities, whether or not their final destination is the Central Texas area’. The unit has officers permanently assigned to ABIA in an effort to fulfill this mission. Detective Luera was issued a Security Identification Display Area (SIDA) access badge by ABIA’s Operations/Security (OPSEC) department to facilitate his supervisory and investigatory duties while overseeing and conducting interdiction operations at the airport. Airport Security & SIDA Badge Training Security at ABIA is provided by the City of Austin Aviation Department (owner/operator of the aizport), the federal government (primarily through TSA), air carriers, private secutity contractors, and other entities. OPSEC takes initial responsibility for responding to the airport’s access control system alarms. APD is responsible for providing law enforcement at the airport®. SIDA badge access is fastidiously govemed by OPSEC personnel in adherence with federal guidelines to ensure the safety of travelers, employees, and other individuals, affected by airport operations. The primary purpose of a SIDA badge is to grant access to authorized individuals to the “sterile area” of the airport. Any violation of the airport's security procedures can result in the suspension, revocation, and/or denial of SIDA badge privileges. Additionally, the COA can be penalized by the TSA or Federal Aviation Administration (FAA) for security violations committed by an authorized badge holder!®. 5B3-SSPRs #5 APD Staffing Allocation (as of 9.26.17) 7 Al SOPs for the CIU * 2 ~ SIDA Training Course & Test 9 Sterile Area: A portion ofan airport defined inthe Aisport Security Program that provides passengers access to boarding airraft and to which access generally is controlled by TSA...through the screening of persons and property (see E2 - Escort Procedures) ° Austin City Code 13-1-81A SIDA badge is issued only after an applicant has completed a comprehensive training program and successfully passed a competency exam. Detective Luera completed the requisite training and passed the ensuing exam with a score of 100% on March 14, 2017; hhe was issued a SIDA badge that same day. During the badge issuance process, Detective Luera acknowledged and signed a “Terms and Conditions” agreement which outlined— among others—the following prohibitions": * This [SIDA] Badge is issued for my Individual Use Only and I will not under any conditions allow another individual to use it. * Lagree that I will not “piggyback” through any designated door or gate and will not allow anyone else to “piggyback” behind me. * Tagree to comply with all ABIA Escort Procedures, = agree that if I travel as a passenger I must access the sterile area through a TSA. screening checkpoint with any property I intend to carry onboard the aircraft and remain in the sterile area after entering. Detective Luera also acknowledged and signed the ABIA Escort Procedures’? form that accompanies the SIDA badge training. ‘The escort procedures outline, in part, the following mandates: * Only individuals with current unescorted access authority are permitted to escort. « Individuals escorted into a sterile area, who have not been cleared at the screening , checkpoint, must remain under escort until they exit the area, "The maximum number of individuals who can be escorted is three (3). Timeline Nore: Ail times (24-hour clock) are approximate and have been obtained from multiple sources, including ‘surveillance footage, CAD information, and DMAY timestamps. Present tense is used for continuity. 10:20 Detective Luera drops off his wife, Katherine Luera, and kids at the terminal. Jason Ananias, driving a separate vehicle, drops off his wife, Kellyann Carey. Detective Luera and Mr. Anenias drive to the APD substation at the airport to park their vehicles and ride back to the terminal with Officer Arthur Nelsen, a member of the Criminal Interdiction Unit. 10:23 Officer Nelsen, who is on duty and operating an APD vehicle, arrives at the airport substation in anticipation of linking up with Detective Luera and Mr. Ananias. APD personnel frequently utilize the substation for parking when flying (personal & business). 112 ~ Badge Info & Sign Offs 3 2 ~- Escort Procedures10:33 10:48 10:54 10:58 11:06 1:42 1151. 12:01 12:08:30 Detective Luera and Mr. Ananias ative at the substation, park their vehicles, and meet up with Officer Nelsen. Officer Nelsen drops off Detective Luera and Mr. Ananias at the airport terminal. Detective Luera ushers his family and friends downstairs to the-police office located inside the terminal. The office is considered a “secure area” and requires a SIDA badge to gain entry. Detective Luera leads Mr. Ananias and Ms. Camey through a back corridor and into the “sterile” area of the airport, bypassing the TSA security checkpoints. Navigating the locked, secured doors in the corridor requires Detective Luera t6 use his APD/SIDA credentials on multiple occasions. Detective Luera leads his family through the same back corridor and into the sterile area of the airport. Neither Detective Luera nor his family members are screened at a TSA security checkpoint. APD receives a call from airport security personnel about a possible security breach. A CAD call is created and Officer Barry Knott and Officer Michael Pont quickly locate and intercept Detective Luera. Security was initially notified about the possible breach by Ginger Sheley, a civilian employee who observed Detective Luera and his family/friends apparently circumventing security procedures by accessing the terminal through the back corridor. Ms. Sheley notified her supervisor, Karen Devane, who in tum notified ABIA Operations Supervisor Bryan Moore. The breach was confirmed after reviewing surveillance footage. Detective Luera and his family are taken to “Check Point 2” (CP2) to be screened. Sergeant Michael Brown and Sergeant Steven Rodriguez arrive at CP2 to investigate the incident. Detective Luera makes first contact with Sergeant Rodriguez. Sergeant Brown interviews Detective Luera and his wife. Detective Luera and his family are escorted to the baggage claim area, which is located one floor down immediately adjacent to the police office; Sergeant Rodriguez and Officer Knott accompany them.12:11 Officers learn Mr. Ananias and Ms. Carey are onboard a flight and they have not been'screened by TSA. Officer Knott departs the baggage claim area and retums to the terminal to retrieve them from the plane, They were on Southwest Airlines #708 at Gate 8 (Boarding at 11:35a and departing at 12:20). 12:15 At the direction of Sergeant Rodriguez, Officer Pont issues Detective Luera a citation for circumventing security procedures (Austin City Code 13-1-83 — Circumvention of Screening Prohibited). Lieutenant Jose “Joe” Robles arrived at the terminal around this time. 12:21 Mr. Ananias and Ms. Camey are brought to a TSA checkpoint for security screening. 12:35 Mr. Ananias and Ms. Carney are escorted to the police office/baggage claim area, 12:40- Detective Westling interviews Detective Luera, Mr. Ananias, and Ms. 13:00 Carney. 13:10 Detective Luera and his family/friends leave the airport terminal. They reschedule their flight and fly to Mexico the next day. TSA stigation ‘Transportation Security Inspector (TSI) Dana Glass conducted the TSA investigation into the incident. ‘The investigation was documented under Enforcement Investigative Report (EIR) number 2017AUSO251. IA obtained and reviewed a copy of the report!?. Notable findings are listed below: Detective Luera violated Part 1540.107(2) (Submission to Screening and Inspection) of the Transportation Security Regulation (ISR) Title 49 Code of Federal Regulations (CFR). During his initial on-scene interview, Detective Luera failed to notify the responding TSA, APD, and OPSEC personnel that two of his friends had boarded an aircraft after circumventing screening procedures. Detective Luera did not respond to the TSA’s Letter of Investigation, which offered him the opportunity to submit, in writing, any information he had regarding the matter. Detective Luera had no prior violation history with the TSA. Detective Luera’s level of experience with ABIA’s sterile area security measures ‘was not extensive, 2 86 — Enforcement Investigative RepostDetedtive Luera was the sole focus of the investigation, and no other EIRs stemmed from the incident. ‘There were no aggravating or mitigating factors to consider when determining the appropriate fine to levy. ‘A sanction of $1,500 was initially recommended (Maximum fine per violation - $11,000). Detective Luera was ultimately assessed a penalty of $2,000. SIU Investigation ‘The Special Investigations Unit (SIU) conducted a concurrent criminal investigation into the incident, At the time of writing, the criminal case had been suspended pending prosecutorial review of the offense of False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee", a potential charge which stemmed fom statements made by Detective Luera to APD personnel during the initial on-scene investigation. Detective Lucra declined to provide a statement to SIU. The SIU investigation is fully documented under APD #17-5020340'8, ‘The lead SIU investigator, Detective Derrick Ingram #4646, completed the following summary (verbatim) of his investigation’®: Detective Mark Luera #4620, is assigned to the APD/Criminal Interdiction Unit. This assignment affords Luera to hold a Secure Identification Display Area (SIDA) badge in order to access sterile areas of the airport. On May 8, 2017, Luera while off duty used his SIDA badge to escort three members of his immediate family and two adult friends through sterile areas of the Austin-Bergstrom Intemational Airport (ABIA). After being detained Luera originally said to officers that his intention was to have his party bypass the normal security sereening process in order use the restroom and to save time. Tera led his party to the sterile area substation where he had his family wait unattended, First Luera escorted his two friends through several restricted areas before reaching the flight gates area. Then Luera went back, retrieved his family and escorted them through the restricted areas enroute to the flight gates. ‘An ABIA employee bad observed Luera and two individuals with luggage attempt to access an out of service elevator located in a sterile area. The employee found this behavior to have been suspicious and alerted ther supervisor. Surveillance video was reviewed to track Luera’s and his party's route. The supervisor alerted airport security and APD of the situation. In his statement to SIU, Officer Michael Pont #6678, said he and airport security Jocatéd Luera inside a gift shop. Pont said he asked Luera who did he bring through, meaning bypassed screening, and Luera told him he brought his wife and Texas Penal Code 37.08 — Class B misdemeanor "8 E4— STU Incident Report E10 — Investigative Summarykids. Pont said Luera didn’t tell him that he also escorted ‘the other two individuals. Pont said the other couple was located about thirty minutes later. Luera and his family were sent through security screening and no contraband was discovered. In his statement to. SIU, Sergeant Michael Brown #4028, said that he spoke to Luera shortly after he was stopped and asked him what was he thinking and Luera told him that he used the restroom and avoided the checkpoint to save time. Brown said Luera also told him that he didn’t think it was a big deal. Brown said that during his investigation of this offense that he received information that Luera was possibly with others besides his family. Brown said that he asked Luera if there were any others in his party besides his family and Luera told bim no. Brown said that he immediately asked Luera a second time about any additional people. This time Luera answered that he had been with two other friends but they were “long gone” by this point. Brown assumed this meant their flight had already departed. Brown asked had the two friends been properly sorecned and Luera’s wife answered that they had, Brown said that he directly asked Luera, “So they got screened?”, and Luera answered, “Yeah.” Brown learned that the plane Luera’s friends had boarded was still at its gate. The ‘two individuals were located and removed from the plane. Luera’s two friends admitted to Brown that they hadn’t gone through security screening. The two were sereened and no contraband was discovered. Brown said he spoke with Luera alone about thirty minutes later and asked him to explain his answer concerning the other couple being screened. Brown said Lucra, told him he meant to say the other couple went through with him and they hadn’t ‘been screened but his wife’s answer caused him to misspeak. In his statement to SIU, Lieutenant Jose Robles #2378, said he asked Luera shortly after he was stopped if he knew escorting his family and friends through the sterile areas was prohibited and illegal and Luera said, “Yeah, but I didn’t think it was a big deal.” Robles said he also asked Luera later to explain the discrepancy in his answers to Brown concerning the other couple and Luera said he did answer “yeah” but misunderstood Brown’s question at the time. APD issued Luera a citation for Circumvention of Screening Prohibited, Class C misdemeanor, city ordinance 13-1-83. On May 15, 2017, Luera was found guilty through a plea of Nolo Contendere in the City of Austin Municipal Court and paid a fine of $370.00. No one else involved received a citation. ‘The Transportation Security Administration (TSA) conducted its own investigation which concluded on September 5, 2017. Luera was fined $2000.00. Luera’s SIDA badge was revoked. This case will be suspended pending prosecutor review for the offense of False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee, Class B misdemeanor.IA Inyestigation ~ Overvier Parameters & Scope ‘The LA investigation—as dictated by the complaints from the Chain of Command and the facts and circumstances of the case—focused on three core issues: 1. Circumvention of Security Procedures 2. Honesty 3. Acts Bringing Discredit upon the Department Preliminary Review TA reviewed all of the available reports, supplements, statements, video files, digital photographs, court records, training records, and other documents related to the incident. All of the cited documents are available for further review in the IA digital case file. Unless already addressed in the preceding segments of this Investigative Summary (e.g. SIDA training, TSA investigation, etc), synopses of each item.of evidence are listed in the following subsections. Surveillance Video"” TA obtained and reviewed 24 digital files from the ABIA surveillance video system. ‘The surveillance video showed Detective Luera dropping off his family members at the terminal, parking his personally-owned vehicle at APD’s airport substation, being picked up at the substation and dropped off at the terminal by Officer Nelsen, circumventing the TSA security checkpoint with his friends and family, and being detained and interviewed by law enforcement/security personnel. ‘SIDA Badge Access Log!* ‘The electronic log documenting Detective Luera’s SIDA badge transactions revealed hho used his badge 9 times during the incident to bypass secured access points in order to circumvent the TSA security checkpoint with his friends and family. Reports & Supplements!” TA reviewed all of the reporis and suppleinents related to the incident. Notable observations are listed below: = Detective Luera was immediately forthcoming and seemingly contrite about circumventing the TSA security checkpoint with his wife and kids * Detective Lucra was mot immediately forthcoming about circumventing security procedurés with his two friends or their whereabouts at the time he ‘was initially stopped by APD, OPSEC, and TSA personnel = Detective Erica Westling of the Airport Unit condueted a perfunctory inquiry into the incident before relinquishing investigative responsibility to STU and IA. She interviewed Detective Luera, Mr. Ananias, and Ms. Camey on the day of the incident. The interviews were not recorded. "BL ~ Surveillance Video “Bp Access Log (SIDA Badge) 1 B4 (APD) & ES (OPSEC)DMAV, Digital Photographs, Radio Traffic’ These items have limited probative value compared to the other available evidence, but they proved usefull for establishing and confirming the timeline of events. There was only one DMAY file associated with this incident, as the events and ensuing investigation occurred inside the airport terminal. The video portion only captured the vehicular traffic at the terminal, and the audio from Officer Pont’s body mic terminated soon after he entered the terminal and exceeded the functional range of the system. Digital photographs of the group’s respective identifications, passports, and boarding ‘passes dre embedded in the APD and OPSEC reports. ‘The dispatch radio traffic fom the incident establishes a clear chronology of the events as they unfolded, but needs to be cross-referenced with other sources (e.g, surveillance video and DMAV) to derive an accurate timeline due to the lack of timestamps or other similar metadata from’ the recording. For example, the radio traffic was essential for establishing the amount of time that elapsed before secutity personnel were aware Detective Luera’s two unscreened friends: were sitting on a plane awaiting departure (~30 minutes), but only when reviewed in conjunction with the surveillance footage from the airport. 1. Circumvention of Security Procedures The evidence obtained during the IA investigation conclusively established Detective Luera used his city-issued SIDA badge to circumvent TSA security procedures at ABIA. with unauthorized individuals prior to a planned trip to Mexico. In addition to the surveillance footage from the airport and the SIDA badge log, Detective Luera’s unequivocal admissions were particularly compelling and noteworthy. From the beginning, Detective Luera readily and repentantly acknowledged he circumvented security procedures’!. He quickly paid the fine assessed by the Austin ‘Municipal Cour? and reached an amenable settlement with TSA for the federal civil penalty associated with the violation’. In his statement™ to IA on September 19, 2017, Detective Luera unreservedly stated he intentionally and knowingly used his law enforcement credentials to circumvent the established TSA security checkpoint at ABIA with his family members and friends. Furthermore, he acknowledged his actions violated the ABIA security training he had received prior to being issued a SIDA badge*. 2 £5 (OPSEC Report, pages 3-7), E7 (DMAV), & E8 (Radio Traffic) 2! EA — APD Reports. Sco supplements completed by Sgt. Brown, Det. Westling, et al 7 £3 — Court Documents 2 | — Emails — From Grant Goodwin on 9/6/17 & TSA Director Craig Sangrey on 9/21/17 % B4—IA Statement “**Note: Minor edits and formatting changes were made to transcript quotes throughout this document for the sake of clarity ifwhen necessary & appropriate (e.g. superfluous 254 1h Statement Traneript—Lines 267-276 & Lines 300.317 10Detective Luera explained his motivation for bypassing the security checkpoint”*: So my wife has an anxiety issue and I keep that personal stuff secret. I don't really tell anybody about it, But I had made the decision prior to getting to the airport and prior to the trip. I just didn't want her to have to deal with all the people. And I said, "Hey, look, I'l take us through our office, up the back stairs, ‘we don't have to deal with any people." I knew that my friends that were with us— our best friends—I've known them for years. I knew they had nothing illegal. I had mi two kids with me, and, at the time, I thought it was going to be a good idea to take them through the back route so that they wouldn't have to deal with it. Thave since found out otherwise. But that was my intent and it was never to cause any malicious harm. We weren't trying to sneak around anything, It was a mistake that I made, 2. Honesty It quickly became apparent during the initial IA review of the reports and supplements completed by the APD and OPSEC personnel who responded on the day of the incidont that Detective Luera may have provided them with inaccurate, misleading, or incomplete information regarding his travel companions and rationale for circumventing security protocols during the course of the preliminary field investigation. ‘Statements to Officer Michael Pont & Security Officer Josh Esau (OPSEC) Officer Barry Knott, Officer Michael Pont, and Security Officer Josh Esau established first contact with Detective Luera after the security breach was initially reported. ‘According to his SIU interview”, Officer Knott quickly recused himself from ‘questioning Detective Luera, a close personal friend, and deferred to Officer Pont. Officer Pont began to gather the basic facts and circumstances of the incident, including who was with Detective Luera at the airport. According to Officer Pont’s supplement: L spoke with Luera briefly and asked him who he had brought up the stairs and through the doors. He stated that he brought his wife and kids through. Luera did not mention letting anyone else into the sterile area: Security Officer Esau’s OPSEC report noted similar observations: At this point it was established that the suspected individual was Mark Anthony Luera, an APD detective and an ABIA SIDA badge holder (badge 62453). When confronied, he stated that he had been running late and decided to come through the stairs to bypass security. APD stayed with his children while Mark Luera went and retrieved his wife from the gate 8 where she had been waiting and the family was taken to Checkpoint 2 to be processed through security. While being processed his badge was confiscated and disabled to be returned to Badging and ID. % B4—IA Statement ~ Transcript Lines 196-211 2 D2—STU Statement ulAfter clearing the call I returned to the office to write a report when I was notified that Airport Communications had reviewed the footage and found that Mark Luera had escorted another couple at 10:59, helping them to bypass security before going back and retrieving his family. He had neglected to mention this in his initial statement. Approximately thirty minutes elapsed from the time security personnel first made contact with Detective Luera to the moment they definitively learned two of his friends had also circumvented security procedures and were on a plane awaiting departure, That plane was docked at Gate 8 at the same time Detective Luera retrieved his wife from the Gate 8 ‘waiting area shortly after being confronted for breaching security. IA interviewed Officer Pont on August 24, 20178. IA asked him about this i: sue: CROZIER: Okay. Was it possible [with regards to] Detective Luera, there was some sort of misunderstanding about what you were asking —why he didn't first mention those two people to you? PONT: I mean, it was a pretty straightforward question. He didn’t seem confused by the question... It was a little annoying to find out that two more: people had come through because during our initial conversation he didn't mention those two people. CROZIER: Right, Do you feel like he deliberately omitted that info? PONT: In my experience when people don’t tell me things like that, that's deliberate, but I don’t know his train of thought at that time, so. CROZIER: Okay. And what's your belief or opinion about that omission given the context? PONT: [He was] trying not to get his friends in trouble...trying to mitigate the severity of the problem...it appears that he was just trying to get everyone through without waiting in the TSA lines and then when he got caught, he tried to do damage control, but it didn’t pan out, because, I mean everything's recorded at the airport. CROZIER: Okay, So you think he was being willfully misleading? PONT: As far as his statements to me go? I think so. 286 ~TA Statement ~ Transcript ~ Lines 368-410 12JA asked Detective Luera to explain this aspect of the incident from his perspective. His response”: CROZIER: Okay. So when you were first approached — I believe it was Officer Knott, Officer Pont, and somebody from Airport Security. Officer Pont, in his statements and his report, said that he asked you who else was with you and you said, "My wife and kids," and didn't mention the other two people. What was the reason for that? LUERA: Like I said at the time, I went into panic mode at that point and Twas like, "You know what? I messed up pretty good here." I didn't want anybody else involved except for me...I didn't want them to be bothered. Imean it was going to be a mess to begin with and Ijust didn't want them to be messed with at that ‘point...that was the whole purpose behind that,..And I wanted, 10 be the one that was going to take the brunt of it and that was it. [. CROZIER: Okay. Were those accurate recollections by Officer Pont? That you neglected to tell him about your two friends? LUERA: Yes, sir. CROZIER: Okay. Do you think you should have been more forthcoming with him? LUERA: Yes, sir. Statements to Sergeant Michael Brown Sergeant Michael Brown and Sergeant Steven Rodriguez arrived at the terminal to take command of the incident approximately twenty minutes after Detective Luera was detained. Detective Luera initially told Sergeant Brown that nobody else was with him. Detective Luera then quickly revised his statement and acknowledged he had two friends with him, but they were “long gone.” Sergeant Brown asked if the friends had been screened by TSA and Detective Lucra stated, “Yes.”"° Based on those responses, Sergeant Brown. formed the opinion that Detective Luera’s friends were no longer at ABIA and had adhered to the established security protocols. In fact, Detective Luera’s friends were not “long gone” and were eventually located on the same plane on which Detective Luera intended to travel. Additionally, they had not been screened by TSA. 2 B4- IA Statement — Transcript Lines 393-411 & Lines 443-454 50 E4— Sgt. Brown’s supplement & D1 — Sgt. Brown's [A Statement 13IA interviewed Sergeant Brown on August 18, 2017". During the interview, Sergeant Brown was reticent to speculate on Detective Luera’s intention or mindset when he made those comments, but allowed for the possibility that there was a misunderstanding or miscommunication. Sergeant Brown also acknowledged that he should have asked some clarifying follow-up questions. As the preliminary field investigation was winding down, Sergeant Brown spoke with Detective Luera in an attempt to reconcile the earlier discrepancies. At that time, Detective Luera asserted he had “misspoke”, to wit" BROWN: Lasked Luera a little later after all this had kinda run through I said, “When I asked you earlier if they'd gone through screening and you said they did, what was that about?” And he had told me, “Well I meant to say “no”. I heard my wife say they went through screening and I meant to say “no” but I said “yes.” He basically told me he misspoke. CROZIER: Did you find that explanation credible when he gave it 10 you? BROWN: It could be possible. It could be at this point, he was starting to get nervous about it and may've just misunderstood. CROZIER: Okay, and were you satisfied with that explanation? BROWN: I guess. Imean, there’s nothing I could add to it more or less. I would've liked him just to tell me straight up, “I had two other ‘people with me.” Detective Luera provided Lieutenant Joe Robles with the same explanation about the discrepancies, according to a sworn written statement completed by Lieutenant Robles. Sergeant Brown stated Detective Luera ultimately “came clean” by the end of the incident™*: CROZIER: Okay, so it seemed to take a lot of extra time and effort to get to the point where you finaily learned that Detective Luera had two friends on the plane who had not been screened. Ultimately after pulling everybody off and dealing with him do ‘you feel like he came clean on the issues and you had all the information that you needed from kim? BROWN: By the time it was all over with, yes. CROZIER: So speak on that a little bit. 3 D1 -IA Statement 5 D1 —1A Statement — Lines 453-487 ® D7 SIU Statement ~ Swom Stat > DIL_—IA Statement — Lines 553-585 14BROWN: CROZIER: BROWN: Well, Imean, we - it was kinda, I mean, we had to work at it to ‘figure out that there was two other people that were with them, We had to work at it to find out that they were still on the plane, So I don’t think he was as forthcoming as he could've been. It took longer than it should've. Do you feel like he was ever just willfully misleading and i dishonest with you? It depends on if he misunderstood me or not when he said they ‘went through screening. I can’t speak [to] if he misunderstood ‘me or not, or if ke was really dishonest and was just tryin’ to not have me pull his friends off the plane. In his IA interview, Detective Luera stated he had been dishonest with Sergeant Brown during their initial interaction. Shortly thereafter, he endeavored to atone for his transgression by revealing the truth to Sergeant Rodriguez’: CROZIER: LUERA: CROZIER: LUERA: CROZIER: LUERA: Okay. Now, in your initial telling of it - you said - you used the word, "Lie," with Sergeant Rodriguez [to describe your earlier comments to Sergeant Brown]. Is that the word you would choose to characterize those statements? Yes sir. I did tell him that they had gone through screening. And they indeed didn't...So, yes. I did lie to him How much time elapsed between that initial inaccurate ‘statement to Sergeant Brown and when you rectified it by telling Sergeant Rodriguez? It wasn't very long. I would say within, I don't know, within a minute or so. Irealized I had made a mistake and it was time to man up. Okay, What was Sergeant Rodriguez's response? Idon't remember his response. Uh...but I remember him calling - I think he called someone on the radio or something. And said, "Hey we've got a couple more people." 25 B4 ~IA Statement — Transeript—Lines 544-570 15Detective Luera’s statements were substantially corroborated by the evidence obtained during the investigation’®, In his SIU interview”, Sergeant Rodriguez confirmed Detective Luera admitted his two friends had also circumvented security. Sergeant Rodriguez. said he did not feel like Detective Luera’s intent was to be deliberately deceitful, but he was not entirely forthcoming. Sergeant Rodriguez further clarified that Detective Luera responded accurately to clear, direct questioning. Rationale for Circumventing Security Procedures ‘When questioned by multiple officers about his reasoning for circumventing security procedures on the day of the incident, Detective Luera asserted he visited the police office—located downstairs within the terminal—to use the restroom. Afterward, ostensibly as a matter of convenience, he decided to use the back corridor to gain access to the sterile side of the airport**, IA interviewed Detective Erica Westling on August 29, 2017”. Detective Westling is the sole APD investigator assigned to ABIA. She interviewed Detective Luera and his two friends on the day of the incident. According to Detective Westling, the respective statements were consistent with one exception: WESTLING: It was told to me by Luera that he went in there to use the bathroom and then while there headed up the stairwell. The discrepancy I found was that’s not what the two guests had said...and waiching the video surveillance, that was obviously not what transpired. TA asked Detective Westling if Detective Luera appeared to take responsibility for his actions: CROZIER: So, did he ever deny to you that he circumvented security procedures or was he pretty forthcoming about that aspect? WESTLING: He did not deny [it]. He minimized, in my opinion, how it occurred, like, “I was in the bathroom, it was - we were here so I just headed up the back way,” when his two travel companions—not his wife—the Carneys, stated that he had already discussed not having to go through screening so that's where, you know, to me there’s a minimizing his actions or his behavior. Yes, he admitted right away he screwed up to me. CROZIER: So how would you describe overalll his demeanor, attitude, and level of cooperation? > One must account forthe perceptual distortions associated with physiological stress (eg wmpenl dysnomti) 37 D3 — SIU Statement 3 E4— 17-1280667 (Lt. Robles, Det. Westling, Ofe. Pont, & Set. Rodriguez) 2 D5 -IA Statement — Transcript “©D5—IA Statement ~ Transcript ~ Lines 277-285 & Lines 317-327 16WESTLING: I think he was extremely nervous, attitude wise. I mean, I think hhe had just ruined a trip for his wife, his kids, embarrassed his family, so his demeanor, Iwould say was embarrassed and nervous. Supervisors are around him so I think his demeanor was appropriate for the circumstances. His cooperation was there. In his interviews‘ with SIU and 1A, Jason Ananias stated Detective Luera first mentioned the possibility of bypassing security protocols at ABIA during a social gathering approximately 2-4 weeks before the trip. Those plans coalesced the day before the flight, according to Mr. Ananias®, During those same interviews, Mr. Ananias provided detailed accounts about how Detective Luera escorted them through the police substation, up a back stairwell, and into the sterile area of the airport. Mr. Ananias stated he felt uncomfortable circumventing security protocols, but he lacked the courage to deviate from Detective Luera’s guidance’. IA asked if the decision to circumvent the security checkpoint hed beea made by the ime the group went downstairs to the police office": CROZIER: When [Detective Luera] said, “Hey, follow me,” and you guys were upsiairs and you went down to the police office, you believed that the’ decision had alreddy been made to circumvent the security? ANANIAS: Oh yeah, there would've been no other reason to go that route. KellyAnn Carney, Mr. Ananias’ wife and travel companion on the day of the incident, declined to speak with IA but provided statements to Detective Westling and STU‘. In her SIU interview, Ms. Camey did not recollect a prior plan to circumvent security protocols. However, according to Detective Westling, Ms. Camey stated Detective Lucra had mentioned bypassing screening on the way to the airport when Detective Westling interviewed her on the day of the incident". She stated events transpired rapidly fom. her perspective. Ms. Carney synopsized the incident thusly: “Unfortunately, I followed the leader and [Detective Luera] was the leader.”*7 Katherine Luera declined to provide a statement to 1A. * C1 —IA & SIU Statements * C1—IA Siatement ~ Transcript — Lines 234-269 C1 IA Statement — Transcript — Lines 340-381 & 524-554 4 C1—IA Statement ~ Transcript — Lines 661-665 “5 C2 ~ STU Statement 46 D5 —TA Statement ~ Transcript — Lines 162-186 & 280-285 #7 C2 — STU Statement — 02:42 7TA asked Detective Luera to explain this aspect of the incident from his perspective. He acknowledged the decision to bypass security had been made weeks earlier, and was not ‘a spontaneous choice he made after using the restroom**; CROZIER: Okay. The third issue I was going to ask you about was: you had mentioned to several different officers that you were down there to.use the bathroom and that once you were down there you just decided to go up. LUERA: Yes, sir. CROZIER: And when they were trying to assess the credibility of that + statement, they were under the impression—speaking to your friends and watching the surveillance—that the decision had been made prior to that. LUERA: Yes, sir CROZIER: And you, in fact, earlier said that is true, right? You had already decided maybe three weeks earlier? LUERA: Yes, sir that's correct. CROZIER: Okay. So those were accurate assessments by the officers? LUERA: Yes, sir. 3. Reputation of the Department. 1A asked the APD personnel involved in the incident about the impact the events of that day had on the reputation of the Department with our security partners at ABIA. ‘The responses: Sergeant Michael Brown'®: Well, it was hugely embarrassing. We get a lot of leeway as police officers out there. We have access all over the terminal. TSA will do emplayee screening where they'll randomly search employees that work in concessions or the airlines that go through but we're exempt from all that. We're exempt from the amount of escorts we can take through there...we get a lot exemptions. It just makes them look at us harder now. It spread all over TSA. Everybody at TSA knew about it... now they're really suspicious...so it's definitely caused lack of trust with us. It's just embarrassing. + B4—IA Statement — Transcript Lines 572-591 ‘© Di ~ Transcript~ Lines 640-687 18,Detective Erica Westling®: I think it's horrible. I'm sorry, I think it’s very serious, and...it should be taken very seriously and that was just kind of a blatant = that looked bad, it looked really bad because it involved so many different people, and that goes all the way up to headquarters for TSA at the Washington level, 30 it does look bad. It could have been very serious. Officer Michael Pont*!: It certainly damaged it. I mean airport security, they were dispatched. They see that as like, jou know, abuse of the system kind of thing. TSA is never happy about any sort of circumventing the screening. I mean they take that super, super serious. And so yeah, one of us taking advantage of the system is not good. IA asked Detective Luera the same question during his interview: Detective Mark Luera*: Not good. I-mean, that embarrassed the department. I ‘work out there. It was definitely an embarrassment for me and my coworkers...put the department in a position that I never wanted to put the department in, I think it's embarrassing. Epilogue Detective Luera's mindset IA asked Detective Luera for insight regarding his mindset at the time he was detained and questioned during the incident™: I be honest with you ~I was pretty scared at the time. Iknew I had messed up pretty good. I got pretty nervous, I freaked out...I was afraid. I worked really hard to be where Im ai now. I literally see that gone, You know, flushed away. Because of some stupid mistake that I made. However, Detective Luera made it clear that he was not attempting to mitigate his culpability, despite the inner turmoil he was experiencing™: Thnew what Iwas doing, and I knew what Iwas saying. I've been in some pretty stressful situations, you mow, being on the SWAT Team. I was trained to ‘maintain calmness and be calm when other people weren't, But yes, it's nerve wracking. © D5 — Transcript — Lines 620-628 51 D6 —Transcript— Lines 559-563 ® B4 IA Statement ~ Transcript ~ Lines 596.603 3 B4 —IA Statement ~ Transeript ~ Lines 342-244 & 472-483 3*B4 IA Statement ~ Transcript ~ Lines 513-517 19Lessons Learned TA asked Detective Luera if he would do things differently if presented with the same set of circumstances*: wouldn't do what I did. I wouldn't circumvent the'security. I wouldn't use my card. I wouldn't abuse the power that was given to me, I was given these opportunities and Tabused it. And that's all on me. Summary of Facts + On May 8, 2017, Detective Mark Luera used his law enforcement credentials to intentionally and knowingly circumvent the established TSA security checkpoint at the Austin-Bergstrom International Airport with his wife, two children, and wo friends. * Detective Luera provided the initial on-scene investigators with inaccurate, misleading, and incomplete information regarding, the fact his two friends had also circumvented screening and the timing of his decision to. bypass security protocols. = ABIA OPSEC personnel confiscated Detective Luera’s SIDA badge and revoked his access privileges. «Detective Luera received a citation for Circumvention of Screening Prohibited in violation of Austin City Code 13-1-83, a Class C Misdemeanor. Detective Luera entered a plea of nolo contendere in the City of Austin Municipal Court and paid 2 fine of $370.00. No one else involved received a citation. * The Transportation Security Administration (TSA) conducted its own investigation. Detective Luera was fined $2000.00. * SIU conducted a concurrent investigation into the incident. At the time of writing, the case was suspended pending prosecutor review for the offense of False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee, Class B misdemeanor. $9 B4—TA Statement — Transcript — Lines 621-639 20- AEBIS ea Zz Sergeant Ciaran omens Date 2 th UA Zh fo G-27- Lieutghant Jasog’ Bufant #3432 Date Date 24