AUSTIN, Texas (FOX 7 Austin) - The 5th floor at APD headquarters is where the final decision was made against Commander Jason Dusterhoft. In the public eye Dusterhoft was a popular police officer. He didn't shy away from special events and had always bounced back from several missteps. I
n a statement sent to FOX7 Austin News Jason Nassour, the attorney for Dusterhoft, denounced the action as an unfair invasion of his client's bedroom.
"Chief Manley once again has inserted his moral compass to create his own version of reality in addressing disciplinary matters for his officers,” stated Nassour.
Nassour, was not available for an on camera interview but over the phone, told FOX 7 that Commander Dusterhoft is appealing the decision.
The indefinite suspension memo was released December 20th. It was based on an internal investigation that was launched after a former girlfriend accused Dusterhoft of hitting her.
The Yellow Rose strip club in North Austin is where the incident allegedly took place. In the memo, investigators admit there's no evidence to support the assault charge, but Dusterhoft was accused of assaulting the same woman during rough sexual encounters.
Nassour claims the sex was consensual and was not a criminal act.
In his written statement it was noted that, "the DA's office after reviewing the evidence did not believe there was probable cause that a criminal act had occurred."
Violent sexual misconduct is one of several charges cited by police Chief Brian Manley for firing Dusterhoft. The others involve people he allegedly hung out with at the Yellow Rose.
The conclusions cited multiple policy violations. Things like; he should know choking someone during rough sex is dangerous and could be considered an assault. He was accused of not being honest for deleting sex videos off his phone. He also allegedly associated with prostitutes and at least one known drug dealer. All of which, according to the chief, has brought discredit upon the department.
With the appeal, charges and denials will now be made during an arbitration hearing. Typically hearings are to happen within 90 days, but they have been known to take longer to schedule.