The Yellow Rose, a north Austin strip club, is where an argument allegedly got physical between Austin Police Commander Jason Dusterhoft and a woman he was dating at the time. But that accusation was disputed Thursday by Dusterhoft's attorney, Jason Nassour.
"This is all about her being disgruntled and upset that he broke up with her,” said Nassour.
No formal charges have been filed against Dusterhoft, who has been with the Austin Police Department since 1995.
Monday, an affidavit for a search warrant was unsealed and provided details about the alleged assault.
A woman, identified as Jane Doe, told investigators that:
"During the argument Jane Doe stated that Dusterhoft grabbed her by her face and mouth with his hand."
"Jane Doe further stated while Dusterhoft was grabbing her mouth, he struck the side of her face with his open hand which also caused her pain."
Security video at the Yellow Rose did not record any altercation, according to Nassour. He says there is video of the woman crying outside the club. On the video she is found by the manager, who called for Dusterhoft to come out.
"Dusterhoft consoles her, the manager calls her an Uber because she is too drunk to drive home, according to them, shows her getting in the Uber and gives him a kiss goodbye,” said Nassour.
In the court document, investigators claim seeing cellphone images of bruising on the woman's face. But Nassour says Dusterhoft said he was never alone with the woman and that no one at the club saw an attack.
"The entire time he was in the club, he was sitting in a booth, and it ranges anywhere from four to five people, depending on whether the victim was roaming around the bar or came back and sat down, he was always with a group of people in a booth,” said Nassour.
Investigators say the woman provided text messages about the incident, as well as messages regarding other altercations. A two-inch-thick transcript of all of the text messages from the woman was downloaded from Dusterhoft's phone. Nassour says they tell a different story about that night.
"I think the young lady is upset that she is no longer getting to date Mr. Dusterhoft,” said Nassour.
The night the woman left the club she allegedly texted that she was upset with Dusterhoft for paying too much attention to another woman. Nassour, read the thread he believes exonerates his client.
"'Well Jason, I wasn't that drunk, but I cried all the way home because you ditched me basically and that hurt.' That's her being upset that he ditched her.”
The transcript also shows how text messaging between the two continued several more days without the mention of any assault. The relationship does seem to be cooling off and the breaking point apparently came when a text from the woman brought up the use of cocaine by a friend and what Dusterhoft's daughter would think about him being at a strip club.
"'Guess you wouldn't mind your daughter dealing with this in a couple of years.' And then he starts questioning, what did you say about my daughter? And then he says, that's it I’m done with you. I'll have nothing else to do with you,” read Nassour from the transcript.
A few hours after the break up- the woman filed her complaint against Dusterhoft.
The incident is being reviewed by the Travis County District Attorney's office. A spokesperson declined to comment about the case.