When the two families' attorneys reviewed the body-camera footage and the drug test results together, the case they were looking at had become significantly stronger than either had anticipated when first taking the matter on. The racial profiling was documented. The force used against a minor was documented. The claim that Austin had been reaching for a weapon was directly contradicted by the footage.
The drug test also established that the officer who had made those decisions had been impaired while on duty, which raised broader questions about the department's oversight and its responsibility for allowing him to remain on patrol in that condition.
Internal Affairs pulled Dempsey's personnel file and found three prior complaints. The first had been filed two years earlier by a Black man who reported that Dempsey had stopped him without cause and had been aggressive and dismissive throughout the interaction.
The second had come from a Black family who reported that Dempsey had questioned their teenage son outside a convenience store for nearly 20 minutes without any clear basis. The third had come from a supervisor within the department who noted in a written report that Dempsey's behavior during a specific shift had seemed inconsistent with his normal conduct, a description that carried new weight in light of the drug test results.
All three complaints had been reviewed. None had resulted in suspension or serious disciplinary action. On paper, each one had been treated as an isolated concern. Viewed together after Riverside Park, they looked very different. One complaint involved an allegedly baseless stop and aggressive treatment of a Black man. Another involved prolonged questioning of a Black teenager without a clear basis. The third came from inside the department itself and described behavior that now appeared potentially consistent with an undisclosed substance problem. The pattern had been documented and minimized, and Dempsey had continued working until the evening he tackled a 17-year-old boy for reaching into his pocket in a public park.
The criminal referral was made to the District Attorney's Office two weeks after the incident. Prosecutors reviewed the body-camera footage, the drug test results, and the prior complaint history before deciding to pursue charges.
Dempsey was charged with assault involving a minor, false arrest, being on duty under the influence of a controlled substance, filing a false incident report in which he described Austin as having reached for a weapon, and misconduct in public office. The charges were announced publicly, and the body-camera footage was released to the media the same day.