Austin police officer fired 3 times remains employed during appeals

Austin police leaders have fired Officer Phillip Sparkman three times over misconduct stemming from his June 2024 driving while intoxicated arrest and subsequent incidents, yet he remains on staff because he has appealed his first two firings.

That's according to a memo from Police Chief Lisa Davis released Tuesday.

Sparkman's latest firing, issued May 19, came after the department learned nearly two years after Sparkman's arrest that a previously undisclosed toxicology test detected THC in the blood sample collected during the driving while intoxicated investigation, according to disciplinary records.

Under Texas civil service law and the city's police labor agreement, officers may appeal disciplinary decisions to an independent arbiter. Davis wrote that although Sparkman is not working for the Police Department anymore, he remains an employee because both of his previous termination cases are under appeal. 

Sparkman appealed his first firing, issued in December 2024. Since then, Police Department spokesperson Anna Sabana said Sparkman has not received a paycheck from the department or performed any work.

The department later brought two additional termination cases while those appeals remained unresolved. 

The Combined Law Enforcement Associations of Texas is representing Sparkman in his appeals. Reached by phone Tuesday, CLEAT Deputy Executive Director Jennifer Szimanski said the appeals remain pending.

"Sparkman hasn't been reporting to duty in any capacity since the DWI arrest," Szimanski told the American-Statesman.

Asked about the conduct that led Davis to fire Sparkman three times, Szimanski noted that all criminal charges against him had been dismissed.

City officials did not immediately respond to questions about when Sparkman's appeal hearings will be held.

The disciplinary records outline three separate termination cases stemming from incidents that began with Sparkman's June 22, 2024, arrest by  Round Rock police.

The first firing, issued in December 2024, followed Sparkman's arrest on charges of driving while intoxicated and unlawfully carrying a weapon. An Austin police internal affairs investigation concluded Round Rock officers observed Sparkman driving erratically, smelling of alcohol and showing multiple signs of intoxication before arresting him. Investigators also concluded that Sparkman repeatedly lied by denying he had consumed alcohol despite toxicology results and officers' observations.

According to the disciplinary memo, Sparkman was placed on paid restrictive duty after the arrest while the criminal and internal investigations continued. That means he remained an officer, but was prohibited from doing typical police work like patrols or investigations. Investigators said Sparkman became unreachable in November 2024, prompting the department to file a missing person report with Round Rock police. 

Investigators later determined he had traveled to Bogotá, Colombia, without notifying supervisors or obtaining approval. Davis concluded that Sparkman violated department policies by leaving the country while under investigation, failing to cooperate with Internal Affairs and being absent without authorization. 

Several months later, Sparkman was arrested again by Round Rock police. 

According to a May 11 disciplinary memo, Round Rock police responded shortly after midnight on May 21, 2025, to a 911 call from a woman identified as Sparkman's romantic partner. She reported that Sparkman refused to leave her home and said she feared he would return if officers simply asked him to leave. 

After speaking with the woman, officers told Sparkman he was trespassing and repeatedly ordered him to leave. Investigators said Sparkman refused multiple lawful commands and became increasingly confrontational, prompting officers to arrest him on suspicion of criminal trespass. 

According to the memo, Sparkman identified himself as an Austin police officer during the encounter, responded, "Shoot me then," after being told he was under arrest and used profanity toward the Round Rock officers as they removed him from the home. Investigators said Sparkman refused to walk after being handcuffed, forcing officers to place him in a full-body restraint system and carry him from the residence. 

Eight Round Rock officers later interviewed by Austin Internal Affairs described Sparkman as belligerent, argumentative and uncooperative.

Third termination tied to toxicology results 

The third termination stemmed from new evidence related to the original 2024 DWI arrest.

According to Davis' May 19 disciplinary memo, Williamson County investigators notified the Police Department in April that a separate laboratory test conducted in March 2025 on Sparkman's blood sample detected delta-9 THC and delta-9 carboxy THC, compounds associated with marijuana. Davis wrote that the department had not previously been aware of those results and launched a new Internal Affairs investigation after receiving them.

During a May 6 interview, investigators showed Sparkman the toxicology report and repeatedly asked whether he had consumed marijuana, THC or CBD products in the days before his arrest. According to the memo, Sparkman denied using products containing THC and said the laboratory results were inaccurate.

Sparkman entered deferred adjudication on the driving while intoxicated charge, and a Williamson County court dismissed the case in April. Davis noted, however, that Texas law permits police departments to pursue internal discipline based on actions underlying criminal conduct even if criminal charges are dismissed.

Davis concluded that the evidence showed that Sparkman possessed or used marijuana, violated the department's drug-free workplace policy and was dishonest during the investigation. 

She wrote that the newly discovered evidence further undermined his credibility and fitness to serve as an officer, adding that retaining him would send "the wrong message" to the public and other officers that such conduct was acceptable.

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