On November 11, it was widely reported by news agencies that the City of Albuquerque and the administration of Mayor Tim Keller agreed to pay $950,000 to settle a personal injury lawsuit filed against the city and former Albuquerque Police Department Chief Harold Medina. The $950,000 settlement was over the 2024 two vehicle crashed where then APD Chief Harold Medina ran a red light fleeing gunfire and crashed into another vehicle leaving the  other driver with serious injuries and in critical condition.

Plaintiff  Todd Perchert and his wife sued the city in August 2024, seeking compensation for personal  injuries and property damage. Perchert was left with titanium plates across his rib cage, deformed bones in his upper arm and stitches in his ear. Perhcert’s vehicle, a classic gold 1966 Ford Mustang, was totaled as was the City issued vehicle to Chief Medina he was driving at the time.

James Tawney, Perchert’s attorney, said this in part in a statement of the  $950,000 settlement:

“No amount of money can take away what happened to Mr. Perchert or undo the physical and emotional toll this crash has taken on him and his family. … The injuries and long recovery left [my client] in significant pain and disrupted nearly every aspect of his life.  [My client] suffered devastating injuries because of the actions of someone entrusted with protecting the public. … No one should be above accountability, regardless of their position.”

Links to relied upon and quoted news sources are here:

https://www.abqjournal.com/news/city-reaches-950000-settlement-with-man-injured-in-crash-with-former-apd-chief/3159900

https://www.koat.com/article/albuquerque-apd-chief-medina-crash-settlement/74392273

https://www.krqe.com/news/albuquerque-metro/city-to-pay-950000-settlement-in-lawsuit-over-crash-involving-former-apd-chief/

https://www.kob.com/new-mexico/city-of-albuquerque-settles-lawsuit-after-crash-involving-former-police-chief/

LAWSUIT FILED

It was on August 26, 2024 that Todd Perchert, the victim of the February 17 car crash caused by APD Police Chief Harold Medina  filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the City of Albuquerque and APD Chief Harold Medina. The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, was also a named plaintiff.

The Perchert’s claimed Chef Medina violated multiple state laws and department operating procedures when the crash happened. They also alleged the city is responsible because it was negligent in hiring, training and supervising Chief Medina. The 20-page lawsuit also alleged that  Todd Perchert was unable to be gainfully employed as a result of his injuries work and that he “suffered damage to the value and enjoyment of his life” because of his injuries from the crash.

PERSONAL INJURIES OUTLINED

According to news reports, Todd Perchert sought damages for the following personal injuries sustained in the car crash:

• Broken collarbone and shoulder blade
• 8 broken ribs (Reconstructed with titanium plates after surgery)
• Collapsed lung
• Lacerations to left ear and head
• Multiple gashes to face
• Seven-hour surgery
• Hospitalized with an epidural painkiller and chest tube for nearly a week.

Perchert’s attorney with the law firm of Tawney, Acosta & Chaparro P.C. said this of his client:

“Todd is still experiencing great amounts of pain, due to his extensive injuries, daily pain that he has to deal with. He will tell you that he still feels the metal in his body, dealing with the recovery from the surgeries, continuing treatment. It’s a struggle for him every day to try to continue on with the life that was taken from him before the crash. We’ll let the civil justice system, bring justice to Mr. Perchert.”

The links to quoted and relied upon news sources are here:

Victim of crash involving Albuquerque police chief files lawsuit (koat.com) 

https://www.kob.com/new-mexico/couple-suing-albuquerque-police-and-city-over-chiefs-crash/

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-chief-faces-lawsuit-over-crash/#:~:text=ALBUQUERQUE%2C%20N.M.,his%20classic%20Mustang%20in%20February.

FACTUAL BASIS OF PERSONAL INJURY CLAIM

On February 17, 2024 then  APD Chief Harold Medina and his wife were in an unmarked APD vehicle on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment. According to news reports, Medina said he and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.  Medina said  the  gunfire caused him to flee through a red light and into the intersection.  According to the lawsuit, Medina “hit the gas and tried to speed away from the area” ultimately running a red light and crashing into Perchert’s car in the process.  Medina did not turn on his lights or sirens before speeding off in violation of APD standard operating procedure.

Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored classic Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.  Both vehicles were totaled.  Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. A month after the crash, Perchert spoke publicly about what happened and said this:

“I was bleeding while trying to talk with the emergency operators on the phone. I couldn’t breathe, making it difficult to talk.” 

Medina and his wife were unharmed. Medina’s wife was not authorized for a police ride-along.  Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Medina passed breath and drug tests after the crash. Medina requested an internal investigation into the crash because he did not have his lapel camera on, which is APD policy violation.

On February 17, 2024,  immediately after the car crash, Mayor Tim Keller held a press conference and declared Chief Medina the victim of the accident. Keller said this:

“[Getting the call about the crash was]  one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day.  … Fortunately, in this case, I quickly learned he was OK.  … [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.

A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.” 

MEDINA DELARES HIMSELF VICTIM

On Tuesday, February 20, 2024 Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”

SURVEILLANCE VIDEO OF ACCIDENT RELEASED

On February 21, 2024,  APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang. The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting. The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic, and running a red light.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck accelerates through a red light at a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

The link to review the surveillance video of the accident is here:

https://www.kob.com/new-mexico/apd-releases-surveillance-video-of-police-chiefs-crash/

RESULTS OF INTERNAL AFFAIRS INVESTIGATIONS

On April 3, 2025,  it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable” and therefore Chief Medina was not charged with any traffic violations by APD.

On July 18, 2025 the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia.  Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by APD standard operating procedures.

The letters of reprimand were placed in Medina’s personnel file. No other disciplinary action was taken. Medina was not placed on leave nor was his pay suspended and he was not demoted. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

NEW MEXICO DEPARTMENT OF JUSTICE INVESTGATION

On July 18, 2025  it was announced the Medina vehicle crash was referred to and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to determine if criminal charges should be brought.  APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating the crash.

Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

“CARELESS DRIVING” VERSUS “RECKLESS DRIVING”

The New Mexico Department of Justice evaluated the car crash to determine if it was the result of “careless driving” and declined to investigate if it was the result of “reckless driving”.

It is Section 66-8-114 of the New Mexico Statutes that defines Careless Driving as follows:

1. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
2. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.

https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-114/#:~:text=Any%20person%20who%20operates%20a,is%20guilty%20of%20a%20misdemeanor.

It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. Medina could have totally prevented the accident by turning right on Central but instead drove into oncoming traffic driving between 2 other vehicles and the accelerating over 3 lanes of traffic and plowing into Todd Perchert.

INTERNAL AFFAIRS REPORT DISCLOSED

On August 25,2025 it was reported that a report from APD Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17.  The Internal Affairs report said that Chief Medina “intentionally and purposefully did not record the interaction of the crash.”  The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

USE OF LAPEL CAMERAS BY ALL LAW ENFORCEMENT MANDATED BY STATE LAW

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

“A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

1. Requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;
2. Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
3. Requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and
4. Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies .

[B.] Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

COMMENTARY AND ANALYSIS

The word’s of Plaintiff’s attorney James Tawney for Todd Perchert discussing the $950,000 settlement are a scathing reminder to the public of Mayor Tim  Keller’s failure to hold former APD Chief Harold Medina personally accountable for his conduct when he said this:

“No amount of money can take away what happened to Mr. Perchert or undo the physical and emotional toll this crash has taken on him and his family. … The injuries and long recovery left [my client] in significant pain and disrupted nearly every aspect of his life.  [My client] suffered devastating injuries because of the actions of someone entrusted with protecting the public. … No one should be above accountability, regardless of their position.”

MEDINA’S VIOLATIONS OF STANDARD OPERATING PROCEDURES

Medina violated the following APD Standard Operating Procedures:

• Medina failed to activate his lapel camera in a timely manner.
• Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
• Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
• Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
• Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
• Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

Rank and file police officers would likely, and have been be fired by Chief Medina, for failure to activate their lapel camera in a timely manner and violations of standard operating procedure. Harold Medina however was the Chief of Police and it is clear he was given preferential treatment by his own department and by Mayor Keller who felt  at the time Harold Medina was “arguably the most important person right now in these times in our city.”

MEDINA WAS NOT THE VICTIM

Former APD Chief Harold Medina and Mayor Keller immediately after the accident had the nerve to declare Medina the victim of the accident ignoring the real victim and his injuries and the fact that Medina almost killed that victim. Mayor Tim Keller did not hold APD Chief Harold Medina 100% personally responsible nor 100% accountable for the vehicle  crash critically injuring and almost killing a private citizen. However, the citizens of Albuquerque have ultimately been held responsible and have paid the price for Medina’s actions to the tune of  $950,000 after Medina has gone into retirement.

Chief Medina was not criminally  charged with reckless driving nor careless driving and could have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD with a finding that the accident was “non preventable” and a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition to drive around in.

FINAL COMMENTARY

The final outcome of this entire case and the failure of Mayor Tim Keller to impose personnel disciplinary action against Harold Medina and failure to hold Medina personally accountable for his conduct will be remembered as the single most egregious case of preferential treatment by Mayor Tim Keller and by APD given to a member of Keller’s executive staff.

Each Veterans Day I am compelled to pay tribute to members of my family who have served in our military and who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest born and raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. In 1900 Albuquerque had a population of 10,000 and New Mexico did not become a state until 1912.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. My Uncle Pete Dinelli was killed in action when he stepped on a land mine.

My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II and was honorably discharged because of a service-connected disability. Years after the war, my father met my mother Rose Fresques at the Alvarado Hotel where she had worked as a Harvey girl. After the couple married, my father went to barber school in Denver, Colorado, returned to Albuquerque and opened “Paul’s Barber Shop” which was located at Third and Lomas.

The Fresques family dates back to the year 1650 in northern New Mexico. My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also served in World War II. My Uncle Alex Fresques served in England and was in the Air Force.

My uncle Fred Fresques saw extensive action in the US Army infantry during World War II and was awarded 2 Bronze Star medals and a purple heart for his service. The Bronze Star medal is awarded to individuals who, while serving with the Armed Forces of the United States in combat, distinguish themselves by heroism, outstanding achievement, or by meritorious service. The purple heart is awarded for being injured in combat or dying in combat.

My Uncle Fred would never talk to anyone about what he saw. After the war, my Uncle Fred returned to Albuquerque and raised a family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father-in-law, George W. Case, who passed away at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father-in-law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father-in-law George Case returned to Albuquerque was married to my mother-in-law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owned a liquor store for a few years and then went on to build, own and operate the Old Town Car wash, which still stands today, and he was in the car wash industry for a number of years.

My nephew Dante Dinelli, the son of my brother Veron and his wife Rosemary, was born and raised in Albuquerque,  and he  joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and worked in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister Pauline and her husband Marvin, were born and raised in Albuquerque and went to Bosque Prep. Both Mathew and Brandon are in  the United States Marine Corps and both continue to climb the promotion ladder in the Marine Corps.  Both have achieved the rank of Lt. Colonel and both have worked at the pentagon. My nephew Lt. Colonel Brandon Barnes is a graduate of the US Naval Academy. My nephew Lt. Colonel Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices to this great country of ours will never be forgotten. God bless you all and God Bless this great country of ours!

On October 9, 2026 the Office of outgoing Governor Michelle Lujan Grisham announced in a news release that the state’s General Services Department has selected the Albuquerque-based architect firm Hartman + Majewski Design Group  to produce a detailed master plan for the New Mexico State Fair Grounds also known as EXPO New Mexico. The contract awarded is valued at more than $6.4 million. Stantec Consulting Services Inc. has already created a general master plan for the site.

Hartman + Majewski was founded in Albuquerque in 2002. The firm describes itself as a “full-service firm specializing in community development”. The group’s past projects include Christus St. Vincent Regional Medical Center, the Albuquerque BioPark’s Asia exhibit, Rio Rancho’s City Hall, Christus St. Vincent Regional Medical Center in Santa Fe, UNM’s Anderson Student Financial Services Center, and the New Mexico State Police District 1 facility. The selection of  Hartman + Majewski Design Group comes seven months after the State Fairgrounds District Board voted 6-1 to approve redevelopment plans for the property’s southwest corner.

The General Services Department has  issued  Request for Proposals (RFP)  for an anchor developer and intends  to make its selection in December. That developer will use the master plan to build Phase One, which will  include affordable housing, parks, an event center and stadium. The state General Services Department will oversee the project development.

The multi-year redevelopment is projected to support upwards of  940 jobs annually over 30 years. The Hartman + Majewski’s detailed plan will provide more specific guidance for the project’s future developer including where to position a proposed sports stadium, a public park and housing. The plan includes designing a park, pedestrian improvements, mixed housing and commercial development, and a stadium.  The entire planning and development process is expected to take up to two years. The Commercial Real Estate Development Association recently released a poll showing that local real estate leaders support the redevelopment project and think it could spur more investment in the International District located directly south if the fairgrounds on Central.

Phase One  is funded with $200 million, which includes money for buying out private properties. The first phase could include housing, a public park, pedestrian improvements, mixed-use commercial spaces and a sports stadium for a professional soccer team. The state is also looking at a potential “phase two” which would add hotels and other features to the site.

State leaders call it an exciting milestone because of what it could do to revitalize Albuquerque’s International District along Central Ave., east of San Pedro. Anna Silva, the Secretary of the New Mexico General Service Department, said this:

“[The contract award marks] a significant step in establishing the planning and design framework necessary to advance the project. The detail master planner basically takes the concept and what we say, what we call program the site, and basically it’s determining where all the pieces are going to be laid out on the site. … The state is also looking at a potential “phase two,” which would add hotels and other features to the site. …  We plan to bring security. We plan to bring development. We plan to bring opportunities for everybody around the area.  So the housing is not going to be pushing people out. we’re going to be enhancing the community,”

Gov. Michelle Lujan Grisham said this in a statement:

“We’re making steady progress on the State Fairgrounds, and each step brings us closer to the day when families in the International District can take pride in a revitalized neighborhood that’s safer and provides more economic, recreational and cultural opportunities for all who call the area home. Today’s announcement shows that my administration is committed to enhancing quality of life in the International District and all of Albuquerque.”

Links to quoted or relied upon news sources are here

https://www.krqe.com/home/state-picks-firm-to-create-state-fairgrounds-master-plan/

https://www.kob.com/news/top-news/new-mexico-picks-albuquerque-firm-to-plan-state-fairgrounds-redevelopment/

https://www.abqjournal.com/business/albuquerque-firm-to-create-detailed-state-fairgrounds-redevelopment-plan/3138931

EVOLUTION OF STATE FAIR GROUNDS REDEVELOPMENT EFFORTS

It was on March 21, 2025, in response to Governor Michelle Lujan Grisham’s announcement to redevelop or move the State Fair, also known as Expo New Mexico, the New Mexico legislature passed legislation creating the “State Fairgrounds District.” It is a board that has redevelopment funding authority over the existing State Fair grounds area. The State Fair Commission still remains as the  oversight authority over of the state fair.

The make up of the seven member “State Fairgrounds District” are mandated by statute  to be made up of elected officials except one citizen member appointed by the Governor who is designated by the Governor acting as chairperson. None of the seven members who are elected officials  are subject to approval by the legislature. Voting members of the State Fairgrounds District Governing Board are:

• Governor Michelle Lujan Grisham, chairperson
• Albuquerque Mayor Tim Keller
• Senator Mimi Stewart, Senate President Pro-Tempore, International District, #17
• State  Representative Janelle Anyanonu whose district the fair grounds is located
• City Councilor Nichole Rogers whose district the fair grounds is located
• County Commissioner Adriann Barboa whose district the fair grounds is located
• Peter Belletto, President, District 6 Neighborhood Coalition

On June 18, 2025 the state General Services Department announced that a $844,433 contract with Stantec Consulting Services Inc. was entered into with the State for Stantec to create a Master Plan  for repurposing the 236-acre tract of land that will make suggestions for the land’s use.

STATE FAIRGROUNDS DISTRICT BOARD VOTES TO SPEND $114 MILLION ON PHASE 1

On March 14, 2026, the State Fairgrounds District Board held its regularly scheduled monthly meeting on the Fairgrounds, with the meeting chaired by Governor Michelle Lujan Grisham. All 7 voting members were present.

The State Fairgrounds District Board voted 6-1 to approve Phase 1 of the Master Plan giving  their approval  for the state to spend $114 million in appropriations from the Legislature once the fiscal year began on July 1. The Phase 1 price tag is upwards of $200 million when combined with previously approved bonds.

Phase 1 includes infrastructure maintenance for the State Fair and to add permanent retail space. Phase 1 concentrates on reshaping and redevelopment of  the 250-acre site and includes upgrading fairground facilities, adding retail and entertainment options and an outdoor stadium.  Phase 1 proposes a mixed-income housing and public park spaces.

According to Stantec Consulting Services Inc  the investment is expected to generate $5.7 million a year in tax earnings which is double what the State Fair currently produces. Phase 1 is expected to create nearly 1,000 jobs.

Representatives with Stantec said the investment covers a wide mix of long‑needed improvements. Stantec said it’s recommending a stadium as an anchor tenant, because it could draw activity year-round.  The funding triggers the start of Phase 1 construction and  includes the following:

• A new multi-purpose sports stadium.
• New housing and business space.
• Park Plaza public spaces.
• Pedestrian safety improvements.
• Infrastructure upgrades.
• New traffic calming and pedestrian safety upgrades on San Pedro.
• New roads through the fairgrounds site, a park, housing.

The vote included building  an outdoor sports stadium on existing State Fair  property with no plans for replacing and demolition of the aging Tingly Coliseum. It also included a mixed use and  mixed-income housing development on the property located at southwest corner of the Fairgrounds bordered by San Pedro on the West and Central on the South of the New Mexico State Fairgrounds. The Phase 1 development will see the annual State Fair operating as normal while demolition and construction are underway around it.

Voting “YES” to Phase One were Governor Lujan Grisham,  Mayor Tim Keller, City Councilor Nichole Rogers, Senate President Pro Tem Mimi Stewart, D-Albuquerque, state Rep. Janelle Anyanonu, D-Albuquerque, and Peter Belletto, the president of the District 6 Neighborhood Coalition. Bernalillo County Commissioner Adriann Barboa voted “NO” after her motion to defer the vote for one month narrowly failed. Barboa wanted to defer the decision for a month so that the board could first vote on a Community Benefit Agreement (CBA), which sets out requirements for development, such as local hiring.

SEEKING TO REDEVELOP PROPERTY NOT OWNED

The current State Fairgrounds District Board voted to spend upwards of  $200 million on property that is not part of the State Fair grounds and where there are 12 business located.  The Southwest corner property is bordered  by San Pedro on the West and Central on the South and is in fact private property owned by a number of individuals and including limited liability corporations. The state sent out Letters of Interest to Purchase all the properties.

Governor Lujan Grisham and state officials had hoped to have all the property acquired by September 1 so they could break ground on Phase 1. They were being way too optimistic. The State has set aside $22 million to purchase the property and another $15 million for relocation on business, and that just may not be enough, especially if you are dealing with an unwilling seller.

Confidential sources have confirmed that property owners were extremely upset with the state efforts to condemn the properties. Notwithstanding, considerable progress has  been made in acquiring the properties at fair market value but those acquisitions and associated purchase prices for the land have yet to be announced by the state.

MASTER PLAN PRESENTATION BY STANTEC

On March 14, 2026, after over three months of community input and surveys conducted, Stantec Consulting Services held a public meeting and made a presentation on the Master Plan which included a presentation on Phase 1 of the Master Plan.

“Recommendations highlights include the State Fair remaining on the Fairgrounds, with investment in infrastructure and facilities upgrades, as well as an outdoor sports stadium as a strong economic anchor, activating the Fairgrounds and its edges with a walkable, mixed-use core, including housing and commercial activity.

Based on community feedback and discussion with Expo NM staff, the Fairgrounds would be reimagined from a seasonal venue into a place where residents and visitors can meet, dine, shop, stay, recreate, learn, live, and work through-out the year. Mixed-use environments would be programmed even on non-event days, centering housing, community venues, parks, and workplaces that could significantly expand Gross Receipts Tax (GRT) generation, a portion of which is utilized to unlock bonding for future development on the Fairgrounds.

Critical to Phase 1 recommendations are that the Fairgrounds are integrated into the surrounding neighborhoods by connected streets, parks, activated edges and pedestrian improvements.”

The Stantec report found that the cost of relocating the fair would be $1.1 Billion to $1.970 Billion for relocation and redevelopment. ($1.1 billion along with another $870 million for development. )

The link to review Stantec’s March 14 Master Plan presentation is here:

Click to access NMSFG_Draft-Recommendations_Public-Meeting-3.pdf

COMMENTARY AND ANALYSIS

On January 1, 2027, Governor Elect Deb Haaland will officially be sworn into office replacing Governor Michelle Lujan Grisham.  All seven members of the  State Fairgrounds District Governing Board are mandated by statute to be elected officials except a citizen member appointed by the Governor who is the chairperson on the board. Govenor Haaland will become the new chair and she could decide to replace the appointed citizen. She could decide not to convene the board ever again, decide to replace the citizen board member even seek to abolish the board.

The entire seven member State Fair Commission appointed by Governor Lujan Grisham will likely be replaced by Governor Haaland as commission terms end. Then there is the fact that State Fair Manager Dan Morning could also be replaced by Governor Haaland. Dan Mourning has been the manager of the New Mexico State Fair for upwards of 15 years. He took over the role of Sate Fair Manager when he was appointed by then Republican Susana Martinez. By all accounts, Morning has done a respectable job and has significantly influenced the fair’s environment and operations. It is well known that Morning is no fan of moving the State Fair Grounds.

It is downright pathetic that outgoing Governor Michelle Lujan Grisham would award a $6.2 Million contract to create a detailed State Fairgrounds Redevelopment Plan less than 90 days before she leaves office. It is an apparent effort by her to cling to a legacy project depriving her successor Governor Deb Haaland any room to change course on design or priorities.  Governor Lujan Grisham could easily go  down as the Governor who destroyed the State Fair for the sake of her ego.

AFFORDABLE HOUSING NOT HIGHEST AND BEST USE OF FAIRGROUNDS

At least $30 million of the Phase 1 monies is dedicated specifically for affordable housing and other types of income level housing. The blunt reality is that $30 million will not  go very far to build affordable housing. The term affordable housing is a false narrative. When the term “affordable housing” is used by elected officials, investors and developers, what they mean is “subsidized government housing.”  Construction costs are consistent when it comes to building a new housing and affordable housinfg.  According to the Homebuilders Digest, construction costs covering everything from materials to the actual construction average between $175 to $225 per square foot. To build a 750 square foot housing unit would therefore carry a cost of $131,000 to $168,750.

What the State Fair District Board did not take into account nor discuss is that the years 2024, 2025, 2026 were banners years for state appropriations to expand homeless and affordable housing projects in the City, including in the International District. During the 2024 and the 2025 legislative sessions, the New Mexico Legislature dedicated more than $300 million to various housing-related measures at different agencies, including revolving loans for builders, down-payment assistance and anti-homelessness programs.  The Legislature specifically earmarked $110 million in the 2025  year’s budget of the $10.8 billion budget for affordable housing and homelessness assistance programs.

During the 2026 legislative session, the New Mexico legislature appropriated $175 million for statewide housing and homelessness initiatives with the lion’s share going to Albuquerque. The 2025 New Mexico Legislature approved upwards of  $140 million for housing programs during the legislative session with $83 Million of the $140 Million is earmarked for  projects in the Albuquerque area for housing and the unhoused.

PARK AREA ACCESED FROM CENTRAL WILL LIKELY BE MAGNET FOR CRIME AND UNHOUSED

Phase 1 places a major emphasis and dedicates a large portion of the State Fair property to park area with access from Central. The reality of the city’s homeless crisis is that parks are notoriously magnets for crime and the unhoused. At this point, the State Fairgrounds, does not have a crime problem with the New Mexico State Police having primary law enforcement responsibility to calls for service. The lack of crime on the state fair property will no doubt change with a park and access from Central.

Area resident Dave Kailer was absolutely correct when he was questioned whether a proposed park could thrive in the area and he said this:

“You know what is going to happen to that park if you put it in the war zone? It will turn into a homeless park, let’s face it. … I don’t want to be ugly about it or negative about it. I’m just being realistic.”

History tends to repeat itself over and over again especially when it comes to the homeless crisis and parks in Albuquerque. The State Fair District Board might as well dedicate any park on State Fair grounds property with public access from Central as Coronado Park 2 in remembrance to Coronado Park which was closed by the city as a result of more than 125 unsheltered people taking over the park to camp and it becoming a hot bed for narcotic usage, trafficking illicit drugs and violent crime, including homicides and rapes.

MISPLACED REDEVLOPMENT GOALS

Five out of the current seven State Fair District Board members are elected officials of the International District with the President of the District 6 Coalition of Neighborhoods representing the  International District. It apparent that  Governor Lujan Grisham’s appointed State Fair District Board were strictly dedicated to reviving and benefiting the International District. Governor Lujan Grisham and the other six members of the State Fair District  Board  essentially  ignored  the needs and safety concerns of neighborhoods and businesses to the West, North and East of the Fairgrounds as well as the state wide support for the State Fair remaining where it is.

Outgoing Governor Lujan Grisham  and her appointed State Fair District Board  are using  State Fair property to solve all the crime, economic problems and lack of affordable housing of the International District.  Until you reduce crime and homeless on Central itself and in the International District itself, redevelopment of the State Fair property to benefit the International District will fail.

The International District, which is bordered by Central South of the State Fairgrounds has had for decades some of the highest violent crime, property crime and drug offense rates, so much so that it was at one time referred to as the WAR ZONE until it was officially renamed the International District, but the renaming had no impact on the trajectory of the area.  The International District continues to be plagued by high crime rates and  now has become a magnet for the homeless with encampments constantly popping up and cleaned up by the city only to pop up again.

Crime and the unhoused is what is destroying  private investment, job growth and small business development within  in the International District. After all the millions are spent to redevelop the fairgrounds, to improve infrastructure and traffic flow, building a park, adding public spaces and allowing businesses and low-income housing, the problems of high crime rates and the unhoused will remain the same in the International District because they have never been solved for decades. No businesses will want to relocate to the State Fair grounds after it is developed into commercial property, and it will become a magnet for crime and for the homeless, especially with parks.

CONCLUSION

On day one of assuming office, Governor Deb Haaland will have to decide sooner than later exactly what to do with the State Fairgrounds District Governing Board, replacing members of the State Fair Commission where she can and perhaps finding a new State Fair Manager. Governor Haaland should also decide if she wants to suspend or decide what can be done with the $6.4 million contract awarded for to create a detailed State Fairgrounds Redevelopment Plan by Governor Lujan Grisham in the wanning days of her administration.

Expo New Mexico can be revitalized into an Entertainment and Commercial Hub  that could revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas leased by the State Fair for shops, restaurants, theaters and entertainment venues that would also be used for operations of the annual State Fair and during the State Fair itself. The aging Tingly Coliseum should be demolished and a new multipurpose, state of the art venue should be built to replace it.

There should be no affordable housing and no other housing on the property. No portion of the State Fair acreage should be sold to any developer. The existing walls along San Pedro, Lomas and Louisiana should remain intact for security reasons but develop larger entrances. Efforts to revitalize adjoining neighborhoods should only be undertaken by private developers perhaps with state and city development and tax incentives.

The link to a related, previous article is here:

State Fairgrounds District Board Votes To Spend $114 Million On State Fair Grounds Redevelopment; Includes Building Outdoor Sports Stadium; Housing And Redevelopment Included On Private Property Not Yet Acquired; No Decision Made On Moving Fairgrounds With Cost Of $1.1 Billion To $1.97 Billion To Move

On  November 4, the United States Attorney’s Office for the District of New Mexico announced that a federal grand jury returned the first indictment in the ongoing DWI bribery and corruption investigation of law enforcement officers charging a former Bernalillo County Sheriff’s Deputy with using his official position to further a long-running scheme involving the dismissal of DWI cases in New Mexico.  According to the indictment  filed, between March 2018 and January 2024, Bernalillo County Sheriff Deputy Paul Jessen Jr., conspired with attorney Thomas J. Clear III and his paralegal, Ricardo Mendez, to help DWI offenders avoid criminal and administrative penalties related to their DWI arrests. In exchange for items of value, Jessen allegedly failed to appear at required criminal settings for DWI offenders who retained Clear, knowing his absence would allow Clear to seek dismissal of the proceedings. Jessen was also convicted earlier this year of obstructing a Drug Enforcement Administration investigation and making false statements to the FBI,

https://www.justice.gov/usao-nm/pr/former-bcso-officer-indicted-federal-dwi-corruption-investigation

Former Bernalillo County Sheriff Deputy Paul Jessen Jr., age 36,  was indicted by the  federal grand jury on the single felony criminal charge of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”  Jessen stands accused of taking bribes to allow DWI charges dismissed against defendants. The bribery scheme of law enforcement officials is the state’s largest public corruption scandal involving law enforcement officers from the Albuquerque Police Department (APD), the New Mexico State Polic (NMSP) and the Bernalillo County Sheriff’s Department (BCSO). If convicted, Jessen faces up to 20 years in prison.  Jessen is  already facing federal prison time  in another case for tipping off drug dealers.  In July, a jury convicted him of obstructing justice for tipping off a North Valley drug dealer that he was under investigation by the U.S. Drug Enforcement Administration.

It was in September 2024 that Jessen was first indicted in an unrelated federal case. In 2021, Jessen and fellow BCSO Deputy Kyle Linker were notified by the federal Drug Enforcement Administration (DEA) about an impending raid near a drug dealer’s North Valley home. The DEA claimed that Jessen and Linker wanted to keep the drug dealer as a confidential informant and tipped off the dealer so he’d stay out of trouble. Jessen along with his  partner, Kyle Linker were charged with leaking confidential information to the drug dealers who were being investigated by the DEA. Linker pleaded guilty in the case and served 30 days in prison. In June, Jessen was found guilty by a jury for his role. The drug  dealer  Rod White, was a star witness against Jessen, who denied any wrongdoing in court papers and didn’t testify during a four-day federal trial. Jessen’s sentencing in the case is set for December 15, 2026.

Deputy Paul Jessen Jessen  joined the BCSO in 2012. Jessen was an award-winning detective working drug trafficking and other cases on an FBI task force.  Jessen served in the BCSO DWI Unit for four years starting in 2016. BCSO spokesperson Jayme Gonzales said Paul Jessen was terminated by BCSO and declined to say if BCSO is aware of the identity of the other BCSO deputy allegedly involved and if that person is still with the agency.

U.S. Attorney’s Office spokesperson Tessa DuBerry declined to say if other BCSO deputies involved with the DWI  scheme are still with BCSO and declined to give any other details. DuBerry also declined to say if former BCSO deputies Johann Jareno and Jeffry Bartram, both who have been  identified by Sheriff John Allen as being tied to the scheme, were being investigated as well.  Former BCSO Deputies Jareno,  Bartram,  and  Hammerel have been added to the 2nd Judicial District Attorney’s Office Brady-Giglio list, which names law enforcement personnel deemed untrustworthy to testify. Unlike Hammerel, Jareno, Bartram neither has been charged.

JESSEN INDICTMENT ALLEGATIONS

The bribery and conspiracy scheme to dismiss DWI cases by law enforcement first became public in January 2024 after FBI agents raided the homes of several Albuquerque Police Department officers, Clear’s law office and Mendez’s home. As the conspirators pleaded guilty, the breadth of the scheme widened to include BCSO and New Mexico State Police personnel.

The indictment against Jessen alleges he worked with a “senior BCSO deputy” to take bribes from criminal defense attorney Thomas Clear III  to have DWI cases against Clear’s clients dismissed.  The bribes accepted by Jenssen allegedly include  a Craftsman tool chest, Pit Boss smoker, flat-screen TV and free legal services.  A BCSO senior deputy,  referred to as “co-conspirator 1” by federal prosecutors in the indictment, is not identified in the indictment filed in U.S. District Court for New Mexico.

The indictment alleges that BCSO Deputy Jessen’s involvement in the DWI scheme occurred between March 2018 and January 2024. The indictment states that when Mendez offered Jessen a cash bribe, he refused to take it “and expressed concerns about being offered the cash” to a senior BCSO deputy.  Afterward, Jessen agreed to accept “items of value for his home” for letting his DWI cases get dismissed by skipping out on required court appearances. Between 2016, when Jessen joined BCSO’s DWI unit, and 2019, he had eight DWI cases involving Clear and all but one were dismissed. The indictment alleges in part:

“To ensure successful operation of the scheme, Mendez contacted persons in authority at BCSO, including Co-Conspirator 1 to ensure that participating Conspiring Officers, including Jessen, would fail to appear at required settings in exchange for either cash payments or gifts and other items of value.”

In 2022, the indictment alleges criminal defense attorney Thomas Clear III gave Jessen “free legal representation while Jessen was under investigation for criminal charges unrelated to the conspiracy described herein.”  At that time, Jessen had become a suspect in a separate federal corruption case, though he wasn’t charged for two more years.

Jessen is the second Bernalillo County Sheriff’s  Deputy to be implicated in the three decades long scheme.  Thus far, nine Albuquerque police officers, attorneys Thomas Clear III and Rudolph Chavez and Clear’s paralegal Ricardo “Rick” Mendez have pleaded guilty to federal charges ranging from racketeering to extortion.

The Jessen indictment marks the first time in the 3-year-old DWI corruption investigation that federal prosecutors sought a grand jury indictment against a target.  Federal prosecutors had previously secured guilty pleas before announcing such cases.

Jessen is set for a Nov. 18 initial appearance in federal court.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/former-bcso-deputy-charged-in-dwi-corruption-scheme/3156294

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-bcso-deputy-indicted-in-connection-to-federal-dwi-corruption-investigation/

https://www.kob.com/new-mexico/former-bcso-deputy-indicted-in-dwi-deception-scheme/

HOW DWI ENTERPRISE BRIBERY AND DISSMISSAL SCANDAL WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward.  It went on for upwards of 3 decades. Arresting officers would give contact information on motorists they arrested for  DWI charges to private  investigator Carlos Mendez who worked for defense attorney Thomas Clear or to Clear himself. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews or court hearings. The officers would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

Police officers would intentionally fail to appear at required court hearings, withhold evidence or fail to file court paperwork for DWI offenders, some of whom were aware of the scheme and others who were not, who hired Clear.

Clear said during in his plea agreement that the scheme dated back to 1995. Clear admitted this in his plea agreement:

“Under this scheme, I would then appear at the (Motor Vehicle Division) administrative hearings and the criminal case settings on behalf of the DWI offender and would move to dismiss the proceedings”

Clear and his paralegal and co-conspirator Ricardo Mendez entered guilty pleas on charges of racketeering, among other federal charges. Clear and Mendez have been disbarred from the practice of law. Clear faces 130 years in prison. No one who has pleaded guilty in the case has been sentenced.

HUNDREDS OF DWI CASES DISMISSED

It has been reported that the 2nd Judicial District Attorney’s Office has dismissed over 260 DWI cases linked to the federal cases.  From January 2024 through June 2025,  sixteen officers were added to what’s called the Brady-Giglio List, a designation that deems them untrustworthy witnesses in court. As a result, two New Mexico district attorneys were forced to dismiss the officers’ open criminal cases in Bernalillo and Valencia counties. The two District Attorneys have had to dismiss 306 DWI cases against suspected drunk drivers.

https://www.krqe.com/news/investigations/dwi-dismissal-scandal-306-drunk-driving-cases-dropped-did-the-drivers-reoffend/

The bribery of law enforcement to dismiss DWI Cases is the single largest government corruption scandal in the City of Albuquerque’s and the State of New Mexico’s history involving the 3 largest law enforcement agencies in the state consisting of the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State police.

CHRONOLOGY 16 APD OFFICERS IMPLICATED, CHARGED OR PLEADING GUILTY

On August 31, 2026,  it was widely reported by Albuquerque news outlets that six additional, unidentified,  Albuquerque Police sworn officers have been placed on leave as part of an ongoing investigation into a decades-long scheme involving criminal defense attorney Thomas Clear III, his private investigator Ricardo “Rick” Mendez and defense attorney Rudy Chavez  who paid law enforcement to get DWI cases dismissed. APD spokesperson Gilbert Gallegos said  that APD is doing an internal investigation into the six officers, who were not named.

https://www.kob.com/new-mexico/six-more-apd-officers-on-leave-after-dwi-deception-investigation/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/apd-places-6-officers-on-leave-pending-investigation-into-former-dwi-unit/

https://www.koat.com/article/apd-places-6-officers-on-leave-as-part-of-dwi-investigation/73573369

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/apd-places-6-officers-on-leave-pending-investigation-into-former-dwi-unit/

In addition to the unidentified six APD officers implicated in the scandal, another nineteen (19) law enforcement officers have been identified by name and implicated and have resigned, retired, been terminated or federally charged or plead guilty to charges. The FBI executed five search warrants  in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Private Criminal  Defense Attorneys Thomas Clear and Rudy Chavez have plead guilty to federal charges and have been disbarred by the New Mexico Supreme Court and the Federal Court. Clear’s private investigator and paralegal Ricardo “Rick” Mendez also plead guilty to federal charges.

A total of 22 APD police officers have  been implicated with six not publicly identified by APD. Sixteen APD Police officers have been identified by name by APD in the corruption scandal by APD. One by one, the accused APD officers have turned in their badges and resigned or retired  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned. On January 20, 2026 Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”

On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)

On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.

On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)

On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.

On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.

On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, 2025 Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)

On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.

On October 16, 2024 Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.

On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.

On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.

In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable. On December 15, 2025, McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”

On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.

On March 24, 2024  APD  announced it  had placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit and become the DWI unit sergeant. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.

On June 26, 2025  APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘.  This is a listing  of officers who are no longer trusted witnesses in court. He was implicated in the DWI bribery and conspiracy case to dismiss cases. Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

The dates and names of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.

On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.

March 7^th, BCSO Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE OFFICER IMPLICATED

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases. Sgt.Toby LaFave was placed on paid leave as the agency did  its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and he was referred to as the DWI King. In in November 2025 LaFave was officially fired for his alleged role in the bribery scheme, but he has not yet been criminally charged.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

The link to a quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

DWI DISMISSAL SCANDAL SCORE CARD

To date, 13 people, including Clear and Mendez, have pleaded guilty to federal charges tied to the conspiracy. Over the last three years, federal prosecutors have secured guilty pleas from Clear, Mendez, attorney Rudy Chavez, nine Albuquerque Police Department officers and one Bernalillo County sheriff’s deputy. Other law enforcement officers, including one from the New Mexico State Police, have either been fired or retired. None have gone to trial, and all 13 defendants prosecuted on racketeering- and extortion-related charges are awaiting sentencing.

Nine APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to federal charges of taking bribes. Additionally, two Albuquerque defense attorneys, and one private investigator have plead guilty in the ongoing federal investigation into a nearly 30-year conspiracy in which a group of DWI officers received cash, free legal services and other benefits for helping get DWI cases dismissed.

NINE APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF HAVE PLEAD GUILTY AS CHARGED

The nine APD officers and one Bernalillo County Sheriff’s Office Deputy who have plead guilty to federal charges of taking bribes are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
2. On February 7, 2025 former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, 2025 former APD Officer Neill Elsman plead guilty as charged  to 5 counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. On March 24, 2025 former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On April 29, 2025 former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
6. On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it had placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit to become the unit sergeant.
7. On June 23, 2025 former APD Officer Louis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his employee  Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.” The maximum penalty is up to 20 years in prison and a fine up to $250,000.
8. On December 15, 2025, retired APD Officer Timothy McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
9. On February 25, 2025,  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
10. On January 20, 2026, former APD Lieutenant Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his private  investigator Ricardo “Rick” Mendez  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY

On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his  client’s drunken driving case dismissed. Chavez  plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.

In his plea agreement, Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case.  Chavez admits this in his plea agreement:

“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”

Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with  FBI agents, Chavez denied knowing Alba was not going to appear in court.

In his federal plea agreement, Chavez admits he lied to  FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez  admits  in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”

NO AGREEMENTS AS TO SENTENCINGS

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the federal judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge. Depending on the actual number of charges plead to by each defendant, they are facing jail sentences between 5 years and 20 years and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has beeb trashed to a major extent because of this scandal and the number of APD officers involved. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

The only way that any semblance of faith can begin to be restored and for people to begin trusting APD and law enforcement in general is if all the police officers involved in this scandal are held accountable, the lawyers involved are held accountable and when they are all behind bars. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Justice will not be served until all are sentenced. Sentencings delayed means Justice has not been served.

The courts need to get along with the sentencings.

The  link to a related blog article is here:

APD Places Another 6 Sworn Officers On Leave In DWI Dismissal Scandal; Additional Six Brings Total To 22 APD Police Officers Implicated in Scandal; Sentencing Dates Scheduled; Expect More Charges; COMMENTARY: Faith In APD Will Only BEGIN To Be  Restored When All Dirty Cops Behind Bars 

Following are the 2026 New Mexico General Election results in Federal congressional  races, Statewide offices and  in Bernalillo County as compiled and reported by the New Mexico Secretary of State:

UNITED STATES SENATOR

BEN R LUJAN   (INCUMBENT)

Democrat                63%            455,165

LARRY E MARKER

Republican             37%            265,557

TOTAL VOTES:                        720,722

https://www.abqjournal.com/news/lujan-wins-second-term-in-us-senate/3154396

U.S. HOUSE, NEW MEXICO DISTRICT 1

MELANIE ANN STANSBURY (INCUMBENT)

Democrat            64%         178,268

NDIDIAMAKA EKWUA CHARLENE OKPAREKE

Republican         36%        102,301

TOTAL VOTES:                  280,562

https://www.abqjournal.com/news/stansbury-wins-reelection-in-us-house-race-1/3154737

U.S. HOUSE, NEW MEXICO DISTRICT 2

GREGORY G CUNNINGHAM

Republican       41%          86,650

GABRIEL VASQUEZ (INCUMBENT)

Democrat         59%        123,113

TOTAL VOTES              209,763

https://www.abqjournal.com/news/vasquez-wins-third-term-in-new-mexicos-2nd-congressional-district/3154771

U.S. HOUSE, NEW MEXICO DISTRICT 3

TERESA LEGER FERNANDEZ (INCUMBENT)

Democrat    61%         139,967

MARTIN ZAMORA

Republican   39%       87,653

TOTAL VOTES            227,620

https://electionresults.sos.nm.gov/Default.aspx

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.abqjournal.com/news/leger-fernandez-wins-fourth-term-in-congressional-district-3/3154775

GOVERNOR AND LT. GOVERNOR

GREGGORY D. HULL AND DAVID M. GALLEGOS

Republican     43%       308,315

DEB HAALAND AND STEPHANIE GARCIA RICHARD

Democrat      57%        412,834

TOTAL VOTES           721,149

https://www.abqjournal.com/news/haaland-makes-history-bucks-state-trend-by-defeating-hull-to-become-new-mexicos-next-governor/3154673

SECRETARY OF STATE

AMANDA LÓPEZ ASKIN

Democrat     61%         433,163

RAMONA L GOOLSBY

Republican   39%       279,014

TOTAL VOTES         712,177

https://www.abqjournal.com/news/lopez-askin-wins-new-mexico-secretary-of-state-race/3155346

ATTORNEY GENERAL

RAUL TORREZ (INCUMBENT)

Democrat    63%     450,371

SAMUEL ISAIAH KANE SR

Republican  37%    265,517

TOTAL VOTES       715,888

https://www.abqjournal.com/news/torrez-wins-reelection-in-attorney-general-contest/3154913

STATE AUDITOR

JOSHUA JAMES RYAN LAWRENCE

Republican   40%    280,397

JOSEPH M. MAESTAS (INCUMBENT)

Democrat     60%     427,943

TOTAL VOTES        708,340

https://www.abqjournal.com/news/democratic-incumbents-cruise-to-victory-in-state-auditor-and-treasurer-races/3154755

STATE TREASURER

JAMES F ELLISON

Republican       40%     285,923

LAURA M MONTOYA (INCUMBENT)

Democrat         60%      423,445

TOTAL VOTES              709,368

https://www.abqjournal.com/news/democratic-incumbents-cruise-to-victory-in-state-auditor-and-treasurer-races/3154755

COMMISSIONER OF PUBLIC LANDS

MICHAEL JACK PERRY

Republican     39%      280,049

JUAN DE JESUS SANCHEZ III

Democrat      61%       430,427

TOTAL VOTES             710,476

https://electionresults.sos.nm.gov/Default.aspx

https://electionresults.sos.nm.gov/resultsSW.aspx?type=SW&map=CTY

https://www.abqjournal.com/news/voters-elect-sanchez-as-new-mexico-land-commissioner/3154810

BERNALILLO COUNTY

Bernalillo County Commissioner DISTRICT 1

BARBARA CHRISTINE BACA (INCUMBENT – UNOPPOSED)

Democrat        100%      36,980

TOTAL VOTES                 36,980

Bernalillo County Commissioner DISTRICT 5

THOMAS WAYNE RILEY

Republican      39%        21,877

ERIC OLIVAS (INCUMBENT)

Democrat      61%           33,833

TOTAL VOTES              55,710

https://www.abqjournal.com/news/commissioner-olivas-wins-reelection-to-district-5-as-stover-claims-victory-in-assessor-race/3154822

BERNALILLO COUNTY SHERRIFF

JOHN D ALLEN  (INCUMBENT – UNOPPSED)

Democrat     100%    165,768

TOTAL VOTES            165,768

BERNALILLO COUNTY ASSESSOR

MICHAEL RAY MAINE

Republican      33%    77,489

LINDA STOVER

Democrat        67%     159,653

TOTAL VOTES            237,142

https://www.abqjournal.com/news/commissioner-olivas-wins-reelection-to-district-5-as-stover-claims-victory-in-assessor-race/3154822

BERNALILLO COUNTY BOND MEASURES

All seven Bernalillo County Bond measures were approved by voters with landslide votes of YES of between 61% and 81%

https://electionresults.sos.nm.gov/Default.aspx

https://electionresults.sos.nm.gov/resultsSW.aspx?type=CTYSPEC&map=CTY&cty=02%20&name=Bernalillo

NOTEABLE STATE HOUSE RACES

New Mexico House Democrats have secured a supermajority of 47 seats who will again be lead by New Mexico Speaker of the House Javier Martinz.  There were no Senate races this year on the ballot.

In Southwest New Mexico, Republican Luis Terrazas was defeated by Democrat Raul Turrieta with a  53% to 47% final vote. Democrats Rickie Gonzalez of Los Lunas, Chriselle Martinez of Rio Rancho, Dave Mooney of Radium Springs and Raul Turrieta of Silver City defeated their incumbent Republican opponents. Winning Democrats also  included Sarah Boses of Galisteo, Abby Foster of Albuquerque, Yolanda “Pancha” Jaramillo of Dixon and Lori Martinez of Las Cruces.

CONSTITUTIONAL AMENDMENT FOR PAID LEGISLATURE

Constitutional Amendment 4 to allow pay to  New Mexico legislators limited to the median household income passed with a 63% YES vote (415,498 votes) to a 37%  NO vote (239,681 votes).

 https://electionresults.sos.nm.gov/resultsSW.aspx?type=SW&map=CTY

https://www.abqjournal.com/news/new-mexico-voters-approve-legislative-pay/3153847

COMMENTARY AND ANALYSIS

The historical significance of Deb Haaland being elected Governor of New Mexico and to become the first Native American woman ever elected governor in U.S. history is truly remarkable. Deb Haaland’s political journey from grassroots organizer, to Democratic party chairperson, to Congresswoman, to Interior Secretary appointed by President Joe Biden and to a nationally recognized figure and now New Mexico  Governor is truly remarkable as it is historical. The personal obstacles Haaland has overcome during her lifetime makes it clear she understands New Mexico and the needs of its people

It cannot be ignored that throughout the election process, much hostility, and outright racism was thrown at Deb Haaland on social media, especially by the Republican MAGA crowd, as they degraded and questioned her intelligence and competency despite her education, the positions she has held and her accomplishments. Governor Elect Haaland simply ignored the hate and racism as she campaigned as did the overwhelming majority New Mexico voters as she proved her critics wrong and won in a landslide. As we say in New Mexico “you done good!”

Thank you to all the voters who took their civic responsibility serious and who voted.  Congratulations and best wishes to all the victors. Now the hard part begins in making decisions that are in the best interest of our state and its people.

On Sunday, November 1, the Albuquerque Journal published two separate guest opinion columns on the Albuquerque City Council passage of city ordinances that eliminates formal city recognition of neighborhood coalitions and impacts appeals to prevent developments. The two opinion columns were submitted separately and unbeknownst to each other.

One opinion column was written by Albuquerque City Councilors Tammy Feibelkorn, and Stephanie Telles entitled “Local Neighborhoods should have the strongest voices.”  The other  opinion column was written by Pete Dinelli entitled “ Mayor, City Council sold out Albuquerque neighborhoods.”  Both columns do not exceed 600 words to conform with Albuquerque Journal policy. 

The headlines and accompanying photos were written and provided by the Albuquerque Journal. Read together, the columns complement each other and highlight major differences.  Many thanks to the Albuquerque Journal for publishing the articles together. Following are the unedited opinion columns with links followed by additional commentary:

HEADLINE: “Local neighborhoods should have the strongest voices”

BY:  Stepahnie Telles and Tammy Feiebelkorn

“Albuquerque families are priced out of neighborhoods where they want to plant their own roots. Young entrepreneurs and local business owners lack investment opportunities, yet they persist, and when they find ways to grow and reinvest into the communities they were raised in, their resilience is rewarded by coalitions blocking their ambition.

Seniors whose children have grown up and moved on can’t find housing that lets them downsize without being forced to leave the neighborhoods they’ve called home for decades. And our most vulnerable residents, people experiencing homelessness, are being swept from place to place because emergency shelters and safe outdoor spaces are blocked or shut down entirely, displacing people who have already been displaced.

 Burqueños ask us every day to do something about these challenges, begging us to work together, across political ideological lines, to find solutions. Yet when we answer that call and do exactly that, we’re accused of silencing neighborhood voices.

 Nothing could be further from the truth.

On Oct. 5, after working with the bill’s sponsor on a slate of amendments to address the concerns heard from coalition members, the City Council passed one of two critical measures: O-26-61. There is quite a bit of confusion about what the ordinance does, so we want to be clear. It does not disband coalitions, and it does not silence neighborhood associations or individual residents. And it does not remove anyone’s right to appeal.

 What it does is return recognition and focus on the neighborhood associations that residents make the choice to join directly. Since 2022, coalitions granted recognition could appeal projects in neighborhoods far from where their members actually live. In some cases, coalitions have presented themselves as speaking for entire neighborhoods, including residents and neighborhood associations, without demonstrating that those communities actually authorized them to do so.

Consider what that means. A neighborhood association or an individual resident could find an organization they have never joined, never consulted — and perhaps never even heard of — claiming to represent their interests. That organization could then use its recognized status to challenge a project affecting their community, even without evidence that the community asked it to speak on its behalf.

That is the problem this ordinance addresses.

 Residents should be able to choose who represents them. Neighborhood associations should be able to speak for their own members. Coalitions should be able to express their views and advocate for their priorities. But no organization should automatically be entitled to claim it represents people who have not chosen to be represented by it.

 As city councilors, we believe in democracy and that the democratic process should extend to any organization that claims to speak for anyone.

 The ordinance is about who has the right to speak for you and your neighborhood. The answer is simple: the people who live there. Whether it’s a family trying to stay in the neighborhood where they grew up, a local business owner investing in their community, a senior looking to downsize close to home or a shelter serving people in need, the people who live in that neighborhood should have the strongest voice in decisions affecting it. Neighbors — not outside interests — should determine what their community needs and what is best for its future.

Neighborhood associations and residents keep their voices and coalitions keep theirs, and every resident keeps the right to appeal. It simply draws a clearer line between advocating for a position and claiming to represent an entire community.

 Democracy begins with the people. In Albuquerque, that means the people who live in our neighborhoods must have the right to speak for themselves.”

Stephanie W. Telles represents District 1 and Tammy represents District 7 on the Albuquerque City Council.

The link to read the published Albuquerque Journal column is here:

https://www.abqjournal.com/opinion/opinion-local-neighborhoods-should-have-the-strongest-voices/3141274

HEADLINE: Mayor, City Council sold out Albuquerque neighborhoods

BY: Pete Dinelli

The Albuquerque City Council has enacted four measures misleadingly labeled the Better Neighborhoods package. The legislation was passed under the guise of cutting red tape to allow development projects. The Better Neighborhoods package consists of two ordinances and two memorials. The two ordinances make dramatic changes to the Neighborhood Association Recognition Ordinance and severely limit the rights of appeals to stop developments. The two memorials request the New Mexico Legislature to define who has standing and the right to appeal developments and mandates direct and costly appeals to the courts.

The most egregious of the four measures is O-26-61. This ordinance eliminates formal city recognition of neighborhood coalitions and eliminates automatic development notices to them. It eliminates the requirement for developers to act in good faith and to cooperate with the very neighborhoods they want to develop in. O-26-61 strips standing from neighborhood coalitions to appeal developments. It requires neighborhood associations to redraw boundaries, adding extensive appeal conditions. Loss of city recognition of neighborhood coalitions means loss of notification to individuals and neighborhoods that are likely to be harmed by any development. Thirteen neighborhood associations will now lose city recognition or will have to kick out their county neighbors as members.

Ordinance O-26-61 was introduced and moved forward within two weeks for a full council vote without a committee hearing and no community discussion. It passed on a 5-4 vote. Voting “yes” were Republican councilors Dan Lewis, Dan Champine and Renee Grout and Democrats Stephanie Telles and Tammy Fiebelkorn. Voting “no” were Democratic City Council President Klarissa Peña, Democratic councilors Joaquín Baca and Nichole Rogers and Republican Brook Bassan. Mayor Tim Keller signed O-26-61 into law, falsely arguing that neighborhood coalitions were legally representing neighborhood associations without their consent.

Also last month, the Albuquerque City Council approved ordinance O-26-60, which increases fees for appealing certain projects. The ordinance increases the filing fees to $300 for anyone appealing a development application that was denied, and $1,000 for appealing an approved project.

The two memorials sponsored by Lewis and enacted by the council do not officially end Albuquerque’s Home Rule authority, but they do undercut the “quasi legal” review process for appeals within the city. By inviting the state Legislature to alter the process of zoning appeals, the city is clearing the way for fast-tracked developments. It makes it much harder, and far more expensive, for regular people to have a voice in how their neighborhoods develop.

The Better Neighborhoods package benefits the development, real estate and investment community to the determent of established neighborhoods. It will have a major impact eliminating the rights of neighborhood coalitions to challenge developments. When a new apartment complex or commercial development is proposed in neighborhoods that will have a detrimental impact on the neighborhood, especially historical or established neighborhoods, individual property owners often look to neighborhood coalitions to help appeal or challenge the projects because the individuals do not have the financial resources of their own to oppose developers.

Passage of the Better Neighborhoods package within two weeks of its introduction and without public hearings was underhanded. It continues with the City Council’s dangerous practice of amending the city’s zoning laws prohibiting or limiting extensive public input.

Passage of the Better Neighborhoods package is an effort to deconstruct guardrails and protections. It marginalizes the voices of neighborhoods and city residents. Passage of the Better Neighborhoods package was a sellout by Keller and the Albuquerque City Council of the citizens of Albuquerque, property owners and neighborhood associations and coalitions in favor of the development community.

Pete Dinelli is a former Albuquerque city attorney and chief public safety officer.

The link to read the published Albuquerque Journal column is here:

https://www.abqjournal.com/opinion/opinion-mayor-city-council-sold-out-albuquerque-neighborhoods/3149980

COMMENTARY AND ANALYSIS

City Councilors Stepahnie Telles and Tammy Feiebelkorn and Mayor Tim Keller falsely claim that Neighborhood Coalitions are representing neighborhood associations without individual neighborhood association consent to appeal developments. The truth is neighborhood associations are not required to join neighborhood coalitions. They can withdraw at any time they want for any or no reason at all. Neighborhood coalitions by laws govern appeals and mandate a vote and neighborhood association representatives have every right to vote NO on any appeal and cease membership because they disagree with an appeal.

Both city councilors falsely argue that the legislation will lead to more affordable housing and types of housing. It will not. It removes rights to appeal developments that will have direct impact on established neighborhoods and in all likelihood lead to gentrification. The legislation will have no impact on affordable housing and it contains no provisions mandating affordable housing. The only thing the legislation does is to stifle public opinion and prevent appeals in order to allow developers to do what they want.

The  very real consequences of passage of O-26-61 are clear and are as follows:

• Thirteen neighborhood associations will either lose recognition or have to kick out their county neighbors as members.
• Loss of recognition equals the loss of notification to those individuals and neighborhoods that are likely to be harmed by the development.
• It removes the requirement for developers to act in good faith and to cooperate with the very neighborhoods they chose to develop.

A DEGREE OF HYPOCRISY EHIBITED

Both self proclaimed progressive Democrats Tammy Feibelkorn and Stephanie Telles admit in their column they “worked closely with the bill’s sponsor”  MAGA Republican Dan Lewis to get the legislation passed. They  revealed an extraordinary hypocrisy in favor of investors and developers. On the one hand they both say they want affordable housing and development, yet the legislation does nothing to guarantee it but stifles opposition. Both Feibelkorn and Telles wanted the legislation to pass in the dark of night believing that no one was paying attention, yet they say neighborhood coalitions are not “democratic.”

It is downright hypocritical for Feiebelkorn and Telles say “they believe in democracy and that the democratic process should extend to any organization that claims to speak for anyone.” The democratic process does not include suppressing opposition,  denying people’s right to free speech, denying due process of law, denying the right to appeal grievances and infringing on people’s vested property rights as the ordinances and memorials they support and voted for actually represent.

Feiblekorn in particular falsely holds herself out as Progressive Democrat and advocates for progressive causes. The truth is she promotes the interests of the real estate, investment and development communities. A few years ago she literally gave a guided tour of her city council district in a bus full of developers as she stood in front of the bus with a microphone in hand beside the driver to provide a narrative and to show off properties and neighborhoods where development could occur in her city council district.

Feiblekorn does not act in the best interests of her own constituents and voters.  Feiblekorn ignores real property rights of homeowners and she promotes her own personal agenda. She has degraded neighborhood associations and coalitions to their faces during their meetings telling them they are not representative of the best interests of her district even though they are her constituents as she proclaims she knows best.

Feiblekorn and Telles both have bought into the false narrative that increasing density in established neighborhoods will somehow create affordable housing and allow for needed commercial development when it will not. Market forces will prevail and developers will build only what will make a profit. Feiblekorn and Telles both ignore the millions, if not billions of dollars, that are already being spent and  invested by the city and state to build and address affordable housing.

A  SIGN OF THINGS TO COME

Simply put, the enacted ordinances and memorials are the very first step in seeking the 2027 New Mexico Legislature to repeal all the city zoning laws and home rule authority during the 2027 legislative session in the interest of promoting affordable housing.

During the  October 5 City Council meeting, West Side State Sen. Antonio “Moe” Maestas appeared at City Council and spoke in support of the measures. Maestas  said City Council memorials M-26-01 and M-26-02 will help him advance city zoning reform in Santa Fe which he has advocated for to increase affordable housing.

It was during the 30-day session of the 2026 New Mexico Legislature that Senate Bill 131 was introduced and  sponsored by Democrat Senators Antonio “Moe” Maestas and Heather Berghmans. Senate Bill 131 would have repealed and eliminated all real property zoning authority and regulation authority from local governments, including all municipal governments, including Albuquerque, and county governments and mandate a uniform statewide zoning to require more residential development in an effort to increase affordable housing. The legislation was voted down in committee. Notwithstanding, it is expected the failed legislation will be introduced during the 2027 legislative session.

During the 30-day session of the 2026 New Mexico Legislature, Fiebelkorn testified during the legislative committee hearing that she “strongly” supported Senate bill SB-131 that would have repealed and eliminated all zoning authority of the City of Albuquerque. Her testimony prompting one legislator to express dismay that and elected city official was advocating repealing the city’s zoning authority and laws.

It is a false narrative that increasing density in established neighborhoods will  create affordable housing or allow for needed commercial  development when it will not. Market forces will prevail and developers will build high end housing to make a profit and not build affordable housing. It is a false narrative that increasing density in established neighborhoods will somehow create affordable housing and allow for needed commercial development when it will not. Instead, it will lead to gentrification as investors buy up established neighborhoods or historical neighborhoods to develop into high end housing. Market forces will prevail and developers will build to make a profit and not build affordable housing. What is totally ignored with proposing to change zoning law is the millions, if not billions of dollars, that are already being spent and  invested by the city and state to build and to address affordable housing.

CITY COUNCIL REPEAL“BETTER NEIGHBORHOODS” PACKAGE

The four City Councilors who voted “NO” to enact O-26-61 were Democrat City Council President Klarissa Peña, Progressive Democrats Jaquin Baca and Nichole Rogers and Republican Brook Bassan. One or all 4 should take immediate steps to repeal O-26-61 and the “Better Neighborhoods” package by sponsoring and introducing a resolution or ordinance repealing the legislation and demanding public hearings before the City Council’s Land Use and Planning committee to allow the public sufficient time weigh in and to avoid the  two week rush job that came with enactment of O-26-61.

Contact your City Councilor and tell them to repeal O-26-61 and protest the underhanded way it was enacted.

CITY COUNCIL CONTACT INFORMATION

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCILOR AND SUPPORT STAFF EMAILS

stelles@cabq.gov

stephenchavez@cabq.gov

joaquinbaca@cabq.gov

bacajoaquin9@gmail.com

namolina@cabq.gov

kpena@cabq.gov

cquezada@cabq.gov

bbassan@cabq.gov

dawnmarie@cabq.gov

danlewis@cabq.gov

galvarez@cabq.gov

nrogers@cabq.gov

district6@cabq.gov

tfiebelkorn@cabq.gov

seanforan@cabq.gov

dchampine@cabq.gov

eromero@cabq.gov

rgrout@cabq.gov

rrmiller@cabq.gov

ipadilla@cabq.gov  (Director of Council Services)

mmmontoya@cabq.gov (Council Clerk)

The links to two related blog articles are here:

City Council Removes Formal Recognition, Standing For Neighborhood Coalitions And Eviscerates Coalitions On A 5 to 4 Vote; Council Asks Help From Legislature To Remove City Authority Over Zoning; COMMENTARY: Mayor Keller Should Veto Or City Council Should Immediately Repeal O-26-61 Denying Recognition Of Neighborhood Coalitions

Loretta Naranjo Lopez Guest Column: Mayor Tim Keller And City Council Betrayed And Disenfranchised Neighborhood Associations, Coalitions, Citizens And Voters To Empower Developers And Investors To Detriment Of City; City Council Must Repeal Enacted City Ordinances And Memorials