On December 15, 2025, former Albuquerque police officer Timothy McCarson, plead guilty to a one count federal charge of  “conspiracy to commit interference with commerce by extortion under color of official right” before a U.S. magistrate judge in Albuquerque. McCarson was released on his own recognizance pending sentencing, which hasn’t been set. McCarson’s guilty plea is the first new court activity in over 5 months in the  scandal since criminal defense attorney Rudy Chavez plead guilty in July.

In 2022, Timothy McCarson retired from the Albuquerque Police Department after 16 years with the Albuquerque Police Department. 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.

McCarson worked in the APD’s DWI unit for 11 years, receiving an award from Mothers Against Drunk Driving (MADD) Organization for Outstanding Enforcement Officer of the Year in 2019. McCarson also served as an APD drug recognition expert

McCARSON PLEA AGREEMENT

In his plea agreement, McCarson admits his participation in the DWI dismissal scheme began in 2015.  He admits he received cash and non-cash rewards, such as Christmas gifts, to agree not to perform his duties on a particular offender’s case.

In one case, McCarson admits he received $5,000 after dropping a DWI case against one defendant he had arrested after a DWI-related crash. McCarson didn’t take the suspect immediately into custody because the individual was hospitalized with injuries related to the crash. But he never filed the charges in court.

In a second case, McCarson  admits he received money from attorney  Clear and paralegal Mendez and for not appearing at the criminal trial and MVD hearing for a defendant he arrested at a sobriety checkpoint in August 2015. In that case, he admits the defendant in the case “is the uncle of an APD Conspiring Officer and that the APD Conspiring Officer asked Mendez to offer me a bribe in exchange for not appearing as otherwise required.”

The court records in McCarson’s case, and all others who have pleaded guilty, do not  say how much money each collected from participating in the scheme, which began in the mid-1990s.  According to research done by KOAT TV Target 7,  McCarson arrested 26 people who would be represented by Clear, and 14 of those cases would be dismissed. If McCarson was paid a bribe of  $5,000 for each case dismissed, he would have made around $70,000.

Many of the DWI officers were paid thousands of dollars of overtime pay for responding to drunken driving calls. The city’s list of the top 250 highest paid city hall employees in 2015 lists McCarson as the 9th highest paid city employee in 2015 and earning $136,114 that year.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/retired-albuquerque-officer-guilty-dwi-scheme/69810457

https://www.abqjournal.com/news/retired-apd-officer-enters-plea-in-dwi-bribery-scandal/2942898

HOW DWI ENTERPRISE 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. Arresting officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews and scheduled court hearings. They would also withhold evidence in cases where the suspects hired defense attorney Clear. Clear would then file motions to dismiss the charges. Judges would dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Defendants whose cases were dismissed would typically pay more in legal fees of $5,000 to  $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.

On February 12, 2025 DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear admits in his Plea Agreement that for nearly 30 years he led the criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office. According to Clear’s plea agreement, prior to 2022, Clear and his investigator Ricardo “Rick” Mendez would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution.

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

Eight APD officers and one Bernalillo County Sheriff’s Office Deputy have  plead guilty to federal charges of taking bribes. They 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  has  placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

 

7. On June 23, 2025 former APD OfficerLouis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his paralegal 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.)

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his 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 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.”

TWENTY LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED

Twenty (20) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of private investigator Ricardo “Rick” Mendez  and the law offices of DWI defense attorney Thomas Clear III.  Sixteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

16 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

During the past year, a total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  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:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned.

 

2. 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.)

 

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

 

4. 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.

 

5. 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.)

 

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

 

7. 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.

 

8. 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.)

 

9. 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.

 

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

 

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

 

12. 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.

 

13. 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.”

 

14. 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.

 

15. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.

 

16. On March 24, 2024the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

 

17. On June 26, 2025 it was reported that former 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‘ 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 names and dates of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

1. 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.

 

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

 

3. 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

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 was referred to as the DWI King. LaFave was officially fired for his alleged role in November, 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/

NO AGREEMENTS AS TO SENTENCINGS, NO ONE SENTENCES

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the 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 could be facing jail sentences from between 20 years to and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

To date, none of the defendants who have plead guilty have been sentenced and the  sentencings that were scheduled have been vacated by the courts which has lead to wide ranging speculation as to what is going on with the case. Speculation includes that the investigation has hit problems that make it impossible to complete the investigations of individuals or that other evidence still needs to be gathered against much larger targets in the three agencies that have been implicated.

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. 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 be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. 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 charged and sentenced.