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.koat.com/article/albuquerque-apd-chief-medina-crash-settlement/74392273
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/
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:
- Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
- 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.
It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:
- 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.
- 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.
- 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:
- 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;
- Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
- 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
- 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.