On July 22, U.S. District Judge James Browning of Albuquerque, in an 104-page ruling, refused to grant a Temporary Restraining Order (TRO) barring enforcement of New Mexico’s new 7 day waiting period for purchasing firearms in New Mexico. Judge Browning sided with attorneys for Gov. Michelle Lujan Grisham and state Attorney General Raùl Torrez and ruled against two-gun owners who contended the state’s Waiting Period Act violated their Second Amendment right to bear arms. The National Rifle Association (NRA) and Mountain States Legal Foundation, an advocacy group for gun rights, filed the lawsuit on behalf of the two New Mexico residents, citing concerns about delayed access to weapons for victims of domestic violence and others. The US Supreme Court in June upheld a federal gun control law that is intended to protect victims of domestic violence. Judge Browning’s ruling follows a hearing held on the TRO in June.

The new law establishes a statewide 7-day waiting period for the purchase of firearms, double the current waiting period required by the federal government. The Waiting Period Act makes it a misdemeanor to buy or sell a firearm before the required waiting period.  The law provides for   exemptions for concealed carry permit holders, Federal Firearms Licensees, and transactions between law enforcement officers, law enforcement agencies, and immediate family members. Proponents say the law closes a loophole allowing guns to be sold before a buyer’s federal background check has been returned.

The 7 day waiting period was enacted during the 2024 New Mexico legislative session.  It was on February 12, 2024 that the New Mexico State Senate passed House Bill 129, Firearm Sale Waiting Period Crimes, on a 36-32 vote after the House passed amended legislation. On March 4, Governor Michelle Lujan Grisham signed the legislation into law and it went into effect April 15. A gun owner from Albuquerque joined a Farmington woman who owns guns in filing the lawsuit on April 15, the day the law went into effect. Their attorneys argued in part that in order to keep and bear arms, a prospective gun owner needed to acquire the firearm in the first place and therefore purchasing a gun was covered by the Second Amendment United States Constitution providing for the right to bear arms. Ultimatley,  Judge Browning found their arguments “unpersuasive.”

Browning denied the NRA’s effort to secure a TRO on three grounds:

1. That the case would not succeed on its merits because the Second Amendment does not cover firearm sales.  The waiting period is not “presumptively Unconstitutional” because it is a condition or qualification on firearm commercial sales and the waiting period is “consistent with the Nation’s historical tradition of commercial firearms regulations, which licensed and prohibited the sale of firearms to sections of the populace out of a concern that a purchaser might use the firearm to harm the public.”
2. The NRA and it’s fellow plaintiffs did not show Browning that “they are likely to suffer irreparable injury if the Court does not temporarily enjoin the Waiting Period Act… and the harm that they stand to suffer should they seek to purchase another firearm is slight.”
3. That the plaintiffs did not “establish that the balance of the equities weighs in their favor nor that an injunction is in the public interest, because the Plaintiffs’ interest in purchasing a firearm without delay is minimal compared to the public’s interest in keeping the Waiting Period Act in effect.”

EVIDENCE PRESENTED AND COURT’S LEGAL ANALYSIS

During the TRO hearing to prevent the state from enforcing the new law, experts on the history of guns in America testified on both sides.  The 7 day waiting period was presented as a way to curb impulsive gun violence, such as suicides, and address New Mexico violent crime rates.

Judge Browning found that while gun-related deaths in the United States were higher in 2022 than in any other year on record, he found “the situation is worse” in New Mexico with gun death climbing significantly in the last few years. Judge Browning wrote the age-adjusted gun death rate increased by 87% between 2010 and 2021.  Judge Browning found that “The Defendants adduce significant evidence that waiting period laws may help reduce this tidal wave of gun violence.”  The judge noted that testimony given during the hearing that the Waiting Period Act is likely to save about 37 lives per year.

Browning wrote in part:

“On balance … the harm that the Defendants stand to suffer if the Court were to enjoin the Waiting Period Act — the loss of New Mexican lives — significantly outweighs the Plaintiff’s threatened injury. Moreover, the public’s interest in the preservation of dozens of New Mexican lives cannot be understated.”

Browning wrote that having to wait 7 days, as required by the new law, to purchase a handgun is “minimally burdensome” on the plaintiffs’ ancillary right to acquire firearms.  Browning wrote the waiting period is a “commercial firearm regulation” that is “presumptively Constitutional.”

Although the lawsuit challenging the law is still pending, Judge Browning found the plaintiffs are not likely to succeed on the Second Amendment claims which was a major factor in his ruling to deny a temporary restraining order or preliminary injunction. Browning wrote this:

“The central question the Court must address here is whether the right … to keep and bear Arms’ encompasses the right to obtain firearms. … In concrete terms, the Waiting Period Act does not limit an individual’s ability to keep firearms in their home nor carry those firearms with them in public for self-defense.”

According to the ruling, to obtain a temporary restraining order or preliminary injunction, a plaintiff must also make “a clear and unequivocal showing it will likely suffer irreparable harm absent preliminary relief”.  Judge Browing wrote that waiting a week to buy a handgun “is insufficient to qualify as irreparable harm.”  Browing added that “there is divergence of opinion among United State District Courts regarding whether the Second Amendment’s plain text includes only a right to keep and bear arms, not a right to buy them.”  The Ninth Circuit Court and the 5th Circuit Court appellate courts found that right didn’t cover “the conduct of purchasing a firearm”.

Judge Browning wrote in part:

“… [T]he Court concludes that the Plaintiff’s Second Amendment Claims fails because it doesn’t cover the conduct of purchasing a firearm. … The Supreme Court has repeatedly instructed that the ‘most important rule in constitutional interpretation is to heed the text — that is, the actual words of the Constitution — and interpret that text according to its ordinary meaning as originally understood. …  Today and in 1791, the normal and ordinary meaning of ‘keep’ is to possess and the normal and ordinary meaning of ‘bear’ is to carry. … [The historical understanding of the Second amendment] provides further confirmation that the Second Amendment was not drafted to protect the right to purchase arms.”

According to the Giffords Law Center to Prevent Gun Violence, only three states have longer waiting periods:  California, Hawaii and Washington, along with the District of Columbia — that range up to 14 days. Rhode Island also has a seven-day waiting period.

GOVERNOR MICHELLE LUJAN GRISHAM REACTS

New Mexico Gov. Michelle Lujan Grisham applauded the ruling as an indication that the waiting period is constitutional and will be able to remain in effect. Lujan Grisham issued the following statement on Browning’s decision:

“The judge’s decision confirms that New Mexico’s waiting period is likely constitutional and allows it to remain in effect. … This 7-day cooling-off period makes our community safer by providing a critical buffer against impulsive firearms purchases and ensuring comprehensive background checks are completed. This law is a commonsense measure designed to reduce impulsive gun violence and address a federal background check gap.”

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

https://www.krqe.com/news/politics-government/federal-judge-upholds-new-mexicos-gun-waiting-period-law/

https://www.koat.com/article/new-mexico-gun-waiting-period/61687266

https://www.abqjournal.com/news/nm-federal-judge-refuses-tro-on-gun-waiting-period/article_e7f0614e-487a-11ef-817a-3f661ac0f1dd.html

https://nmpoliticalreport.com/quick-reads/federal-judge-upholds-firearm-waiting-period-requirement/

COMPREHENSIVE REPORT ON GUNSHOT VICTIMS

Simply put, New Mexico is  suffering a major crisis when it comes to gun violence and gun deaths. Judge Browning was very insightful and absolutely correct when he found that while gun-related deaths in the United States were higher in 2022 than in any other year on record, “the situation is worse” in New Mexico with gun death climbing significantly in the last few years.

New Mexico’s  gun violence crisis was laid to bear for all to see on September 28, 2023 when  the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023. The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report are as follows:

INCREASE IN FIREARM-RELATED DEATHS

• Over the past two decades, New Mexico’s firearm death rates rose from 7^th highest nationwide in 1999 to 3^rd highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
• While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

DEMOGRAPHIC AND GEOGRAPHIC DISPARITIES

• Men of all age groups were found to be at highest risk for firearm-related injuries and deaths.
• Racial/ethnic inequities: Non-Hispanic American Indian, Non-Hispanic Blacks, and Hispanics, experienced substantial increases in firearm injury death rates between 2017 and 2021.
• The Northeast and Metro Health Regions experienced a substantial increase in firearm injury emergency department (ED) visits over the past two years (Northeast: +30%; Metro: +22%).

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred to the operating room.

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

• Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
• Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LOADED AND UNLOADED FIREARMS AS RISK FACTOR FOR FIREARM INJURY AND DEATH

• In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

RISING ECONOMIC IMPACT OF FIREARM INJURY TO NEW MEXICO HEALTHCARE SYSTEM

• The annual estimated overall cost of firearms injuries and deaths in New Mexico is $6 billion or $2818 per capita.
• Medicaid claims for firearm injuries in New Mexico increased by 85% from $6.5 million in 2018 to $12 million in 2022 (Figure 12).
• Between January 2023 and September 2023, Medicaid expenditures totaling $5.6 million have been spent on firearm injuries in New Mexico.
• Medicaid was the primary payer for 76% of gun injury hospital discharges in 2022 In 2021, the Department of Health with support of the CDC, developed a Statewide Strategic Plan for the Prevention of Firearm Injury (FASTER Report FINAL (unm.edu)) which is an important supplement to this document. Demographic Data on Firearm Injury.

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes for gunshot victims reveals a concerning picture:

SEVERITY OF INJURIES

• Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
• The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
• There has been a concerning 61% increase in gunshot injuries that required surgical interventions
• New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
• New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020:

TYPE OF FIREARM IN DEATHS

• Handguns were implicated in 77% of violent firearm-related deaths (Figure 6).
• Rifles and shotguns were involved in 7% and 6% of such incidents.

COMMON FIREARM MANUFACTURERS IN DEATHS

• An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
• Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

• The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
• Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

NUMBER OF VIOLENT CRIMES IN NEW MEXICO

According to FBI statistics, the number of violent crimes in New Mexico for the last 11 years has been reported as follows:

• 2012: 11,660
• 2013: 12,990
• 2014: 12,465
• 2015: 13,672
• 2016: 14,585
• 2017: 16,300
• 2018: 17,637
• 2019: 17,302
• 2020: 16,393
• 2021: 17,373
• 2022: 16,494

According to data released by the New Mexico Department of Health and the Centers for Disease Control and Prevention, from 2010 to 2021, the age-adjusted death rate from firearms rose by 87%. In the same time span, New Mexico rose from the 7th to the 3rd highest rate of firearm deaths in the country.

Overall, there was a 34% increase in overall firearm fatalities from 2018 to 2021, with a 70% increase in homicides with a firearm in the same time period.

Not only has death from firearms in New Mexico increased, but so have injuries related to firearms. From 2018 to 2022, the rate of people visiting the emergency room from firearm related injuries rose 35%.

According to the latest stats from the FBI, there were 11,550 instances of shoplifting In New Mexico. It’s a trend that’s been increasing since 2018.

FIREARM INJURY – EMERGENCY ROOM VISITS

Emergency room firearms injuries are on the uptick in New Mexico  and are reported as follows for 5 years of available data:

• 2018: 968
• 2019: 914
• 2020: 1,129
• 2021: 1,263
• 2022: 1,306

 https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

Following the death of a child near Isotopes Park in 2023, Governor Michelle Lujan Grisham issued a public health order that was aimed to reduce gun violence. Data released by the governor’s office from September 2023 – March 2024 is as follows:

• TOTAL ARRESTS: 7,649
• FELONY ARRESTS: 4,701 (61.46%)
• MISDEMEANOR ARRESTS/ WARRANTS:  2,948 (38.54%)
• FIREARMS SEIZED: 614
• TRAFFIC CITATIONS: 9,669

COMMENTARY AND ANALYSIS

Given New Mexico’s gun culture and the crisis in gun violence crimes occurring in the State, the significance of Judge Browning granting the Temporary Restraining Order and allowing enforcement of the 7-day waiting period cannot be understated. It will make a difference and it will save lives. The seven day waiting period is the first step in reducing the proliferation of guns in a state that is suffering a crisis in gun violence.

Notwithstanding, much more must be done by the New Mexico legislature to curb and reduce the proliferation of guns in the state of New Mexico to reduce gun violence. Historically, most gun control legislation has failed over too many years in the legislature.  In the last two years there have been 4 major times where responsible gun control measures have past the New Mexico legislature:

1. The 7-day waiting period.
2. The Bennie Hargrove Gun Safety Act making it a crime to store a firearm in a way that negligently disregards the ability of a minor to access it.
3. Prohibiting the buying a firearm for another person who is legally banned from purchasing it on their own.
4. Prohibiting the carrying a firearm within 100 feet of a polling place during an election.

Notwithstanding the 4 measures past, they are still baby steps in the right direction and far more must and can be done.

The July 18 Special Session of the New Mexico legislature that the governor convened for public safety was a total bust with the legislature refusing to enact any of the legislature she wanted. There was a failure of leadership by the governor and legislatures to reach a consensus on the legislation with the argument made that the legislation was too complicated to be handled in a special session.

If Governor Lujan Grisham and the New Mexico Legislature are truly concerned about the New Mexico’s violent crime crisis, both need to regroup and take and even more aggressive approach as they prepare for the 2025 New Mexico legislative session. They should take the next 6 months and work on building a consensus on the enactment of “Omnibus Violent Crime Sentencing And Gun Control Act.”

The message that must be sent out loud and clear by our elected officials to violent criminals is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with enhanced sentencings. Also, the availability and proliferation of guns must be recognized as a big part of the state’s violent crime problem.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

As was originally proposed for the Special Session, strengthen penalties for a felon convicted of possessing a firearm, making the crime a second-degree felony, punishable by a minimum of nine years in prison.

As was originally proposed for the Special Session, enact the changes proposed to the mental health commitment process and include funding for mental health facilities and services to create a statewide mental health court for mandatory  civil mental health commitment hearings.

Allow firearm offenses used in a drug crimes to be charged separately with enhance sentences.

Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.

Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is brandishing  of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first-degree felony mandating a life sentence.

Update the Children’s Code to deal with charges, increasing penalties and prosecutions of minors as adults as consequences of children using firearms in the commission of violent crimes and aggravated assaults with use of deadly weapon.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include the legislation that failed in the 2023 legislative session.  That would  include  an assault weapons ban lawfully regulating the manufacture, possession and sale of weapons of war, most often the gun used in mass casualty events and  prohibiting guns in parks and playgrounds making  it illegal to carry a firearm in county or municipal parks, playgrounds, and their accompanying parking lots.

Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others?

Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a second-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.

Prohibited magazines with more than 10 rounds.

Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.

Expand the  14-day waiting period for the purchase of any firearm and requiring  a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.

Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.

Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.

Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

CONCLUSION

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enact reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase and the calling Special Sessions a waste of time.

During the 30 day 2024 New Mexico Legislative session that ended February 16, the legislature passed Senate Bill 87 which allows retired law enforcement officers to return to work in law enforcement without affecting their pension. Beginning July 1, 2024,  the Albuquerque Police Department (APD) is encouraging retired law enforcement officers to return to work that retired prior to December 31, 2023 and have been retired for at least 90 consecutive days.

In July 2023, Mayor Keller and Chief Harold Medina announced the longevity pay incentive to help recruit more officers. Return to work officers will begin at $31.89 an hour for their first year back including longevity pay.  After one year of probation is completed, officers will receive title and pay based on years of service for the longevity incentive.

Salary including the longevity incentive is as follows:

• $60,008.00 a year as a cadet
• $62,982.40 a year for first year of service
• $74,692.80 a year for 1 to 4 years of service
• $80,002.00 a year for 5 years of service
• $80,678.00 a year for 6 years of service
• $83,408.00 a year for 7 to 9 years of service
• $85,462.00 year 10 to 12 years of service
• $86,840.00 year 13 to 14 years of service
• $90,708.80 year 15 years of service
• $93,438.80 year 16 to 17 years of service
• $97,520.80 year 18+ years of service

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

https://www.aol.com/apd-launch-program-aimed-bringing-030100000.html

https://www.koat.com/article/albuquerque-police-rehire-program-retired-officers/60942339

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-launch-program-to-bring-back-retired-officers/

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

POLICE LONGEVITY PAY

It was on July, 14 2023, the Mayor Tim Keller Administration announced the “longevity pay” for APD sworn police officers as part of a two year negotiated APD Union Contract.  APD sworn qualify for longevity pay in their fifth year of service. Under the police union contract terms, longevity pay starts at $2,730 per year and increases to a whopping  $16,380 annually for those who have served 17 or more years. The longevity pay scale bi-weekly annual amounts are as follows:

Beginning Year 5 through 5, $105 paid bi weekly, $2,730 annually
Beginning Year 6 through 6, $131 paid bi weekly, $3,406 annually
Beginning Year 7 through 9, $236 paid bi weekly, $6,136 annually
Beginning Year 10 through 12, $315 paid bi weekly, $8,190 annually
Beginning Year 13 through 15, $368 paid bi weekly, $9,568 annually
Beginning Year 16 through 17, $473 paid bi weekly, $12,298 annually
Beginning Year 18 and above, $630 paid bi weekly, $16,380 annually

 https://www.cabq.gov/humanresources/documents/apoa-jul-9-2016.pdf/view

RETENTION PAY BONUSES

It was on October 7, 2022 that APD announced retention  pay  bonuses for  police officers who have been on the force 19 years or more,  and who are eligible for retirement.  They are paid as  much as $18,000 more per year, or $1,500 more a month.   In addition, the department pays 100% of the officers’ medical benefits.  In addition to $18,000 more a year in incentive pay to 19 year veterans, police officers with 18 years or more of police service are paid  $16,380 annual longevity pay resulting in a combined  $34,380 of incentive pay and longevity pay in one year

PERFORMANCE BASED BUDGET

The entire City of Albuquerque budget is what is referred to as a performance-based budget. The City’s budget is formulated in two parts: 1. A financial plan and 2. Performance plan.

The Financial Plan is organized by department budgets and funds, and program strategy. Funds are groupings of related accounts that are used to maintain control over resources that have been segregated for specific activities.

The Performance Plan is organized by goals, desired community conditions, and program strategy. A goal is a long-term result that is further defined by desired community conditions that would exist if the goal were achieved.

https://www.cabq.gov/dfa/budget

When it comes to the Albuquerque Police Department (APD), statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

The performance measures are absolutely critical in order for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

APD’S PERFORMANCE BASED BUDGET

The Albuquerque Police Department (APD) continues to be the largest funded department budget and it is about a fifth of the total General Fund Operating Budget. The Fiscal Year 2025 General Fund budget for the Albuquerque Police Department is $271.5 million, which represents an increase of 5.2% or $13.4 million above the Fiscal Year 2024 budget.  1,840 full time positions will be funded which includes funding for 1,010 sworn police positions.

The budget includes full funding for 1,010 sworn police officers which is identical to last year. However, the city has yet to hit its goal of 1,000 sworn police.  APD had 856 sworn officers last year and this year the highest number achieved was a 880 sworn police officers in the department and 50 cadets are currently going through the police academy.

The 2024-2025 approved budget includes the following specific funding:

• Funding for 1,010officers positions across the Albuquerque Police Department, including, with an increase in Police Service Aides and civilian support staff, with a targeted total of 1,100 sworn police
• $22 million for the use of crime-fighting technology through the Real-Time Crime Center and the APD Crime Lab
• $800,000 is allocated for support for the Office of the Superintendent of Police Reform and the Independent Monitoring Team for federal oversight and consent decree related expenses so that APD can reach reform goals.
• Funding for the Automated Speed Enforcement program, including hearing officers.

PERFORMANCE MEASURES

The following performance measures can be gleaned from the 2024-2025 proposed budget as they related to APD sworn personnel. The data reflects how effective APD has been with its budget over the last two years.

NUMBER OF SWORN APD OFFICERS:

Actual Fiscal Year 2022: 894 
Actual Fiscal Year 2023: 877
Mid- Fiscal Year 2024: 856
Target for Fiscal Year 2025: 1,100

NUMBER OF CADET GRADUATES:

Actual Fiscal Year 2022: 95
Actual Fiscal Year 2023:  85
Mid- Fiscal Year 2024: 54
Target for Fiscal Year 2025: 120

NUMBER OF 911 CALLS RECEIVED:

Actual Fiscal Year 2022: 459,720
Actual Fiscal Year 2023:  434,083 (Calls down 25,637)
Mid- Fiscal Year 2024: 215,492
Target for Fiscal Year 2025: 400,000

NUMBER OF 242-COPS CALLS RECEIVED:

Actual Fiscal Year 2022: 527,472
Actual Fiscal Year 2023:  448,100 (Calls down 79,372)
Mid- Fiscal Year 2024:  247,536
Target for Fiscal Year 2025: 550,000

NUMBER OF CALLS FOR SERVICE:

Actual Fiscal Year 2022: 512,394
Actual Fiscal Year 2023:  537,276   (24,882 INCREASE)
Mid- Fiscal Year 2024: 247,536
Target for Fiscal Year 2025: 550,000

EDITOR’S NOTE: Note the dramatic decline in calls to both emergency 911 calls and 242-COPS, but there was an increase in overall “calls for service” which is where sworn police are dispatched.

NUMBER OF VIOLENT CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 2,312
Actual Fiscal Year 2023: 2,646 (334 INCREASE)
Mid- Fiscal Year 2024: 1,120

NUMBER OF PROPERTY CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 7,229
Actual Fiscal Year 2023: 7,624 (395 INCREASE)
Mid- Fiscal Year 2024:  3,127

CLEARANCE RATE OF CRIMES AGAINST PERSONS  (e.g. murder, rape, assaults)

Actual Fiscal Year 2022: 44%
Actual Fiscal Year 2023:  40% (Clearance Rate Down 4%)
Mid- Fiscal Year 2024:  44%

CLEARANCE RATE OF CRIMES AGAINST PROPERTY  (e.g. robbery, bribery, burglary)

Actual Fiscal Year 2022: 9%
Fiscal Year 2023: 8% (Clearance Rate Down 1%)
Mid- Fiscal Year 2024:  8%

% OF STOLEN VEHICLES RECOVERED

Actual Fiscal Year 2022: 47%
Fiscal Year 2023: 67%
Mid- Fiscal Year 2024:  57%

CLEARANCE RATE OF CRIMES AGAINST SOCIETY  (e.g. gambling, prostitution, drug violations)

Actual Fiscal Year 2022: 57%
Actual Fiscal Year 2023: 44%  (Clearance Rate Down 13%)
Mid- Fiscal Year 2024:  55%

% HOMICIDE CLEARANCE RATE

Actual Fiscal Year 2022: 71%
Actual Fiscal Year 2023:  83%  (Up 12%)
Mid- Fiscal Year 2024:  93%

NUMBER OF FELONY ARRESTS

Actual Fiscal Year 2022: 6,122
Actual Fiscal Year 2023:  8,034  (Up 1,912)
Mid- Fiscal Year 2024:  4,633

NUMBER OF MISDEMEANOR ARRESTS

Actual Fiscal Year 2022: 9,799
Actual Fiscal Year 2023:  11,293 (Up 1,494 arrests)
Mid- Fiscal Year 2024:  5,883

NUMBER OF DWI ARRESTS

Actual Fiscal Year 2022: 1,287
Actual Fiscal Year 2023:  1,385   (Up 98 arrests)
Mid- Fiscal Year 2024:  674

PERCENTAGE OF CASES SUBMITTED TO THE DISTRICT ATTORNEY

Actual Fiscal Year 2022: 96%
Actual Fiscal Year 2023:  85% (Down 9%)
Mid- Fiscal Year 2024:  86%

APD’S WORKLOADS INCREASE AND DECREASE OVER 4 YEARS

Despite being severely understaffed, APD’s performance measure reveal that the department’s workload has increased and decreased over the last 4 years.

The number of calls for service increased by 24,882 going from 512,394 in 2022 to 537,276  in 2023 with the projected targeted number at 550,000 for 2025

APD’s felony arrests went up by 1,912 going from 6,122 in 2022 to 8,034 in 2023  with 4,633 felony arrests by midyear 2024.  Notwithstanding felony arrests going up over the last 2 years, APD felony arrest were much higher in 2020 with 10,945 felony arrests and in 2021 with 6,621 felony arrests.

APD’s misdemeanor arrests  also went  up 1,494 going from 9,799 in 2022 to 11,293 in 2023 with 5,883 misdemeanor by midyear 2024. Notwithstanding  misdemeanor arrests going up over the past 2 years, misdemeanor arrests were much higher in 2020 with 19,440 misdemeanor arrests and in 2021 with 16,520 misdemeanor arrests.

The number of DWI arrests has increased by a mere 98 arrests going from 1,287 in 2022 to 1,385 in 2023.  DWI arrests were much higher in 2020 with 1,788 DWI arrests and in 2021 with 1,230 DWI arrests.

The percentage of cases submitted to the District Attorney for prosecutions has gone down by 9% with 96% submitted in 2022 and 85% submitted in 2023. The lack of personnel to complete investigations in full contributes to the decline in case submitted.

CLEARANCE RATES DOWN IN ALL THREE MAJOR CATEGORIES

Clearance rates are where the “rubber hits the road” when it comes to law enforcement. The ultimate goal is to solve a case, apprehend a perpetrator and prosecute.  APD uses the National Incident-Based Reporting System (NIBRS) as required by the FBI and there are 3 major broad categories of crime. The 3 major categories are then broken down into 52 sub-categories.

NIBRS counts virtually all crimes committed during an incident and for that reason alone NIMRS is far more sophisticated than the “most serious incident-based” reporting SRS reporting system which list only 8 major categories of crime.

Over the past 2 years, APD’s clearance rates have gone down in all 3 major categories of crime:

CRIMES AGAINST SOCIETY include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. APD’s clearance rate in Crimes Against Society went down 13%, going from 57% in 2022 to 44% in 2023.

CRIMES AGAINST PERSONS include murder, rape, and assault, and are those in which the victims are always individuals. APD’s clearance rate in Crimes Against Persons went down 4% going from 44% in 2022 to 40% in 2023.

CRIMES AGAINST PROPERTY include robbery, bribery, and burglary, or to obtain money, property, or some other benefit. APD’s clearance rate in Crimes property went down by 1% going from 9% in 2022 to  8% in 2023.  APD Spokesperson Franchesca Perdue said property crime clearance rates are generally low because there are usually no witnesses or offender information after the crime has been committed.

According to the proposed 2024-205 budget, APD’s goal is to more than double the clearance rate for property crimes setting a goal to clear 20% of property crimes. The department had the same goal last year but fell far short. APD Spokesperson Franchesca Perdue said this about APD’s low clearance rates in property crime:

“The most common way to overcome this is the use of surveillance videos, better lighting, and neighbors working together to report suspicious activity. … There is increased lab personnel to assist in processing evidence such as fingerprints and the number of crime scene specialists is the highest it’s been at the department. …  The hope is that more evidence will be gathered and processed, which will lead to more cases being solved and a higher clearance rate.”

The link to the relied upon and quoted news source is here:

https://citydesk.org/2024/more-than-90-of-property-crimes-in-albuquerque-arent-solved/?utm_medium=email&mc_cid=40922ff3e7&mc_eid=001367acf1

RECRUITMENTS UP BUT OFFSET BY DEPARTURES

Note that the approved APD budget of $271.5 million includes proposed funding for 1,100 sworn police officers and 725 civilian employees. APD acknowledges the 1,100 figure for sworn police officers is a goal established by previous administrations.  The last time APD reached the goal of 1,100 police officers was in 2009 under the third term of Mayor Martin Chavez. The Keller Administration now says that the 1,100 figure is an unrealistic goal.  According to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers. The 856 number is fewer than in fiscal year 2023 when there were 877 and in and 2022 when there were 894 officers.

APD Spokesperson Rebecca Atkins said this:

[The 1,100] goal is from the past and is unrealistic. … If the department reaches more than 1,000 officers, there is an administrative plan to request additional resources in order to fund the additional officers.   APD is focused on a [comprehensive approach to public safety] …That includes a multitude of things including civilianizing many areas of the department as well as advancements in technology, which have been a force multiplier for APD.”

City Councilor Dan Champine is a former APD Police Officer. He said  he thinks reaching 1,100 officers  and going  from 875 to 1,100 officers isn’t an unrealistic expectation, but it will  take time to reach that goal.

City Councilor Champine said this:

“You have an academy class that’s six months long and you put 50 people in the class, so you do two of those, that’s 100 people that are going to graduate in a year and put out on the streets. … And during that one year at a time, you lose 60 people because of retirement or moving or life, so now your net gain is 40.”

 APD Spokesperson Rebecca Atkins said in the last year, APD has seen a record number of recruits and some of the largest cadet classes in a decade.  However, 80 officers separated from the department during the last fiscal year with 40 sworn officers resigning, 35 retiring, and 5 terminated.

The city’s targeted number of recruits for next year is 120, although it has not yet broken 100 in previous years. In fiscal year 2023, there were 85 recruits and in 2022 there were 95. By mid-year of fiscal year 2024, APD had 54 recruits.

APD has ramped up its recruiting presence on social media platforms, television and in movie theaters. APD Spokesperson Rebecca Atkins said a plan was put into place in 2022 to ramp up recruiting efforts for the Police Service Aide program because they’re a pipeline to future officers. Police Service Aides are tasked with handling minor traffic crashes, writing reports, managing traffic control and assisting with other administrative duties. Atkins said this:

“There will always be retirements and separations year to year, but, the growing number of cadets in our academy and PSAs who will become future officers continue to add to the department’s growing numbers. … We will continue our recruiting efforts…which have been successful in reaching qualified candidates who want to join the department. Just in the last two years, nearly two dozen PSAs have become police officers at APD. … We also currently have nearly 100 PSAs in the department, which is the highest number in the department’s history.” 

Once PSAs are qualified to become officers which is usually when they turn 21  they can apply to become sworn officers.

https://citydesk.org/2024/mayors-proposed-budget-includes-5-more-funding-for-  police/?utm_medium=email&mc_cid=608fffdc41&mc_eid=001367acf1

ANALYSIS AND COMMENTARY

When it comes to the Albuquerque Police Department and the performance measure contained in the 2024-2025 it is painfully obvious that APD is falling short in getting its job done of public safety and when it comes to recruitment and retention of sworn police officers. The blunt truth is that there has been 15 years of zero progress on increasing sworn personnel numbers.

On December 1, 2009 when Mayor Richard Berry was sworn into office succeeding Mayor Marty Chavez, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded police department in its history. In 2009, APD was fully staffed with 1,100 sworn police officers.  APD response times had been brought down below the national average and violent and property crime rates in Albuquerque were hitting historical lows.

During the 8 years Mayor Richard Berry was in office, the city’s violent crime and property crime rates hit historical highs and APD went into a personnel meltdown going from 1,100 sworn police officers to 853 sworn police, a loss of 247 sworn police. Since taking office on December 1, 2017 Mayor Tim Keller has made Public Safety his number one priority over the last 7 years because of the city’s spiking crime rates.

Notwithstanding all of Mayor Keller’s efforts to recruit and expand APD, the department is still seriously short staffed despite the millions being spent on salary increases, sign on bonuses and being the best paid law enforcement agency in the state and the region.

According to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers which is only 3 more sworn police than the day Keller took office in 2017.  Given the volume of arrests and cases, APD is critically understaffed to complete its mission.

MULTIPLE REASONS FOR THE SWORN PERSONNEL MELT DOWN

It’s no too difficult to pin point the multiple reasons for the sworn personnel melt down over the last 15 years.

First, APD’s poor reputation has made it difficult to attract a new generation of police officers.  The Department of Justice civil rights investigation in 2013 contributed to APD’s poor reputation when it found that APD engaged in a pattern of “excessive use of force” and “deadly force” and found a “culture of aggression” with numerous judgments entered against the city for civil rights violations. The killing of homeless camper James Boyd in the Sandia Foothills by APD in 2014 expedited the city and APD entering into a consent decree that mandated 271 reforms and constitutional policing practices.  2 APD Officers were charged with murder  of Boyd, but the jury was unable to reach a verdict and the city settled the case for $5 Million. The consent decree was suppose to last only 4 years and be dismissed, but it lasted 9 years after APD management and the police union engaged repeatedly in obstruction tactics and failed to come into compliance with the reforms. On May 13, 3024, it was announced APD has come into compliance and it likely the case will be dismissed after 2 more years of being in full compliance.  A more recent scandal that has now rocked APD is the Bribery and Conspiracy Scandal to dismiss DWI cases where 9 police officers have now been implicated as the investigation expands.

Second, respect for law enforcement deteriorated all over the country as departments came under intensive scrutiny for civil rights violations and repeated killings of African Americans and other minorities. That intense scrutiny culminated with the killing of George Floyd and the conviction of 5 Minneapolis Police  Officers and the Black Lives Matter movement in the United States.

Third, violent crime,  property crime, and  the proliferation of drugs because of the drug cartels has  spiked dramatically all over the country  making it difficult to be a police officer. Murders in the United States reach an all time high, especially during the Covid-19 pandemic and law enforcement agency resources were stretched to historical levels.

Fourth, this countries obsession with guns and resistance to any and all gun control has resulted in even more guns being available to the criminal element in the United States endangering law enforcement.

Fifth, simply put, becoming a police officer has become less and less attractive making it difficult to attract a new generation of police officers. The workloads and pressures of being in law enforcement makes it unattractive profession on many levels.

FINAL COMMENTARY AND ANALYSIS

The biggest danger in hiring and returning retired APD officers is the danger of bringing back officers who created, contributed or did not stop the culture of aggression found by the Department of Justice and that contributed to the $62 million dollars in settlements for police use of excessive force and deadly force.

It may make financial sense for a retired APD cop to return to work, but you cannot rebuild a “new APD” by recruiting the “old APD”. APD needs to attract a new, younger generation of cop and even engage in a national recruiting program. Hiring incentives for young new recruits, such as paying off college debt, paying  relocation costs, providing home mortgage down payment or even  providing  major sign  on bonuses for  as much as $20,000 for a 4 year commitment to join APD should be explored.

On July 18, the city announced that the internal affairs investigation and disciplinary review of APD Chief Harold Medina for the February 17 car crash where he ran a red light critically injuring another has 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.  The letters of reprimand will be placed in Medina’s personnel file.  No other disciplinary action will be taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

APD spokesman Gallegos said in Medina’s 28 years in law enforcement, he was disciplined one other time also with a written reprimand in 2006. He said that was also for a traffic crash but did not give any further details on that incident. It turns out the 2006 reprimand was also issued by then Lieutenant Eric Garcia who was Medina’s supervisor at the time.

APD Chief Medina released a statement and said this:

“Obviously, I never intended to cause a crash. … I am grateful that Mr. Perchert is recovering from his injuries. All of our officers are held to the same standards and policies, I am no different.”

REFERRAL MADE TO NM DEPARTMENT OF JUSTICE

For the first time it was revealed that the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and 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 reviewing 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.”

VICTIM OF CAR CRASH REACTS

Todd Perchert, the victim of the car crash Medina caused, is suing the city and Chief Medina to recover personal injury  damages from the February 17 car crash. Perchert has said the crash left him seriously injured, with titanium plates across his rib cage, deformed bones in his upper arm and stitches in his ear. Perchert says his life has changed and that he is in constant physical pain from the injuries sustained. Perchert said his classic gold Mustang was totaled by the insurance company, and he isn’t sure if he will try to fix it.

Perchert’s attorney, James Tawney, said they are seeking compensatory damages for Perchert’s injuries and the “damage he is going to have for the rest of his life.”  Personal injury attorney Tawney said this in a statement:

“The findings [of the Internal Affairs investigation and the reprimands confirm Medina’s] complete disregard for the rules designed to ensure the safety and well-being of all citizens.  Such breaches of protocol are unacceptable, especially from an individual in a position of authority and trust.  [This is the] first step toward achieving justice and ensuring accountability. … A written reprimand pales in comparison to the lifelong physical, psychological and emotional trauma he caused our client.  We will continue to pursue all legal avenues to secure the justice our client deserves.”

https://www.abqjournal.com/news/albuquerque-police-chief-reprimanded-for-crash-that-injured-man/article_48c6c9de-455d-11ef-a7de-77dd5b86acc9.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-chief-crash-disciplined/61640705

REVISITING FEBRUARY 17 CAR CRASH

Given the extreme weakness of the discipline imposed on APD Chief Harold Medina over the February 17 car crash, the facts and circumstances of what happened that day merit review.

On February 17 APD Chief Harold Medina and his wife were in a city unmarked APD truck on their way to a press conference with Mayor Tim Keller. Medina decided to stop and call APD to clear a homeless encampment. Medina witnessed two people fighting, a gun was pulled and pointed at Medina and a shot was fired.

In response Medina fled from the scene and drove through a red light and he T-boned a 1966 Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Chief Medina admitted he ran a red light. Medina and his wife were unharmed.

MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM

On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the car crash by heaping highly questionable claims and praises on Chief Medina by saying this in part:

 [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.

Keller made no mention of the injured victim of the car crash.   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.” Again, Keller makes mention of the serious injuries inflicted on Todd Perchert  the driver of the clsassic mustang. 

CHIEF’S CORNER ADMISSIONS  

On Tuesday, February 20, 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 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 on the video he thought the oncoming Mustang would pass through intersection before he got there.  Medina said in his video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

Medina admitted he was the one responsible for the crash. He  admitted he ran a red light and that he did not have the right away. Medina also admitted as before he did not have his body camera on at the time of the accident.

Chief Medina admitted that his wife has not been certified for police ride along with him. Medina said the SOP on police ride along has been relaxed by Mayor Keller where ride along forms to allow relatives to ride along with patrol officers and for personal use are no longer required.  In the video Medina says this:

“…we are not going to change processes or policies related to take home cars…the mayor fought hard in 2018 to make sure that we could have a life work balance…I’m going to make sure that uh you don’t have to fill out ride-along forms…”

The written APD standard operating procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members.

APD RELEASES VIDEO OF CHIEF MEDINA’S CRASH REVEALING MAJOR DISCREPENCIES IN MEDINAS VERSION OF EVENTS

On February 21, 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 Mustang.  The surveillance video reveals two major falsehoods in Chief Medina’s version of events that he gave in his “Chief’s Corner” video statement:

1. That the intersection was clear when Medina ran the red light.
2. That Medina talked to the victim of the shooting.

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.

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 then accelerates to 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.

Medina said in his Chief’s Corner video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”  Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, the video shows it was not clear at all and there was oncoming traffic and he did not have his emergency equipment engaged.

The surveillance video shows Medina cutting in front of another car before accelerating at a fast rate of speed through the intersection. The video shows oncoming traffic with Medina first slowly inching between two vehicles traveling West on the North side lanes of Central and Medina then accelerating to cross to the South traveling lanes of Central at a high rate of speed and crashing into the Mustang that was traveling East on the South lanes of Central.

APD Chief Harold Medina could have totally avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also have the immediate effect of driving the vehicle out of the line of fire with a motel building providing an extent of obstruction.

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.

REFERRAL MADE TO INTERNAL AFFAIRS

After the car crash, Medina supposedly passed a breath and drug test, but the results have  never been disclosed when and where and if it was done within the time frame required by APD standard operating procedures after the accident.  Medina referred the car crash to APD Internal Affairs and the Superintendent of Police Reform Eric Garcia for investigation due to his admission of not having his lapel camera on, an APD policy violation as well as a state law violation.

On April 3 Superintendent Garcia gave an update to the Albuquerque City Council on the Internal Affairs investigation of Chief Medina.  He said the APD Fatal Crash unit conducted an investigation, prepared a final report and forwarded it to the Crash Review Board.  The report concluded that while Chief Medina “did enter an intersection failing to obey the traffic control devise (sic) without activating his emergency lights and sirens … resulting in a vehicle crash causing injury”  the car crash was “non preventable”.  The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.”  APD said that Chief Medina would not be charged with any offense.

Notwithstanding APD’s decision not charge APD Chief for the car crash he caused, Superintendent of Police Reform Eric Garcia continued with his Internal Affairs investigation to determine what disciplinary action, if any, would be imposed on Chief Medina.

COMMENTARY AND ANALYSIS

The APD Crash Review Board voting  unanimously to deem Chief Medina’s crash as “non-preventable” was  an absolute farce. They ignored that Chief Medina’s car crash put another driver in the hospital in critical condition. It was ruled “unavoidable” by APD officers who are under Medina’s command.

It’s a no brainer that an independent, outside investigation should have been ordered immediately by Mayor Tim Keller and that Medina should have been placed on administrative leave pending that investigation. Instead, we have a sham of an investigation by police officers who work for Medina.

Simply put, the crash was preventable and could have been avoided by simply stopping at Central, or turning right to go West on Central.  Instead, Medina ran through a red light in a panic and floored the gas pedal of his vehicle and went forward.  The APD Crash Review Board voting unanimously to deem Medina’s crash “non-preventable” and the issuance of letters of reprimand by Superintendent of Police Reform Eric Garcia are nothing more than a cover up calling it a preventable accident that gives Chief Medina a defense and APD an excuse not to charge Medina with reckless driving. The finding will allow the City to argue the other driver was contributorily negligent as to crash responsibility.

NEW MEXICO STATUTORY LAW

There are two New Mexico Statutes that can be said that Chief Medina violated:

1. The Reckless Driving statute
2. The statute requiring the use of body cameras by police.

RECKLESS DRIVING VERSUS CARELESS DRIVING

The New Mexico Department of Justice decided not to charge Medina with careless driving after reviewing the crash proclaiming 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.”  The car crash was not the result of “careless driving” but was the result of  “reckless driving” which is a far more serious offense than “careless 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/

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. Medina’s actions and the car crash fit the very definition of reckless driving by a 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 … any person or property.”  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.

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.

MEDINA VIOLATED BODY CAMERA MANDATE

Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash and he has now been given a written reprimand for it.

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:

1. 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, except as provided in Subsection B of this section.

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:

(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;

(b) intentionally manipulate a body-worn camera recording; or

(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.

B.The provisions of Subsection A of this section shall not apply when a peace officer:

(1) conducts an undercover operation sanctioned by a law enforcement agency; or

(2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.

2.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection 1 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.

Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had.  There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “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.”

Now that the victim of the February  17 Todd Perchert is suing the city, you can expect that a count for “bad faith” by Medina  will be included in the civil complaint filed  that will compound and inflate damages and perhaps allow for punitive damages that Medina will expect the city to pay. 

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated more than two of  APD’s Standard Operating Procedures, with Superintendent of Police Reform Eric Garcia ignoring all but two of those Standard Operating Procedures with his letters of reprimand.

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation.  Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner(Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is  not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

CHIEF NOT EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.  That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children.   The case resulted in a multimillion-dollar judgement against city.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

SLAP ON THE WRIST

It is downright obscene and an insult to the general public’s intelligence that APD Chief Harold Medina was given nothing but a mere “slap on the wrist” for almost killing someone and causing permanent and lifelong injuries to that person.  The issuance of 2 letters of reprimand to Chief Median by the Superintendent of Police Reform Eric Garcia is a disgrace and so very wrong and means Chief Harold Medina will not be held accountable nor disciplined in any meaningful way for serious violations of APD standard operating procedures and state law.

Given the seriousness of the infractions, Mayor Tim Keller should set aside the 2 letters of reprimand and terminate Chief Medina for cause or at least suspend Chief Medina and place him on administrative leave without pay for a period of time.  Mayor Keller should also refer for investigation the car crash to the Bernalillo County District Attorney office where it belongs for possible charges of Reckless Driving.

The link to a related Dinelli blog articles are here:

https://www.petedinelli.com/2024/02/19/apd-chief-medina-and-wife-in-car-crash-while-fleeing-gunfire-in-city-vehicle-driver-of-other-car-sent-to-hospital-in-critical-condition-chief-medina-likely-violated-numerous-standard-operating-proce/

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

President Joe Biden announced Sunday,  July 21, that he will end his presidential re-election campaign, bringing an abrupt and humbling conclusion to his half-century-long political career and scrambling the race for the White House just four months before Election Day.

Biden, 81, could not reverse growing sentiment within his party that he was too frail to serve and destined to lose to Donald Trump in November. He backed Vice President Kamala Harris in no uncertain terms to replace him as the Democratic nominee.

President Biden has been diagnosed with COVID and is self isolating and recovering at his home in Delaware.

https://www.nbcnews.com/politics/2024-election/president-joe-biden-drops-2024-presidential-race-rcna159867

Following is President Joe Biden’s letter:

July 21, 2024

“My Fellow Americans,

Over the past three and a half years, we have made great progress as a Nation.

Today, America has the strongest economy in the world. We’ve made historic investments in rebuilding our Nation, ion lowering prescription drug costs for seniors, and in expanding affordable health care to a record number of Americans. We’ve provided critically needed care to a million veterans exposed to toxic substances. Passed the first gun safety law in 30 years. Appointed the first African American woman to the Supreme Court. And passed the most significant climate legislation in the history of the world. America has never been better positioned to lead than we are today.

I know none of this could have been done without you, the American people. Together, we overcame a once in a century pandemic and the worst economic crisis since the Great Depression. We’ve protected and preserved our Democracy. And we’ve revitalized and strengthened our alliances around the world.

It has been the greatest honor of my life to serve as your President. And while it has been my intention to seek reelection, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term.

I will speak to the Nation later this week in more detail about my decision.

For now, let me express my deepest gratitude to all those who have worked so hard to see me reelected. I want to thank Vice President Kamala Harris for being an extraordinary partner in all this work. And let me express my heartfelt appreciation to the American people for the faith and trust you have placed in me.

I believe today what I always have: that there is nothing America can’t do — when we do it together. We just have to remember we are the United States of America.”

— Joseph R. Biden, Jr.

https://www.indystar.com/story/news/politics/2024/07/21/read-joe-bidens-letter-announcing-his-decision-to-drop-out-2024-election-president/74490492007/

In addition to the letter, President Biden also tweeted as follows:

“My fellow Democrats, I have decided not to accept the nomination and to focus all my energies on my duties as President for the remainder of my term. My very first decision as the party nominee in 2020 was to pick Kamala Harris as my Vice President. And it’s been the best decision I’ve made. Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year. Democrats — it’s time to come together and beat Trump. Let’s do this.”

COMMENTARY AND ANALYSIS

President Joe Bidens decision to withdraw from the race is about as big a bomb shell as it gets and happened a mere 21 days since his disastrous debate performance, one month before the Democratic Party Nominating Convention and a little more than 4 months before the election. Now all eyes are on Kamala Harris and if she can in fact mount a successful campaign to secure the nomination, who she will select as her Vice President nominee and if former President Donald Trump can keep up his momentum.

The New York Times reported the news in part as follows:

“The president’s decision upended the race and set the stage for a raucous and unpredictable campaign unlike any in modern times, leaving Ms. Harris just over 100 days to consolidate support from Democrats, establish herself as a credible national leader and prosecute the case against Mr. Trump.

Although Democratic convention delegates must ratify the choice of Ms. Harris to take over as standard-bearer next month, Mr. Biden’s endorsement meant the nomination was hers to lose and she appeared in a powerful position to claim it. While Mr. Biden, 81, remained president and still planned to finish out his term in January, the transition of the campaign to Ms. Harris, 59, amounted to a momentous generational change of leadership of the Democratic Party.

The president’s decision meant that a nomination will be settled at a convention rather than through primaries. Ms. Harris starts the truncated process in the strongest position. Within minutes of Mr. Biden’s announcement, one potential rival, Gov. Gretchen Whitmer of Michigan, announced she would not run. Another, Gov. Gavin Newsom of California, had previously said he would not challenge Ms. Harris.”

The link to the full unedited New York Times report is here:

https://www.nytimes.com/2024/07/21/us/politics/biden-drops-out.html

It is being reported that  New Mexico Senior Senator Martin Heinrich, who is up for reelection to a third term  became the third Democratic US Senator to publicly call on President Joe Biden to leave the presidential race. Heinrich said this:

“This moment in our nation’s history calls for a focus that is bigger than any one person, The return of Donald Trump to the White House poses an existential danger to our democracy. We must defeat him in November, and we need a candidate who can do that.  While the decision to withdraw from the campaign is President Biden’s alone, I believe it is in the best interests of our country for him to step aside. … By passing the torch, he would secure his legacy as one of our nation’s greatest leaders and allow us to unite behind a candidate who can best defeat Donald Trump and safeguard the future of our democracy.

Polling conducted by the National Republican Senatorial Committee and GOP nominee Nella Domenici’s campaign last month showed her in a margin-of-error race with Heinrich, though Democrats have expressed confidence about their chances for the seat.

An AP-NORC poll found nearly two-thirds of Democrats want Biden to withdraw. These calls have been mounting since the first presidential debate and subsequent public appearances that raised questions about his age and his ability to serve a second term.

Biden will turn 82 in November. If elected to a second term, he would leave office at age 86.

Heinrich joins fellow Democratic Sens. Peter Welch of Vermont and Jon Tester of Montana in publicly calling on Biden to step aside.

Senator  Peter Welch  became the first Democratic senator to call on President Joe Biden to step aside as the party’s presidential nominee. Welch said this in a Washington Post op-ed:

“The stakes could not be higher. We cannot unsee President Biden’s disastrous debate performance. We cannot ignore or dismiss the valid questions raised since that night. I understand why President Biden wants to run. He saved us from Donald Trump once and wants to do it again. … But he needs to reassess whether he is the best candidate to do so. In my view, he is not. For the good of the country, I’m calling on President Biden to withdraw from the race.”

Senator Jon Tester, who is up for reelection in Republican-leaning Montana said this about Biden stepping aside:

“Montanans have put their trust in me to do what is right, and it is a responsibility I take seriously.  … I have worked with President Biden when it has made Montana stronger, and I’ve never been afraid to stand up to him when he is wrong. And while I appreciate his commitment to public service and our country, I believe President Biden should not seek re-election to another term.”

U.S. REPRESENTATIVE GABE VASQUEZ CALLS UPON PRESIDENT BIDEN TO WITHDRAW

On July 19, New Mexico U.S. Representative Gabe Vasquez called upon President Biden to withdraw from the race. In a statement released the freshman congressman called Biden an honorable public servant and said  this:

“President Joe Biden is an honorable public servant who has dedicated his career to bettering the lives of all American. … We owe him a great debt of gratitude for his time serving our nation. However, I believe too many of our fundamental freedoms and the wellbeing of our nation are at risk under a Trump presidency, and President Biden should step aside to give Democrats the best opportunity to win this November. … With abortion rights under attack and our Democracy at stake, we must unite to defeat Donald Trump and MAGA extremists. But make no mistake, regardless of who our nominee is, my number one job will be to take care of the people of my district and continue bringing results home to New Mexico.”

Vasquez has previously declined to answer questions about whether Biden should exit the race  after Biden’s debate last month with Trump raised questions about his mental acuity and ability to serve another term.  Vasquez narrowly defeated Republican incumbent Yvette Herrell in 2022 to win a district that was significantly redrawn by lawmakers a year earlier during the once-per-decade task of redistricting. He is facing a rematch with Herrell this year in what’s expected to be one of the nation’s most competitive  and expensive races.

https://www.abqjournal.com/news/two-nm-congressional-democrats-call-on-biden-to-drop-out-of-race/article_a46afd56-45ed-11ef-a410-134ea284f8fe.html

https://www.koat.com/article/new-mexico-president-joe-biden-calls-end-campaign/61649643#:~:text=U.S.%20Rep.%20Gabe%20Vasquez%20has,from%20KOAT%20Action%207%20News%22

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

https://www.kob.com/new-mexico/heinrich-calls-on-biden-to-drop-out-of-us-presidential-race/

https://www.cnn.com/2024/07/10/politics/peter-welch-democratic-senators-biden/index.html

https://www.cnn.com/politics/live-news/biden-trump-rnc-07-19-24/index.html

https://www.newsweek.com/joe-bidens-family-mapping-out-plan-drop-out-report-1927721

On July 18, commencing at noon, the New Mexico Legislature convened a Special Session called by Governor Michelle Lujan Grisham to consider Public Safety measures. The governor’s public safety package was comprised of eight bills that addressed criminal competency standards, mental health treatment, crime reporting, pedestrian safety, gun violence, drug overdoses, and wildfire relief. She also added three bills in the final hours before the session including bills to address fentanyl distribution and racketeering.

When it was all said and done and within 5 hours of the special session convening, it came to an abrupt end with none of the Governor’s public safety measures enacted. The only legislation passed by  lawmakers was the approval  funding outlined in HB 1. 

A breakdown of the funding  in House Bill 1 is as follows:

• $10 million to the Mescalero Tribe to address damages caused by the South Fork and Salt fires.
• $10 million for wildfire mitigation; watershed restoration, slope stabilization, erosion control around the state.
•  $10 million for individuals and businesses applying for or in the claims process to receive public assistance funding from the federal emergency management agency for damages caused by flooding or a fire.,
• $70 million to the State Board of Finance to provide zero-interest reimbursable loans to political subdivisions that have been approved for federal assistance to replace or repair public infrastructure damaged by the Salt and South Fork fires, including damages from flooding.
•  $3 million to the Administrative Office of the Courts to fund assisted outpatient treatment programs and competency diversion pilot programs
•  $211,900 to pay for the special session.

Senate Majority Leader Peter Wirth , D-Santa Fe said this of the appropriations:

“I would certainly ask the governor not to line-item veto this money and I would go one step further: I would suggest that by signing this diversion money into law, it’s an important first step towards rebuilding the collaborative relationship that needs to exist between the three equal branches of government.”

LEGISLATORS REPOND TO CRITICISM FOR NOT ADDRESSING PUBLIC SAFETY

Immediately after adjournment of the Special Session she had called, Governor Michelle Lujan Grisham issued the following statement:

This legislature just demonstrated that it has no interest in making New Mexico safer. Not one public safety measure was considered. Not one, despite the bills having the backing of police chiefs, public safety unions, mayors, prosecutors, businesses, tribal leaders, crime victims and others who have seen firsthand the erosion of public safety that has deeply damaged the quality of life in our state. 

Today I visited a neighborhood that is being ravaged by dangerous activity and everyday petty crime. Families can’t walk in the park, employees are scared to go to work, and businesses are shuttering. For the legislature to ignore these stark realities is nothing less than a dereliction of duty. 

The legislature as a body walked away from their most important responsibility: keeping New Mexicans safe. But it is noteworthy that a majority of Republicans would have passed many or all of these bills — they were blocked. 

The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer. For those of you who go home to the sound of gunshots, who see hypodermic needles in your parks, and the families desperate to get a loved one living on the street the help they deserve, I’m sorry that most of our elected officials didn’t even try. 

This was one of the most disappointing days of my career, and the public should be outraged. My promise to you is that I will not stop fighting to protect you and your families. 

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/politics-government/legislature/new-mexico-house-approves-funding-for-special-session-wildfire-relief-and-court-programs/

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/new-mexico-legislature-adjourns-special-session-on-public-safety/

https://nmindepth.com/2024/enraged-governor-blisters-legislature-for-five-hour-special-session/

https://www.abqjournal.com/news/governor-legislature-should-be-embarrassed-after-rejecting-her-special-session-agenda/article_35be453e-4548-11ef-a9d4-4bc01c0232b9.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

When the Governor lashes out and says “The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer”, it is she that should be embarrassed as she refused to accept any responsibility for what happened.  Simply put, the Governor was part of the problem advocating complicated legislation without much analysis.

It was on April 17 that New Mexico Gov. Michelle Lujan Grisham announced she was calling state legislators into a Special Session starting July 18 with a focus on addressing public safety proposals. During the 3 months before the session, the Court, Corrections and Justice Interim Committee, consisting of  36 House and Senate members, conducted a number of extensive  day long hearings on the legislation  with the Governor’s Office making presentations and stake holders offering research and analysis.  At one point the Governor actually withdrew legislation and offered substitute legislation.

Members of the Court, Corrections and Justice Interim Committee made it clear repeatedly that the changes to the mental health commitment laws were way too complicated for a Special Session and there was a need for more time and research on the proposals, but the Governor rejected  the arguments made and refused to listen. Some of the presentations made by the Governor’s representatives, including the Governor’s general council, were woefully inadequate reflecting a misunderstanding of civil judicial mental health commitment  process and the resources that will be needed for the courts to carry out changes to the mental health commitment process. None of the legislation the Governor advocated for with respect to mental health commitment provided for funding for the courts and mental health facilities.  The Governor went so far as to engaged in an aggressive public relations campaign the week before the session that included press conferences with those she solicited to attend, interviews and letters to the editors to convince lawmakers that her proposed legislation was ready for prime time when it was not.

The Governor and her administration must accept responsibility for a failure in leadership to reach a consensus with house and senate leadership on any of the legislation she wanted before she called the special session in the first place. The only thing the Governor accomplished is having a little temper tantrum complete with self righteous rhetoric for all the world to see for not getting her way that was beneath the dignity of her office.

The Governor would be wise to set aside her animosity against the legislature for what happened. She should  meet with the legislative leadership personally and immediately to  access what can be done to regroup and come up with a consensus on a viable public safety package they are will to sponsor and enact  during the 2025 legislative session.