“For far too long we’ve seen people of color targeted by police and underserved by those in power. Seeing the brutalization and death of individuals at the hands of those who are supposed to protect and serve is a disgrace to our nation and I’m glad to see so many people stand up, say “Black Lives Matter.” … As former police officer myself, I acknowledge that … I also made arrests and instigated some encounters I wouldn’t be proud of today.”

Albuquerque City Council President Pat Davis, June 2020 , APD Reform Survey, using the “Black Lives Matter” logo.

“[I was a] “zero-tolerance cop – the kind you wouldn’t want to pull you over. … I came from a conservative background. … If you broke the laws, there are consequences for that.”

City Councilor Pat Davis, February 6, 2017, Albuquerque Journal, “ABQ councilor seeking police reforms has an insider’s perspective”, acknowledging his own police officer shooting as a DC Police Officer.

https://www.abqjournal.com/943318/davis-has-insiders-perspective-on-reforms.html

“While on patrol, the officers observed a red … Nissan … occupied by two black males. The passenger in the vehicle was observed without his seatbelt on, and the vehicle also failed to use a turn signal while making a left turn. … [A]t that time, [officers] conducted a traffic stop on the vehicle. … Davis approached the driver’s door of the vehicle and observed the driver with a semi-automatic pistol in his hand attempting to conceal the handgun in the middle of the console area of the vehicle. … Officer Davis reached inside the vehicle and attempted to grab the handgun from the driver and a struggle ensued. … The driver of the vehicle then sped off at a high rate of speed with Officer Davis partially inside of the driver’s window struggling with the driver and being dragged by the vehicle. … Officer Davis, fearing for his life, fired his service weapon into the vehicle. … Officers continued to canvass the area and … located the defendant … hiding under a stairwell … The defendant was suffering from a gunshot wound to the left shoulder. … . ”

United States Federal Judge John H. Bayly, adopted “FINDINGS OF FACT, CONCLUSIONS OF LAW”, September 30, 2004

INTRODUCTION

This blog article is a detailed in-depth report on 3 known court actions that have been resolved. The cases involve actions of City Council President Pat Davis as a police officer before his election to the Albuquerque City Council. The cases are no longer pending with two settled and charges dismissed in another. The article provides the caption and cause numbers of the cases with all the court filings public record and includes analysis. Both Federal and State litigation are involved.

The cases reflect that Pat Davis as a police officer had a very troubling pattern of violating people’s civil rights and used deadly force during a traffic stop of two African Americans. It is fortunate that the person shot by Davis survived from his injuries. The “Black Lives Matter” movement and voters need to decide if the new found desire of APD police reformer Pat Davis as a city councilor is sincere or is it opportunism to garner political support and favor from the progressive movement in Albuquerque.

Pat Davis has been appointed to positions of trust and confidentiality by Governor Michelle Lujan Grisham, the Albuquerque City Council and the Bernalillo County Criminal Justice Coordinating Council. Two of those positions affect the New Mexico Bar, the criminal justice policy in Bernalillo County and the selection of judges. The past actions as a police officer by Davis, and his arrest for Aggravated DWI, should have disqualified Davis from the appointments, presuming he disclosed them before the appointments were made. (See POSTSCRIPT below for information on the DWI charge and how it was disposed.)

WORK HISTORY OF PAT DAVIS

Discussion of the work history of Albuquerque City Councilor President Pat Davis is in order to “connect the dots” of his past conduct as they relate to his current actions on the Albuquerque City Council and positions of trust he now holds.

In December 2004, after about three years with the Washington D.C. Police Department, and several months after his officer involved shooting, Pat Davis was employed as a lieutenant on the University of New Mexico (UNM) Police Force. He left the UNM Police and around 2009 he became a spokesman for Bernalillo County District Attorney Kari Brandenburg. He left the District Attorney’s Office and founded ProgressNow and became its Director. ProgressNow New Mexico is a non-profit progressive advocacy group working on public policy campaigns, including efforts to decriminalize small amounts of marijuana and to defend women’s ability to access healthcare. ProgressNow is known for opposition research on conservative issues and candidates for office. He was the Chair of the Albuquerque Metro Crime Stoppers Program but resigned when he was arrested on July 28, 2013, for aggravated DWI after he was found to have a blood-alcohol concentration of .19 and .18 respectively.

ELECTIVE OFFICE SOUGHT

Pat Davis was a candidate for Bernalillo County Sheriff in 2009, and twice a successful candidate for city councilor in October, 2015 and November, 2019. In 2018, Davis was an unsuccessful candidate in the Democratic Primary for the United State Congress. In January, 2020, Davis was elected by the City Council as their President.

https://www.cabq.gov/council/find-your-councilor/district-6

INFLUENTIAL APPOINTMENTS

In 2019, Davis was appointed by Governor Michelle Lujan Grisham as the chairman of her marijuana legalization task force. The Governor has appointed Davis to serve on the Judicial Selection Commission to nominate attorneys to fill court vacancies in the state courts.

Davis is the current Chairman of the Bernalillo County Criminal Justice Coordinating Council (BCJCC). The BCJCC is a 13 member commission consisting of the Chief Judges of the District Court and Metropolitan Court, the District Attorney, the Public Defender, the President of the NM Criminal Defense Lawyers Association, Bernalillo County Sheriff, the Albuquerque Police Chief, a Bernalillo County Commissioner, a City Councilor, the ABQ Chief Administrative Officer, the Regional Administrator of New Mexico Probation and Parole and the Director of the Administrative Office of the Courts.

The purpose of the BCJCC is to serve as a forum concerning the law, the legal system, and the administration of justice, which includes identifying issues and their solutions, proposing actions, and facilitating cooperation that will enhance public safety and reduce crime in Bernalillo County, advance the fair and timely disposition of cases, maximize the efficient use of criminal justice resources, and ensure justice and improved outcomes for those accused of crimes and the victims of crimes.

https://www.bernco.gov/county-manager/criminal-justice-coordinating-council-.aspx

DAVIS GETS INTO THE ACT OF APD REFORM AND “DEFUND THE POLICE”

The “Black Lives Matter” movement is now sweeping cities across the country as is a movement it started referred to as “Defund the Police”. Major recognition of the Black Lives Matter movement emerged in the wake of the killing of African American George Floyd, 46, who was killed by Minneapolis police officer who knelt on Floyd’s neck to subdue him. “Defund the Police” can be defined in simple terms as meaning taking funding away from police forces and invest or reallocate those funds into social programs to address the real causes of crime.

On Friday, June 13, Pat Davis announced that he and the city council have a plan to overall the Albuquerque Police Department (APD). The city council proposal would change multiple levels of the department, from reorganizing the police budget and officers’ jobs on the street to emphasizing behavioral health assistance and studies to determine the best route for community engagement. Davis said he believes the city can rededicate $1 million of APD’s $207 million budget to community organizations and social services. Davis is also suggesting a 24/7 dispatch line for calls regarding the homeless that would be answered by those in a public health role and not by the APD reducing APD’s volume of 911 emergency calls. Davis also announced that the council will meet with the community in July to gain input into possible changes to APD’s budget, police operations and other avenues where funds could be placed to better the community.

https://www.abqjournal.com/1465979/council-leader-unveils-police-reform-proposal-ex-more-community-engagement-rerouting-of-some-calls-included.html

PAT DAVIS MAKES ADMISSIONS OF MISCONDUCT AS POLICE OFFICER

City Councilor Pat Davis initiated and conducted a citywide survey on policing strategies. In announcing the survey, Davis had this to say on the city web page:

“For far too long we’ve seen people of color targeted by police and underserved by those in power. Seeing the brutalization and death of individuals at the hands of those who are supposed to protect and serve is a disgrace to our nation and I’m glad to see so many people stand up, say “Black Lives Matter,” and work to reconfigure our systems in ways that work for all.

… .”

The link to the survey with the full statement is here:

https://mailchi.mp/patforabq.com/lets-talk-about-blm-defund-the-police-whats-next-for-abq?fbclid=IwAR02pMaeaBpubiam49wJXhrNtb-Wes4EuNHGvCWacW1ikuEzW21XYgjJKoc

The survey was conducted and made available by email and online from Friday, June 13 through Monday, June 15, 2020. According to the survey city web page, 10,053 completed the survey by June 15. On June 16, Davis announced the results of the survey on the city web page and said:

“Our country is coming to a reckoning with the systemic racism inherent in our policing systems, and our city is not immune. In a time when options for in-person dialogue is limited, we have to work even harder to include community input into the decisions elected leaders will be called to make in the coming months. That’s why we created this platform for input and why I’m proud to share the results with our City”

You can review the results of the survey here:

https://www.cabq.gov/council/find-your-councilor/district-6/news/9-500-residents-provide-input-on-police-reform-through-councilors-community-survey

News coverage is here:

https://www.krqe.com/news/albuquerque-metro/city-council-to-discuss-call-for-defunding-police/

https://www.krqe.com/news/albuquerque-metro/online-survey-results-show-residents-view-on-police-reform-in-albuquerque/

CATALYST FOR COURT DOCUMENTS TO BE PROVIDED

One reaction to the on line survey was confidential sources coming forward with information regarding the civil litigation where Pat Davis was named as a defendant for his conduct as a UNM Police Officer and in a Washington, DC criminal case and his involvement in an officer involved shooting where he shot someone.

The earliest case where court documents were provided is a 2004 officer involved shooting case where Davis use deadly force against an African American during a traffic stop. Court documents were also provided in 2 civil cases, one filed in 2007 and one in 2008. Davis was sued along with others he was working with, for civil rights violations, false arrest and imprisonment, and negligence while he was a UNM Police Officer relating to unlawful searches of private residences for marijuana and illicit drugs.

ALBUQUERQUE JOURNAL REPORTS ON DAVIS 2004 POLICE OFFICER INVOLVED SHOOTING

In December 2004, after about three years with the Washington D.C. Police Department, and several months after his officer involved shooting, Pat Davis came to Albuquerque and became a lieutenant for the University of New Mexico campus police. It was in October, 2015 that Davis was elected to the City Council

On February 6th, 2017, the Albuquerque Journal published a story on the August 31, 2004 police officer shooting by then DC Police Officer Pat Davis.

Following are relevant portions of the report:

HEADLINE: ABQ councilor seeking police reforms has an insider’s perspective

BY RYAN BOETEL / JOURNAL STAFF WRITER
Monday, February 6th, 2017 at 12:02am

“The officer, Pat Davis, now a city councilor in Albuquerque, drew his weapon and fired into the car twice, striking the suspect in the shoulder. Davis fell to the ground and the car ran over his leg. The driver crashed the car and was taken into custody.

He said it took him about a month to realize the gravity of the situation and to realize that he needed additional time to decompress.
…
Davis said a group of D.C. officers trained by the DOJ completed the investigation and submitted the case to a federal grand jury, which produced a report on the shooting before Davis returned to work.
…”

The link to the complete Albuquerque Journal article is here:

https://www.abqjournal.com/943318/davis-has-insiders-perspective-on-reforms.html

OMMISIONS IN ALBUQUERQUE JOURNAL REPORT

The version and details given of the August 31, 2004 shooting by Pat Davis and reported by the Albuquerque Journal are significantly different than what was found by a Federal Court Judge in the criminal case. (See below case study)

What the Journal news report failed to report on the incident are the following:

1. The shooting happened after a routine traffic stop for the drivers failure to signal a left turn and the passenger failing to wear a seat belt.

2. The driver and the passenger were both male African Americans.

3. It was Pat Davis who escalated the traffic stop by lunging into the vehicle to get a gun he had seen that the driver was trying to hide in the vehicle console or glove compartment resulting in a struggle.

4. The driver did not crash the car but drove off injured and it was only much later that he was found and taken into custody after Davis identified him.

5. Davis did not say he was threatened by the driver with the gun nor did Davis say the driver pointed the gun at him.

6. Davis fired his service revolver into the moving vehicle escalating the incident instead of backing off or standing down.

7. The driver was charged by the police with “Assaulting, Resisting or Interfering With a Police Officer With A Dangerous Weapon” but the federal grand jury Davis referred to in the Journal article returned a “NO BILL”, meaning it declined to charge the driver with the felony and resulting in the case being dismissed against the driver who he had shot.

CASE STUDIES

The first case is a 2004 officer involved shooting in Washington D.C. where Police Officer Patrick Davis shot and seriously injured an African American after a minor traffic stop for failure to signal a left turn and a passenger not wearing a seat belt.

The next two cases are civil actions filed in 2007 and 2008. One case involves the execution of a “sealed search warrant” for marijuana by 21 law enforcement personnel, including Pat Davis as a UNM Police officer, who stormed a home, broke in and caused $20,000 in property damaged searching the home. The next case involves the unauthorized search of 2 homes without search warrants where the homes located in Corrales were occupied by single women. UNM Police officer Pat Davis along with two other UNM Police officers essentially coerced both woman to allow searches of their homes without court approved search warrants.

All 3 cases combined reveal an alarming pattern of violating people’s civil rights and unconstitutional policing practices by Pat Davis as a police officer. As City Council President, Pat Davis is calling for major changes and reforms to the Albuquerque Police Department (APD). Davis is questioning and challenging police practices, policies, procedures, training and funding of APD.

COURT DOCUMENTS REVEAL DETAILS OF 2004 “OFFICER INVOLVED SHOOTING” INVOLVING PAT DAVIS AS WASHINGTON, DC COP

Davis in his February 6th, 2017 Albuquerque Journal article described himself as a “zero-tolerance” cop, “the kind you wouldn’t want to pull you over”. and is quoted as saying “I came from a conservative background. … If you broke the laws, there are consequences for that.” Washington, D.C. resident Moses Bell, who is African American, found out the hard way that Davis was indeed “the kind of cop you wouldn’t want to pull you over.”

On September 30, 2004 United States Federal Judge John H. Bayly, Jr. for the Superior Court for the District of Columbia , Criminal Division, filed adopted “FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DETENTION PENDING TRIAL” in Case No. F-5513-04, UNITED STATES OF AMERICA VS. MOSES M. BELL.

The court order contains the following introduction and “findings of fact”:

“This matter came before the Court on September 13, 2004, upon the motion of the United States to hold the defendant without bond pending his trial within one hundred days pursuant to 23 D.C. Code§ 1322(b)(l)(A). Having considered the factors enumerated in 23 D.C. Code§ 1322(e), the Government’s proffer of the defendant’s prior record and indicia of risk of flight, and the arguments of counsel for the defendant and Government, in accordance with 23 D.C. Code § 1322(g)(l), the Court makes the following findings of fact and conclusions of law:

The defendant was transported to Howard University Hospital where he was treated for his injuries. A WALES check revealed that the defendant is also currently wanted for Kidnapping While Armed on USW#l 723-03 held by the D.C. Superior Court.
… .”

COMMENTARY AND ANAYLSIS

There are a number of questions that arise when you analyze the fact scenario of the shooting found by the federal judge in his adopted “Findings of Fact”.

The first question is whether Officer Davis was looking for a reason to pull over the 1986 Nissan 300 ZX. The routine traffic stop was justified in part because the passenger was not wearing his seat belt and the driver failed to make a left turn signal, both minor traffic offenses. The minor traffic offenses observed were grounds to stop the two individuals and to further investigate them. Nothing is mentioned if Davis nor his partner knew anything about the criminal background of the two passengers or if any outstanding arrests warrants were pending. In other words, at the time of the traffic stop all they knew they had were two minor traffic offenses and nothing more.

Only Davis and his law enforcement partner know if the traffic stop was a pretense to investigate the two African Americans. The court’s findings of fact are verbatim from the charging document that states “two black males” and “a black male subject exit the passenger side of the vehicle.” It is troubling that the charging language makes two references to “black” and not to suspects. Ethnicity has nothing to do with the misdemeanor charges. This distinction was ostensibly important for Officer Davis and his partner to place in the charging document. Otherwise, they he would not have done it.

The second question is whether Officer Davis took the appropriate action under the circumstances to protect himself, his partner and for that matter the suspects from any injury. When Davis saw Mr. Bell trying to hide the handgun, the courts findings of fact are made clear by what was not found by the court. First, Mr. Bell is not aiming the handgun at or trying to shoot Officer Davis. Second, Bell was not described as agitated and was not yelling or making verbal threats to Davis. Third, and most importantly, Mr. Bell is seen trying to hide the weapon in the console and is not threatening anyone with the handgun. This was a critical point in time. Officer Davis had the choice to either de-escalate or to escalate the situation to a confrontation.

Had Davis chosen to de-escalate the situation, Officer Davis would have stepped back along the side of the car, away from the car door and into Mr. Bell’s “blind side”, ordered him to first take his hands off the gun, turn off the vehicle, and place his hands on the steering wheel first and then step out of the car, and once out of the car, step away from the vehicle, removing himself from the proximity of the car and the handgun. Tragically, this did not happen and it can only be speculated if Mr. Bell would not have been shot and killed.

Instead, Officer Davis escalated the situation by reaching into the vehicle apparently not saying anything in order to get a surprise advantage and he tried to grab the gun from Mr. Bell resulting in a struggle to retrieve the handgun. This act alone was a likely violation of police standard operating procedure. By reaching into the car, Davis placed himself in a completely vulnerable position and endangered his own life and the life of his assisting officer. Davis reaching into the car as he did resulted in Bell reacting. Bell decided to drive off while Davis was partially in the vehicle dragging Davis along.

The third question and most concerning action is the unnecessary use of deadly force that Officer Davis decided to use against Mr. Bell. While Davis was partially in the vehicle, he was able to withdraw his service revolver and shoot Bell. There is no indication that Officer Davis ordered Mr. Bell to stop the vehicle or that he would use potential lethal force against him. There is also no indication that Officer Davis was willing to let Mr. Bell escape and then find him later. The car was not stolen and Officer Davis had already taken down the license plate information. Instead, Officer Davis shot Mr. Bell in the shoulder at almost point-blank range. At this point, we can only speculate just how close Officer Davis came to shooting Mr. Bell in the head or heart to kill.

A major red flag is what community members thought of how Officer Par Davis conducted himself in regards to Mr. Moses Bell. The court record indicates that on October 13, 2004, the Grand Jury declined to indict Mr. Bell on the charges of “Armed Kidnapping” (pulling Davis along in the vehicle) and “Assaulting, Resisting or Interfering With a Police Officer With A Dangerous Weapon” (the scuffle over the handgun). The Grand Jury were not willing to indict Mr. Bell with two very serious felony charges, Armed Kidnapping and Assault on a Police Officer With a Dangerous Weapon. This means the grand jury felt there was “no probable cause” to charge Mr. Bell. The grand jury essentially did not believe what Officer Pat Davis was alleging, which was he was “fearful for his own life” .

THE TWO CIVIL LAWSUITS

Following is a summary of 2 civil lawsuits where Pat Davis was sued along with other law enforcement sworn police.

In the first lawsuit is a civil “COMPLAINT FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS”.

The second lawsuit is a civil “COMPLAINT FOR FALSE ARREST AND IMPRISONMENT, NEGLIGENCE AND CIVIL RIGHTS VIOLATIONS”.

In both cases, Davis was sued in his individual and personal capacity and in his official capacity as a UNM Police Officer. Both civil cases were settled with thousands paid in taxpayer money to the Plaintiffs for damages. In one case, the amount of taxpayer money paid to settle is disclosed. The specific amounts of the settlement paid in the second case and the terms of any release of claims is not known likely because the release of claims was not filed with the court to keep it confidential from the public.

AARON FLORES, ARTURO FLORES AND CECLIA FLORES vs PATRICK DAVIS, ET AL, “COMPLAINT FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS”, NEW MEXICO SECOND JUDICIAL COURT, CV-2008-03890

In 2008, CV-2008-03890 was filed in the Second Judicial Court, County of Bernalillo, by Plaintiffs AARON FLORES, ARTURO FLORES AND CECLIA FLORES naming as a defendant PATRICK DAVIS, in his individual and personal capacity and in his official capacity as a University of New Mexico Police Officer.

This lawsuit names as defendants 14 Albuquerque Police Officers (APD) and 7 Bernalillo County Sheriff Officers (BCSO) in their individual and personal capacities and official capacities.

The alleged facts of the civil complaint relate to the execution of a court “sealed search warrant” on December 17, 2007 of a private residence owned by Arturo Flores and Celia Flores as husband and wife who resided elsewhere in another home they owned. The home searched was occupied by their son Plaintiff Aaron Flores along with a recent tenant who was a friend from high school of Aaron Flores and was renting one room of the home. According to the facts alleged in the complaint, a search warrant was secured for the home with the tenant boarder as the “target” of the warrant and who was alleged to be a marijuana drug dealer.

FACTUAL BASIS ALLEGED IN FLORES CIVIL COMPLAINT

On December 17, 2007, at approximately 9:10 pm in the evening when no one was at home at the residence, the 21 named defendant law enforcement officers stormed the residence to execute a “sealed search warrant”. Three “flash bang” grenades were hurled into the home causing damages to the walls and which started a fire that required the Albuquerque Fire Department to be dispatched. According to the complaint, the defendants, which included Davis, broke in two front doors, wrought iron works, broke windows and interior doors, broke a car window, broke a sliding gate to the home and “”trashed” the interior of the home including breaking furniture in a search for evidence of a crime, but no evidence of any crime was found against the plaintiffs nor their renter.

A neighbor called Arturo Flores about what was happening at the rental home and Flores immediately went to the residence. Arturo Flores was told by the defendants “a lot of traffic came to and from this house”, and that it was a “drug house” an allegation which was false. At least $20,000 in damages to the home were alleged making it un occupiable and needing extensive repairs. The theft of personal items including a laptop belonging to Aaron Flores was reported. It is not known if any inventory of what was seized under the warrant was filed.

On November 14, 2008, the civil lawsuit filed against Pat Davis, in his individual and personal capacity and in his official capacity as a University of New Mexico Police Officer was settled for the sum of $25,000 for a full and final release of any and all claims against him as alleged by Aaron Flores, Arturo Flores and Cecelia Flores. No information is available as to what the claims against the remaining 20 law enforcement officers were settled for nor when.

BROOK BENDER AND JOAN HUGHS vs BOARD OF REGENTS OF THE UNIVERITY OF NEW MEXICO and PATRICK DAVIS, ET AL, “COMPLAINT FOR FALSE ARREST AND IMPRISONMENT, NEGLIGENCE AND CIVIL RIGHTS VIOLATIONS” , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO, CIV No. 08-C433 MV ACT

On April 29, 2008, CIV No. 08-C433 MV ACT was filed in United States District Court for the District of New Mexico by Brooke Bender and Joan Hughes naming the Board of Regents and the University of New Mexico d/b/a as University of New Mexico Police Department and UNM Police Officers Patrick M. Davis, John Doe Pacheco and Jane Does I and II, in their individual capacities and as employees of the University of New Mexico Police Department.

The factual background of the case alleged in the complaint relate to a January 8, 2008 law enforcement investigation undertaken by the Defendants against plaintiff Brook Bender at her home in Corrales, Sandoval County, New Mexico and a separate and distinct law enforcement action taken against Plaintiff Joan Bender, also at her home in Corrales.

BENDER’ S FACTUAL ALLEGATIONS IN CIVIL COMPLAINT

The complaint alleges that on January 8, 2008, the Defendant Pat Davis, along with other UNM Police went to the home of Brook Bender looking for a person named Richard Hughes and telling Bender they needed to search her home. According to the complaint, the officers did not identify themselves until Bender noticed a UNM Police Badge. The complaint alleges that Davis and the defendants told Plaintiff Bender that they knew she worked for UNM because they had found her UNM employee identification in her car next to some contraband and told her she needed to “work with them” or they would inform UNM officials about the alleged contraband found.

According to Bender’s allegations, she responded to the threats by allowing Davis and the other defendants into her home and asked to see a “search warrant”. They told Bender they did not have a search warrant, that they could easily obtain one and if she insisted on a search warrant they would “rat her out” to her UNM employer.

Bender told the defendants that Richard Hughes did not live at her home. According to the complaint allegations, Defendants insisted on searching the residents and ordered Bender to stand in her kitchen with her hands behind her back as they “tossed” the entire residents emptying out drawers and cabinets and leaving the residence in disarray. After the unauthorized search without a warrant, Bender alleges that she told Pat Davis and UNM officers she knew where the mother of Richard Hughes lived in Corrales and offered to take them to that residence. Defendants escorted Bender to their police car and assisted her into the police vehicle. Bender sat between two UNM Police as she showed them the Hughes residence. No one was home and Bender was taken back to her home by the UNM Police Officers.

HUGHES FACTUAL ALLEGATIONS IN CIVIL COMPLAINT

The Bender-Hughes civil complaint alleges that on the morning of January 9, 2008, at approximately 10:30 am, Davis and the UNM police returned to the home of Plaintiff Joan Hughes, made contact with her and announced that they were looking for her son Richard Hughes with Pat Davis providing Plaintiff Hughes with his business card.

Hughes told the Defendants that her son was in jail in Grants, New Mexico, which the defendants later confirmed, and that her son had not lived with her for several years. Davis none the less told Hughes that they had to “search her house”. Davis and the other defendants had no search warrant for the home and did not ask Hughes for permission to search her home. According to the complaint, Davis and the 3 other officers entered the home and ordered Hughes to sit on her couch while two of the defendants watched Hughes and while the others conducted and extensive searched of her home which lasted for about one hour.

According to the complaint, one defendant UNM Police Officers found pistol cartridges in Hughes bedroom, asked Hughes where the gun was and she notified them it was in her kitchen. Davis or another defendant retrieved the gun and made a call to see if it was stolen, and it was not. The complaint also alleges that Defendants found marijuana belonging to Hughes’s boyfriend. The defendants confiscated the gun found in the home and the marijuana. On January 11, 2008, Hughes secured the return of the gun from the UNM Police.

Confidential sources have disclosed that the Bender and Hughes case was settled for at least $75,000, but no verifiable court pleading nor “release of claims” in the case to confirm the date and amount of the settlement was provided by the confidential source.

COMMENTARY AND ANALYSIS

On November 27, 2014, the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA) mandating 276 reforms. APD is one of 18 municipalities in the United States under a Federal Court consent decree for excessive use of force and deadly force. The link to the CASA is here:

https://www.cabq.gov/mental-health-response-advisory-committee/documents/court-approved-settlement-agreement-final.pdf

For the last 6 years, APD has been struggling to implement all 276 reforms. The city has spent virtually millions to implement the reforms, change and write use of force and deadly force policies, provide training to all personnel, recruit and hire more sworn police, implement community base policing and training in mental health crisis intervention. The Federal Court Appointed Media has written and filed 11 Federal Monitor’s report. The Court Approved Settlement Agreement was to be fully implemented within 4 years and it has been almost 6 years and the case has not been dismissed

SOUNDS OF SILENCE

Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Pat Davis remained silent. He declined to demand accountability from the prior Republican Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Davis failed to attend any one of the federal court hearings on the consent decree. Now that APD is once again embroiled in controversy with the handing of the recent protests, Davis steps in and advocates changes and reforms to APD’s structure and management.

City Councilor Pat Davis did nothing during the last 5 years when it comes to Albuquerque Police Department (APD) reforms. Not once did Pat Davis challenge the previous Republican Berry Administration and the former APD command staff in any meaningful way demanding compliance with the Department of Justice (DOJ) consent decree and all the CASA reforms.

The litigation history of Pat Davis , especially his officer involved shooting, speaks volumes as to why for the last 5 years Davis has not challenged and has remained silent regarding the Department of Justice reforms, until now and since the murder of George Floyd.

Pat Davis’s conduct as a police officer in the Bell case coupled with his litigation history in New Mexico, reflects a clear pattern and practice of unconstitutional policing, “use of force” and “deadly force” and an attitude that he embraced a police “culture of aggression” and violations of civil rights that the reforms are designed to prevent.
No amount of opportunistic soul searching by Pat Davis to impress the Black Lives Matter movement will erase his past conduct.

PAT DAVIS NEEDS TO RESIGN HIS APPOINTED POSITIONS OF TRUST IF HE IS TRULY REMORSEFUL FOR HIS CONDUCT AS A POLICE OFFICER

All of Pat Davis’ political opponents over the years, as well as the local news media, have never fully investigated, reported on nor confronted Pat Davis in any meaningful way about the civil litigation he has been involved with as a Defendant relating to his actions as a sworn police officer here in New Mexico and in Washington, DC. His actions have cost taxpayers thousands in settlements paid.

Given what is known about City Councilor Pat Davis, his actions as a police officer, his litigation history, his credibility is in serious doubt as are his political motives. The real Pat Davis, and his lack of respect for constitutional rights are revealed by his pattern of conduct he engaged if for years and was sued for as a UNM Police Officer and his conduct as a DC Police Officer. Pat Davis has no business making decisions regarding police reforms, law enforcement policy let alone be involved in the process deciding who is fit to be a judge.

If Albuquerque City Councilor Pat Davis is sincere and truly wants to make amends for his past conduct as a police officer, he needs to show some degree of honesty and integrity and step down and remove himself as City Council President, resign from any Judicial Selection Commission he has been appointed to by Governor Michelle Lujan Grisham as well as resign as chairman of the Criminal Justice Coordinating Council. All 3 appointed positions are positions of trust and influence in our criminal justice system. His constituents can decide if they want him to continue as their city councilor.

The very last thing that is needed is for Pat Davis to serve in any one of the 3 appointed positions as someone who has “made arrests and instigated some encounters I wouldn’t be proud of today” and who has engaged in “brutalization … of those who [he was] supposed to protect and serve.”

___________________________________________________

PAT DAVIS AGGRAVATED DWI ARREST

On July 28, 2013, Pat Davis, then age 35, was the chair of the Albuquerque Metro Crime Stoppers and the Executive Director of Progressive Now when he was arrested by BCSO Sherriff’s Deputies around 12:30 a.m. on the 1300 block of Broadway under suspicion of drunk driving. Deputies arrived at the minor accident where Davis had ran into another vehicle to find Davis who appeared drunk, had slurred speech, bloodshot watery eyes and the smell of alcohol on his breath.

On the police audio tape, Davis was told by the BCSO Deputy he could smell alcohol on Davis and asked Davis if he had consumed any alcoholic beverages that evening. Davis is heard to say “no” on the tape, said he had not been drinking and what the officer was smelling was SCOPE mouthwash. Davis referred the officer to a mouthwash bottle in his car. When asked about his slurred speech, Davis can be heard on the audio tape telling the deputy “My speech is not usually slurred. I have a southern accent and been a cop for 10 years.” Davis was born in Georgia, and was claiming he still had an accent. The investigating deputy found a travel-sized bottle of SCOPE mouthwash in Davis’ vehicle but at the license revocation hearing the sheriff officers could not say if and when Davis may have used it the night of his arrest. Davis was administered a field sobriety tests which he failed. Davis submitted to 2 separate alcohol breath tests that showed his blood-alcohol concentration was .19 and .18 respectively.

https://www.abqjournal.com/226603/pat-davis-chair-of-abq-crime-stoppers-charged-with-dwi.html

Under New Mexico law, DWI is driving with a blood alcohol concentration (BAC) of 0.08 percent or more. Aggravated DWI occurs when .16 BAC or above is found or when there is refusal to take breath or blood test, or being involved in a crash that caused bodily injury while DWI. The mandatory minimum jail time for a first time Aggravated DWI/DUI is 48 hours in jail. The 1st offense carries a basic sentence up upwards of 30 days in jail with an additional mandatory 2 days jail without suspension.

https://newmexicocriminallaw.com/what-is-an-aggravated-dui/#:~:text=In%20New%20Mexico%2C%20a%20DUI,penalties%20than%20a%20basic%20DUI.

Davis plead guilty in February 2014 to a first-offense driving under the influence of alcohol and fought the Aggravated DWI charges. Davis was given a deferred sentence with no jail time if he completed 6 months’ probation and 6 months of having an ignition interlock system in his car with random breath alcohol tests and random urinalysis and was given no jail time.

The link to the story on fighting the DWI charges by Davis is here:

https://www.abqjournal.com/646677/candidate-fought-charges.html

On November 6, 2013 after an administrative law hearing before a hearing officer with the Department of Taxation and Revenue, which issues drivers’ licenses, the driving privileges of Pat Davis were suspended for 6 months and he was ordered to install an ignition interlock in any vehicle he drove.

The caption and cause number are: STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT IMPLIED CONSENT ACT, IN THE MATTER OF THE PROPOSED REVOCATION OF THE NEW MEXICO DRIVING PRIVILEGES OF PATRICK DAVIS NOTICE OF REVOCATION NO. 20677985) Davis completed the 6-month suspension of his license.

On June 9, the blog article entitled “Defund The Police”: A Tale of Two Cities, A Tale Of Two Mayors, The Crossroads They Both Face And What It Means To Their Political Futures” was published. It was a lengthy read but had a higher than normal spike of “reads and shares”. A lot has happened since. Below is a “cliffs notes” version of the article followed by news links to recent events:

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us … “

Charles Dickens, Tale of Two Cities

Minneapolis and Albuquerque are a tale of two cities. A tale of two young, highly educated, up and coming, charismatic, progressive, Democrat Mayors. Two Mayors essentially coming from white privilege backgrounds.

Both cities are the largest cities in their states with large minority populations, one African American the other Hispanic. Both cities have police departments roughly the same size. Both cities are dealing with deadly force killings by the police, one city with an extensive history of it and the other with a recent killing. Both cities are dealing with protests, sometimes peaceful, sometime violent, sparked by the killing of African American George Floyd by the police.

The first Mayor, Jacob Frey, 38, had the murder of George Floyd occur in his city. The second Mayor, Tim Keller, 41, is dealing with a police department struggling to implement sweeping federal court mandated reforms relating to “excessive use of force” and “deadly force” after a finding of a “culture of aggression”. Both Mayors consider themselves civil rights advocates, condemn racism, want inclusion and racial equality. It’s doubtful both Mayors have ever experienced police racism. Both Mayors are walking a tight rope while juggling police relations and protests over the murder of African American George Floyd. Both are being confronted with cries to “defund the police” and to do more to deal with racism.

Mayor Frey attended a June 6 Minneapolis protest advocating the abolishment of the Minneapolis Police Department. Looming above Frey was an African American woman with a microphone who asked Frey if he would commit, on the spot, to defunding the police department shouting to the Mayor, “It is a yes or no.” Mayor Frey took the microphone, and said in a barely audible voice muffled by a face mask: “I do not support the full abolition of the police.” Protesters booed him loudly chanting “Go home, Jacob, go home!” and “Shame! Shame!” Frey then turned and left.

Mayor Keller has spoken at protests events, but has not been met with the hostility Mayor Frey has endured, until recently. At a vigil for George Floyd, Keller took to the podium and began by saying “I can’t breathe” quoting George Floyd. As Keller continued, he was heckled with the chant and the slogan “defund the police”. Based on the surprise look on his face, Keller was puzzled why he was being interrupted. The chant was coming from young protesters in the back that had attended a rally the night before. Undeterred, Keller ignored the hecklers, proclaimed his “Office of Equity and Inclusion” and police reforms are working. Keller left after being questioned about defunding APD.

Some people will no doubt say politicians invited to appear at protests to speak is a good thing and leadership. It’s not governing. It makes it very difficult for elected officials to make the hard and necessary decisions and encourages pandering. Now is not the time for politicians to try and say what they have done in the past, how good they are doing on the job and what they are trying to do to solve problems.

What is happening in both cities is the protesters movement, their moment in time. Both Mayors need to listen to the concerns of the minorities that they are not a part of but nonetheless represent as Mayor of their respective cities. Attend the protest, listen to what is being proposed, confer, not confront protesters and then move for substantive change.

The link to the full blog article is here:

https://www.petedinelli.com/2020/06/09/defund-the-police-a-tale-of-two-cities-a-tale-of-two-mayors-and-what-it-means-to-their-political-futures/

NEWS UPDATES:

ALBUQUERQUE MAYOR TIM KELLER AND THE CITY COUNCIL

On Friday, June 13, Albuquerque City Council President Davis announced that he and the city council have come up with their own plan to overall the Albuquerque Police Department. Davis does not think the council’s reform plan will mean fewer police officers for the Albuquerque Police Department (APD). Davis said police officers should not be responding to many calls involving a mental health crisis, homelessness and other behavioral health-related issues.

The Davis proposal would change multiple levels of the department, from reorganizing the police budget and officers’ jobs on the street to emphasizing behavioral health assistance and studies to determine the best route for community engagement. Davis said he believes the city can rededicate $1 million of APD’s $207 million budget to community organizations and social services. Davis is also suggesting a 24/7 dispatch line for calls regarding the homeless that would be answered by those in a public health role and not by the APD reducing APD’s volume of 911 emergency calls.
Davis also announced that the council will meet with the community in July to gain input into possible changes to APD’s budget, police operations and other avenues where funds could be placed to better the community.

https://www.abqjournal.com/1465979/council-leader-unveils-police-reform-proposal-ex-more-community-engagement-rerouting-of-some-calls-included.html

On June 14, Mayor Tim Keller announced plans to create a new Public Safety Department that would send trained professionals to respond to certain calls for help in place of armed officers. The Albuquerque Community Safety Department would have social workers, housing and homelessness specialists and violence prevention and diversion program experts who would be dispatched to homelessness and “down-and-out” calls as well as behavioral health crises. The new department would connect people in need with services to help address any underlying issues. The department personnel would be dispatched through the city’s 911 emergency call system. The intent is to free up the first responders who typically have to deal with down-and-out and behavioral health calls.

The link to a full front-page journal article is here:

https://www.abqjournal.com/1466317/mayor-proposes-public-safety-department.html

The day after the Mayor Keller’s announcement that he would like to create a Public Safety Department involving behavioral health, homelessness, addiction and other social issues, it was reported that very few details had been worked out and the new department is still in the planning process. According to the Keller Administration, the city has some of the groundwork laid out through existing programs but that a lot of the details still need to be worked out. The Keller Administration said rough estimates suggest the new Community Safety Department will need 32 people for each its 6 area commands, staffed around the clock, to respond to tens of thousands of calls a year. The Keller Administration intends to submit a final fiscal year budget in August for City Council budget hearing.

https://www.abqjournal.com/1466672/details-about-mayors-public-safety-proposal-remain-scarce.html

Mayor Tim Keller, despite the change in the national conversation and calls for police departments to be defunded, said his goal is still adding 100 police officers every four years to the point APD is fully funded with 1,200 sworn police. It is projected APD will have 985 sworn police officers after the graduation of the July APD Academy class.

MAYOR KELLER ADVISOR INVOLVED WITH JUNE 15 ONATE PROTEST

Another controversy is emerging across the country from the protests over the killing of African American George Floyd by a Minneapolis Police Officer. The controversy is the appropriateness of monuments or statues erected across the country to individuals or causes viewed as representing the oppression of African Americans, slavery and racism.

On June 15, a man was shot in Old Town over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The shooting occurred during a protest for the removal of the figure of Juan de Onate de Salazar in the sculpture. Ornate is the European and Spanish explorer who came to New Mexico . Onate is extremely controversial, especially with New Mexico Native Americans, and is known for the 1599 Acoma Massacre. Mayor Keller is now dealing with the after-math controversy over APD’s handling of the protest.

An interesting aspect of the June 15 protest is that one of Mayor Keller’s political campaign consultants, Neri Olguin, attended the protest. In 2017, Tim Keller was the only candidate for Mayor who had a measured finance committee called “ABQ FORWARD TOGETHER” formed on his behalf to support his run for Mayor. Neri Olguin is identified on the City Clerk’s web site as the chairperson for “ABQ FORWARD TOGETHER” whose purpose was “to support Tim Keller’s bid for Mayor”. Neri Olguin is with “Olguin Campaigns and Communications” and its web site lists as former clients the “2008 Tim Keller for State Senate (Primary)” and “Tim Keller for State Senate District 17 (General, 2012)”. The September 22, 2017 Campaign Finance report for “ABQ FORWARD TOGETHER” reflects that it it raised hundreds of thousands of dollars for Keller, even though he was a public financed candidate.

Olguin’s FACEBOOK page reveals that she attended the June 15 protest and she claims on her FACEBOOK page the protesters were the peaceful ones at the event. Confidential sources have disclosed that Olguin was involved with the planning of the protest. There is no information available as to if Olguin has contacted Mayor Keller about APD’s handling of the incident. Olguin was also involved with the recent city council campaign of Isaac Benton for re-election with Benton now highly critical of APD’s handling of its response to the protest and demanding an inquiry.

MINNEAPOLIS MAYOR JACOB FREY AND THE CITY COUNCIL

On Jun 15, the Minneapolis City Council unanimously passed a resolution intending to disband their police department and create a new model of public safety in response to the death of George Floyd. The resolution states the council will start the year-long process of research and community engagement to discover a replacement. the Minneapolis 2020 budget allocated $193 million to its police department, which the resolution said was more than double the amount allocated for affordable housing and violence prevention. the city’s total adopted budget was about $1.5 billion.

A key element of the Minneapolis City Council plan is the creation of a “Future of Community Safety Work Group” tasked with coming up with “strategies for building this new model for cultivating community safety.”

https://www.thecentersquare.com/minnesota/minneapolis-city-council-votes-to-replace-police-with-another-model/article_b621ffd0-af39-11ea-86b8-47a8dc5eced3.html

According to the text of the resolution, those strategies could include:

• Intermediate policy changes, investments and partnerships that center a public health approach to community safety and support alternatives to policing

• Research and engagement to inform the potential creation of a new City Department of Community Safety with a holistic approach to community safety, including a review and analysis of relevant existing models and programs and practices that could be applied in Minneapolis

• Recommendations that advance the work of the 911 working group and other strategies for transitioning work of the Minneapolis Police Department to alternative, more appropriate responses to community requests for help and identifying the resources needed to perform this work in City departments, other agencies, and/or community partners while the work of creating a new public safety system is in progress

• Recommendations for additional community safety strategies that build upon existing work across our city enterprise that approaches public safety through a public health lens.

You can review the full text of the resolution here:

https://lims.minneapolismn.gov/Download/File/3806/Transforming%20Community%20Safety%20Resolution.pdf

After the vote, Mayor Jacob Frey said he had not changed his opposition to ending the Minneapolis Police Depertment and said:

“I remain opposed to abolishing the Police Department. … We should unite behind deep structural reform and transformative public safety changes in partnership with community and under Chief Arradondo’s leadership. Minneapolis residents deserve clarity in purpose and deliberate planning as we move forward.”

Mayor Frey announced the formation of three Public Safety Transformation task forces. The groups are expected to include “national partners, local systems, and community partners” who will deliver recommendations to the mayor. The national subgroup will study practices used by other cities, while the local subgroup will be asked to develop plans for implementing any changes. Mayor Frey had this to say:

“Undertaking significant, structural change to how we do public safety will demand the best ideas not just from local government but from community and national experts as well. By considering best practices and policy recommendations from across the country, centering community in the conversation, and thinking big about solutions beyond policing, we’re setting the stage for deliberate and lasting change for the people of Minneapolis.”

https://www.kare11.com/article/news/local/minneapolis-city-council-approves-year-long-process-to-rebuild-public-safety/89-79ccc65d-7adf-4645-9450-c39f25f2c049

___________________________________

POSTSCRIPT

MEANING OF “DEFUND THE POLICE”

Disbanding entire police departments has happened before in the United States cities. In 2012, with crime rampant in Camden, New Jersey, the city disbanded its entire police department and replaced it with a new force that covered Camden County. Compton, California, took the same step in 2000, shifting its policing to Los Angeles County. Like it or not, the same thing could easily happen here in Albuquerque.
The “defund the police” movement can be defined in simple terms as meaning taking funding away from police forces and invest or reallocate those funds into social programs to address the real causes of crime.

Patrisse Cullors, a co-founder of the Black Lives Matter movement put it this way:

“It’s not just about taking away money from the police, it’s about reinvesting those dollars into [minority] communities. Communities that have been deeply divested from, communities that, some have never felt the impact of having true resources. And so we have to reconsider what we’re resourcing. I’ve been saying we have an economy of punishment over an economy of care.”

https://www.usatoday.com/story/news/nation/2020/06/08/what-does-defund-police-mean-george-floyd-black-lives-matter/5317240002/

Advocates of “Defund the Police” insist that it is not about eliminating police departments or stripping police agencies of all of their money. What they do say is that it is time for the country to address systemic problems in policing in America and spend more on what communities across the United States need such as housing, education and economic development and job growth.
In Minneapolis the group MPD150 says it is “working towards a police-free Minneapolis,” and the group wrote on its website:

Defund the Police is more about strategically reallocating resources, funding, and responsibility away from police and toward community-based models of safety, support, and prevention. The people who respond to crises in our community should be the people who are best-equipped to deal with those crises, [not the police]”

United States Representative Karen Bass, D-Calif., chairwoman of the Congressional Black Caucus, said part of the “defund the police” movement is really about how money is spent and had this to say in an interview with CNN:

“Now, I don’t believe that you should disband police departments. … But I do think that, in cities, in states, we need to look at how we are spending the resources and invest more in our communities. … Maybe this is an opportunity to re-envision public safety,”

Black Lives Matter co-founder Alicia Garza asked during an interview on NBC’s Meet the Press said:

“Why can’t we look at how it is that we reorganize our priorities, so people don’t have to be in the streets during a national pandemic?”.

Activists acknowledge that to “defund the police” will be a long and drawn out process, predominantly because law enforcement in general are supported by their communities. In New York City, Mayor Bill de Blasio said that the city would move funding from the NYPD to youth initiatives and social services, while keeping the city safe, but he didn’t give details. In Los Angeles, Mayor Eric Garcetti vowed to cut as much as $150 million that was part of a planned increase in the police department’s budget.

Links to news sources and related news coverage are here:

https://hosted.ap.org/dailytimes/article/157539e98d2b6a546ca5ecdf4f88f098/when-protesters-cry-defund-police-what-does-it-mean

https://www.startribune.com/movement-to-defund-police-sees-minneapolis-as-proving-ground/571116932/

https://www.cnn.com/2020/06/06/us/what-is-defund-police-trnd/index.html#:~:text=Defunding%20law%20enforcement%20%22means%20that,have%20been%20deeply%20divested%20from.%2

June 18 is the start of the New Mexico special legislative session to deal with the state’s deficit and to adjust the state budget amid historical deficits the result of the COVID-19 pandemic business closures and the collapse in oil revenues. Governor Michelle Lujan Grisham and New Mexico lawmakers are faced with more than $2 billion budget deficit that they will be dealing with during the special session. The state is projecting a $375 million revenue loss for the current budget year and a $1.976 billion revenue loss for the Fiscal Year 2021 budget which begins on July 1, 2020. The Governor and legislative leaders are expected to rely heavily on reserves to fill the shortfall.

GOVERNOR’S SOLVENCY PLANS

Governor Lujan Grisham has said her solvency plan would largely protect public schools from budget cuts while leaving the state’s cash reserves at about 12% of spending levels. The Lujan Grisham Administration is recommending using $193 million in reserves to partly cover the current budget shortfall using $873 million to plug the 2021 fiscal budget. Overall spending would be reduced in fiscal year 2021 by $652 million. State agency spending would be reduced by between 1% and 4%. Under the Governor’s proposal, salary increases for teachers and state employee’s government would be cut in half, from 4% to 2%. If the state uses nearly $800 million in reserves to help fill the budget gap, as the Governor is proposing, that would leave the state with upwards of $900 million in reserves representing about 12% of the state’s recurring budget.

During a news conference announcing her solvency plan, Governor Lujan Grisham had this to say:

“I think it’s an incredibly responsible approach. … I feel as good as I can that we’re going to be in the best possible position. … It’s smart, it’s effective and that’s why you have reserves so that you don’t collapse your entire operational system because you weren’t prepared for a rainy day. … We’re prepared and I think that legislators are going to feel like this is responsible investing in our futures and a good solvency plan.”

https://www.krqe.com/news/politics-government/governor-lawmakers-eye-reserves-cuts-to-fill-nearly-2-4b-budget-hole/

LEGISLATOR’S SOLVENCY PLAN

Legislative Finance Committee (LFC) solvency plan is to reduce fiscal year 2021 spending by $587 million, not by the $652 million proposed by the Governor, and trim state agency spending by between 2% and 4%. The LFC plan would provide for either 1% or no salary increases for teachers and state employees

In addition to using upwards $800 million in reserves, lawmakers are looking at using about $725 million of Federal “CARES Act” stimulus funding to help close the budget gap. However, budget cuts are also expected.

The LFC is also recommending eliminating the $17 million for a tuition-free college program that Governor Lujan Grisham successfully was able to secure during the 30-day legislative session. The funding is left intact under the governor’s solvency plan.

Disagreement is emerging over what to cut and was highlighted in an LFC meeting. When discussing capital outlay cuts, Democrat House Representative Javier Martinez, Bernalillo, raised concern over the possibility that most of the cut projects would be coming from Bernalillo County and said:

“It’s a big lift for us to carry and looking at that list, there are parts of the state that are not losing any capital outlay, certainly not in the way we [Bernalillo County] are, so I’m just putting that out there for you guys to think about. … With the economy of Albuquerque, that’s where the rest of the state is going to go, I mean, at this point we are the economic engine, it’s not the southeast anymore, it’s us.”

COMMON GROUND

The Governor’s solvency plan and the LFC’s solvency plan do share some common ground in a few areas Both solvency plans will reduce the size of the annual State Government spending to about $7 billion which is roughly the same level spending as that of the current year’s fiscal budget that ends June 30, 2020.. Both call for canceling some approved road construction and other infrastructure projects and reducing the funding for a newly approved early childhood trust fund by $20 million, which would be going from $320 million to $300 million.

GOVERNOR’S CALL

On June 17 Governor Michelle Lujan Grisham issued her call on other legislation she wants to be considered during the special session. According to a press release, the Governor wants New Mexico Legislature to consider legislation that includes tax relief for individuals, loans for small businesses and local governments, police reform and election improvements.
Following is the additional legislation she is requesting to be considered during the special session:

1.Requiring police officers to wear body cameras, banning chokehold restraints, and making police disciplinary history a matter of public record. According to the Governor’s press release “these measures have gained traction across the nation in the wake of the May 25 murder of George Floyd, a black man who died while a white Minneapolis police officer knelt on his neck for nearly 9 minutes.” Sen. Joseph Cervantes and Rep. Micaela Cadena are sponsors of this legislation. .

2.Legislation to create a state commission by statute to explore the issue of qualified immunity. This legislation is be sponsored by Speaker of the House Brian Egolf.

3.Legislation to promote and ensure the security and timeliness of remote voting during the pendency of a public health emergency like a pandemic. “New Mexico’s election code currently requires voters to request an absentee ballot before one can be issued. The proposal to be taken up by the Legislature will give county clerks the authority to send a ballot to registered voters with a current mailing address and will allow voters and election administrators to track their ballots through the mail delivery system to help ensure timely delivery of their ballots.” This legislation is sponsored by Sen. Daniel Ivey-Soto and Rep. Linda Trujillo.

4.The Governor is asking “the Legislature to waive penalties and interest for small businesses and individuals who have been unable to make timely property tax and gross receipts tax payments due to the economic impact of the pandemic.” The severance tax support for small businesses and municipalities is being sponsored by Sen. Jacob Candelaria, Sen. John Sapien, Rep. Daymon Ely and Rep. Marian Matthews. The tax relief proposal is sponsored by Sen. Peter Wirth and Rep. Christine Chandler.

5.Legislation “ to approve a proposal to direct the State Investment Officer to invest a portion of the state’s multibillion-dollar Severance Tax Permanent Fund to support loans to small businesses and municipalities impacted by the COVID-19 pandemic. The low-interest, long-term loans would help municipalities meet budget shortfalls and get businesses back on their feet following COVID-19-related closures.”

6. The Governor is asked in her call for “Legislature to temporarily endorse gubernatorial flexibility and authority to assist businesses amid a public health emergency or pandemic – for example, to potentially allow liquor delivery or electronic notary services.” These proposals and other potential items will be sponsored by Sen. Mary Kay Papen and Rep. Antonio “Moe” Maestas.

7. Legislation to address institutional racism is on the Governor’s call for the special legislative session. The measure would require state agencies and groups receiving state funding, to develop policies that decrease institutional racism, and require state agencies to carry out statewide evaluations of race and gender gaps in hiring, promotion and pay. They would then be required to develop plans to address any discrepancies found, as well as provide anti-racism training to employees. The legislation is sponsored by Senator Linda Lopez, Representative Patricia Roybal Caballero, and Representative Javier Martinez. A similar bill was passed in 2017 before being vetoed by then-Governor Susana Martinez. Governor Lujan Grisham did include a message during the regular 2020 session for the legislation (SB90, “Policies to Decrease Institutional Racism”), but the session ended before the bill could be brought to a vote.

The press release for the Governor’s call is here:

https://www.governor.state.nm.us/2020/06/17/governor-includes-business-and-tax-relief-public-safety-reform-election-changes-other-items-for-special-session/

“SHOW ME THE CAPITAL OUTPUT MONEY”

When the New Mexico legislature begins the special session, it has the option to turn to unspent funding for approved capital outlay projects. Last year the legislature approved upwards of $933 million worth of capital outlay projects when the state was flush in money due to the oil drilling boom in southeastern New Mexico.

The state also has about $1.2 billion in unspent funding for approved capital outlay, and some of that money can be reallocated by legislators to offset the drop in projected revenue. According to the Legislative Finance Committee (LFC), the $1.2 billion in total unspent capital outlay funds was appropriated for 2,212 projects statewide.

Democrat State Representative Javier Martínez, the co-chair of the House Taxation and Revenue Committee, said lawmakers could scrutinize infrastructure projects from previous years that have been delayed or have not begun. Capital outlay funds revert automatically if they are not spent in five years, though project funding can be reauthorized by the Legislature.

Finance and Administration Secretary Olivia Padilla-Jackson, the top budget official in the Lujan Grisham’s administration said that legislative and executive staffers were working to make recommendations about clawing back approved capital outlay funding from certain projects, including those for which work has not started.

Examples of large unspent capital outlay appropriations from 2019 are $4.1 million for a new museum of contemporary art in downtown Santa Fe, $6 million for security cameras and fire suppression systems at the University of New Mexico and $5.4 million for a road extension between Sunland Park and Santa Teresa.

New Mexico’s capital outlay system for funding improvements to roads, bridges, dams and water systems has come under scrutiny for its secrecy and lack of efficiency. Attempts to overhaul the system, which allows each lawmaker to appropriate a designated amount of money for infrastructure projects, have been unsuccessful at the Roundhouse.

Not all targeted projects might have to be scrapped, as it’s sometimes possible to shift projects’ funding source from general fund dollars to new bonds backed by future state tax dollars. The process, referred to as a capital outlay “swap,” has been used in recent years to help plug previous budget holes.

https://www.abqjournal.com/1459412/stalled-nm-capital-funds-may-help-plug-budget-gap.html

COMMENTARY AND ANALYSIS

For the full 8 years under the former Republican Governor Administration, the state was hit hard because of the great recession to the extent that state government was dramatically downsized. It was done in order to avoid any all tax increases to maintain the Republican philosophy that all tax increases are bad and government is too big and needs to be downsized.

During the last two years under first term Democrat Michell Lujan Grisham, the State was able to get things back on tract primarily because of the massive surplus resulting from the oil and gas revenues associated with the oil boom. Just as the state was pulling out of the 10-year great recession, the country and state get hit and get hit hard in the gut with the corona virus pandemic. The pandemic resulted in business closures and layoffs with the stock market crashing and the New Mexico oil industry imploding because the price of crude oil went from $50 a barrel to $20 a barrel. There is no doubt that the slashing of the state budget will have to be done, but the extent is still unknown.

The Land Grant Permanent Fund (LGPF), also known as the Permanent School Fund, is one of the largest funds of its kind in the country, and every year provides more than a half-billion dollars in benefits to New Mexico’s public schools, universities and other beneficiaries. In fiscal year 2020, the Land Grant Permanent Fund generated $784.2 for New Mexico Schools. Now is the time to finally divert more money to address the education needs of the state with the fund to substitute money allocated in the new budget. Further, now is the time to allocate funding form the “tax stabilization reserve fund” to deal with the budget crisis. The real problem is will it be enough to deal with the crisis or will the state deplete the entire reserve of $1.7 Billion within the upcoming year with no way of replenishing it because of the oil industry bust.

REPERCUSSIONS OF ANOTHER RECESSION

Many economists believe the state is headed into another recession. If in fact the state suffers yet another recession, the state economy will need a major stimulus. After passage of the 2020-2021 budget, the Governor vetoed $49.5 million in construction capital outlay projects and the legislature could go back an reallocate that money for construction projects to stimulate the economy. Likewise, the $100 million in line item vetoes also contained many construction projects that could help to stimulate the economy with reallocation.

An option is to repeal the new 2020-2021 budget and enact a zero-growth budget making further cuts in spending and agree to make cuts in the programs the Governor was able to secure as a result of the surplus in oil revenues. The $536 million in spending increases included in the 2020-2021 budget for state employee raises such as 4% for teachers and state employees, the $76 million to shore up the PERA pension funds, the $320 million for Early Childhood Trust Fund, and $17 million for the new college scholarship program enacted may no longer be fiscally responsible and could be cut as a last resort to balance the budget. Further, many of the vetoes of capital outlay could be reenacted again as a means of stimulating the economy.

If the State in fact plunges into another recession, which is highly likely, and its much deeper than the 10 year great recession that started in 2008, Governor Lujan Grisham will start to look and sound like their former Republican predecessors saying “cut, slash and reduce taxes at all costs” and she just might wind up serving only one term as Governor.

A FINAL WORD

Unless the votes are already lined up and a consensus on all 6 of the additional items on the call, adding the 6 legislative priorities is way too much of a heavy lift for a 4-day special session. Adding law enforcement reform measures in and of itself could be the subject of a special session and should also include responsible gun control measures. At this point, the special session should exclusively concentrate on enacting a responsible budget on not take on controversial issues that will only “muddy the waters”.

On June 15, a man was shot in Old Town over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The shooting occurred during a protest for the removal of the figures of Juan de Onate de Salazar in the sculpture. There were 5 to 6 heavily armed New Mexico Civil Guard members, some dressed in military camouflage, present trying to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person who was walking away from them, he was struck in the head with a skateboard and the person attacked drew a gun, shot numerous times, with one shot hitting one of the protesters. The shot protester was rushed to the hospital and is listed in critical but stable condition. The shooting and violence resulted in the City taking the single figure of Onate in the sculpture down.

On June 16, the Albuquerque Police Department released a photo of the 13 guns and 34 magazines taken from militia members at the protest in front of the Albuquerque Museum Monday. In the APD photo there are 4 semi-automatic rifles. A controversy is now brewing over the handling of the protest by the Albuquerque Police Department (APD). Albuquerque is damn lucky that it did not have a mass shooting given the emotional tensions that erupted and the ensuing shooting.

THE WEAPON OF CHOICE

Since 1995, the United States has had 95 mass shootings, including seven of the 11 deadliest. There is no doubt we have a deadly mass shooting epidemic on our hands.
The mass shooting with guns in the last 10 years include: Orlando, Florida (49 killed, 50 injured), Blacksburg, Va. (32 killed), San Ysidro, Cal (21 killed), San Bernardino, (14 killed), Edmond Oklahoma (14 killed), Fort Hood (13 killed), Binghamton, NY (13 killed) Washington, DC (12 killed), Aurora, Colorado (12 killed), Sandy Hook Elementary School, Newtown, Conn (21 children and 6 adult staff members killed) and the largest mass shooting in this country’s history that occurred in Las Vegas, Nevada with at least 59 dead and at least 515 wounded and the Parkland/Stoneridge High School shooting that resulted in 17 children’s deaths, El Paso,Texas, 23 dead and 23 injured.

“The deadliest mass shootings in recent history have had one thing in common: the perpetrator used an assault rifle. These weapons possess an incredible amount of killing power, and amplify the destructive will of the person who carries out an attack. Nine people died and 27 were injured in a mass shooting in Dayton, Ohio in an attack that lasted 32 seconds. The killer used an AR-15 style assault rifle.Since 1999, there have been 115 mass shootings (defined below) in which 941 people were killed and 1,431 were injured. Of those 115 attacks, 32 — just over a quarter — involved semi-automatic rifles. But those attacks accounted for 40% of all deaths and 69% of all injuries. Since 2017, 12 of the 31 mass shootings involved assault rifles — which caused 39% of the deaths and 92% of the injuries. That includes the Las Vegas massacre — which alone accounts for almost 40% of all mass shooting injuries since 1999. The perpetrator of that shooting used over 20 assault rifles during that attack.”

https://www.axios.com/deadliest-mass-shootings-common-4211bafd-da85-41d4-b3b2-b51ff61e7c86.html

After so many mass killings, it is difficult to refute that something needs to be done about semi-automatic and automatic guns such as the AR-15 which are the type used in all the mass shootings. These are also the weapons of choice that are carried by the citizen militias.

COMMENTARY AND ANALYSIS

Frankly, with so many guns seized by APD after the June 15 protest, its remarkable that the City did not have a mass shooting. The 13 guns, including 4 rifles, and 34 magazines seized is an enormous amount of firepower that no doubt could have resulted in mass injuries and killings.

People showing up to peaceful protests bearing long rifles or any other kind of firearm under the guise of protecting the general public, or for that matter themselves, and businesses from violence, vandalism and looting need to be called what they are: vigilantes. They are trying to take the law into their own hands and holding themselves out as law abiding citizens when they are not and likely having evil intent. They are “on the hunt” to be able to use their weaponry when they attend protests.

Citizen Militia’s need to be condemned in no uncertain terms. It needs to be made clear they have absolutely no business showing up armed to the hilt with assault weapons and wearing military fatigues to peaceful protests. Such conduct only intimidates and antagonizes people which is the real intent of such militias.

No doubt self-appointed “citizen militias” and their supporters will argue they have second amendment rights to bear arms. The argument is nothing but a rue and a convenient excuse to start trouble.

Second Amendment advocates represented by citizen militias always ignore and seem to want to usurp people’s First Amendment rights to free speech and assembly, which many would say are rights far more important than their right to bear arms.

After so many mass shootings and the proliferation of citizen militias, New Mexico and the country are long overdue for responsible and reasonable gun control legislation.

In New Mexico, our legislature should consider:

1. 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.
2. 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.
3. Requiring 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.
4. Enact a gun violence restraining order and extreme risk protection process to temporarily prohibit an individual deemed by a judge to pose a danger to self or others, from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove any firearms or ammunition already in the individual’s possession.
5. Restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person, including dating partners, convicted of a domestic violence misdemeanor.
6. 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.

On a federal level, congress needs to consider:

1. Implementation of background checks on the sale of all guns.
2. Close the “Charleston loophole” or “delayed denial” where federally licensed dealers can sell guns if three business days pass without FBI clearance.
3. Call for the update and enhancement of the federal National Instant Criminal Background Check system (NCIS).
4. Institute mandatory extended waiting periods for all gun purchases.
5. Implement mandatory handgun licensing, permitting, training, and registration requirements.
6. Ban “bump-fire stocks” as was used in the Las Vegas mass shooting and other dangerous accessories.
7. Ban future manufacture and sale of all assault weapons and regulate existing assault weapons under the National Firearms Act of 1934, and initiate a federal gun buyback program.
8. Impose limits on high capacity magazines.
9. Prohibit firearm sale or transfer to and receipt or possession by an individual who has: (1) been convicted in any court of a misdemeanor hate crime, or (2) received from any court an enhanced hate crime misdemeanor sentence.
10. Institute mandatory child access prevention safe storage requirements and prohibit the sales of handguns with “hair triggers”.
11. Provide more resources and treatment for people with mental illness.
12. Enhance accountability of federally licensed firearms dealers.
13. Implement micro stamped code on each bullet that links it to a specific gun.
14. Produce ‘x-mart guns’ with Radio Frequency Identification (RFID) or biometric recognition (fingerprint) capability.
15. Limit gun purchases to one gun per month to reduce trafficking and straw purchases.
16. Prohibit open carry of firearms.
17. Digitize Alcohol, Tobacco and Fire (ATF) gun records.
18. Require licensing for ammunition dealer.

Until something is done with the enactment of reasonable gun control legislation and the citizen militias that are nothing more than vigilantes on the hunt, the State and Country can expect more violence and more killings given our toxic political climate during an election year.

On June 15, a man was shot in Old Town over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The shooting occurred during a protest for the removal of the sculpture. The sculpture is a series of figures featuring a prominent figure leading the group dressed like a conquistador wearing a helmet and leading the group. Ever since the monument was erected, the lead figure has been presumed by many as being an monument to Juan de Onate de Salazar leading the conquistadors. It turns out, that is simply not true.

It has been reported by ABQ Reports that the shooting occurred when at least 3 of the protesters attacked a person who was walking away from them and he was struck in the head with a skateboard and the person attacked drew a gun,shot numerous times, with one shot hitting one of the protesters. The shot protester was rushed to the hospital and is listed in critical but stable condition. The link to the full ABQ Report is here:

https://www.abqreport.com/single-post/2020/06/16/Peaceful-mob-attacked-guy-in-Albuquerque-before-he-shot-at-them

There were 5 to 6 heavily armed New Mexico Civil Guard members present trying to “protect” the monument. In the wake of the shooting, the decision was made to take the monument down and on June 16 it was taken down. Days before, the Albuquerque Museum Board of Trustees voted to take the monument down in a meeting that was likely in violation of the open meeting act. The Museum Board of Trustees has no Hispanic members.

Links to news stories are here:

https://www.abqjournal.com/1466626/one-man-shot-during-protest-in-old-town-albuquerque.html

https://www.kob.com/albuquerque-news/one-man-injured-at-protest-near-old-town-albuquerque/5760821/?cat=500

https://www.krqe.com/news/albuquerque-metro/city-of-albuquerque-to-remove-statue-of-juan-de-onate/

Governor Michelle Lujan Grisham issued the following statement about the shooting:

“Although we are still learning more about the situation, I am horrified and disgusted beyond words by the reports of violence at a protest Monday night in Albuquerque. The heavily armed individuals who flaunted themselves at the protest, calling themselves a “civil guard,” were there for one reason: To menace protesters, to present an unsanctioned show of unregulated force. To menace the people of New Mexico with weaponry – with an implicit threat of violence – is on its face unacceptable; that violence did indeed occur is unspeakable.

“Let me be clear: There is absolutely no space in New Mexico for any violent would-be ‘militia’ seeking to terrorize New Mexicans; and there is no space for violence of any kind on our streets and in our communities, or for any sort of escalation of reckless, violent rhetoric, no matter who strikes first. The instigators this evening will be rooted out, they will be investigated, and they will be held accountable to the fullest extent of the law.”

JUAN DE ONATE DE SALAZAR

Juan de Oñate y Salazar (1550–1626) was a Spanish conquistador from New Spain. Onate was an explorer, and colonial governor of the province of Santa Fe de Nuevo México in the viceroyalty of New Spain. Historians often refer to Onate as the person who “discovered” New Mexico when he was an explorer and was claiming the land on behalf of Spain. His exploration of the Southwest is well documented and his historical significance to New Mexico cannot be disputed and for that reason he is often memorialized. The problem is, he is also extremely controversial, especially with New Mexico Native Americans.

Oñate is known for the 1599 Acoma Massacre. Following a dispute that led to the death of 13 Spaniards at the hands of the Ácoma, including Oñate’s nephew, Oñate ordered the brutal retaliation against Acoma Pueblo. In an act that many consider genocide 800 to 1,000 Ácoma were killed and the Pueblo was leveled to the ground. About 500 Acoma survived the massacre and at a trial at Ohkay Owingeh, Oñate sentenced them to 20 years of slavery. In an act of sure cruelty and oppression, Onate ordered that all Acoma men over the age of 21 have their right foot cut off to impair them in order to prevent them from being able to run a way. Onate was eventually banished from New Mexico and exiled from Mexico City for 5 years. He was convicted by the Spanish government of using “excessive force” against the Acoma people. Even to this day, Oñate is a controversial figure in New Mexican history. Over the last 30 years, the right foot of sculptures of Onate is cut off as an act of protest.

https://www.legendsofamerica.com/juan-de-onate/

IT’S NOT JUST A STATUE OF ONATE

Those who protest the work of art, even the peaceful ones, have a warped, ignorant and totally misplaced interpretation of what is depicted in the sculpture. It is a depiction of the epic journey of the first European colonists to the Southwest which were the Spanish who settled in New Mexico. The monument is entitled La Jornada (the Journey). La Jornada has nothing to do with just Onate. It was commissioned over 16 years ago and dedicated in 2004. The bronze sculptures were done by renown New Mexico artists Betty Sabo and Sonny Rivera. The series of figures and the sculpture do indeed reflect the diversity and our mixed cultures and were the product of months of extensive outreach and consensus built among Native Americans, the Hispanic community and organizations. The selection committee that awarded the commission to do the work of art to Sabo and Rivera included prominent Native Americans and Hispanics. The funds to commission the sculpture were voted on by the public.

The series of life size sculptures must be taken and viewed as one work of art. The life size figures include historian Gaspar Pérez de Villagrá, Father Gaspar Pérez de Villagrá who brough the Catholic faith to the State, Francisco de Sosa Peñalosa who was given control of “the royal standard” to rule, an ox cart to represent 83 wagons and carts of commodities brought by settlers, Doña Eufemia who was a revered and heroic women settler, a “Vaqueros-Knights-Explorer” sculpture who were the first cowboys, ranchers and farmers, various sculptures of breeding livestock brought to the state, a Shepherd carrying a sheep who brought the animals to sustain the travelers and a sculpture of a Native Americans representing Native American allies and sculptures of woman and children settlers.

A link for more information on the sculpture is here:

http://www.nmhcpl.org/uploads/La_Jornada.pdf

EMERGING PROTESTS OVER MONUMENTS

Another controversy is emerging across the country from the protests over the killing of African American George Floyd by a Minneapolis Police Officer. The controversy is the appropriateness of monuments or statues erected across the country to individuals or causes viewed as representing the oppression of African Americans, slavery and racism. In the deep south states, the monuments and statues to honor the civil war Confederacy Union and the confederate generals are being defaced with protesters wanting them torn down because they are viewed as memorials to slavery and racism.

To many, the confederate general statues are of traitors to the United States who fought the United States to allow the southern states to secede from the United States to allow those states to preserve and to continue with slavery. The Confederate red flag with a black “X” and stars is also being condemned as racist. Confederate flags are being removed from Southern State capital buildings. NASCAR is also prohibiting the confederate flags at its racing events.

Statues of explorer Christopher Columbus are being assailed because Columbus was involved in the slave trade. For decades, New Mexico has had its own version of such a movement embodied in sculptures and statues of Spanish Conquistador Juan de Oñate y Salazar.

TRUMP’S CALL TO ARMS

The rise of vigilantism throughout the country and in New Mexico is on the rise and President Trump is contributing to the toxicity. There is no doubt that President Trump promotes hostility, mistrust and violence and he thrives on it and enjoys it. Trump is incapable of understanding the anger and the frustration African Americans feel about the violence they have endured at the hands of law enforcement for so many years. He promoted violence when running for President, he does it at his rally’s and he is doing it again after the killing of George Floyd.

Trump has already begun a campaign of promoting civil disobedience during the pandemic by tweeting on April 17 “LIBERATE VIRGINIA and save your great 2nd Amendment. It is under siege!”, “LIBERATE MICHIGAN!”, “LIBERATE MINNISOTA!” There is nothing that would satisfy Trump supporters more than to blow up our democracy and simply watch as Trump enjoys while watching the country burn to the ground.

On Friday, May 29, President Donald Trump tweeted amid unrest in Minneapolis that “when the looting starts, the shooting starts”. Trump’s tweet was flagged by Twitter as violating rules against glorifying violence. The tweet was the same language used by a Miami police chief in 1967 who believed that violent protests should be met with deadly force. About 13 hours after Trumps Tweet, he took to Twitter again and to claim that he wasn’t suggesting the shooting of rioters. Instead, he said he was referring to gun violence that has been spurred by the unrest.

https://www.splcenter.org/hatewatch/2020/05/29/trump-tweets-when-looting-starts-shooting-starts-extremists-will-respond

https://kstp.com/politics/trumps-tweet-about-rioters-echoes-1960s-miami-police-chief-may-29-2020/5745055/

Soon after his telephone conference call with the country’s governors, President Trump declared himself “your president of law and order.” He went on to say:

“… If a city or state refuses to take the actions necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them. … I am mobilizing all available federal resources, civilian and military, to stop the rioting and looting to end the destruction and arson and to protect the rights of law abiding Americans, including your Second Amendment rights … . “

Trump said he would call out and mobilize “thousands and thousands “ of soldiers to keep the peace.

When Trump says “I am mobilizing all available federal resources, civilian and military, to stop the rioting and looting to end the destruction and arson and to protect the rights of law abiding Americans, including your Second Amendment rights”, many of his supporters could easily take it to mean it as call for vigilantism.

HEARING THE CALL OF THE WILD

A call to vigilantism is not as far fetched as it sounds. In Albuquerque, it was reported on KUNM that on June 2, after hundreds of people demonstrated peacefully on and around the University of New Mexico campus armed militia men showed up along Central Avenue. According to the KUNM news report, minutes after organizers told protesters to head home, the Albuquerque Police Department radio dispatch indicated officers had seen men with long guns east of UNM.

Just west of campus, protesters came upon a group of at least 9 mostly white men on the side of the road, by a white cargo van, with body armor and assault style weapons. Several protesters were upset at the presence of the armed men . One Black Lives Matter protester was so upset that he cried out repeatedly “We have a peaceful protest! … Go home! Don’t ruin it!” Other protesters urged their fellow demonstrators to ignore the provocation and keep moving.

According to the KUNM report:

“The armed men said they were from the New Mexico Civil Guard and that they were there to protect people. The militia group has been recruiting people throughout New Mexico online since March, and made a showing at an Albuquerque anti-shutdown protest in late April. A post on their Facebook page, which features pro-Trump posts and people posing with yellow “Don’t Tread On Me” flags, said their members would “be protecting local businesses every night until Sunday” amid what they called “violent protests.”

The first night of peaceful protests in Albuquerque calling for justice for George Floyd turned to violence when another group of people showed up after the protesters left. A confrontation with APD resulted, with some vandalism, but the incident ended with no one injured and the group dispersed. All subsequent protests have been relatively peaceful.

www.kunm.org/post/armed-militia-group-alarms-blm-protesters-late-monday-after-peaceful-rally

APD DISCOURAGES VIGILANTISM

On June 4, after three nights of protests, the Albuquerque Police Department felt compelled to discourage anyone from acting as vigilantes. APD’s discouragement is directly related to several groups saying they have been going to the protests to try and ease tensions and to protect local businesses while armed from break-ins, vandalism and looting. APD said that while these groups have good intentions, they’re asking them to leave public safety in the hands of trained law enforcement professionals.

APD spokesman Gilbert Gallegos put it this way:

“We don’t want outside groups no matter what they’re intentions are to go out and enforce laws … Even if they have good intentions to protect protesters or property, generally it’s a bad idea. It can actually make the job more difficult for police, it can escalate tensions with people who are out there.”

Although New Mexico is an open-carry state, and people are allowed to have guns, APD is asking anyone going to the protests to leave the firearms at home in order to avoid escalating tensions

UFC FIGHTER JON JONES

Monday June 1, it was reported that UFC fighter Jon Jones, along with a group of 10 others, joined the protesters to try to keep the protesters calm. According to Jones he did not want to see a repeat of the violence from Sunday night. Jones told KRQE News 13 he had talked to police officers about his intentions before attending Monday’s protesters. Jones told News 13:

“We’re here to try and protect the peaceful protesters and small businesses.”

APD said the meeting with Jones by APD officers was not department sanctioned. APD is investigating the incident. APD also says the officers who met with Jones’ group are not facing any disciplinary action at this time, but they’re still investigating.

https://www.krqe.com/news/protests/apd-discourages-vigilante-groups-during-protests/

https://www.abqjournal.com/1461563/ufcs-jon-bones-jones-confronts-rioters-in-abq.html

COMMENTARY AND ANALYSIS

In Albuquerque, people showing up to peaceful protests bearing long rifles or any other kind of firearm under the guise of protecting the general public and businesses from violence, vandalism and looting need to be called what they are: vigilantes. They are trying to take the law into their own hands and holding themselves out as law abiding citizens when they are not and have evil intent. They must be be condemned in no uncertain terms. It needs to be made clear they have absolutely no business showing up armed to the hilt wearing military fatigues to peaceful protests. Such conduct only intimidates and antagonizes people which is the real intent of such militias.

No doubt self-appointed “citizen militias” and their supporters will argue they have second amendment rights to bear arms which is nothing but a rue and a convenient excuse to start trouble. Second Amendment advocates represented by citizen militias always ignore and seem to want to usurp people’s First Amendment rights to free speech and assembly, which many would say are rights far more important than their right to bear arms.

Albuquerque and New Mexico are a truly remarkable blend of ethnicity, cultures and traditions that we are proud of. It’s our diversification that is a major source of strength and a testament of how we work things out to get along. There are times in our history that was not always the case, but the passage of time promotes tolerance and understanding. During these very difficult times with the entire country on edge struggling with its history of racism and compounded by the pandemic, Albuquerque and New Mexico can be the best example how people of different cultures get along and interact with each other without racism and for that matter violence.

In the meantime, anyone born and raised in New Mexico, who is half Hispanic and half Italian whose grandparents were immigrants who came to New Mexico in 1900 no doubt will continue to struggle with the appropriateness of sculptures to both Columbus and Onate.

A Black Lives Movement is now sweeping cities across the country. It is referred to as “defund the police” and is not what it sounds like. The movement has emerged in the wake of the killing of African American George Floyd, 46, who was killed by Minneapolis police officer who knelt on Floyd’s neck to subdue him. “Defund the Police” can be defined in simple terms as meaning taking funding away from police forces and invest or reallocate those funds into social programs to address the real causes of crime.

Advocates of “Defund the Police” insist that it is not about eliminating police departments or stripping police agencies of all of their money. What they do say is that it is time for the country to address systemic problems in policing in America and spend more on what communities across the United States need such as housing, education and economic development and job growth.

PAT DAVIS:”THE MAN WITH THE PANDERING PLAN”

Enter Albuquerque City Councilor President Pat Davis. He is calling for APD reforms and to an extent to “defund the police” department.

Pat Davis is the current Albuquerque City Council President. On Friday, June 13, Davis announced that he and the city council have come up with their own plan to overall the Albuquerque Police Department. Davis does not think the council’s reform plan will mean fewer police officers for the Albuquerque Police Department (APD). Davis said police officers should not be responding to many calls involving a mental health crisis, homelessness and other behavioral health-related issues. Davis explained his plan this way:

“What you’re probably going to see out of this is we’re not abolishing APD, we’re not going to stop hiring cops, but … there seems to be more of an interest now in aligning other city resources we have toward that public safety … So people feel safe and welcome, and included in our community; that’s not always what we’ve done with all of our money. I think we’re going to try to push that forward a little bit. … We totally divest the idea of behavioral health and law enforcement unless there’s a critical incident, that’s a real thing we can do.”

Davis is suggesting the police chief and higher-ups respond to calls for service in order to free up field officers to engage with the community. Davis explained the idea this way:

“You might get the police chief coming to your burglary call, but that means your neighborhood officer is … playing basketball with kids down the street. … That’s a strategy that police departments all over the country use.”

The Davis proposal would change multiple levels of the department, from reorganizing the police budget and officers’ jobs on the street to emphasizing behavioral health assistance and studies to determine the best route for community engagement.

Davis said he believes the city can rededicate $1 million of APD’s $207 million budget to community organizations and social services. Davis is also suggesting a 24/7 dispatch line for calls regarding the homeless that would be answered by those in a public health role and not by the APD reducing APD’s volume of 911 emergency calls.

Davis also announced that the council will meet with the community in July to gain input into possible changes to APD’s budget, police operations and other avenues where funds could be placed to better the community. Davis had this to say:

“I think the mayor and I both share an appreciation that we don’t think politicians should just be deciding where dollars come out and where they go. … We don’t want to get into this knee-jerk reaction that we can solve this by just writing a check, so we’re trying to figure out how we can create a process.”

https://www.abqjournal.com/1465979/council-leader-unveils-police-reform-proposal-ex-more-community-engagement-rerouting-of-some-calls-included.html

POLICE UNION LABELS DAVIS PLAN PANDERING

Shaun Willoughby, president of the Police Officers’ Association, labeled City Councilor President’s “defund the police reforms as Davis’ “political pandering”. He added saying the possible cuts to funding were “ignorant, idiotic and ludicrous” saying the department is already understaffed. He said, if Davis wants better community policing, the city needs to invest in more officers and not undermine the reform efforts under the Department of Justice Court Approved Settlement Agreement (CASA).

In forceful and bitter attacks against City Councilor Pat Davis, Willouby had this to say:

“”It infuriates me. … Defund the police should not be part of the conversation. If they want reform, if they want additional training, that’s increased funding. We have invested literally millions of dollars in reform, the last thing Albuquerque needs is for Pat Davis to re-reform the reform process. … Being six years into a reform effort, with the Department of Justice and a monitoring team, and the literal millions, upon millions of dollars that this communities tax base has invested into reform, it doesn’t make a lot of sense. We’ve been understaffed here for the last 10 years, we’re fighting to get to a level just to respond to the needs of the community. … Police are a conduit to everything, and they’re a conduit to a lot of things that society hasn’t really done very good management of in general, it always comes back to the police. … Any politician whether they’re local or national that is on board with defunding the police is ignorant pandering, and not talking about the conversation. ”

https://www.koat.com/article/abq-police-union-defund-police-movement-is-infuriating/32843750

MAYOR TIM KELLER ANNOUNCES CREATION OF “NEW” PUBLIC SAFETY DEPARTMENT

On June 14, in an exclusive interview with the Albuquerque Journal, Mayor Tim Keller announced plans to create a new Public Safety Department that would send trained professionals to respond to certain calls for help in place of armed officers. The Albuquerque Community Safety Department would have social workers, housing and homelessness specialists and violence prevention and diversion program experts who would be dispatched to homelessness and “down-and-out” calls as well as behavioral health crises. The new department would connect people in need with services to help address any underlying issues. The department personnel would be dispatched through the city’s 911 emergency call system. The intent is to free up the first responders who typically have to deal with down-and-out and behavioral health calls.

In a Sunday phone interview with the Albuquerque Journal, Keller said “down and out” calls usually end with someone going to jail or to a hospital. According to Keller:

“And the determiner of [whether a person goes to jail or a hospital] is either firefighter or police [officer]. … Neither of them should be making that initial call, unless it’s a situation of violence. … We’re just expecting them to solve every individual’s problem, and I think that’s totally unfair to them and their training. … We should have trained professionals do this, instead of folks with a gun and a badge. But in general, that’s what we have to fix.”

The link to the full front-page journal article quoted is here:

https://www.abqjournal.com/1466317/mayor-proposes-public-safety-department.html

Mayor Tim Keller, despite the change in the national conversation and calls for police departments to be defunded, said his goal is still adding 100 police officers every four years to the point APD is fully funded with 1,200 sworn police. It is projected APD will have 985 sworn police officers after the graduation of the July APD Academy class. In a Channel 4 interview, Keller had this to say:

“We have to adequately fund violent crime law enforcement, and that means we got to get those other officers, but here in Albuquerque, we can do things– like, we’re trying to shift towards diversion programs, towards violence intervention programs. … All of these are essentially, many ways, decriminalizing sort of the interaction between the police and individuals. And so trying to have more civilian interactions and trying to invest in communities, trying to invest in upstream issues like education and poverty, we absolutely have to do a better job at that.”

https://www.kob.com/albuquerque-news/mayor-keller-goes-1-on-1-to-discuss-policing-in-albuquerque/5758739/?cat=500

Notwithstanding the Mayor’s decision to continue with his hiring of more police, Mayor Keller, apparently not to be outdone by Pat Davis, announce his own plan at a news conference on June 15.

PAT DAVIS SURVEY ON CHANGES TO APD

Pat Davis was employed as a police officer in Washington, D.C. before coming to New Mexico. When he came to Albuquerque he went to work as a Police Officer for the University of New Mexico. He became a spokesman for Bernalillo County District Attorney Kari Brandenburg after he left the University of New Mexico Police Office. When he left the District Attorney Office, he became a well-known advocate for progressive policies as Director of Progress Now. Pat Davis was a candidate for Bernalillo County sheriff in the 2009 election.

Pat Davis constantly reminds people whenever he can that he is a former police officer, even when he was arrested for DWI, no doubt thinking that somehow it gives him a degree of credibility with the media and public.

On June 13, KRQE reported that Pat Davis published a survey online, asking people to weigh in on how they’d like to restructure APD’s budget. The full KRQE report is here:

https://www.krqe.com/news/albuquerque-metro/city-council-to-discuss-call-for-defunding-police/

In the introduction to his survey, Davis proclaims he has heard the following suggestions from those who responded to his survey:

1. Demilitarize policing by ending our participation in federal programs giving military surplus to police for local law enforcement use. (EDITORS NOTE :For at least the past 5 years, APD has not applied for any military surplus, but that did not stop Davis from introducing a resolution to do so when the Mayor could have easily issued an executive order.)

2. Civilianize non-emergency police department positions to bring in new ideas and talent for specialized jobs where an immediate intervention or arrest isn’t required.

3. Require every police officer to serve in a non-profit capacity such as volunteering in an after-school program, a community kitchen, or a homeless shelter at least 8 hours per quarter.

4. Restructure the way the City allocates grants to community organizations to prioritize those empowering Black/African American, Native, Hispanic and Asian communities where historical underinvestment perpetuates poverty and disenfranchisement.

5. Create permanent, recurring funding sources for reinvestments in housing and job creation focused on disenfranchised communities.

6. Create community justice workers to help those with a criminal record access expungement, removing them from the criminal justice system and giving them a fresh start.

7. Hold public hearings on APD’s budget to take public input on priorities.

(EDITOR’S NOTE: Public hearings on APD’s budget should have been conducted before the City Council enacted the City’s operating budget on April 13, but City Council President Pat Davis found an excuse not to hold hearing as reported further below under the topic “CITY FINANCING UPENDED”.)

In the introduction to his constituent survey on reforming APD, Pat Davis admits to having a nefarious past as a UNM police officer by saying:

“As former police officer myself, I acknowledge that among the many good things I did for those I served, I also made arrests and instigated some encounters I wouldn’t be proud of today.”

Further, the Davis survey ask no questions regarding if DWI prosecutions should be a priority of the APD and what resources should be dedicated to DWI by APD.

EDITORS NOTE: The below POSTSCRIPT to this blog article contains information on two civil complaints filed against Pat Davis for civil rights violations, false arrest and imprisonment, and negligence while he was a UNM Police Officer. The postscript also contains information on the arrest of Pat Davis for Aggravated DWI.

CITY FINANCING UPENDED

City finances have been totally upended as a result of the corona virus pandemic and its impact on the city economy and in turn city gross receipts tax returns have dramatically declined. On March 16, 2020, the New Mexico Department of Finance, Local Government Division, issued Memorandum authorizing the New Mexico municipalities to submit their last year’s fiscal budget for 2019-2020 budget as their fiscal budget for year 2020-2021 until reliable tax revenue projections can be determined.

What Pat Davis ostensibly forgot, which is not likely, when announcing his APD “defund and reform APD” legislation was that April 13, on a unanimous vote of 9-0, the Albuquerque City Council enacted R-20-31 which is the city’s operating budget for fiscal year 2020-2021. The City Council’s operating budget, R-20-31, enacted is a “bare bones budget” resolution consisting of only 7 pages of line item appropriations for each of the city departments. There is no explanation or elaboration on the actual use of the millions appropriated in the budget. At the time of enacting the budget, Davis failed to call public hearings that would have allowed comment and input from the public. The 2020-2021 APD operating budget goes into effect on July 1, 2020 and ends June 31, 2021.

The City Council has now enacted a $207,877,000 million-dollar APD operating budget without any questions asked or budget hearings. Following is the line item budget for APD already approved by the City Council:

Administrative Support: $18,835,000 (This funding is for case management and reports, clerical staff and the forensic lab.)

Investigative Services: $45,622,000 (This funding is for the various detective units)
Neighborhood Policing: $104,730,000

Off-Duty Police Overtime: $2,225,000 (The funding is to pay for police overtime and for years the actual funding has approached $10 to $14 Million a year.)

Prisoner Transport: $2,423,000 (The funding is used to transport all arrestees to the Westside Jail.)

Professional Accountability: $34,042,000 (This is funding associated with the Department of Justice Consent Decree)

THE DOJ COURT APPROVED SETTLEMENT AGREEMENT(CASA)

On April 10, 2014, the Civil Rights Division of the United States Department of Justice (DOJ) issued its report of an 18-month civil rights investigation of APD. The DOJ reviewed excessive use of force and deadly force cases and found APD had engaged in a “pattern and practice” of unconstitutional “use of force” and “deadly force” and found a “culture of aggression” within APD. The result was in November 2014 Albuquerque and APD entered into a federal court-approved settlement agreement mandating 276 reforms. Under the Court approved settlement, the city must reach a 95% compliance rate in three major areas and sustain compliance in all 3 areas for 2 consecutive years before the case can be dismissed.

In the 11th audit report that covered the time period of August 1, 2019 and ended in January 31, 2020, the federal monitor found APD was 100% in primary compliance, no change from 10th report, a 93% in secondary compliance, a change of 14.8% from the 10th report, and 66% in operational compliance, a change of 3%.

Primary Compliance relates mostly to development and implementation of acceptable policies and conforming to national practices.

APD is now in 93% Secondary Compliance as of the 11th reporting period, which means that effective follow-up mechanisms are beginning to be taken to ensure that APD personnel understand the requirements of promulgated policies in the areas of training, supervising, coaching, and disciplinary processes to ensure APD personnel understand the policies as promulgated and are capable of implementing them in the field.

APD is in 66% Operational Compliance with the requirements of the CASA, which means that 66% of the time, field personnel either perform tasks as required by the CASA, or that, when they fail, supervisory personnel note and correct in-field behavior that is not compliant with the requirements of the CASA.

A link to a blog article summarizing the 11th Federal Monitor’s Report is here:

https://www.petedinelli.com/2020/05/06/federal-monitor-files-11th-compliance-audit-report-of-apd-reforms-counter-casa-effect-still-problematic-order-100-operational-compliance-within-6-months-or-replace-chief-or-deput/

CULTURE OF AGGRESSION RELATED TO APD’S INTERACTION WITH MENTALLY ILL

DOJ’s finding of a “culture of aggression” within APD dealt with APD’s interactions and responses to suspects that were mentally ill and were having psychotic episodes. The investigation found APD’s policies, training and supervision were insufficient to ensure officers encountering people with mental illness or in distress do so in a manner that respected their rights and in a manner that was safe for all involved. The settlement agreement (CASA) mandates sweeping changes and reforms to APD.

On November 14, 2020, it will be a full 6 years that will have expired since the city entered into the CASA with the DOJ. Specific reforms implemented to address APD’s training and interactions with the mentally ill and others include:

1. After a full year of negotiations, new “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.

2. All sworn police officers have received crisis management intervention training to deal with the mentally ill an others.

3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.

4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.

5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.

6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police having received training.

7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.

8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.

9. The Repeat Offenders Project, known as ROP, has been abolished.

10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director hired.

11. The Community Policing Counsels (CPCs) have been created in all area commands and the CPCs meet monthly.

12. The Mental Health Advisory Committee has been implemented.

MENTAL HEALTH RESPONSE ADVISORY COMMITTEE

Mental Health Response Advisory Committee is mandated by the DOJ consent decree. Its purpose is to provide guidance to the City of Albuquerque Police Department on the DOJ reforms. The committee consists of members from all walks of life and are committed to improving the lives of those with mental illness and their interactions with law enforcement in Albuquerque. The committee include providers, the Police, the court system, advocates, family members and consumers. The Mental Health Response Advisory Committee analyzes and recommends appropriate changes to policies, procedures, and training methods regarding police contact with persons who may be mentally ill or experiencing a mental health crisis.

https://www.cabq.gov/mental-health-response-advisory-committee#:~:text=About%20the%20Committee,City%20of%20Albuquerque%20Police%20Department.&text=Learn%20more%20about%20the%20Advisory%20Committee’s%20duties.

Danny Whatley is on the Mental Health Response Advisory Committee and said he appreciates the conversation happening around reform and the city council’s recent involvement. However, he cautioned against the city council rushing decisions that could prove harmful to the DOJ reforms already undertaken. Whately explained it this way:

“Reform is not cheap and defunding the police is not a rational statement, and certainly not a plan that would make our city safer. I also have concerns about failing to encourage and support law enforcement. If we are not careful, we will lose the brightest and best, and … we will be forced to dumb down the standards and the community will suffer. … It would also be good to know how many of the responsibilities that fall on law enforcement could be handled by non-sworn individuals.”

According to Whatley, the Albuquerque Fire Rescue Department (AFRD) needs to take a “greater role” in mental health crisis issues, but is very in saying that removing the Crisis Intervention Team (CIT) from APD would not only be a “bad move,” but it is in fact “impossible”. Whatley pointed out that calls for service that initially are believed not appear related to mental health can escalate to such. Police officers must always be always trained in crisis intervention to deal with calls that escalate and there is now a unit to oversee such training.

Whatley advocates having a separate unit of mental health professionals to assist in nonthreatening police calls for service and explained it this way:

“The caseloads that these officers carry, and the amount of time, effort and passion that these women and men pour into these cases will change anyone’s mind who would think about removing this role from APD. … We certainly are not perfect, but we have the right people and pieces in place to continue to improve and to become the police department that the community expects. … It is not helpful to paint this police department with the broad brush that is being used in our nation today because of the horrible actions of other police officers.”

https://www.abqjournal.com/1465979/council-leader-unveils-police-reform-proposal-ex-more-community-engagement-rerouting-of-some-calls-included.html

COMMENTARY AND ANALYSIS

Councilor Pat Davis has a chronic case of “political opportunism”. Most of the suggestions proposed by Davis are included in Mayor Keller’s proposal for the creation of a Department of Public Safety or are mandated by the Court Approved Settlement Agreement (CASA). This leads one to ask what did Pat Davis know and when did he know it about Keller’s plans before he made his own announcement?

Davis announced that the council will meet with the community in July and hold hearing to gain input into possible changes to APD’s budget, police operations and other avenues where funds could be placed to better the community. At the same time as announcing public hearings, Davis outlined his own plans to reform APD less than two days before the Mayor was to make his announcement.

WHY NOW WHEN BEFORE DAVIS COULD NOT CARE LESS

The most critical functions of the Albuquerque City Council is the oversight authority it has over city finances, all appropriations, the job performance of the various departments and enacting a balanced budget. The oversight authority includes having public hearings on the city’s budget to allow public the opportunity to give input on how the city spends taxpayer money. Further, the budget process is critical to force all city departments to justify their budgets and to adjust department’s budgets as the need mandates it. As City Council President, Davis did not allow that to happen this year. Only now that there is a law enforcement crisis brought on by the protests over the George Floyd killing, Pat Davis decides to call for hearings on APD’s budget after it has already been enacted.

The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Pat Davis did absolutely nothing when it comes to Albuquerque Police Department (APD) reforms mandated by the Court Approved Settlement Agreement. He never challenged the APD command staff in any meaningful way demanding compliance with the Department of Justice (DOJ) consent decree reforms. Each time the Federal Monitor has presented his critical reports of APD to the City Council, Davis was silent and declined to demand accountability from the Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Davis has never attended any of the federal court hearings on the consent decree.

EPITOME OF HYPOCRISY

Davis is the epitome of hypocrisy when he says “we don’t think politicians should just be deciding where dollars come out and where they go. We don’t want to get into this knee-jerk reaction that we can solve this by just writing a check … “ All Davis has done for the full 5 years he has been on the city council is to decide “where dollars come out and where they go ” ignoring the public. Cases in point:

1. Davis voted repeatedly to fund the $130 million disastrous ART Bus project that has destroyed the character of Route 66. He refused to advocate to put the ART Bus project on the ballot for public approval. Davis voted to spend federal grant money that had yet to be appropriated by congress.

2. In January, 2017, Pat Davis voted for $65 million in revenue bonds by passing the voters as the financing mechanism to pay for big capital projects such as pickle ball courts, baseball fields and the ART bus project down central.

3. In October 2019, Pat Davis voted to approve $29 million infrastructure bond tax package financed by the City’s Lodger’s Tax. The Keller Administration labeled the lodger tax bond package as a “Sports – Tourism Lodger Tax ” because it was to be used for a number of projects around the city labeled as “sports tourism opportunities. The lodgers tax revenues are required to be used to benefit of the tourist industry and projects will attract tourism. 7 of the 10 projects financed were not tourism related but used overwhelming by the general public and not the tourist industry nor by the hotel or lodger tax industry.

NO UNDERSTANDING OF FEDERAL COURT AUTHORITY OVER APD

After almost a full six years of the CASA, Pat Davis and ostensibly the city council appear that they do not understand the authority of the United States Federal Court over the City or APD. The City and APD are still under the thumb of the Federal Court Judge and the watchful eye of the Federal Court Appointed Monitor. Little next to nothing can be done by the city with APD when it relates to policies mandated and resources and funding of the reforms required so long as the federal settlement remains in place. The Federal Court has overwhelming if not absolute authority over APD and there is little that can be done to defund APD. Any plan to defund APD or change training of police officers will no doubt have to be approved by the Federal Court Judge after conferring with the federal monitor.

It would have been a matter of common decency and courtesy for Albuquerque City Councilor Pat Davis to have conferred with the Keller Administration and perhaps the police union regarding his defunding plans of APD, but that would have meant he would not have secured the Albuquerque Journal front page news coverage or the television news interviews that he has so desperately coveted the entire 5 years he has been on the city council.

CONCLUSION

Pat Davis needed to seek input from the Federal Court Appointed Monitor, but that would have shown a little respect for the federal court system. Then again, Davis likely has very little use nor respect for the courts, nor any one’s US Constitutional rights given his history of litigation and arrest record and his admission the he “made arrests and instigated some encounters I wouldn’t be proud of today.”

___________________________________

POSCRIPT

DAVIS ADMITS NEFARIOUS PAST AS UNM POLICE OFFICER

In the introduction to his survey, Pat Davis says:

“As former police officer myself, I acknowledge that among the many good things I did for those I served, I also made arrests and instigated some encounters I wouldn’t be proud of today.”

The link to the full survey is here:

https://mailchi.mp/patforabq.com/lets-talk-about-blm-defund-the-police-whats-next-for-abq?fbclid=IwAR02pMaeaBpubiam49wJXhrNtb-Wes4EuNHGvCWacW1ikuEzW21XYgjJKoc

It’s highly likely that two of the things Pat Davis did as a University of New Mexico Police Officer and actions he is not proud of are alleged in two civil lawsuits where he was sued along with other UNM Police. In one lawsuit, a civil “COMPLAINT FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS” was filed. In a second lawsuit a civil “COMPLAINT FOR FALSE ARREST AND IMPRISONMENT, NEGLIGENCE AND CIVIL RIGHTS VIOLATIONS” was filed. In both cases, Davis was sued in his individual and personal capacity and in his official capacity as a UNM Police Officer. Both civil cases were settled with thousands paid to the Plaintiffs for damages in one case but the specific amount of the settlement paid in the second case and the terms of any release of claims is not known.

AARON FLORES, ARTURO FLORES AND CECLIA FLORES vs PATRICK DAVIS, ET AL, “COMPLAINT FOR DAMAGES FOR VIOLATION OF CIVIL RIGHTS”, NEW MEXICO SECOND JUDICIAL COURT, CV-2008-03890

In 2008, CV-2008-03890 was filed in the Second Judicial Court, County of Bernalillo, by Plaintiffs AARON FLORES, ARTURO FLORES AND CECLIA FLORES naming as a defendant PATRICK DAVIS, in his individual and personal capacity and in his official capacity as a University of New Mexico Police Officer. The lawsuit also named as defendants 14 Albuquerque Police Officers (APD) and 7 Bernalillo County Sheriff Officers (BCSO) in their individual and personal capacities and official capacities.

The alleged facts of the civil complaint relate to the execution of a court “sealed search warrant” on December 17, 2007 of a private residence owned by Arturo Flores and Celia Flores as husband and wife who resided elsewhere. The home was occupied by their son Plaintiff Aaron Flores along with a recent tenant who was a friend from high school of Aaron Flores and was renting one room of the home. According to the facts alleged in the complaint, a search warrant was secured for the home with the tenant boarder as the “target” of the warrant and who was alleged to be a marijuana drug dealer.

FACTUAL BASIS ALLEGED IN FLORES CIVIL COMPLAINT

On December 17, 2007, at approximately 9:10 pm in the evening when no one was at home at the residence, the 21 named defendant law enforcement officers stormed the residence. According to the complaint, the defendants, which included Davis, broke in two front doors, wrought iron works, broke windows and interior doors, broke a car window, broke a sliding gate to the home and “”trashed” the interior of the home including breaking furniture in a search for evidence of a crime, but no evidence of any crime was found against the plaintiffs nor their renter. Three “flash bang” grenades were hurled into the home causing damages to the walls and which started a fire that required the Albuquerque Fire Department to be dispatched.

A neighbor called Arturo Flores about what was happening at the home and Flores immediately went to the residence. Arturo Flores was told by the defendants “a lot of traffic came to and from this house, and that it was a drug house” an allegation which was false. At least $20,000 in damages to the home were alleged making it un occupiable and needing extensive repairs. The theft of personal items including a laptop belonging to Aaron Flores was reported. It is not know if any inventory of what was seized under the warrant was filed.

On November 14, 2008, the civil lawsuit filed against Pat Davis, in his individual and personal capacity and in his official capacity as a University of New Mexico Police Officer was settled for the sum of $25,000 for a full and final release of any and all claims against him as alleged by Aaron Flores, Arturo Flores and Ceclia Flores. No information is available as to what the claims against the remaining 20 law enforcement officers were settled for nor when.

BROOK BENDER AND JOAN HUGHS vs BOARD OF REGENTS OF THE UNIVERITY OF NEW MEXICO and PATRICK DAVIS, ET AL, “COMPLAINT FOR FALSE ARREST AND IMPRISONMENT, NEGLIGENCE AND CIVIL RIGHTS VIOLATIONS” , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO, CIV No. 08-C433 MV ACT

On April 29, 2008, CIV No. 08-C433 MV ACT was filed in United States District Court for the District of New Mexico by Brooke Bender and Joan Hughes naming the Board of Regents and the University of New Mexico d/b/a as University of New Mexico Police Department and UNM Police Officers Patrick M. Davis, John Doe Pacheco and Jane Does I and II, in their individual capacities and as employees of the University of New Mexico Police Department. The factual background of the case alleged in the complaint relate to a January 8, 2008 law enforcement investigation undertaken by the Defendants against plaintiff Brook Bender at her home in Corrales, Sandoval County, New Mexico and a separate and distinct law enforcement action taken against Plaintiff Joan Bender, also at her home in Corrales.

BENDER’ S FACTUAL ALLEGATIONS IN CIVIL COMPLAINT

The complaint alleges that on January 8, 2008, the Defendant Pat Davis, along with other UNM Police went to the home of Brook Bender looking for a person named Richard Hughes and telling Bender they needed to search her home. According to the complaint, the officers did not identify themselves until Bender noticed a UNM Police Badge. The complaint alleges that Davis and the defendants told Plaintiff Bender that they knew she worked for UNM because they had found her UNM employee identification in her car next to some contraband and told her she needed to “work with them” or they would inform UNM officials about the alleged contraband found.

According to Bender’s allegations, she responded to the threats by allowing Davis and the other defendants into her home and asked to see a “search warrant”. The defendants told Bender they did not have a search warrant, that they could easily obtain one and if she insisted on a search warrant they would “rat her out” to her UNM employer.

Bender told the defendants that Richard Hughes did not live at her home. According to the complaint allegations, Defendants insisted on searching the residents and ordered Bender to stand in her kitchen with her hands behind her back as they “tossed” the entire residents emptying out drawers and cabinets and leaving the residence in disarray. After the unauthorized search without a warrant, Bender alleges that she told Pat Davis and UNM officers she knew where the mother of Richard Hughes lived in Corrales and offered to take them to that residence. Defendants escorted Bender to their police car and assisted her into the police vehicle and she sat between two UNM Police as she showed them the Hughes residence. No one was home and Bender was taken back to her home by the defendants.

HUGHES FACTUAL ALLEGATIONS IN CIVIL COMPLAINT

The Bender-Hughes civil complaint alleges that on the morning of January 9, 2008, at approximately 10:30 am, Davis and the UNM police returned to the home of Plaintiff Joan Hughes, made contact with her and announce that they were looking for her son Richard Hughes with Pat Davis providing Plaintiff Hughes with his business card.

Hughes told the Defendants that her son was in jail in Grants, New Mexico, which the defendants later confirmed, and that her son had not lived with her for several years. Davis none the less told Hughes that they had to “search her house”. Davis and the other defendants had no search warrant for the home and did not ask Hughes for permission to search her home. Davis and the 3 other officers entered the home and ordered Hughes to sit on her couch while two of the defendants watched Hughes and while the others conducted and extensive searched of her home which lasted for about one hour.

According to the complaint, one defendant UNM Police Officers found pistol cartridges in Hughes bedroom, asked Hughes where the gun was and she notified them it was in her kitchen. Davis or another defendant retrieved the gun and made a call to see if it was stolen. The complaint also alleges that Defendants found marijuana belonging to Hughes’s boyfriend. The defendants confiscated the gun found in the home and the marijuana. On January 11, 2008, Hughes secured the return of the gun from the UNM Police.

Confidential sources have disclosed that the Bender and Hughes case was settled for at least $75,000, but no verifiable court pleading nor “release of claims” in the case to confirm the date and amount of the settlement was provided by the confidential source.

PAT DAVIS DWI ARREST AND LICENSE SUSPENSION

Review of the 2019-2020 approved annual budget for the Albuquerque Police Department (APD) reflects that field officers made 1,819 DWI arrests and investigated 446 alcohol related accidents. Notwithstanding the resources and efforts made by APD with DWI, Pat Davis was not at all interested in asking about DWI in his survey. One area the survey inquired about from those taking it, where they were to check off responses, is as follows:

“My most recent personal encounter with an APD officer was…

o In a community meeting
o During a traffic stop
o When I was a victim of a crime
o When I was the witness to the crime
o I don’t remember”

Giving Davis’ own arrest for DWI, it’s not surprising that he did not want to identify DWI arrests protocol as a specific area to ask about APD’s efforts and resources to combat DWI.

FACTUAL BASIS FOR DAVIS DWI ARREST

On July 28, 2013, Pat Davis, then age 35, was the chair of the Albuquerque Metro Crime Stoppers and the Executive Director of Progressive Now when he was arrested by BCSO Sherriff’s Deputies around 12:30 a.m. on the 1300 block of Broadway under suspicion of drunk driving. Deputies arrived at the minor accident where Davis had ran into another vehicle to find Davis who appeared drunk, had slurred speech, bloodshot watery eyes and the smell of alcohol on his breath.

On the police audio tape, Davis was told by the BCSO Deputy he could smell alcohol on Davis and asked Davis if he had consumed any alcoholic beverages that evening. Davis is heard to say “no” on the tape, said he had not been drinking and what the officer was smelling was SCOPE mouthwash. Davis referred the officer to a mouthwash bottle in his car. When asked about his slurred speech, Davis can be heard on the audio tape telling the deputy “My speech is not usually slurred. I have a southern accent and been a cop for 10 years.” Davis was born in Georgia, and was claiming he still had an accent. The investigating deputy found a travel-sized bottle of SCOPE mouthwash in Davis’ vehicle but at the license revocation hearing the sheriff officers could not say if and when Davis may have used it the night of his arrest. Davis was administered a field sobriety tests which he failed. Davis submitted to 2 separate alcohol breath tests that showed his blood-alcohol concentration was .19 and .18 respectively.

https://www.abqjournal.com/226603/pat-davis-chair-of-abq-crime-stoppers-charged-with-dwi.html

Under New Mexico law, DWI is driving with a blood alcohol concentration (BAC) of 0.08 percent or more. Aggravated DWI occurs when .16 BAC or above is found or when there is refusal to take breath or blood test, or being involved in a crash that caused bodily injury while DWI. The mandatory minimum jail time for a first time Aggravated DWI/DUI is 48 hours in jail. The 1st offense carries a basic sentence up upwards of 30 days in jail with an additional mandatory 2 days jail without suspension.

https://newmexicocriminallaw.com/what-is-an-aggravated-dui/#:~:text=In%20New%20Mexico%2C%20a%20DUI,penalties%20than%20a%20basic%20DUI.

Davis plead guilty in February 2014 to a first-offense driving under the influence of alcohol and fought the Aggravated DWI charges. Davis was given a deferred sentence with no jail time if he completed 6 months’ probation and 6 months of having an ignition interlock system in his car with random breath alcohol tests and random urinalysis and was given no jail time.
The link to the story on fighting the DWI charges by Davis is here:

https://www.abqjournal.com/646677/candidate-fought-charges.html

On November 6, 2013 after an administrative law hearing before a hearing officer with the Department of Taxation and Revenue, which issues drivers’ licenses, the driving privileges of Pat Davis were suspended for 6 months and he was ordered to install an ignition interlock in any vehicle he drove. (See: STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT IMPLIED CONSENT ACT, IN THE MATTER OF THE PROPOSED REVOCATION OF THE NEW MEXICO DRIVING PRIVILEGES OF PATRICK DAVIS NOTICE OF REVOCATION NO. 20677985) Davis completed the 6-month suspension of his license.