Albuquerque is one of 18 law enforcement agencies throughout the country operating under a federal Court Approved Settlement Agreement (CASA) brought about by a Department of Justice (DOJ) investigation that found systemic problems and a “culture of aggression” within its police department.

In November, 2014, the CASA was entered into between the City of Albuquerque, the Albuquerque Police Department (APD), the DOJ and approved by a federal judge.

The CASA provides for termination of the agreement as follows:

“The City will endeavor to reach full and effective compliance with this Agreement within four years of its Effective Date. The Parties agree to jointly ask the Court to terminate this Agreement after this date, provided that the City has been in full and effective compliance with this Agreement for two years. “Full and Effective Compliance” shall be defined to require sustained compliance with all material requirements of this Agreement or sustained and continuing improvement in constitutional policing, as demonstrated pursuant to the Agreement’s outcome measures.” (Page 103 of CASA)

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

After review of the DOJ investigation report, the CASA mandates, and the reforms implemented, a conclusion that can be reached is the spirit and intent of the CASA has been attained and it should be terminated sooner rather than later.

The City and APD need to seek a stipulated and agreed to Order of Compliance with the DOJ from the CASA.

A review of the DOJ investigation and the terms of the CASA are in order.

The DOJ INVESTIGATION REPORT

April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD).

The investigation was conducted jointly by the DOJ’s Washington Office Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.

You can read the entire report here.

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD.

The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies — contribute to the use of unreasonable force.”

Based on the investigation and the review of excessive use of force and deadly force cases, the DOJ found “reasonable cause to believe that APD engage[d] in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment … . and [the] investigation included a comprehensive review of APD’s operations and the City’s oversight systems.”

Federal civil rights laws make it unlawful for government entities, such as the City of Albuquerque and APD, to engage in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution and laws of the United States.

The investigative report found a pattern or practice of use of “deadly force” or “excessive use of force” in 4 major areas:

1. The DOJ reviewed all fatal shootings by officers between 2009 and 2012 and found that officers were not justified under federal law in using deadly force in the majority of those incidents. Albuquerque police officers too often used deadly force in an unconstitutional manner in their use of firearms. Officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers also used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

2. Albuquerque police officers often used less lethal force in an unconstitutional manner, often used unreasonable physical force without regard for the subject’s safety or the level of threat encountered. The investigation found APD Officers frequently used take-down procedures in ways that unnecessarily increased the harm to the person. Finally, APD officers escalated situations in which force could have been avoided had they instead used de-escalation measures.

3. A significant number of the use of force cases reviewed involved persons suffering from acute mental illness and who were in crisis. The investigation found APD’s policies, training, and supervision were insufficient to ensure that 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.

4. The investigation found the use of excessive force by APD officers was not isolated or sporadic. The pattern or practice of excessive force stemmed from systemic deficiencies in oversight, training, and policy. Chief among these deficiencies was the department’s failure to implement an objective and rigorous internal accountability system. Force incidents were not properly investigated, documented, or addressed with corrective measures by the command staff.

What differentiates the DOJ’s investigation of APD from the other federal investigations of police departments and consent decrees is that the other consent decrees involve in one form or another the finding of “racial profiling” and use of excessive force or deadly force against minorities.

The DOJ’s finding of a “culture of aggression” within APD dealt with APD’s interactions and responses to suspects that were mentally ill and that were having psychotic episodes.

COURT APPROVED SETTLEMENT AGREEMENT (CASA)

The DOJ Court Approved Settlement Agreement (CASA) was negotiated over a 6-month period after the DOJ released its investigation report finding that APD engaged in a “pattern and practice” of unconstitutional “use of force” and “deadly force.”

The City retained outside counsel paying two individual’s considered national experts $1 Million with the contract not awarded by the customary Request for Proposals (RFP) preocess.

The 106-page negotiated CASA agreement was filed on November 10, 2014.

Under the CASA, the assigned Federal Judge is given the power to enforce terms of the agreement and issue orders for compliance and issue sanctions for noncompliance.

Major reform mandates under the settlement include:

1. 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 implement new use of force and deadly force policies.

2. The CASA mandates the teaching of “constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill.

3. The City agreed that APD would overhaul and rewrite all of its “use of force policies” and “deadly force” policies, recruitment procedures, training, internal affairs procedures and implement field supervision of officers.

4. Stricter training and restrictions on the use of nonlethal force is required under the CASA, and it requires more training and controls over the use of Tasers by officers along with quarterly audits of their use.

5. The city agreed to the creation of a Police Oversight Board (POB) as a civilian review agency that independently reviews citizen complaints, serious uses of force and officer-involved shootings by APD. The civilian agency also monitors, reviews and make recommended changes to APD policy on use of force.

6. Under the CASA, the city agreed to the creation of Police Civilian Advisory Councils, one in each of the APD area commands, designed to increase community interaction.

7. The CASA broadens and removes obstacles to the types of civilian complaints Internal Affairs and the civilian oversight agency can review.

8. The CASA provides for the appointment of a Federal Court Monitor selected by agreement of the parties with the City to pay for the auditing services of the federal monitor. The primary duties and responsibilities of the federal monitor is to report directly to the federal judge on APD’s compliance with the mandatory reforms.

9. The agreement mandates that APD adopt a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented and outlining details how use of force cases would be investigated. It requires far more reporting by officers and field supervisors and also requires detailed reviews of those reports up the chain of command within the department. Sergeants and lieutenants are required to be much more involved in field supervision and review of use of force by officers.

10. Under the agreement, officers who point their firearms at a person, but don’t fire, must fill out a use of force report that will be reviewed by field supervisors. That review is separate from a city civilian police oversight agency that will be independent of the department and will review police use of force incidents as well as civilian complaints.

11. The City agreed to create a new “Use of Force Review Board” to oversee all internal affairs investigations of use of force and deadly force. A new chain of command for the review of Internal Affairs reports of officer-involved shootings was created that reviews the Internal Affairs Reports and makes recommendations on discipline or asks for further investigation of an incident, and the board makes recommendations on discipline to the APD Chief. The Use of Force Board is required to make quarterly reports after reviewing all use of force reports to identify trends and policy changes.

12. APD agreed to revise and update its policies on the mandatory use of lapel cameras by all police officers.

13. Under the CASA, the City agreed to abolish the Repeat Offenders Project, known as ROP, within three months of signing the agreement for the reason that members of the unit were involved in a number of the controversial shootings investigated by the DOJ.

14. The agreement provides that if the city fails to implement the reforms or shows bad faith in the implementation of the CASA, the DOJ has the option of filing a federal lawsuit against the city over the city’s unconstitutional policing practices found by the DOJ investigation.

15. Certain types of hand-to-hand techniques are barred under the CASA unless the officer is in a situation that require the use of lethal force if it were available. Neck holds, sometimes called chokeholds, are explicitly forbidden to be used by officers except in situations where lethal force would be authorized.

16. A major change in the CASA bans APD officers from firing their weapons at moving vehicles in all but life-threatening situations.

The CASA provides that it is “designed to ensure police integrity, protect officer safety, and prevent use of excessive force, including unreasonable use of deadly force, by APD.”

The settlement agreement requires APD to strive and use its best efforts to come in compliance with all requirements within four years, and if that were to occur, the case would be dismissed.

APD REFORMS FOR INTERACTIONS WITH MENTALLY ILL

A major finding of the April 14, 2014 DOJ Investigation report was that too many APD police officers use of force incidents involved people with mental illnesses or with behavioral disorders.

Under the CASA, the city agreed to form a Mental Health Advisory Committee.

The Mental Health Advisory Committee was to have a broad membership coming from within the department, the community and from mental health agencies to review department policies, recommend changes and keep the department abreast of new developments and issues in dealing with the mentally ill.

Under the CASA, all sworn officers received 40 hours of behavioral health and crisis intervention training, and new 911 operators received 20 hours of behavioral health training.

APD was required to increase the number of officers assigned to the Crisis Intervention Teams (CIT) and developed policies and procedures designed to clear lines of authority in the field in dealing with people who are mentally ill.

Like other parts of the stipulated agreement, the mental health portions required the department to collect and track data on calls for trained crisis intervention officers and submit the information to the Federal Monitor for the audits.

The CASA mandated APD to beef up its contacts with the chronically homeless and individuals with mental illness who have a history of law enforcement encounters in order to help connect these individuals with mental health service providers.

The department also is required to develop protocols addressing situations involving barricaded, suicidal subjects who are not posing an imminent risk of harm to anyone except themselves.

FEDERAL COURT APPOINTED MONITOR

The CASA mandated the appointment of a Federal Court Monitor agreed to by the parties who would report directly to the Federal Court.

On April 14, 2015 the city entered into a 4-year contract negotiated by the Berry Administration to pay a federal monitor $4.5 million over 4 years and the city agreed to assume all costs for the auditing services of the Monitor.

The contract in fact hired an entire team of experts not just one person.

A misconception is that the Federal Court took over APD and that the Federal Monitor has management and control over APD which is not remotely near the truth.

No “special master” appointed by the court that took over APD nor its management.

Under the settlement, the Federal Court Monitor does not have any management, authority nor control over APD, its employees and is not in the “chain of command”.

The Federal monitor was not given any authority to give orders to APD personnel and has no authority to impose discipline on APD personnel.

Under the CASA, the primary responsibility of the Federal Monitor is to gather statistical data, audit performance of APD and report the Federal Court on APD’s progress on implementing the mandated reforms.

APD CONFLICTS WITH FEDERAL MONITOR

Since selection and appointment, the Federal Monitor has submitted to the Federal Court 8 auditing reports on the status and progress APD has made with the reforms.

Five of the first six federal monitor reports were severely critical of APD’s compliance with the CASA.

In his second report to the federal court, Federal Monitor James Ginger accused the City Attorney of what he called, “delay, do little and deflect” tactics saying his relationship with her was “a little rougher than most” compared with attorneys in other cities where he has overseen police reform.

In the July 1, 2016 third progress report the federal monitor found “Across the board … the components in APD’s system for overseeing and holding officers accountable for the use of force, for the most part, has failed … the serious deficiencies revealed point to a deeply-rooted systemic problem. … The deficiencies, in part, indicate a culture [of] low accountability is at work within APD, particularly in chain-of-command reviews.”

In November 1, 2016 fourth progress report, the federal monitor found that when “excessive use of force” incidents are investigated by the APD Critical Incident Team, it “[deploys] carefully worded excuses, apparently designed not to find fault with officer actions” and “[uses] language and terminology apparently designed to absolve officers and supervisors of their responsibility to follow certain CASA related provisions”.

DRAMATIC REVERSAL WITH CITY COMPLIANCE IMPLEMENTING REFORMS

On March 15, 2018, a little over 3 months after Mayor Tim Keller was sworn into office and appointment a new APD Chief, a status conference was held with the Federal Court on the progress made in implementing the DOJ mandated reforms.

The March 15, 2018 status conference was in very sharp contrast to the one held a few months earlier in November, 2017 where Federal Judge Brack eviscerated and admonished the former Administration and the former City Attorney and Assistant APD Chief for secretly recording the Federal Monitor in order to show bias and have him removed as the monitor.

Three major changes to the DOJ consent decree were reported during the March 15, 2018 hearing:

1. A compliance bureau had been established within APD, something the Federal Monitor had recommended from day one and that was totally opposed to and resisted by the prior administration.

2. The new “use of force” policy was finalized to streamline the investigative process defining 3 separate levels of use of force and the process how they would be investigated.

3. The Federal Monitor suspended preparing six-month reports and the monitor’s consulting firm instead provided “technical assistance” to APD as opposed to performing audits and gathering data.

The Federal Monitor was granted permission not to release a seventh progress report but instead issue two “mini-reports”, one in May and on in August.

EIGHTH FEDERAL MONITORS REPORT

On November 7, 2018, the Federal Monitor’s 8th Report on the compliance levels of APD and the City with Court-Approved Settlement Agreement was filed with the federal court.

You can read the full report here:

https://www.justice.gov/usao-nm/page/file/1107721/download

In the 8th report, the Federal Monitor gave the Keller Administration high marks regarding APD’s compliance with a settlement agreement.

According to the 8th report, APD was in a far different position in the reform project than it was the year before under the previous Mayor and Police administration.

Federal Monitor James Ginger reported:

“Given the scope and nature of issues confronted by APD at this time last year, these results are exceptional.”

In the November 14, 2018 8th monitor’s report, the monitor reported APD was in “Operational Compliance” with the settlement agreement 59.2% of the time meaning officers followed policies outlined in the settlement agreement and when they did not, supervisors identified and corrected the behavior.

Statistics in the report used to track progress showed that APD:

Achieved 99.6% compliance with primary tasks;

A 75.4% secondary compliance and

A 59.5% operational compliance.

According to the report, it was the first time APD achieved above 50% operational compliance.

https://www.abqjournal.com/1232650/judge-gives-high-marks-for-reform-efforts-at-apd.html

To complete the reforms, APD must reach and maintain 95% compliance in all three categories: Primary Tasks, Secondary Task Compliance and Operational Compliance.

APD has achieved compliance in one category and is significantly closing the gap in the other two.

USE OF FORCE REPORTS

Under the CASA, a yearly “Use of Force” Report prepared by APD is mandatory.

APD did not published a Use of Force Annual Report since 2015 with the primary reason being that the previous administration failed to implement adequate data gathering processes and procedures for accurate reporting.

After more than two years, the Albuquerque Police Department (APD) released a “Use of Force Report” combining a single report for the years 2016 and 2018.

You can read the entire Use of Force Report here:

https://www.scribd.com/document/402811641/APD-Use-of-Force-Report-2016-2017#from_embed

General findings contained in the report can be summarized as follows:

1. Use of force was low for both years of 2016 and 2017.

2. APD officers were dispatched to approximately 450,000 calls to provide service in 2016 and that number increased to 480,330 in 2017.

3. Individuals involved in uses of force represented less than one tenth of one percent (0.09%) of those dispatched calls which was an increase from 2015. The 2015 report found that .04% of dispatched calls resulted in an officer using force.

4. The 2015 report found .04% of dispatched calls resulted in an officer using force. City officials believe the increase in use of force 2015 over 2016 and 2017 is likely due to more accurate reporting.

5. Fewer than 2% of all APD arrests involved use of force.

6. In 2016, 48.5% , of people involved in use of force cases were unarmed but about 30% were classified as “unknown.”

7. In 2017, 74.8% of people involved in use of force cases were unarmed.

8. In 2016 and 2017, there were three times as many use-of-force incidents as there were “show of force incidents”, defined as an officer pointing a firearm or other impact weapon at a person. (NOTE: The 2015 Use of Force Report, compiled by the previous administration does not track “shows of force” incidents which explains the increase according to the report.)

9. From 2016 to 2017, show of force incidents rose 35% while at the same time use of force incidents remained constant.

10. Firearm discharges made up to 2% of all use of force cases over the two years, but still rose slightly from 2016 to 2017.

11. Empty-hand techniques such as strikes, grabs, kicks, take downs and distraction techniques made up the majority of use of force cases at 70% in 2016 and 60% in 2017.

12. Fewer people were injured in use-of-force cases. In 2016, 68% of the injured needed to be hospitalized while in 2017, 94% needed to be hospitalized.

13. APD Officers were injured in 23% of use of force cases but had to be hospitalized in less than 3% of those cases.

14. Use of electronic control weapons (TAZERS) increased while other types of use of force decreased.

The mental health portions of the CASA, like other parts of the stipulated agreement, requires APD to collect and track data on calls for trained crisis intervention officers and submit the information to the Federal Monitor for the audits.

When you read and review the entire 2017- 2018 consolidated “Use of Force Report”, a major omission in the report is that there are no statistics regarding APD’s crisis intervention incidents and interactions with the mentally ill, including none by the SWAT unit.

The 2018 Use of Force report needs to contain a report regarding APD’s interactions with the mentally ill, the number of times the SWAT unit was deployed over the last three years to deal with “crisis intervention” and well as the training of APD officers in crisis intervention.

https://www.petedinelli.com/2019/03/27/apd-use-of-force-report-fails-to-report-on-crisis-intervention-incidents-involving-mentally-ill/

CASA REFORMS

It will be in November of this year that a full 5 years has expired since the city entered into the CASA with the DOJ.

For nearly 3 years, the previous Republican City Administration and the former APD command staff did whatever it could to undermine the implementation of the DOJ reforms.

During the last 16 months, there has been a dramatic turnaround with the implementation and progress with the reforms.

From all appearances, and from review of the Federal Monitor’s last reports, the City and APD has completed the following mandated reforms under the Court Approved Settlement Agreement:

1. After a full year of negotiations, the 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 have received crisis management intervention training.

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 chokeholds, to auditing the use of every Taser carried by officers and re writing and implement in new use of force and deadly force policies have been completed.

6. “Constitutional policing” practices and methods as well as mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have now been implemented at the APD police academy with all sworn also 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. Police Oversight Board has been created, funded, fully staffed and a director hired.

11. The Community Policing Counsels have been created in all area command and the counsels meet monthly.

12. The Mental Health Advisory Committee has been implemented.

13. The CASA identified that APD was understaffed. The Keller Administration and the Albuquerque Police Department (APD) intends to spend $88 million dollars, over the next four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers. APD is projecting that it will have 980 officers by this summer by growing the ranks with both new cadets, lateral hires from other departments, and returning to work APD retirees.

14. In November, APD achieved 99.6% compliance with primary tasks, 75.4% secondary compliance and 59.5% operational compliance with APD making significant progress in compliance.

According to the Use of Force Report for the years 2017 and 2018, APD’s “use of force” and “deadly force” is down, which was one of the primary objectives of the CASA reforms

Based on the statics in the 3 compliance areas, it would appear that within a year APD and the city should achieve a 95% compliance in the three compliance areas that will allow for a dismissal.

COMMENTARY AND ANALYSIS

The biggest complaint of all the DOJ consent decrees in the country is that implementation and enforcement “go on and on” for years costing millions in taxpayer money and resources to a city that could be better used for essential service.

The consent decree in Los Angeles has been going on now for about 16 year.

The CASA as negotiated with Albuquerque and APD was negotiated to be fully implemented over a four year period which was achievable.

The delay in full implementation of all the reforms within the 4 years is inexcusable and the result of the previous incompetence of the prior APD command staff and administration.

Further, the Federal Court as well as the Department of Justice contributed to the delay in implementing the reforms by refusing to be aggressive and take action against APD management that engaged in “delay, do little and deflect” tactics as decried by the monitor.

The Federal Monitor also did little to assist APD with implementation of the reforms other that audit and monitor progress proclaiming it was not his job to help APD, his job was to collect data and information, audit and to report to the court on compliance and to collect his $4.5 million in fees.

All other federal consent decrees of city police departments involve in one form or another the finding of “racial profiling” and the use of excessive force or deadly force against targeted groups or minorities.

Consent decrees involving “racial profiling” and racism are far more difficult and complicated to enforce because you cannot “teach” racial equality, eliminate racism in people and it is difficult to identify that a person is a racist when you recruit someone to be a police officer.

The 2013-2014 DOJ investigation of APD “use of force cases” and a finding of a “culture of aggression” within APD dealt with police officers interactions and responses to suspects that were mentally ill and that were having psychotic episodes.

APD Police Officers were found to have escalated encounters with the mentally ill, even calling SWAT out to deal with the conflicts, such as the 2014 killing of mentally ill and homeless camper James Boyd in the Sandia Foot hills

The DOJ found that APD policies, training, and supervision were insufficient to ensure that 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.

Crisis intervention an dealing with the mentally ill is “teachable” and “trainbale.”

APD has now trained its police officers to deal with the mentally ill and constitutional policing practices continue to be emphasized at the APD Academy.

APD is making significant progress in becoming fully staffed and returning to “community policing.”

The City has also created the Police Oversight Board to deal with citizens complaints, the Community Policing Counsels and the the Mental Health Advisory Committee.

With the continued implementation of the DOJ reforms, especially those reforms involving the mentally ill, the spirit and intent of the CASA has been realized.

95% to 100% compliance with the CASA should be achievable no more than 12 months, if not sooner, from now.

The roll of the Federal Monitor should now be reduced as well as the continued costs of the monitoring team reduced.

APD and the City should commence negotiations immediately with the Department of Justice for a stipulated “Order of Compliance” from the Federal Court with a dismissal of any and all causes of action the DOJ may have against the city and APD within a year.

Otherwise, the city of Albuquerque will be sucked into “year after year” of expenses and costs associated with a consent decree whose primary objective has been achieved.

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POSTCRIPT

Following are links to other related articles and source materials:

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

https://www.abqjournal.com/489280/city-justice-department-sign-off-on-apd-overhaul.html

https://www.cabq.gov/police/news/settlement-agreement-city-of-albuquerque-justice-department

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

https://www.krqe.com/news/city-of-albuquerque-doj-agree-on-contract-for-federal-monitor/1020298419

https://www.petedinelli.com/2018/03/16/apds-new-theme-song-changes-in-attitude-changes-in-latitude/

https://www.petedinelli.com/2018/06/12/not-sure-who-to-believe-creating-two-problems/

https://www.petedinelli.com/2018/12/19/tracing-the-evolution-of-apds-culture-of-aggression-ends-with-a-warning/

https://www.petedinelli.com/2017/05/16/doj-needs-to-seek-contempt-of-court-against-apd-command-staff/

On March 30, 2019, the Albuquerque Police Department released the City’s crime statistics for the first quarter of 2019 which runs from January to March of 2019.

https://www.kob.com/albuquerque-news/apd-most-crime-is-down-but-non-fatal-shootings-are-up/5299172/?cat=500

https://www.abqjournal.com/1298419/crime-stats-show-another-drop-in-abq-crime.html

For the second time, APD reported that crime is continuing to drop from 10 years of historic highs in all major categories but nonfatal shootings are up.

https://www.petedinelli.com/2018/12/28/abqs-crime-rates-going-down-but-abq-still-a-violent-city/

Property crimes, robberies, auto thefts and auto burglaries all dropped.

Auto burglary decreased by 28%, auto theft decreased by 29%, and residential burglary decreased by 32% compared to last year’s numbers during the same time period.

Property crimes, like theft and burglaries, have had a 17% drop from 2017 to 2018 for the same time period last year.

The decline represents a dramatic decrease to the numbers reported last year.

The only bad news in the report was that the city saw an increase in nonfatal shootings.

According to the statistics, non-fatal shootings went up 12% and there have been 131 nonfatal shootings the first quarter of the year compared to last year’s number of 114.

The specific highlights in each category of crime are as follows:

Auto Burglary: down 28%
Auto Theft: down 29%
Commercial Burglary: down 2%
Residential Burglary: down 32%
Homicide: down 24%
Rape: down 7%
Robbery: down 22%
Aggravated Assault: down 4%

The Keller Administration and APD intends to announce a new program that will deal with “violent crime” in the context of it being a “mental health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

According to city officials, APD will announce the creation of a new unit that will track violent crime relying on the same methods used to track auto thefts, weekly reports summarizing shootings, refining policies, and learning from best practices used by other law enforcement agencies.

ANALYSIS AND COMMENTARY.

This is the second quarter that APD has reported a major decrease in the city’s skyrocketing crime rates.

The fact that it is the second time the statistics show a decline in crime rates indicates a clear downward trend is emerging and that the first quarterly report reflecting a decline was not just a fluke and not a stroke of good luck.

Since this time last year, the number of sworn police has gone from 850 and it is projected that APD will have approximately 980 by July of this year because of an aggressive recruitment program and increases in police pay.

APD is projecting that it will have 980 officers by next summer by growing the ranks with both new cadets, lateral hires from other departments, and returning to work APD retirees.

Police officers patrolling the streets making more traffic stops and APD’s concentrated effort to reduce robberies and auto theft has led to a reduction in robberies, car theft, and burglaries.

Bringing down violent crime involving guns, such as murders and domestic violence, is always more difficult because of issues such as inadequate mental health care and substance abuse problems.

Domestic violence is clearly the most difficult category to bring down when it comes to violent crime because of the “cycle of violence” involved with such crimes.

All too often in domestic violence cases, the abused decline to charge and prosecute and return to their partner or spouse with the “cycle of violence” continuing.

New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

On September 16, 2017, according to an annual study published by the Violence Policy Center, it was reported women are more likely to be killed by men in New Mexico than nearly any other state.

http://www.santafenewmexican.com/news/local_news/new-mexico-s-rate-of-women-killed-by-men-among/article_eb7e4a2c-273d-5eb6-8007-e5936639b64f.html

The study found the state has the 10th-highest rate of women killed by men, marking the third straight year New Mexico had appeared toward the top of the list, while New Mexico’s overall homicide rate ranked lower.

Statics in Albuquerque show that after about the 10th or 11th time there is a call out of the Albuquerque Police Department to a home for domestic violence, it is usually to pick a woman up in a body bag.

Albuquerque’s dirty little secret is that domestic violence is the number-one reason why a woman is admitted to the emergency room of the University of New Mexico Hospital.

The 2019 New Mexico Legislature passed Senate Bill 328 which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act.

Under the enacted legislation domestic abusers must surrender their firearms to law enforcement.

The gun possession prohibition also applies to people convicted of other crimes such as battery on a household member.

APD should now concentrate on and target domestic violence to bring down violent crime, not to mention to save people’s lives.

Gun Sale Background Checks And Requiring Domestic Abusers To Surrender Firearms Responsible Gun Control

On March 28, 2019, Attorney General Hector Balderas announced that he will not be a candidate for the United States Senate to fill the vacancy the result of Tom Udall’s retirement.

Balderas also announced he will not run for the congressional seat of Congressman Ben Ray Lujan and would complete his second term as New Mexico Attorney General.

Balderas was just elected in November, 2018 a second term as Attorney General.

Attorney General Balderas served two terms before as State Auditor for 8 full years and before that was a NM State Representative from Wagon Mound.

Balderas announced he intends to finish his term as Attorney General which ends January 1, 2022.

There is no doubt that Balderas would probably have been one of the two top-tier candidates in the U.S. Senate race.

Balderas has now run 5 state wide races and has succeeded in winning 4, two as state auditor, two as attorney general and he did not win the Senate race against Senator Martin Heinrich.

During his first term as Attorney General, Balderas has maintained a high profile especially with has filing public corruption charges against several elected officials, including ex-Secretary of State Dianna Duran, a Republican, and former Democratic state senator Phil Griego.

The Attorney General’s office has also filed several lawsuits targeting the policies of President Donald Trump.

Although tempted to run for Unites States Senate, Balderas announced as the main reason for not running was his family.

Balderas, who along with his wife recently became the legal guardian of his 20-year old daughter, Arianna, who has Down Syndrome said:

“Quite frankly, we could not survive the travel schedule of a U.S. senator right now”.

ANALYSIS AND COMMENTARY

All too often, elected officials after serving a period of time become intoxicated with the power and the attention bestowed upon them not realizing the toll it takes on their personal family life, especially if they have children.

Many a politician forget that running for office is in fact a team effort with their family and all too often politicians sooner or later wind up in divorce and very lonely.

Many elected officials forget that running for office is the life and profession they have chosen, but it is not the profession family members make, especially children.

With the reasons Hector Balderas gave for not running for a job he probably wanted, Balderas showed the true character of a person who knows that family means more in the long run than holding an elected position.

At the age of 45, time is indeed on the side of Hector Balderas and there is always time to run for office in the future.

Balderas made the right decision.

This is the first of two articles of what I remember when it comes to the Albuquerque I grew up in, went to school, worked in, raised a family and what the city has become today.

The second article discusses the history of Albuquerque Uptown from 1952 to 2019 and how the ABQ Uptown area has evolved over the years.

You can read the second article entitled “A Brief History of ABQ Uptown: 1952 to 2019” at the link in the postscript below.

(Editors Note: The original first article “A Brief History of Downtown: 1952 to 2019” has been edited, shortened, and updated. Information that was contained in the first article on “ABQ Uptown” was used for the second article with additional information added to it. What many readers who were born and raised here or who have spent most of their lives here will discover is that the mere mention of the names of businesses and locations will bring back a rush of memories to them, hence the writing approach.)

INTRODUCTION

To read this article in perspective a few introductory remarks are in order.

Both articles were written with a heavy reliance on memory followed up with research to confirm dates given.

I was born on March 1, 1952 at Presbyterian Hospital and raised in Albuquerque.

According to the 1950 Census, the city’s population was 97,000 people and in 2018 the city proper had an estimated population of 558,000.

https://www2.census.gov/library/publications/decennial/1950/pc-02/pc-2-45.pdf

I attended St. Mary’s grade school downtown (1st grade to 8th), Cleveland Junior High (Louisiana, NE) and graduated from Del Norte High School (Montgomery, Ave and San Mateo) in 1970.

Around 1960, the Paul and Rose Dinelli family of six (two boys, one girl with one girl later born) moved from a home on Lomas and 3rd Street to a Mossman Gladden, red brick, tract home on San Pedro, North of Menaul. The home was purchase for a value of $16,000 and today with appreciation has a value of around $150,000.

When I was old enough, I took a city bus everyday from a bus stop at San Pedro and Candelaria NE at 7:00 am, the bus traveled turn south on San Mate and then would turn West on Central all the way downtown to the Sears Department store on Central where I would get off around 7:45 then walk to St. Mary’s grade school with school starting at 8:30. After a grade school day at St. Mary’s ending at 3:00 pm, I would walk from St. Mary’s School South to Central, walk East on Central to Mc Cullen’s store and take the 3:30 pm city bus to San Mateo, the City bus would make a left on San Mateo and go to Candelaria and take left on San Pedro and I would get off at the bus stop on San Pedro at the “Bob White’s” Super Market at the corner of San Pedro and Candelaria and walk home going South to our home in front of Quigley Park.

GEOGRAPHIC AREA OF DOWNTOWN DEFINED

The historical soul of Albuquerque will always be “Old Town” Plaza Albuquerque founded in 1706 with its narrow streets and century-old adobe houses, the historic Francis De Neiri Church and the Old Town Plaza Gazebo.

From approximately 1952 to about 1965, Downtown Albuquerque on Central from Broadway to Rio Grande, including Old Town, was considered the “hub of activity” for retail and business where you would shop, bank and go for entertainment and the area of major tourist activity.

Central Avenue going West from Broadway Ave to the Rio Grande River is traditionally thought of as “Downtown” by many born and raised in Albuquerque or long-term residents.

Downtown Albuquerque should probably also be considered to include a mile north and a mile south of Central between Broadway and the Rio Grande river so as to include Old Town, the Albuquerque Museum, the Children’s Science Museum, the New Mexico History Museum, the Zoo, the BioPak, which includes the botanical gardens and aquarium, and various government buildings including courthouses and commercial office buildings.

GHOSTS OF “DOWNTOWN ALBUQUERQUE”

From 1952 to 1965, Downtown Central with all its retail commercial stores, banks, utility office buildings and theaters was the beating financial heart of the city and in its heyday.

There were many retail stores that existed on Central Street downtown and side streets and included:

Leeds Shoe Store, Mindlin’s Jewelry, Mandell Dreyfus, the Court Cafe and Bakery, Kistler Collister, Sears & Roebuck, Lindy’s Diner, the old Hilton, Liberty Cafe, St. John’s Cathedral, Gambel’s, The Men’s Hat Shop, Skip Maisel’s Indian Jewelry and Crafts Trading, Levine’s, JC Penney, Montgomery Ward’s, Fedway Department Store, Paris Shoe Store, Hale Shoe Store, Stromberg’s Clothing, American Furniture, People’s Flowers, Russell Stover’s candies, Mc Cullens, Tandy’s Leather, The Magic Shop, Kurt’s Camera Coral, Krees’s, Woolworth’s, Payless Drugs, Zales Jewelry, Skaggs, Fogg’s Fine Jewelry, PNM (across from the KIMO) the Sunshine, KIMO, State and the El Rey movie theaters, and First National Bank, Franchini’s Deli and Magnison’s Deli and the YMCA to mention a few. The Alvarado Hotel was located at 1st and Central and the pueblo style 7 story Franciscan Hotel was at 6th and Central.

In 1958, the construction of the Immaculate Conception Catholic Church, located at 619 Copper, NW, downtown, began with the dedication of the church taking place on March 24, 1960. The Catholic Church with its imposing front entrance with the Crucifixion Christ and on the inside the ornate mosaic of the Virgin Mary flanked by 3 angels on each side as the backdrop of the alter is considered one of the most ornate churches in the city. I went to confession many times at the church and took my first holy communion at the Immaculate Conception Church after which my father Paul Dinelli took me to “Ruppie’s Pharmacy” still located on 4nd Street, about 2 miles South of Central, to visit. I also received the sacrament of confirmation at the Immaculate Conception Church and for some reason remember the sound of the Arch Bishop’s slap resonating on one student in particular.

The demolition of the Franciscan Hotel and the Alvarado Hotel and restaurant signaled the beginning demise of the downtown area to what it is today.

What also contributed to the demise of Downtown was the closure of the old “Albuquerque High School”, dubbed “Bulldog City” named after the school’s mascot, located and Central and Broadway, and the school was moved to its current location at Indian School and the freeway. For decades, the old Albuquerque High School on Central remained vacant and deteriorating until the school buildings were eventually purchased and developed into high end condos.

THE HILTON HOTEL

It is the Hotel Andaluz located at 125 2nd St NW that is the historic Hilton Hotel. The hotel was built June 9, 1939 and opened as the Hilton Hotel. It was the first Hotel in New Mexico constructed by New Mexico native Conrad Hilton at cost of $700,000. It originally had 176 rooms, was the tallest building in New Mexico and the first building to have air conditioning. Over many years, the hotel was bought and sold and renamed “La Posada de Albuquerque” (1984). In 1984, the building was place on the National Register of Historic places. In 2005 the building was purchased by Albuquerque Businessman Gary Goldman for $4 million, it was extensively remodeled and updated to preserve the historical nature of the building and in 2008 was renamed the “Hotel Andaluz”. Goodman realty is also the owners of the Winrock Shopping Center which has been essentially leveled and being redeveloped.

https://hotelandaluz.com/our-story/

THE ALVARADO HOTEL

The Alvarado Hotel had a tremendous historical significance to the city.

Albuquerque’s first train station was a small railroad depot on the site of the current Alvarado Transportation Center at First and Central in the 1880’s.

With increasing demand for a larger facility, the Alvarado Hotel, a Mission Revival-style building which served as one of the many Harvey Houses along the train route, was constructed on the site in the year 1902.

“Harvey Girl’s” were trained at the Alvarado with dormitory facilities provided to young woman in need of work. A very young Rose Fresques Dinelli in her mid twenties lived in the dormitory and was trained to be a Harvey Girl. Many years later, she would meet Paul Dinelli at the Alvarado, Paul and Rose married. Many years later Rose would again become a waitress at other restaurants after Paul became seriously ill and she initially supported the family of five on the minimum wage. Rose Dinelli was a waitress for some 30+ years before she passed away in 1997 at age 76 from breast cancer. Rose Dinelli passed away in the very same Mosman-Gladden home she had purchased with her husband Paul around 1962.

Santa Fe Railroad architect Charles Whittlesey designed the Alvarado building, and Mary Colter designed the interior of the hotel. The hotel was named for “Hernando de Alvarado” of the 1540 Francisco Vásquez de Coronado Expedition.

Just south of the hotel a train station was constructed, also in the Mission Revival style, with a large, distinctive tower. In 1902, the Alvarado Hotel, also a Mission Revival-style building which served as one of the many Harvey Houses along the train route, was constructed at 1st and Central. The Alvarado Hotel was renowned for its luxury and food dining, but by the mid-20th century, with the decline in railroad travel in the United States, the hotel fell on hard times and was demolished in 1970. The Alvarado Hotel was demolished in 1970 and the site remained a dirt parking lot for many years and the City eventually purchased the property.

https://en.wikipedia.org/wiki/Alvarado_Transportation_Center

The current Albuquerque Transportation Center (ATC) complex was constructed in the 2000s to resemble the façade of the Alvarado. The first phase of the ATC project was completed in 2002 to serve ABQ Ride and the second phase was completed in 2006.

THE FRANCISCAN HOTEL

Franciscan Hotel was located at Central Avenue and Sixth Street, northwest corner and had 150 guest rooms, of which 50 were equipped with a private bathroom facilities. The hotel was six stories, plus a basement and a penthouse for a total of 7 stories. The Franciscan hotel opened on December 15, 1923, closed in October, 1970, and was demolished in May, June and July, 1972.The Franciscan Hotel was a hotel designed in the style called “Pueblo Revival”. The main lobby had the distinctive “vegas” of the pueblo style revival.

http://www.henrytrost.org/buildings/franciscan-hotel/

Former APD and retired Police Officer Steve Devoti and his grade school classmate Pete Dinelli attended St. Mary’s Grade School and at that time John Devoti, father of Steve, was the general manager of the Franciscan Hotel with the DeVoti family living in the Franciscan Hotel at the time in the Managers Quarters of the hotel. Many years later, John Devoti would become the general manger of the “Stadium Club”, a restaurant built and located on the second floor of the “Dukes Baseball Stadium”. John Devoti hired Pete Dinelli, around 16 at the time, as a busboy at the Stadium Club.

Since its demolition in 1970, the land that the Franciscan Hotel was located has been a vacant parking lot.

DOWNTOWN TRANSFORMS

Around 1960, from San Pedro going east and north east was basically vacant land that was developed over the subsequent years with many homes built by Mossman Gladden Homes and Dale Bellamah Homes. Urban renewal in the 1960s and 1970’s gutted or demolished many historic and government buildings in downtown Albuquerque as well as residential areas. Residential areas in the down town area where civic plaza and the convention center now are and going all the way north to Lomas were condemned and torn down for urban renewal.

The original Albuquerque Convention Center was built in the late 1960’s as part of “urban renewal” as was the old 5 story Frank Horan City Hall building and the 4 story downtown main police station were built and still stand on property that was condemned in the name of “urban renewal”. To the north of the original convention center was built the “Hilton Double Tree” hotel, 201 Marquette, NW, built in 1975, to serve the convention center and the “semi-circular” architecture portion of the hotel was reportedly inspired by “hot air” balloons and originally painted in various bight colors. During urban renewal, many residential areas downtown were demolished and replaced by office buildings and it had an impact on retail businesses along Central Downtown.

In 1960, the 14-floor building known today as the New Mexico Bank and Trust Building, 3701 4th Street, NW, was opened .

In 1965, the 13 story Dennis Chavez federal office building at 500 Gold, SW was opened. Between 1984 and 1989, private Attorney Pete Dinelli tried cases and appeared before Federal United States District Judges Edward L. Mitchem and Juan Burciaga and United States Federal Bankruptcy Judges Stewart Rose and Mark Mc Feely.

In 1966, both the 18 floor Compass bank building, 505 Marquette, NW and 12 story PNM office building, 414 Silver, SW, were built in the mid 1960’s.

In 1972 the 6 story First Plaza building, 200 3rd St, NW, was completed and was the corporate headquarters of First National Bank owned by the Maloof Family. In the basement of First Plaza is the Galeria and at one time had a restaurant “El Esquina”, a NM Motor Vehicle Satellite Office, the art studio of well known New Mexco oil painter artist Author Sussman and a private gymnasium. Concentra Art Gallery is one of the few stores that remain in the lower level of the Galeria. In the front of the Galeria is a bronze statute of George Maloof, Senior and it was orginally placed in front of a New Mexico Motor Vehicle Deaprment (MVD) building and a puplic out cry occurred demanding its removal because Goerge Mallof was the New Mecio distributor of Coors Beer and many felt the placement of the statue was inappropriate given New Mexico’s DWI problems.

In 1973, the 16 story Wells Fargo Building at 200 Lomas, NW opened. In 1978, the law offices of attorney and Republican County Commissioner Skeet McCulock were in the building.

In 1973, the 10-story Bank of the West and Davita Medical building complex located at 303 Roma, NW with and adjoining multi story parking structure across from the Wells Fargo Bank on Lomas was opened. Where the parking structure now sits South of Lomas on third street was the location of Paul’s Barber Shop built by Paul Dinelli on the lot of where the home of Rose and Paul Dinelli once stood before moving to a home on San Pedro. Paul’s Barber Shop would later be condemned by the city, the building leveled in the interest of the urban renewal. Since the construction of the building, the law firm of Modrall, Sperling, Rael, & Sisk, PA one of the largest law firms in the state, have had its office located on two floors of the building. Renown New Mexico landscape artist Wilson Hurley was an attorney with the firm before he bacame an artist full time.

In 1975, the 8 floor, city owned, Plaza Del Sol, 600 2nd, was opened and was originally a bank building.

In 1978, the 8 floor AT&T building at 111 3rd NW, was built.

In 1980, the eight-story, 251,000-square-foot-building Alvarado Square located 415 Silver SW, was built by Hunter Keith Industries expressly for PNM Resources and was the corporate headquarters for PNM. Empty for a full 2 years from 2014 to 2016, it was purchased by Bernalillo County in 2017 and will be renovated and remodeled as the new Bernalillo County Government Main Office and Headquarters and will house about 1,200 county employees.

The old Bernalillo County Detention center building located at 415 Roma, NW was built in 1978 and was updated in the early 2000s. The Bernalillo County Detention Center building at 415 Roma, NW has foot wide windows, with inches thick security glass from top to bottom, where it was very common to see relatives and acquaintances of jail inmates outside on the ground communicating by “sign language” with jail inmates looking down at them. The old jail was the New Mexico Regional Correction Center until 2001 and then later an Immigration and Customs Enforcement (ICE) detention facility. The old jail building is in need of a total new sewer system and in need of extensive repairs to the point it will be demolished. Over the years, the jail facility has been used for filming but was completely closed down 2014 due to safety concerns.

Built in 1978, the 6 story Bernalillo County Public Safety Building located at 401 Roma, NW was the former Metropolitan Court house until January 20, 2004 when the new Metro Court on Lomas was dedicated and opened.

The 8th floor “Plaza Campana” 400 Tijeras the houses Molina Health care was built in 1981 and has gone under significant renovations over the years.

Locally owned banks such as First National Bank, owned by the George G. Maloof family and the Albuquerque National Bank and SUNWEST Bank started to establish branch banking before the banks were bought by bigger national banks such as Bank of America, Wells Fargo, Bank of the West, CITI Bank, and Compass Bank.

It was not until the early 1980’s that the City-County Government Center, 11 story building located at 1 Civic Plaza west of the plaza and located between the Frank Horan City Hall building and the old District Courthouse was erected. Frank Horan was a long time serving City Attorney whose son and grandson went on to become a lobbyist and an attorney repecttiflly. In 1985, Pete Dinelli was elected to the Albuquerque City Council, District 5, became Vice President of the City Council and was assigned an office on the 9th floor of the newly erected City-County Government Center. Pete Dinelli served on the Albuquerque City Council from 1985 to 1989 with Steve Gallegos, Vince Griego, Pat Baca, Michael Weiner, Richard Chapman, Nadine Bicknell, Tom Hoover, Fran Hill and Hess Yntema when Ken Schultz was Mayor. Years later, Pete Dinelli returned to City Hall in 2001 and served for a full 8 years as a Deputy City Attorney and had an office on the 4th floor of city hall for the Safe City Strike Force. Dinelli made it to the 11th floor in July, 2007 when he became Chief Public Safety Officer but he did not get the 11th floor office he wanted despite trying twice, once in 1989 and then again in 2013.

The distinctly dome designed Albuquerque Civic Auditorium east of the old St. Joseph’s Hospital opened in 1957 and was demolished in 1987 and a city own entertainment venue never replaced it. In 1970, Pete Dinelli was the Del Norte High School Senior Class President and spoke to the 1970 graduating class at the Civic Auditorium where most high school graduations occurred at the time.

At one time, the Greater Albuquerque Chamber of Commerce offices were located at the Albuquerque Civic Auditorium where the dynamic G.Y. Fails was the Executive Director of the Chamber for a number of years. G.Y. Fails was a proud member of the American Legion where he served as a National Committeeman and was a close personal friend of former Democratic State Party Chairman Drew Cloud, who also was a member of the American Legion and a World War II veteran. For a number of years, both G.Y. Fails and Drew Cloud were Government Councillors at the American Legion New Mexico Boy’s State held every summer at the New Mexico Military Institute in Roswell, New Mexico. In 1969, G.Y. Fails and Drew Cloud met 17 year old Pete Dinelli, a Boy’s Stater who represented Del Norte High School. Dinelli was elected the 1969 New Mexico Boy’s State Governor.

Two businesses that have survived for decades on Central downtown have been the “The Men’s Hat Shop” and “Skip Maisel’s Indian Jewelry and Crafts Trading”. Skip Maisel’s Indian Jewelry and Crafts Trading announced in February, 2019 that it was closing its doors and going out of business.

STEADY DEMISE OF “DOWNTOWN” AS ALBUQUERQUE “GROWS” EASTWARD

Around 1960, from San Pedro going east and north east was basically vacant land that was developed over the subsequent years with many homes built by Mossman Gladden Homes and Dale Bellamah Homes.

After urban renewal of the 1960s and 1970s, Albuquerque’s population growth continued to the North East Heights with Coronado Shopping Center and WINROCK eventually replacing the Downton retail shopping area of the city.

Many of the national downtown retail stores such as Sears, J. C. Penny’s and Montgomery Wards relocated to the malls to follow all the residential development.

It was with the building of the major retail shopping malls in the 1960s and when the city growth and population began spreading to the East and North East when the downtown area very slowly began to wither and die. WINROCK mall was opened March, 1961, Coronado Shopping Center was opened March, 1965 and both were “open malls” and two of the very first malls ever opened in the United States.

It was in 1964 that the 10 story Landmark Apartments, 6303 Indian School Road in Uptown was completed and it was the first “luxury” apartments built and today it has studio, one bedroom and 2 bedroom apartments.

Both WINROCK and Coronado have expanded and transformed repeatedly various times from open malls to closed indoor malls.

The UPTOWN Commons Shopping area opened in 2006.

THE COURTHOUSE DISTRICT CREATED

It was in 1998 that the “Court House” District began to emerge in Downtown Albuquerque.

The Second Judicial District Court was located at 5th and Marquette and law student Pete Dinelli was a law clerk during the summer months of 1975 and 1976 for then District Court Judges Harry Stowers, Joseph Baca, Phil Baiamonte and Rozier Sanchez.

Either as an Assistant Attorney General, Assistant District Attorney, Bernalillo County Chief Deputy District Attorney or as an attorney in private practice of law, Pete Dinelli appeared before District Judges Harry Stowers, Joseph Baca, Phil Ashby, William Riordan, Patricia Madrid, James Blackmer, Ross Sanchez, Maurice Sanchez, James Fowley, Frank Ryan, Frank Allen, Gene Franchini, John Brennan, Pat Murdock, Phil Baiamonte, Rozier Sanchez, Gerald Cole and Anne Kass at one time or another at the District Court House located at 5th and Marquette. District Judges Harry Stowers, Joseph Baca, William Reardon and Gene Franchini all went on to become New Mexico Supreme Court Judges and District Court Judge Patricia Madrid became the first and only female ever elected New Mexico Attorney General serving two terms. Glennie Franchini, the wife of Gene Franchini, was the campaign manager for New Mexico Supreme Court Justice Harry Stowers, a roll she would repeat later for her husband Gene Franchini. State District Court Judge Nancy Franchini, the daughter of Gene and Glennie Franchini was elected to the District Court bench in 2014.

In 1998, the 7 story, $41 million United States Federal Courthouse located at 333 Lomas Blvd. NW across the street from the Metropolitan Court was completed and dedicated. Years later, it was dedicated as the Pete V. Domenici Federal Courthouse.

https://en.wikipedia.org/wiki/Pete_V._Domenici_United_States_Courthouse

During the last 60 plus years, there have been 3 physical locations for the Bernalillo County District Attorney’s Office: the 2nd Judicial District Courthouse, “Union Station” and the Steve Schiff District Attorney Building. Over the last 60 years, the Bernalillo County District Attorney office has grown from a small office of one elected District Attorney and 10 appointed Assistant District Attorneys to an office that employs 319 full time personnel consisting of 118 full time attorneys, and numerous paralegals, secretaries, investigators, and victim advocates.

For many years, and for many elected District Attorneys, the Bernalillo County District Attorney’s Office was located on the second floor of the old 2nd Judicial District Courthouse downtown at 5th Street and Marquette, NW. Assistant District Attorney Pete Dinelli was appointed by District Attorney Steve Schiff, who later was elected to the US Congress. Dinelli served in the White Collar Crimes Division and the Violent Crimes Division and he had an office on the second floor of the courthouse and worked for District Attorney Steve Schiff for two years. Prominent trial attorney Randi Mc Ginnn also served as an Assistant District Attorney in the Violent Crimes Division along with Dianne Dal Santo who later became a District Court Judge. Elected Bernalillo County District Attorneys who worked at the old County Courthouse included Al Sorese, Jim Brandenburg, father of Kari Brandenburg who served for 16 years as District Attorney, Ira Robinson, Steve Schiff and Bob Schwartz. Ira Robinson went on to be elected to the New Mexico Court of Appeals, Bob Schwartz went on to be elected a State District Court Judge, Steve Schiff went on to be elected United States Congressman and Pete Dinelli was appointed by Governor Bruce King as a Workers Compensation Judge with state wide jurisdiction and he served for 7 years as an Administrative Law Judge. The old courthouse at Tijeras and 5th still stands today and it is often used for TV and film productions, including “Breaking Bad” and “Better Call Saul”, for courtroom scenes.

Also located in the courthouse at 5th Street and Marquette was a jail facility on the very top floor that inmates would regularly plug up the toilets resulting in flooding to the below courtrooms and offices.

The historic Union Station building located off of Central and the rail road tracks in downtown Albuquerque housed the District Attorney’s office for about 10 years, with the county remodeling and repairing it over those years. District Attorneys Bob Schwartz and Jeff Romero worked at the Union Station Office. District Attorney Jeff Romero hired Pete Dinelli as Chief Deputy District Attorney and they both had offices at the Union Station building.

As both the 2nd Judicial District Court and the District Attorney’s Office grew over the years, it was necessary for the county to move both the District Attorney’s Office and the District Court to their own separate buildings. In June, 2001, the Bernalillo County Courthouse located at 400 Lomas and the adjacent Bernalillo county District Attorney Office were dedicated.

The Bernalillo County District Attorney’s Office at 400 Lomas was built during the term of District Attorney Jeff Romero and Deputy District Attorney Pete Dinelli. Both Romero and Dinelli successfully lobbied the Bernalillo County Commission for funding and construction at the same time as the new courthouse. The building of the courthouse and the District Attorney’s Office were both part of the same project costing $55.9 million dollars to construct both buildings. An emphasis was placed on aesthetics for both the new courthouse and the district attorney office to include public art, including sculptures and paintings. Outside and in front of the entrance of the District Attorney’s office is a commissioned sculpture of an adult “American eagle” in a nest with chicks to symbolize the nurturing of justice. The outside bronze piece is a commissioned work of art by well-known New Mexico sculptor Sonny Rivera.

In January, 2004, the nine story Bernalillo County Metropolitan Court house, with a construction cost of $83 million, and located on the northwest corner of 4th Street and Lomas Boulevard was dedicated.

ATTEMPTS TO REVITALIZE DOWNTOWN

In the early to mid-1980’s, the City Council attempted to revitalize Downtown as a place to go with the multi-million dollar “Festival Market Place”. The Festival Market place was intended to be a large entertainment venue where civic plaza now sits and nearby areas. “Concerned Citizens” of Albuquerque mounted a voter initiative to put it on the ballot that killed the festival market place.

After the demise of the Festival Market Place at the polls, the City Council exerted itself even further with Downtown revitalization by pushing the expansion of the Albuquerque Convention Center with the major addition of an east wing and a parking structure. The 21 story Hyatte Regency and 22 story Albuquerque Plaza complex, which opened in 1990, were built in part with city bonding to coincide with the convention center expansion.

From 1985 to 1989, the Albuquerque City Council continued with efforts to try to revitalize in part Downtown Albuquerque.

In 1987, the City Council enacted the 10-year quarter cent “Quality of Life” tax which included funding for a Performing Arts Center, the Children’s Science Museum, the Botanical Gardens, the Albuquerque Aquarium and the Balloon Museum and the acquisition of critical open space in the Sandia foothills. City Councilor Pete Dinelli was one of the two original sponsors of the “Quality of Life Tax.” The Children’s Science Museum, the Botanical Gardens, the Albuquerque Aquarium and the Balloon Museum were all constructed with the 10 year Quality of Life tax revenues.

The performing arts center was originally proposed to be built at a cost of $60 million and was to be built on the city vacant land located directly north of Civic Plaza in an effort to revitalize downtown. Another voter petition drive initiative was undertaken that forced a vote on the proposed performing arts center and voters said no to the project.

From 1990 to 1994, downtown revitalization took the form of trying to build a new baseball stadium in the area of Broadway and Lomas to again revitalize the area and bring people to downtown.
Relocating the baseball stadium failed and the old baseball park for the “Dukes” baseball team was leveled and rebuilt calling it a “remodeling” and the stadium was renamed “Isotopes Park” after the city was able to lure another professional baseball team.

The Bio Park, with the Rio Grande Zoo, Aquarium and Botanical Gardens, is the number one tourist attraction in the State of New Mexico. During the 2015 municipal election, Albuquerque voters approved with an overwhelming majority the voter petition drive initiative to increase the gross receipts tax for the Bio Park. There are at least $40 million dollars in upgrades and exhibits planned for the Bio Park facilities and without making those repairs, the city risks losing many national certifications.

ART BUS PROJECT

A major impact on the historical character of Route 66 Central was the construction of the ART Bus Project. In 2015, ground was broken for the Albuquerque Rapid Transit (ART) bus project at a cost of $130 million dollars with the use of a federal grants and revenue bonds to finance. The ART Bus project is a 10 mile stretch of old “Route 66” along Central from the Westside Coors Road through the downtown area up to Louisiana Street, NE. The ART project was constructed and designed to go directly down the center of Central with “bus stop” platforms constructed in the center of Central. The construction of the bus route eliminated the median improvements made in the ten mile stretch. Downtown dodge a major bullet when the ART Bus route was diverted from Central going west starting at First Street up side streets to 10th Street and back on Central at Old Town with no ART Bus platforms constructed from First Street to Rio Grande Blvd. Although the ART Bus lanes and platforms were completed in 2018, delivery of 22 new buses for the bus route has yet to happen.

A DOWNTOWN IDENTITY CRISIS

“Downtown Albuquerque” has become the government and financial district for the city with the location of city hall, the City/County Government Center, the Metro Court, State District Court, the Federal Courts, the Social Security Administration, the main bank branches of Wells Fargo, Bank of America, Bank of the West, Compass Bank and other banks and government agencies.

The center of Albuquerque and the new “downtown” is the Uptown Area of the city consisting of Coronado Shopping Center, the many shops at the Commons at Uptown, and the WINROCK development.
The WINROCK development will include even more retail shops and even luxury housing when it’s done not to mention all the restaurants that have popped up in the area with even more planned including commercial office space in the area.

Downtown Albuquerque is clearly part of the sole of the city, as is Old Town, because of the history it represents. There has been a very large number of multi-story apartments and condos developed directly south of Central between 1st Street and 6th Street within the past 10 years along with the Silver Street “grocery store” in one of the developments. The residential developments are Downtown’s biggest hope yet for Downtown revitalization because it will sustain vibrant downtown activity, where people can live, raise a family and work and play which is the “walkable city” concept.

The Albuquerque High School condos and the Lobo Rainforest Building and Innovate Albuquerque development across the street at Broadway and Central will no doubt help with Downtown revitalization. The “One Central” development located at 1st Street and Central, which is now opened, is a public-private mixed-use development, including at least 39,000 square feet of commercial space with an entertainment tenant initially described as an upscale bowling alley with at least two other retail or restaurant tenants, 60 residential units and a 429-space parking garage.

PROSPECT OF RETURNING TO OLD GLORY DAYS

There has been a very large number of multi-story apartments and condos developed directly south of Central between 1st Street and 6th Street within the past 10 years along with the Silver Street “grocery store” in one of the developments.

The Albuquerque High School condos and the Lobo Rainforest Building and Innovate Albuquerque development across the street at Broadway and Central will no doubt help with Downtown revitalization. The “One Central” development located at 1st Street and Central, is a public-private mixed-use development, including at least 39,000 square feet of commercial space with an entertainment tenant initially described as an upscale bowling alley with at least two other retail or restaurant tenants, 60 residential units and a 429-space parking garage.

The historic and vacant Albuquerque Rail Yards are within one mile of the Downtown area located south of Downtown between the Barelas and South Broadway neighborhoods. Lorenzo Dinelli, the father of Paul Dinelli and the grandfather of Pete Dinelli, immigrated from Lucca, Italy to Albuquerque in the year 1900 and years later Lorenzo Dinelli worked at the Albuquerque Rail Yards years later once they rail yards had been constructed. Albuquerque Rail Yards has 18 buildings still standing erected between 1915 and 1925 and include four major maintenance facilities built by the Atchison, Topeka and Santa Fe Railway. The city has upgraded one building at the rail yards, the blacksmith shop, where the Rail Yards Market Place has taken place on weekends each summer since 2014.

In order to create a major tourist attraction, the city is planning remediation efforts and to activate a second building at the Albuquerque Rail Yards. Activating a second building will accommodate additional vendors and potentially be a big tourist draw.

The residential developments are Downtown’s biggest hope yet for Downtown revitalization because it will sustain vibrant downtown activity, where people can live, raise a family and work and play which is the “walk-able city” concept. Downtown Albuquerque slowly but surely is beginning to see a return to its heyday of 70 years ago, but it is doubtful it will ever reach the same quaint pinnacle it was from 1952 to 1965.

Time does indeed march on even for cities as does a city’s vibrant commercial and retail area.

Following is the link to the second article “A Brief History of Downtown Albuquerque: 1952 to 2019”:

A Brief History of ABQ Uptown: 1952 to 2019

Over my 42 years of practicing law and as a public servant, I have actually worked for 3 Governors, a United States Senator, a Congressman, 2 Attorney Generals, 2 District Attorneys, and a Mayor.

Each and every one of them I have seen grow and mature and make a difference, which is why they were so successful in the jobs they held.

BEN RAY LUJAN is one elected official who I have never worked for, but I have watched from affair and he falls into the category of those I have worked for and who have accomplished things.

Notwithstanding never having worked for him, he has indeed matured, grown into the offices he has held and has served with distinction.

I can not say that about many politicians I have seen over the years, with many leaving office with nothing to show for during the tenure.

Far more importantly, BEN RAY LUJAN has made a difference and has accomplished something while in office.

BEN RAY LUJAN has a clear understanding of the “Shark Tank on the Potomac” known as Washington politics, he has thrived there and that is what sets him far apart from all the others that are talking about running.

CONGRESSMAN BEN RAY LUJAN has served as the U.S. Representative for New Mexico’s 3rd congressional district since 2009, and became the Assistant House Speaker since 2019, appointed by Speaker Nancy Pelosi.

He was elected to be Chairman of the Democratic Congressional Campaign Committee in 2014, and and many political pundits in New Mexico felt he was not up to the task coming from a small state like New Mexico with little national influence.

Speaker of the House Nancy Pelosi saw what many people underestimate: a person genuinely having his pulse on the needs of his community and country committed to do the right thing and not just self-promotion all the time.

Ben Ray Lujan proved a lot of people wrong and when he led the Democrats to win a majority in the United States House in the 2018 elections.

Luján previously served as a member of the New Mexico Public Regulation Commission from 2005 to 2008.

During his tenure on the Public Regulation Commission, he always advocated for what was best for the consumers and was one again committed to doing the right thing when it came to dealing with utilities and the insurance industry.

Lujan is extremely well liked within the Democratic party and no doubt would be able to run a state-wide campaign and raise the necessary money to run.

All congressman usually have ambitions to become United States Senators, unless you rise to the top in a leadership position such as Lujan has done.

Many legitimately argue that what he should do is stay put and become Speaker of the House.

No doubt if he became Speaker of the House, it would be good for the country, but arguably not as good for the State of New Mexico.

Speaker of the House in this day and age is a highly volatile position and Speakers do not last as long in the jobs as the day long past, just ask Paul Ryan and Dennis Hastert.

Congressmen have to run every two years while a Senate seat is far more powerful.

Lujan has spent 10 years in the House and has to run for office five times.

Had he been a United States Senator, 5 successful runs would be 30 years.

Lujan is no fan of President Trump, he has been very objecting to how Trump treats minorities and his strong opposition to many of Trumps policies.

New Mexico needs Ben Ray Lujan in the United States Senate, and once there, he will continue to grow and accomplish great things for the entire state.

Run Ben Ray, Run.

Following are a few more links for review:

https://www.runbenrayrun.com/

https://www.rollcall.com/news/congress/latino-group-seeking-to-recruit-2020-senate-candidates-wants-ben-ray-lujan

April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18 month civil rights investigation of the Albuquerque Police Department (APD).

The investigative report found a pattern or practice of use of deadly force or excessive use of force in 4 major areas:

1. The DOJ reviewed all fatal shootings by officers between 2009 and 2012 and found that officers were not justified under federal law in using deadly force in the majority of those incidents. Albuquerque police officers too often used deadly force in an unconstitutional manner in their use of firearms. Officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers also used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

2. Albuquerque police officers often used less lethal force in an unconstitutional manner, often used unreasonable physical force without regard for the subject’s safety or the level of threat encountered. The investigation found APD Officers frequently used takedown procedures in ways that unnecessarily increased the harm to the person. Finally, officers escalated situations in which force could have been avoided had they instead used de-escalation measures.

3. A significant amount of the force reviewed was used against persons with mental illness and in crisis. The investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respects their rights and is safe for all involved.

4. The investigation found the use of excessive force by APD officers was not isolated or sporadic. The pattern or practice of excessive force stemmed from systemic deficiencies in oversight, training, and policy. Chief among these deficiencies was the department’s failure to implement an objective and rigorous internal accountability system. Force incidents were not properly investigated, documented, or addressed with corrective measures.

You can read the entire DOJ report here:

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD.

The DOJ investigation “determined that structural and systemic deficiencies—including insufficient oversight, inadequate training, and ineffective policies— contribute to the use of unreasonable force.”

DOJ CONSENT DECREE REQUIRED USE OF FORCE REPORTS

In November, 2014, the Department of Justice (DOJ) and the City of Albuquerque entered into a Court Approved Settlement Agreement (CASA) mandating reforms.

Under the consent decree and settlement, a yearly “Use of Force” Report is mandatory.

APD has not published a Use of Force Annual Report since 2015 with the primary reason being that the previous administration failed to implement adequate data gathering processes and procedures for accurate reporting.

After more than two years, the Albuquerque Police Department (APD) has released a “Use of Force Report” combining a single report for the years 2016 and 2018.

You can read the entire Use of Force Report here:

https://www.scribd.com/document/402811641/APD-Use-of-Force-Report-2016-2017#from_embed

According to the report, the current police administration encountered major problems analyzing data collected by the previous administration, calling the previous methods “poor at best” in the report release.

The DOJ court-appointed monitor in his audit reports to the federal court over the last 3 years has taken sharp issue with the APD’s data collection and analysis methods with APD ignoring recommendations.

Consequently, the report examines the use of force by the Albuquerque Police Department (APD) over the two-year period of between January 1, 2016 to December 31, 2017.

The CASA was designed to strengthen APD’s s ability to provide:

1. officer safety and accountability;
2. constitutional, effective policing;
3. high quality police services.

The report presents aggregated statistics regarding use of force by type of force, call types, individual demographics, area commands and other measures.

The Use of Force Report was prepared by APD’s Compliance Bureau in conjunction with the Force Division of APD Internal Affairs.

The following definitions were provided in the Use of Force Report to help understand the data reported:

“A ‘Use Of Force Case’ involves an incident with one or more individuals, one or more police officers, and one or more uses of force.

A “Show Of Force Case” involves one or more individuals, one or more police officers, and one or more displays of weapons, but no actual use of force during that incident.

A “Use Of Force Type Or Show Of Force Type” is the specific application of a force type or types in a Use of Force or Show Of Force incident. For example, one police officer may display or use several kinds of force (e.g., display handgun, or empty hand techniques and ECW) with one individual during one encounter. Thus the number of Use Of Force Types Or Show Of Force Types will be higher than the number of individuals involved in Use Of Force or Show Of Force Cases.

Police officers may display weapons, a show of force, as part of an incident which includes an actual use of force. Those cases are categorized as a Use Of Force Case.” (Use of Force Report, page 6.)

The “Use of Force” report for the 2016 and 2017 contains not data regarding APD’s crisis intervention efforts regarding the mentally ill.

GENERAL FINDINGS IN USE OF FORCE REPORT

General findings contained in the report can be summarized as follows:

1. Use of force was low for both years of 2016 and 2017.

2. APD officers were dispatched to approximately 450,000 calls to provide service in 2016 and that number increased to 480,330 in 2017.

3. Individuals involved in uses of force represented less than one tenth of one percent (0.09%) of those dispatched calls which was an increase from 2015. The 2015 report found that .04% of dispatched calls resulted in an officer using force.

4. The 2015 report found .04% of dispatched calls resulted in an officer using force. City officials believe the increase in use of force 2015 over 2016 and 2017 is likely due to more accurate reporting.

5. Fewer than 2% of all APD arrests involved use of force.

6. In 2016, 48.5% , of people involved in use of force cases were unarmed but about 30% were classified as “unknown.”

7. In 2017, 74.8% of people involved in use of force cases were unarmed.

8. In 2016 and 2017, there were three times as many use-of-force incidents as there were “show of force incidents”, defined as an officer pointing a firearm or other impact weapon at a person. ( NOTE: The 2015 Use of Force Report, compiled by the previous administration does not track “shows of force” incidents which explains the increase according to the report.

9. From 2016 to 2017, show of force incidents rose 35% while at the same time use of force incidents remained constant.

10. Firearm discharges made up to 2% of all use of force cases over the two years, but still rose slightly from 2016 to 2017.

11. Empty-hand techniques such as strikes, grabs, kicks, take downs and distraction techniques made up the majority of use of force cases at 70% in 2016 and 60% in 2017.

12. Fewer people were injured in use-of-force cases. In 2016, 68% of the injured needed to be hospitalized while in 2017, 94% needed to be hospitalized.

13. APD Officers were injured in 23% of use of force cases but had to be hospitalized in less than 3% of those cases.

14. Use of electronic control weapons (TAZERS) increased while other types of use of force decreased.

CATEGORY FINDINGS

The 2017 and 208 consolidated report merits review of major reported categories in order to get complete understanding of the general statistics.

Following is a breakdown of a few of the categories:

GENDER AND AGE

Individuals involved in use of force incidents are predominately male.

The percentage of female involved in use of force incidents increased from 15.5% in 2016 to 17.3% in 2017.

Individuals between the ages of 20 and 49 years of age comprise the majority of individuals in use of force incidents.

Individuals between 20 and 49 years of age increased from 2016 to 2017.

RACE AND ETHNICITY OF INDIVIDUALS WHO WERE INVOLVED IN USE OF FORCE INCIDENTS

The proportion of individuals of Hispanic decent accounted for approximately 48% of all individuals involved in use of force incidents across both years.

The number of individuals who were not proficient in English rose to 6.4% in 2017 from 3.6% in 2016.

The percentage of individuals classified as White involved in use of force incidents declined over the two years.

The percentages of individuals classified as Black and the individuals classified as Native Americans involved in use of force incidents rose from 2016 to 2017.

The report found Native Americans were involved in 15% of use-of-force cases, while they make up less than 5% of the city’s population.

SWAT DEPLOYMENTS

The original 2014 DOJ investigation that found a “culture of aggression” within APD also found that APD would rely too heavily on the SWAT Unit.

SWAT deployments increased from 40 in 2016 to 77 in 2017.

The majority of these deployments were for similar types of calls across both years: Wanted Persons & Warrants, Family Disputes, Suspicious Person, and Auto Theft.

There are no statistics regarding the number of times the SWAT Unit was deployed to deal with the mentally ill and crisis intervention.

COMPUTER AIDED DISPATCH (CAD)

Calls for service, known as (CADS) where officers were dispatched to provide services, accounted for 88% of the CADs resulting in a use of force.

CADs which were categorized as officer-initiated actions accounted for 11% for the use of force incidents.

ELECTRONIC CONTROL WEAPON USE

A steady increase in the use of electronic control weapons (ECW or TAZER) either stand mode, drive stun mode, painting and arcing from 2016 to 2017, while there was a drop in other types of force the same period of time.

The increase could be accounted for by the major revisions in the Use of Force, Use of Force reporting and Electronic Control Weapon policies that occurred in 2016 and 2017, which primarily increased the requirements for reporting a use of force and show of force.

K-9 (POLICE DOG) DEPLOYMENTS

The data reported is that the number of K-9 (police dog) deployments, K9 apprehensions and K9 related injuries increased from 2016 to 2017.

88.6% of use of force incidents resulted in the arrest of the individual in 2016.

91% of the use of force incidents resulted in the arrest of the individual in 2017.

INJURIES AND HOSPITALIZATIONS

The number and percent of Use of Force cases in which an individual was injured decreased from 62.3% in 2016 to 52.9% in 2017.

The number and percent of Use of Force Cases in which an officer was injured remained consistent at 23% for both years.

The number and percent of Use of Force cases in which an individual was hospitalized increased from 42.4% in 2016 to 50% in 2017.

The number and percent of Use of Force Cases in which an officer was hospitalized decreased slightly from 2.7% in 2016 to 2% in 20

COMMENTARY AND ANALYSIS

The Use of Force Reports are absolutely critical for the community to evaluate whether the mandated reforms under the CASA are being implemented and working, especially when it comes to APD’s interactions with the mentally ill.

When you read and review the entire 2017- 2018 consolidated “Use of Force Report”, a major omission in the report is that there are no statistics regarding APD’s crisis intervention incidents and interactions with the mentally ill, especially by the SWAT unit.

The April 10, 2014 United States Department of Justice (DOJ) investigation that found a “culture of aggression” within APD dedicated a significant amount of the force review against persons with mental illness and in crisis and APD’s specific responses to suspects that were having mental illness episodes.

What differentiates the DOJ’s investigation of APD from the other federal investigations and consent decrees of police department is that the other consent decrees involve in one form or another the finding of “racial profiling” and use of excessive force or deadly force against minorities.

The 2014 DOJ investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respects their rights and is safe for all involved.

Least anyone forget, during the last 10 years, there have been 32 police officer involved shootings and the city has paid out $61 million dollars in settlements to family’s who have sued APD for wrongful death.

A significant number of those lawsuits involved the mentally ill.

The most memorable shooting was the killing of homeless camper and mentally ill James Boyd in the Sandia foothills in April, 2014 where both SWAT and the K-9 units were dispatched.

The Boyd case was settled for $5 million paid to his family for his wrongful death and two SWAT officers were charged and tried for murder ending in a deadlock jury and no acquittal and the charges later dropped against both police officers.

A major concern is that the current report fails to elaborate or explain much other than hard statistics compiled in the various categories mandated by the settlement.

The report fails to include data on how many use of force instances were out of compliance with policy, how many officers were disciplined for use of force and if any policy or training changes were made.

The consolidated two-year report does report a dramatic increase in the percentages of use of force cases that involved unarmed victims without offering any possible explanation for the increases.

Perhaps when the 2018 Report is released at the end of the year, APD’s Compliance Bureau in conjunction with the Force Division of APD Internal Affairs can provide more analysis and not just the regurgitation of statistics with charts that that are difficult for the public to understand.

The 2018 report should also contain a report regarding APD’s interactions with the mentally ill, the number of times the SWAT unit was deployed over the last three years to deal with “crisis intervention” and well as the training of APD officers in crisis intervention.