Author Archives: Pete Dinelli

About Pete Dinelli

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.

Eleven Candidates Running For Mayor; Seven Public Financed, 4 Private Financed; Not All Will Qualify For Ballot Nor Public Finance; Two Measured Finance Committees Formed: One For Mayor Tim Keller And One For Mayling Armijo 

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The number of candidates for running for Albuquerque Mayor has increased by two. There are now 11 candidates for mayor who have registered with the city clerk. The two additional candidates are businessman Daniel Chavez and political consultant Adeo Herrick. Seven of the candidates are publicly finance candidates and 4 are privately finance candidates.

The City Clerk’s link listing all 11 candidates for Mayor with candidate contact information financial disclosure is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

https://www.koat.com/article/albuquerque-mayoral-race-candidates/64648147

Following is the listing of all 11 candidates for Mayor with known background information and links to their contact information, campaign web pages and campaign donation information on their candidacies:

  1. MAYLING ARMIJO

Democrat Mayling Armijo is a former Deputy County Manager for Sandoval County. She is an  Albuquerque native and  was the first to announce.  On her campaign website, she lists her priorities as crime, housing and homelessness, substance abuse, job growth, and setting term limits for the mayor’s office.  She proclaims that she is not a politician and offers very little specifics on how she will bring down crime. Her experience includes working as economic development director for Bernalillo County, the deputy County Manager for Sandoval County and work with the New Mexico Economic Development Department. Armijo is the only privately financed candidate.

A link to a news source on Mayling Armijo’s announcement is here:

https://abq.news/2025/02/former-county-economic-development-manager-first-to-announce-run-for-mayor/

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on Mayling Armijo:

DATE REGISTERED: February 3, 2025

No campaign chairperson listed.

Treasurer: Sulema Lenz

  1. EDDIE VARELA

Eddie Varela is a Republican and is a retired Albuquerque firefighter and former California fire chief. Varela’s campaign website lists six issues, including safety, homelessness, transparency, seniors, youth and small businesses. Varela said he wants to restore public safety, rebuild trust in the government and revitalize the economy.

https://www.kob.com/new-mexico/eddie-varela-joins-race-for-albuquerque-mayor/

CANDIDATE CONTACT INFORMATION

Following is the candidate information provided on the City Clerk’s candidate web page on EDDIE VARELA:

DATE REGISTERED: February 21, 2025

Campaign Chairperson: Audra L Salinas

Treasurer: Audra L Salinas

     3. PATRICK SAIS

Republican Patrick Sais ran for election to the New Mexico House of Representatives to represent District 26 in 2024 and lost in the general election on November 5, 2024. He ran for Mayor in 2021 and has no experience working in municipal government. He is a small business owner, retired truck driver and school bus driver and he went to Albuquerque High School. His campaign website (Sais4mayor@yahoo.com)  states that he’s focused on “enhancing public safety, improving educational opportunities and promoting sustainable economic growth”.

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on Patrick Sais:

DATE REGISTERED: February 27, 2025

  • Publicly Financed (Withdrew Application)
  • Campaign address: 11012 Suffolk Avenue SW Albuquerque, NM 87121
  • Campaign phone number: 505-584-9075
  • Campaign email: Sais4mayor@yahoo.com
  • Campaign website: Not provided.
  • Campaign Finances: View Candidate Disclosure

No campaign chairperson listed.

Treasurer: Gina Padilla

   4.   DARREN WHITE

Republican Darren White is a  former Cabinet Secretary of the Department of Public Safety for then Republican Governor Gary Johnson. White is a former two term Bernalillo County Sheriff and former Albuquerque Chief Public Safety Officer under Republican Mayor Richard Berry. In 2008, White was the Republican nominee for US Congress in New Mexico’s 1st congressional district facing then Albuquerque City Councilman Martin Heinrich. Heinrich defeated White in a landslide with Heinrich elected with 55.5% to Whites 44.5%.

The link to a news source for Darren White announcing for Mayor is here:

https://www.kob.com/news/top-news/darren-white-to-run-for-albuquerque-mayor/

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on Darren White:

DATE REGISTERED: March 6, 2025

No campaign chairperson listed.

Treasurer: Sal Baragiola

  1. TIM KELLER

Democrat Tim Keller is seeking a third 4 year term as Mayor and if successful would be the first to serve three consecutive terms. Voters elected Keller the first time in 2017 and then 2021. Keller is a former NM State Senator for the International District and a former New Mexico State Auditor. Keller says he is seeking a third term to complete the work on projects and programs he has started. Keller has said that his next term will focus on combating crime and homelessness while prioritizing redevelopment and housing, which is virtually identical to his last 4 years in office.

The link to a news source for Mayor Keller announcing for third term is here:

https://www.abqjournal.com/news/article_c4a7a8c8-0035-11f0-a187-6f113c184756.html

CANDIDATE CONTACT INFORMATION

The following is the candidate information is provided on the City Clerk’s candidate web page on TIM KELLER:

 DATE REGISTERED: March 12, 2025

No campaign chairperson listed.

Treasurer: Clara Hardgrave

  1. LOUIE SANCHEZ

Democrat Louie Sanchez is a first term District 1 City Councilor for the West side.  He is a retired APD Police Officer and was head of former Mayor Marty Chevez’s security detail.  He is the owner of the Louie Sanchez All State Insurance Agency.  Sanchez is up for re-election to the city council and is giving up his council seat to run for Mayor. Sanchez’s campaign website calls for “safer communities,” “a stronger community” and “solutions for homelessness.”

The link to a news source on Councilor Louie Sanchez announcing for Mayor is here:

https://www.abqjournal.com/news/article_92e5ea94-a46d-424a-9823-3602cda945e3.html

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page for Louie Sanchez :

DATE REGISTERED: April 7, 2025

No campaign chairperson listed

Treasurer: Rob Mangone

  1. ALPANA ADAIR

ALPANA ADAIR has been in Albuquerque since May 2023.  Her party affiliation is listed as “other / DTs” and she first registered to vote in March, 2023. She has voted one time in the 2024 general election. She previously worked for a hospitality consulting firm before moving to Albuquerque. She is a Human Resources Consultant, a Communications Strategist and a Screenwriter.  She states her current  job is as a hotel business and Human Resources consultant for Hotel Profitability Advisors (HPA).  On her campaign website, she states that she wants to reduce juvenile crime, create more jobs, and improve residents’ quality of life.  She highlights on her campaign web site a platform of  goals and including  “Raise the Bar”, “Unite Our Communities For a Common Goal”, “Set Higher Standards for Excellence in Albuquerque”, “Empower Citizens To Actively Participate in Change”.

(https://votemayoradair.com/about-me/ )

The link to a quoted or relied upon news source is here:

https://www.abqjournal.com/election/article_bef2d1a8-a6c9-4eb9-b3b7-1af214d9d37e.html

 CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on ALPANA ADAIR:

DATE REGISTERED: April 14, 2015

No campaign chairperson listed.

Treasurer: John Vieira

  1. BRIAN FEJER

Brian Fejer, party affiliation unknown, is an Albuquerque resident, and does not have a campaign website. Instead, he has a Substack blog entitled “La Politica” with a post called “Brian Fejer for ABQ Mayor 2025,” which has the subheading “This is satire.” He has  a FACEBOOK page (https://www.facebook.com/brianfejer/).  According to his FACEBOOK profile he is a “Digital Creator”, he is from Albuquerque and went to Manzano High School, and his FACEBOOK page shows no work history. On his blog, Fejer says he would declare a “public mental health emergency,” focusing on the fentanyl crisis. He also calls for the creation of an Albuquerque subway system without any mention of how it would be financed with the cost likely to be in the billions of dollars.

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on BRIAN FEJER:

DATE REGISTERED: April 6, 2025

No campaign chairperson listed.

Treasurer: John Reiser

  1. ALEXANDER M. M. UBALLEZ

Democrat Alexander M. M. Uballez is the Former New Mexico U.S. Attorney who was fired by President Trump on Valentines Day February 14. Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by President Joe Biden. “Before leading the office, Uballez served as an assistant U.S. Attorney for six years. He also worked as a prosecutor in New Mexico’s 2nd Judicial District Court for three and a half years. He received a law degree from Columbia Law School in 2011. Although he has no experience as an elected official, Uballez [proclaims] his experience as a prosecutor, combined with his two years at the helm of the U.S. Attorney’s Office, would play a key role in addressing Albuquerque’s crime and public safety issues.”

The link to the quoted news source on the Uballez announcement is here:

https://www.abqjournal.com/election/article_32b726a6-b9fa-421d-922e-8409a752c826.html#tncms-source=home-featured-7-block

CANDIDATE CONTACT INFORMATION

 The following is the candidate information provided on the City Clerk’s candidate web page on Alexander M. M. Uballez :

DATE REGISTERED: April 17, 2025

No Campaign manager listed.

Treasurer: Veronica Gonzales

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

  1. DANIEL CHAVEZ

Republican Daniel Chavez was born and raised in Albuquerque. After graduating from the University of New Mexico with his bachelor’s degree in 1995, Daniel Chavez acquired the Albuquerque branch of Parking Company of America which is  the managing company of several parking lots in the city. Chavez is President of the company. He said if elected he would focus on making Albuquerque safer and creating economic opportunities. He is a privately financed candidate. On March 19, it was reported that Chavez announced he is running for Mayor but he did not register with the City Clerk until April 4, 2025.

https://www.koat.com/article/daniel-chavez-joins-crowded-field-in-mayors-race/64223704

CANDIDATE CONTACT INFORMATION

The following is the candidate information provided on the City Clerk’s candidate web page on Daniel Chavez:

DATE REGISTERED: April 4, 2025.

DATE REGISTERED:  April 4, 2025.

No Campaign manager listed.

Treasurer:  Greg Gallegos

  1. ADEO HERRICK

Democrat Adeo Herrick is known to be a political consultant and activist.

The following is the candidate information provided on the City Clerk’s candidate web page on Adeo Herrick:

No Campaign manager listed.

Treasurer: Cristine Ezell

MEASURED FINCANCE COMMITEES FORMED

There are two measured finance committees that have been formed to promote candidates. One is SAFER ALBUQUERQUE COMMITTEE (SAFER ABQ) to promote Mayling Armijo. The second is SAFER ALBUQUERQUE COMMITTEE (SAFER ABQ)  to promote Mayor Keller.

  1. SAFER ALBUQUERQUE COMMITTEE (SAFER ABQ)

According to the City Clerk’s candidate website, the following Measured Finance Committee has been created to advocate Mayling Armijo for Mayor: SAFER ALBUQUERQUE COMMITTEE (SAFER ABQ)

Purpose: To advocate for Mayling Armijo’s candidacy for mayor during the Albuquerque 2025 mayoral race and align with values that reduce crime, reduce homelessness, and promote job growth.

CONTACT INFORMATION

  • Chairperson: Charles M. Rolison
  • Address: P.O. Box 4004 Albuquerque, NM 87196
  • Phone number: 505-975-4899
  • Email: info@saferabq.com
  • Website: saferabq.com

The link to the Measured Finance Campaign Disclosure Statement for Safer Albuquerque Committee (Safer ABQ) reports is as follows:

https://campaignfinance.cabq.gov/#/exploreCommitteeDetail/M3FjOgNU2Z3h9u5VXBTrEgpRrh19RviUIoO4CmCWDAE1/null/null/2/2025

  1. ASCEND ALBUQUERQUE

According to the City Clerks Candidate website, the following Measured finance committee has been created to promote  Mayor Tim Keller:  ASCEND ALBUQUERQUE

Purpose: To support the election of Tim Keller as Mayor of Albuquerque

CONTACT INFORMATION

  • Chairperson: Michelle Mayorga
  • Address: 300 Tijeras Avenue NE Apt. 100 Albuquerque, NM 87102
  • Phone number: 505-270-4079
  • Email: sfitzer139@gmail.com
  • Website: N/A
  • Campaign Finances: View MFC Disclosure

The link to the Measured Finance Campaign Disclosure Statement for ASCEND ALBUQUERQUE

https://campaignfinance.cabq.gov/#/exploreCommitteeDetail/VMQvJiHXaP1z-Iz2eL_papP4048PFnxLXRUfdOLcQk01/null/null/2/2025

QUALIFYING NOMINATING SIGNATURES

All eleven candidates must collect at least 3,000 qualifying nominating petition signatures from  April 19, 2025 to June 21, 2025, a mere 9 weeks. Each signature must come from registered voters in the Albuquerque area. The city clerks will go through each one of those signatures to confirm their registration and candidates can challenge each other’s signatures for disqualification. The signatures of people who sign the nomination petitions and who are not actually registered voters are tossed and are not counted. It is expected that upwards 3 of the candidates running will no be able to secure the 3,000 qualifying signatures.

PUBLIC FINANCE QUALIFYING DONATIONS

Seven of the eleven candidates running for Mayor are “public financed” candidates: Eddie Varela, Darren White, Tim Keller, Louis Sanchez, Alpana Adair, Alexander Uballez and Adeo Herrick.  Patrick Sais withdrew his application for public finance and is now considered a privately financed candidate.

The single most difficult task for candidates who are publicly financed candidates will be the collection of 3,780 qualifying donations of $5.00 each to secure $755,946 in city financing. The candidates are given from  April 19, 2025 to June 21, 2025, a mere 9 weeks  to collect the 3,780 qualifying donations from registered Albuquerque voters. The city clerks will go through each one of the donations to confirm their registration within the city limits. It is more likely than not that at least 3 of the candidates will not be able to collect the necessary donations and will be forced to go with private financing if they secure the requisite nominating petition signatures.

If a candidate does not collect the full 3,780 qualifying donations, those donations collected revert to the city and not to a candidate’s campaign. The failing  candidate to collect 3,780 qualifying donation can declare to be a privately finance candidate and solicit private campaign donation funding until election day November 5.

PRIVATELY FINANCE CANDIDATES

 Four of the eleven candidates private financed candidates: Mayling Armijo, Patrick Sais, Brian Fejer and Daniel Chavez.

Privately financed candidates were allowed to commence collecting campaign donations on April 19 and can do so up an until election day of November 5. Unlike publicly financed candidates, who may only spend the funds given to them by the City and agree to a spending cap, privately financed candidates have no fundraising or spending limits. There are, however, limits on individual contributions. Specifically, Article XIII, Section 4(d) limits the total contributions, including in-kind contributions, from any one person (with the exception of the candidate himself or herself).

The following limits per individual or corporation or entity are  in effect:

“Limits to Contributions. No privately financed candidate shall, for any one election, allow total contributions, including in-kind contributions, from any one person with the exception of contributions from the candidate themselves of more $6,000 for Mayoral Candidates.”

 COMMENTARY AND ANALYSIS

With a total of eleven candidates running for Mayor, the real hard part has begun  for them to get on the ballot and collect nominating signature to be placed on the ballot and to collect the $5.00 qualifying donations if they are public financed. Unless the candidate has a strong volunteer base or has set up on line system to collect both signatures and donations, it is not  likely they will not succeed with both tasks. Nominating petition signatures are far easier to collect than the $5.00 qualifying donations. Simply put, most people do not like to contribute to political campaigns.

With as many a 11candidates for Mayor, its obvious Mayor Keller has a tough challenge on his hands to get re-elected. The odds are there’s going to be a runoff.  It takes 50% of the vote to win and if one candidate does not get 50%, a runoff is held between the top two vote getters.

What’s going to happen is a lot of the candidates who are running do not  necessarily expect to win outright so they hope to take one of the top two positions. If they get into the runoff, they can have a 50-50 chance of winning. The race will easily come down to a referendum on Mayor Keller’s job performance over his two terms in office. Will people think it’s time for a change, or will people think that the mayor has progressed enough that it’s worth giving him a third term and another 4 years?

Democrats Christopher R. Sedillo And Klarissa Peña Announce For City Council District 3; City Council Candidate Calendar Deadlines

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On November 4, 2025, the municipal elections for Albuquerque Mayor and City Council will be on the ballot. Of the nine-member city council, the 5 odd number City Council Districts 1, 3,5,7, and 9 will be on the ballot. This article is the first in a series of articles on the five city council races being published as a public service announcement.

The District 3 City Council District geographic borders are generally “Old Coors Road” on the East and the Valley area, Central on the North, and Dennis Chavez Road on the South, with the West side border  jetting out to the city limits and mostly vacant area. According to the 2023 redistricting report, District 3 has a total population of 65,343.  The population of the district is further broken down as follows: Hispanic:  53,314 (81.6%),  White:  6,766  (10.4%), Native American 1,865 (2.9%),  Black 1,554 (2.4%), Asian 612 0.9% other 1,232 (1.9%).

District 3 is considered a safe Democrat City Council District.

TWO CANIDATES ANNOUNCE RUNNING FOR CITY COUNCIL DISTRICT 3

 According to the city clerk’s candidate web page, as of May 1,  two candidates have registered to run for City Council District 3.  Following are the candidates announcements listed in the order in which they made their formal announcement:

CHRISTOPHER R. SEDILLO

On March 11, 2025, Christopher R. Sedillo announced he is running for City Council District 3. Following is his announcement.

“Bueño Dias  Albuquerque! 

My name is Christopher Rudoph Sedillo, and I am a candidate for Albuquerque City Council, District 3.  I am a retired Navy Senior Chief Radioman with deep roots in this community.  Born and raised in Albuquerque, New Mexico, I grew up in the South Valley and graduated from Rio Grande High School in 1981. 

During my senior year at Rio Grande High School, while enrolled in Marine Corps JROTC, I joined the Navy’s delayed entry program at the age of 17.   The discipline and goal-setting skills I developed during those initial four years in MCJROTC provided a solid foundation for my career.  Raised by a single mother, I learned the importance of hard work and perseverance..

Throughout my naval career, I consistently volunteered for challenging assignments, including deployments to Iraq and transporting chemical retrograde from Germany to Johnson Atoll.  While stationed at Joint Communication Support Element (JCSE) and assigned to Quick Reaction Company (QRC), a joint duty assignment, I eagerly volunteered for jump school at Ft. Benning, GA, earning the distinction of becoming a paratrooper with over 60 jumps, including one into Panama.

 As Officer in Charge of the Military Detachment, I reported the distress signal to the ship’s Master, and the USNS Sioux rescued a stranded couple from a sinking vessel.  Once again, the USNS Sioux was summoned for a no-notice call for the search, rescue, and recovery of Alaskan Airlines Flight 261 after it crashed.  Later, I volunteered and was selected to augment JFT-67 on a real-world mission to Vietnam for 60 days for the search and recovery of POW/MIA remains. 

These experiences and numerous others took me to ports around the globe, exposing me to diverse cultures, political philosophies and a host of different religions beliefs.  Reinforcing my belief that there are good people that exist everywhere.   

 I proudly served my Country for 26 years, earning over 20 ribbons, awards, and commendation over my naval career.  My shipboard assignments included the USS Ramsey (FFG-2), USS Ranger (CV-61), USS Jarrett (FFG-33), USS Stethem (DDG-63) and USNS Sioux (T-ATF 171). 

 Following my retirement from the Navy, I pursued job certifications, became a primary caregiver for family members, obtained my CDL, and worked as an OTR truck driver for two years.  In 2017, driven by a desire to serve my community, I ran for Albuquerque City Council.  After purchasing a home on the Westside, where I intend to remain, I channeled my energy into various local military-related, religious, and civic organizations, including American Legion Post 13, American Veterans for Equal Rights (AVER) Bataan Chapter, Honor Flight of Northern New Mexico (past board member), Knights of the Ascension, Ministry of Hope at Church of the Ascension, DPNM State Central Committee member, Westgate Neighborhood Association (Vice President), United Veterans Council of Greater Albuquerque, Moose Lodge, Harley Davidson Owners Group, Trench Rats, and the Veterans and Military Family Caucus.  In 2023, I was honored to be appointed by the Governor to the Governor’s Veterans Advisory Council. Within American Legion Post 13, I have served as Sergeant at Arms and currently hold the position of Chaplain.

I am a staunch advocate for my community, volunteering as a poll worker for multiple elections and upholding the values of equality, integrity, and honesty.  I previously served as a board member for Honor Flight of Northern New Mexico, dedication my time to ensure veterans could visit their memorials in Washington, D.C.   Recently, I stepped down from this role to focus on my City Council campaign.  As the Honor Guard Commander for American Legion Post 13, a position I’ve held for three years, I ensure that every deceased veteran receives proper military honors when requested.  Through dedicated recruitment efforts, I have tripled the Honor Guard’s membership from 10 to 30 volunteers.  As a member of American Veterans for Equal Rights (AVER), I champion the rights of all veterans, including those who are Lesbian, Gay, Bisexual, and Transgender.  As a gay man who has been with my partner for 13 years, I deeply value community engagement and believe that neighborhood associations are vital to a thriving city.  I am currently the Vice-President of the Westgate Neighborhood Association.  I am committed, dedicated, and motivated to make a positive difference in our community.  Together, we can achieve great things.  Si se puede. 

I offer a unique leadership style characterized by compassion and generosity, coupled with the determination to address Albuquerque’s challenges head-on.  It is time for new leadership that will hold public officials accountable and make the difficult decisions necessary for our city’s progress.  My commitment is to the public, and I will prioritize being present, listening and fostering teamwork.  I will work to ensure that our community has access to behavioral health resources and affordable housing, and that our tax dollars are spent wisely and there is accountability.

 While City Council elections are nonpartisan, I value relationships with individuals across the political spectrum, recognizing that the issues facing our city transcend party lines.  I maintain positive relationships with county and state officials, and my focus will remain on you and the issues that matter most to our city.  I am eager to hear your concerns and ideas for building a better Albuquerque for all.  Thank you for your time and support.  Together, we can build an Albuquerque where families feel safe, children have opportunities, and every neighborhood can thrive.  As President John F. Kennedy said, “Ask not what your Country can do for you, but what you can do for your Country.” 

We can do it, City Council District 3.”

Thank you,

Christopher R. Sedillo

CITY CLERK CANDIDATE INFORMATION

According to the City Clerk’s candidate web page, Christopher R. Sedillo is a Publicly Financed candidate. Contact information and his campaign website outlining his platform and his candidate financial disclosure can be found here:

KLARISSA J. PEÑA

Incumbent City Councilor Klarissa Peña was elected to the City Council in October 2013 and she is the 2025 City Council Vice President. There are no term limits for City Council and she is seeking a fourth term. On April 24, she announced on her FACEBOOK page that she is running for a third 4 year term. Following is her announcement:

“It has been an honor and a privilege to represent the community where I was born and raised. Thank you for your continued support and for placing your confidence in me to serve as your City Councilor for District 3 in the City of Albuquerque.

 A lot has changed since I first ran for office. The community has also changed. As your City Councilor, we’ve made significant Investments in our district. We built the West Gate Community Center, we are making improvements to the West Side Animal Shelter, brought more businesses to our district, new parks, lit up our streets with over 250 new streetlights, we planted hundreds of new trees and added new playground equipment.

We continue to make our community safer with the soon to be completed South West Public Safety Center, that includes a police substation, fire station and Albuquerque Community Safety. More importantly passed meaningful legislation that supports working families. But there’s still more we can accomplish. That’s why I’m proud to announce that I’m running for re-election for City Council District 3.

 This work isn’t done alone; it is the result of decades of collaborating with community volunteers and also partnering with other local, state and federal elected officials to accomplish the vision for South West Albuquerque.

I look forward to earning your support and your vote on Tuesday, November 4, 2025.

CITY CLERK CANDIDATE INFORMATION

According to the City Clerk’s candidate web page, Klarissa Peña is a Publicly Financed candidate. Contact information for  her campaign  and her candidate financial disclosure can be found here:

The link to the City Clerks web page listing the names and information on all declared candidates for Mayor and City Council is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

CITY COUNCIL CANDIDATE CALENDAR DEADLINES  

The “exploratory period” for City Council Candidates if from April 17, 2025 to June 1, 2025. During this time period, candidates must make an appointment with the City Clerk where they register as a candidate and campaign rules and regulations are outlined for them.

The “seed money period” for candidates for City Council is from April 27, 2025 to July 7, 2025 during which time candidates for city council can collect campaign donations. The seed money contribution limits that can be collected by each candidate in District 3 is $250 from individuals and an aggregate of  $8,373.00

The qualifying contribution period for city council candidates is from June 2, to July 7, 2025 where candidates are allowed to collect $5.00 donations to qualify for public financing. In order to File the Declaration of Intent, the applicant candidate for public finance has to schedule an appointment with the City Clerk at least one day prior to filing. The Clerk will reviewed the public finance process with the applicant candidate and provided the Declaration of Intent for public financing. The city clerk provides receipt book to collect the donations and candidates are also allow to set up an on line donation system.

Applicant Candidates must receive Qualifying Contributions from 1% of the registered voters in the district the candidate wishes to represent. The number of qualifying $5.00 contributions each candidate must collect running in District 3 is 335.  The amount of public finance given to a candidate by the city if they qualify and the spending limit for city council District 3 is $41,865.00.

The nominating petition period to collect nominating signatures to be placed on the ballot is from June 2, 2025 to July 7, 2025. The city clerk provides the nominating petition forms. All Candidates for City Council must gather more than 500 signatures from registered voters within the district the candidate wishes to represent from June 2, 2025, at 8:00am – July 7, 2025, at 5:00pm.

Robert Ferguson Guest Column: “15 Reasons Why I love Living In Albuquerque And In New Mexico”

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Spring time in New Mexico is always a good time to remember the positives that this city and state have to offer and be thankful for them. In that spirit the following guest opinion column was submitted by Robert Ferguson to be re-published on www.PeteDinelli.com. The column was first published by the Albuquerque Journal. You can read his biography in the postscript below.  The link to the original article is here:

https://www.abqjournal.com/news/15-reasons-why-i-love-living-in-albuquerque-and-nm/article_dd492473-5df0-5c54-bf1a-4bec4ef6f381.html

HEADLINE: 15 Reasons Why I love living in Albuquerque and in New Mexico

As a 74-year-old New Mexico retiree, I have lived in Albuquerque since 1976.  I’m not trying to find a job and I have no school-age children, so I don’t have the pressures a younger family would face.  I love it here but am fully aware of the challenges facing us.  … It is extremely easy to ignore the positives that this city and state have to offer.

Let us … focus on what makes this such a wonderful place to reside [and what we all can be thankful for]:

  1. Fresh air and blue skies.  When I walk out of my house in the morning to get my paper, I am met with a waft of wonderfully fresh air and azure blue skies.  I stop myself for a few moments to take it all in.  How great is this!
  2. Beautiful vistas and sheer natural beauty.  The red rocks of Gallup, stunning multicolored cliffs of the Jemez Mountains, beautiful open spaces of the Valles Caldera.  This is truly “The Land of Enchantment”
  3. World Class Airport.  Living in Nob Hill, I am 15 minutes from the beautiful Albuquerque Sunport, perhaps the prettiest and most unique airport in the entire country.  Such a different experience from LAX or JFK airport.
  4. Great Bio-Park.  For those of you who have lived in Albuquerque awhile, compare what our zoo was 30 years ago to the beautiful facility it is now.
  5. College Athletics, Cultural Events, and Adult Education Opportunities. As a Lobo sports fan, the entertainment value of watching D1 sports competition is second to none.  Also, there is an extensive offering of cultural events and adult education opportunities at UNM and other institutions, all benefits of living in a major university town.
  6. Wonderful Local Restaurants.  The restaurants offer a large variety of cuisines, fitting every budget.
  7. Hot Air Balloon Festival.  While I am not a big fan of getting up at 3am, and not really into hot air balloons, whenever we bring out of town guests to this event, I am mesmerized each and every time.  A truly stunning international display of colors showcasing our city.
  8. Volunteer Opportunities.  The city of Albuquerque offers many volunteer opportunities to give of your time.  For me, it’s cleaning Roosevelt Park, my all time favorite city park.
  9. The Railrunner.  OK I’m sure I’ll get some pushback with this one, however I find this train ride between Albuquerque and Santa Fe an absolute delight.  The vistas along the way are stunning, especially if you are not in a hurry, can kick back and enjoy the ride.  A perfect way to get away for the day, enjoy a dinner in Santa Fe, and return without the hassle of having to drive 60 miles to get home.
  10. Great Affordable Golf Courses.  Within a 75 mile radius, 20 wonderful golf courses that won’t strain your wallet.  One of the best public golf courses in the region is Pinon Hills in Farmington.
  11. Four Distinct Seasons.  Variety is the spice of life…not boring
  12. Great Hiking and Biking Trails.  The bosque bike and hiking trails along the Rio Grande are stunning, as are the hiking trails in the Sandias
  13. Can Golf and Ski in the Same Day
  14. Low Humidity and 300+ Days of Sunshine.  Having spent my formative years on the east coast, I thoroughly appreciate the lack of humidity in New Mexico
  15. Reasonable Cost of Living.

___________________________________

POSTSCRIPT

Robert Ferguson retired in 2004 after 27 years of public service with the NM Department of Health. At the time of his retirement from the state, he was the Supervisor for the  Tuberculosis/Mycology section of the Scientific Laboratory Division of the NM Department of Health. Mr. Ferguson has an undergraduate degree in biology from Olivet College and a Master of Science degree from the University of Montana (1978). From 1968-1973, he served in the US Navy as a Hospital Corpsman, of which 6 months served in Viet Nam on hospital ship USS Sanctuary.  He served in US Naval Reserve from 1979-2002.

Mr. Ferguson has performed International Consultation with various governmental and non-governmental organizations, helping upgrade tuberculosis laboratories. From 2004-2014 he worked in the countries of Haiti, Zambia, Nigeria, Tanzania, Zimbabwe. His volunteer work includes serving on the  board of directors for the YMCA of Central NM and as volunteer with City of Albuquerque Parks and Recreation Department cleaning city parks.

 

Fifth Former APD Cop Pleads Guilty In Federal DWI Enterprise Bribery Case To Dismiss Cases; 8th Guilty Plea In Case Entered; Sentencing Of DWI Bribery Ring Leader Ricardo “Rick” Mendez Delayed; DWI Score Card: Nineteen Law Enforcement Officers From 3 Agencies Implicated; 2 Ringleaders, 6 Ex-Cops Plead Guilty As Charge; 2,490 DWI Cases Dismissed; 14 Implicated Remain To Be Charged

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On Tuesday, April 29, former APD Police Officer Harvey Johnson plead guilty before U.S. Magistrate Court Judge Karen Molzen to one count of Conspiracy to Commit “Interference With Commerce By Extortion Under Color Of Official Right”. According to a 15 page plea agreement filed, Harvey Johnson admitted to participating in the DWI Enterprise bribery case to dismiss cases for bribes from February 18, 2023, through January 18, 2024. Johnson joined APD in 2014 and was assigned to work in APD’s DWI Unit in 2021. He resigned in 2024, just one day before he was set to be interviewed by APD’s Internal Affairs about his suspected involvement in the DWI dismissal scheme for bribes.

Harvey Johnson was among the newer officers to the scheme. He  spent  less than a year in the decades-long racketeering operation. It ended with FBI raids of five locations in January 2024. One of the locations raided was Johnson’s home. Johnson’s plea agreement states his involvement came in 2023 which is the same year the FBI began its investigation into reports that Albuquerque-area law enforcement officers were deliberately missing court or failing to file necessary evidence against DWI offenders they arrested to get the cases thrown out.

In his guilty plea, Harvey Johnson admitted that he worked with Attorney Tom Clear’s investigator Ricardo “Rick” Mendez to funnel drunk-driving defendants to Clear and accepted cash in exchange for not showing up to both the criminal and administrative DWI hearings, allowing the offender to go free. Johnson admitted that after he made an arrest of a suspect, he would keep the alleged drunk driving suspect’s drivers licenses or their arrest paperwork. Rick Mendez would then contact the DWI suspect and try to recruit him or her as a client by mentioning he had their paperwork.

In his 15-page plea agreement, Johnson admits that APD “conspiring officers” who had worked in the DWI Unit and were part of the scheme “would help and recruit and train the next generation of conspiring officers.” Officers who recruited others in the DWI Unit at APD would receive an extra fee for each new “conspiring officer.”

Mendez and Clear typically paid officers in cash. In some cases, they gave officers free legal services for their family members, hotel rooms, meals, and other gifts. In Johnson’s case, he specifically mentioned that Clear and Mendez gave him non-cash rewards such as Christmas gifts and baby gifts.

Federal prosecutors deemed Harvey Johnson a “non-credible witness” for trial purposes, meaning his testimony as a cop could not be trusted as evidence in a court of law. More than two dozen of his pending DWI cases were dismissed by the Bernalillo County District Attorney’s Office.

Havey Johnson and former APD Officer Nelson Ortiz were  force out of APD and went to work for the Children Youth and Families Department  (CYFD)  after they resigned from the department. CYFD said they are no longer employed with the department.

On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned from APD. On March 24, Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and  pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

Other key players in the scheme include at least 14 additional former members of APD, three former Bernalillo County Sherriff Deputies and one New Mexico State Police Officer.

Links to relied upon or quoted news sources are here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/were-not-done-yet-fbi-discusses-future-of-dwi-scandal-as-another-apd-officer-takes-a-plea/

https://www.koat.com/article/albuquerque-officer-guilty-dwi-scandal-charge/64626210

https://www.kob.com/new-mexico/another-former-apd-officer-takes-plea-deal-in-dwi-scheme/

https://www.abqjournal.com/news/local/article_df2a19c2-15aa-4e99-a7c0-f41421137a32.html#tncms-source=home-featured-7-block

SENTENCING HEARING FOR RICARDO “RICK” MENDEZ VACATED

On April 29  in private investigator Ricardo “Rick” Mendez  for ringleader Thomas Clear was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his hearing it was simply vacated by the  federal court. Mendez is the first individual named in the case to accept a plea agreement.

It was on January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear, III plead guilty to all eight  charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.  According to the criminal Information filed, for the past 15 years, attorney Thomas Clear, III  and officers from the APD, Bernalillo County Sheriff’s Office and the New Mexico State Police ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases. Mendez arranged for officers to intentionally miss required proceedings related to DWI arrests. This allowed defense attorney Thomas Clear to file motions to dismiss those cases.

KOAT-TV  legal expert John Day said that he understood that soon after the news broke on the case with the search warrants, Mendez quickly went to the U.S. Attorney’s Office to enter a plea in hopes of receiving a significantly reduced sentence in exchange for cooperating with the FBI. Day stated that its likely that delaying the sentence could lead to new information emerging about the DWI scandal, potentially filling in some important details and identifying more suspects to be charge. Day said this:

“[Mendez] gets a break for his testimony. How big of a break will depend on what a judge thinks of it at sentencing. … [I]f you’re the first one to enter a plea and you’re one of the key players who the investigators think can give them information … he should be anticipating that he’s going to get a huge break. … That’s how the prosecutors do it. They find someone who has all the information that they want, … they offer them a deal, and that deal is weighed against … what are you looking at if you’re going to trial, and how many years in a federal prison?”

The link to the quoted news source is here:

https://www.koat.com/article/first-sentencing-in-dwi-case-set-for-today/64619433

EVOLUTION OF FEDERAL CASE INVESTIGATION

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.

Over the last year and four months, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.

Bernalillo County District Attorney Sam Bregman has had to dismiss more than 272 DWI cases involving law enforcement officers linked to the federal case and due to police officer credibility being called into question in the cases where they made the DWI arrests.

More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying  bribes to arresting officers.

HOW DWI ENTERPRISE WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward.  Arresting officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. They would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez have  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

On January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. State court records show he was arrested multiple times in the 90s for driving drunk.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear admits in his Plea Agreement that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

According to Clear’s plea agreement, prior to 2022, Clear and his investigator  Ricardo “Rick” Mendez would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution.  Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court and a forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

SECOND ATTORNEY HAS LAW LICENSE SUSPENDED

 It was on March 6 that the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of DWI Criminal Defense Attorney Rudolph “Rudy” Chavez.  The petition alleges that Chavez  is the  second attorney involved in the  long-running racketeering, bribery and conspiracy DWI Enterprise case to dismiss DWI cases for bribes.

On April 7, Albuquerque defense attorney Rudolph “Rudy” Chavez agreed to forgo a public hearing on allegations by the New Mexico Supreme Court Disciplinary Board alleging his involvement in the DWI bribery and extortion conspiracy case under investigation by federal authorities. Instead, Chavez accepted an “indefinite suspension” of his law license.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_f3f71a74-0449-11f0-a674-1fa91ae82bad.html

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/attorney-implicated-in-dwi-dismissal-scheme-has-license-temporarily-suspended/

NINETEEN LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED

A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III.  Fifteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

15 APD OFFICERS IMPLICATED,  CHARGED OR PLEAD GUILTY

During the past year, a total of 15 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 15 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

  1. On February 7, 2024  Justin Hunt, who started at APD in 2000, resigned.
  2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
  3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
  4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortizadmitted to his role in the DWI Enterprise bribery scandal and  pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
  5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
  6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
  9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  10. October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
  11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
  12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
  13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
  14. On March 7, 2025 BCSO Jeffry Bartram was placed on leave on March after he was involved in the DWI Enterprise to dismiss cases. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.
  15. On March 24, the Albuquerque Police Department (APD) announce it  has  placed  Lucas Perezon leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES

The names and dates of the 3 BCSO  officers who have resigned or placed on leave by Sherriff John Allen are:

  1. On February 25, 2025  BCSO Deputy Jeff Hammerel  resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
  2. On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.
  3. March 7th, Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

FIVE LAW ENFORCEMENT OFFICERS PLEAD GUILTY AS CHARGED

The five APD officers and one Bernalillo County Sheriff’s Office Deputy that have plead guilty to taking bribes are:

  1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
  2. On February 7,  former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
  3. On February 12, former APD Officer Neill Elsmanplead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
  4. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
  5. On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and  pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
  6. On April 29, former APD Police Officer Harvey Johnsonplead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.

2,490 DWI CASES OVER 30 YEARS

On February 29, KOAT TV Target 7 filed the following report which has been edited by this blog:

Thomas Clear was the attorney of record for 2,490 DWI cases over 30 years. 15 APD officers accounted for nearly 100 DWI arrests connected to Clear, over the past five years.

Court records and law enforcement data reveals staggering numbers that suggest the DWI enterprise’s reach extends far beyond what was initially suspected.

  • Over the past five years, 15 APD officers accounted for nearly 100 DWI arrests connected to Clear.
  • Clear was the attorney of record for 2,490 DWI cases over 30 years.
  • On average, he handled about 85 DWI cases per year.
  • At least 150 people he represented were repeat offenders, arrested multiple times for DWI.
  • Roughly 60% of Clear’s cases over the past five years were dismissed.

While the full scope remains unknown, federal investigators believe many more APD officers who worked in the DWI unit could have been involved at some point.

IMPACT ON LAW ENFORCEMENT AND PUBLIC SAFETY

The scandal could also affect current DWI enforcement efforts in Albuquerque. APD made 884 DWI arrests in 2024, a nearly 14% drop from the 1,026 arrests made in 2023. Some fear the scandal has left a chilling effect on officers, reducing proactive policing efforts.

Court documents indicate that the corruption may extend beyond those already charged. An FBI interview with Rick Mendez, a private investigator who worked for Clear, revealed claims that another attorney was involved in the scheme. Federal authorities have not disclosed the identity of this individual, but the investigation remains ongoing.

According to the New Mexico Regulations and Licensing Department, Mendez does not hold a license with the Private Investigations Advisory Board. Additionally, their records indicate there isn’t an individual with the name Ricardo “Rick” Mendez who has held a license with the board in the past.

INVESTIGATION CONTINUES

The investigation into APD’s DWI unit continues, with prosecutors working to uncover the full extent of the enterprise. Multiple high-ranking officers have been linked to dismissed DWI cases connected to Clear but have yet to be named.

As the case unfolds, authorities warn that more arrests could be on the horizon. Prosecutors are expected to continue identifying those who participated in or turned a blind eye to the corruption, ensuring that those responsible are held accountable.

On April 29 after the plea of guilty by Harvey Johnson FBI Special Agent in Charge Raul Bujanda said the investigation into the scheme and possible suspects is not over. Bujanda said this:

“We’re not done yet. It’s an ongoing investigation. I’d like to be able to say, I really actually would, and that’s sincere, like I would really want to say that this was over, it’s done, we’ve found them all, there’s no more to follow up on, you know everyone can feel good that we got all the bad apples out. Unfortunately, I can’t say that.”

The link to the quoted or relied upon news sources are here:

https://www.koat.com/article/dwi-scandal-enterpise-albuquerque-new-mexico/63834129

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/were-not-done-yet-fbi-discusses-future-of-dwi-scandal-as-another-apd-officer-takes-a-plea/

 COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Until then, do not expect any public outrage by the public or elected officials.

Exposing How Former US Attorney Alexander Uballez Prosecuted The Largest Bribery And Conspiracy Case In APD History By “Outing” The “Covert Investigation” And Then Rushing To Charge 5 Before Fired By Trump; His “Ass-Backward”, “Cherry Picking” Approach To The Prosecution; Charging Of 17 Others Implicated Remains In Doubt; The “Progressive Prosecutor” Versus The “Progressive Mayor”

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On April 19, former United States  Attorney for New Mexico Alexander Uballez announced he is running for Mayor of Albuquerque emphasizing his credentials as a prosecutor and for that reason a review of how Uballez handled the largest bribery and conspiracy case in APD’s history case is in order.

This article explores the topic of how former US Attorney Alexander Uballez prosecuted the case to his political benefit. It highlights and analyzes how a letter Uballez wrote to District Attorney Sam Bregman was released to the media and “outed” the covert federal investigation placing the investigation in jeopardy. The article explores the 5 federal plea agreements Uballez negotiated in the case and explores the politcal rational for his rush job to bring the case to fruition.

BRIBERY AND CONSPIRACY CASE TO DISMISS DWI CASES

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss hundreds of DWI cases that preyed on citizens and essentially extorted money from them.

Over the last year and four months, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police.

Bernalillo County District Attorney Sam Bregman has had to dismiss more than 272 DWI cases involving law enforcement officers linked to the federal case and due to police officer credibility being called into question in the cases where they made the DWI arrests and would be witnesses in the cases.

More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying bribes to arresting officers.

A total of twenty-two (22) suspects have been implicated. Three (3) are attorneys Thomas Clear and Rudy Chavez, and Clear’s investigator Rick Mendez.  Nineteen (19) are law enforcement officers who resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024.  Fifteen (15) APD Officers, three (3) Bernalillo County Sherriff Officers and one (1) New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

US Attorney Alexander Uballez for the District of New Mexico was responsible for the bringing of all charges based upon the federal case investigation by the FBI and the evidence gathered. He only charged five.

OUTING A COVERT FEDERAL INVESTIGATION

On January 25, 2024 the online news agency ABQ Raw erroneously reported:

“We received a letter from U.S. Attorney Alexander M.M. Uballez, who serves as the United States Attorney for the District of New Mexico, addressed to Bernalillo County District Attorney Sam Bregman.  …”

The language underlined is to emphasize the erroneous report that it was Uballez who sent the letter to ABQ Raw. (A screen shot of the original article has been taken.) ABQ Raw published the image of the Uballez January 25, 2024 letter to Bregman written on United States Attorney letter head. The Uballez letter to Bregman  does not have any disclaimer from Uballez that his letter is “confidential/not for distribution to public or media.”

On April 22, 2025, after over a full year, ABQ Raw ran a three-word correction to its original story after it received a complaint from a confidential source. The correction to the original article reads “We received from a source a letter from U.S. Attorney Alexander M.M. Uballez, who serves as the United States Attorney for the District of New Mexico, addressed to Bernalillo County District Attorney Sam Bregman”.  The correction addition is under lined for clarity.

The link to the ABQ Raw corrected article publishing the Uballez letter to DA Bregman is here:

https://abqraw.com/post/u-s-attorney-of-new-mexico-sends-letter-to-da-bregman-regarding-dwi-scandal/

THE UBALLEZ LETTER TO BREGMAN

The letter Uballez sent to Bernalillo County District Attorney Sam Bregman is dated January 25, 2024, it bears the Seal of the Department of Justice and  the letter head reads “Office of the United States for the District of New Mexico”.  The letter written states in full as follows:

January 25, 2024

Sam Bregman

District Attorney

Second Judicial District Attorney’ Office

520 Lomas Boulevard Northwest

Albuquerque, New Mexico   87102

delivered via email to sam.bregman@da2nd.state.nm.us

Dear District Attorney Bregman,

I want to thank you for your continued cooperation with the pending federal investigation into the alleged wrongdoing by certain Albuquerque Police Department (APD) officers and others. The insight and knowledge provided by you and your staff have been invaluable to my office and will continue to be critical to the success of our ongoing efforts.

On January 2,  2024, the United States Attorney’s Office for the District Of New Mexico, informed your office that an ongoing and covert, federal  investigation involving the APD had identified information which would implicate your office’s responsibilities pursuant to Giglio vs. United States.  On that date, we also provided the names of four affected officers to your office.  Given that this investigation is ongoing, I appreciate your understanding that the US Attorney’s Office is unable to share with you  — or any other person who is not a part of the federal investigation – any further details.

I well understand the criminal justice equities at stake in [a] system that relies upon the credibility of witnesses. Know that we will continue to inform you when we uncover information which would implicate your office’s Constitutional responsibilities.

Our current secrecy on this matter, however, protects the integrity of the ongoing investigation and ensures that we hold accountable all those who have done wrong while wearing a badge. I know that you and the community share this goal. I appreciate your continued cooperation and patience as we continue to move this important investigation forward.

                                                                Respectfully,                                                                                                                      alexander m.m. uballez   (All lower caps)

ABQ Raw was not the only news outlet that an unidentified source sent the Uballez letter to. On January 25, 2024 KOB 4 staff reporter Feliz Romero reported on the letter, but did not publish it and only referred to it when he reported in part as follows:

“The U.S. Attorney’s Office told KOB 4 they cannot confirm or deny that other agencies are involved.  But in his letter to Bernalillo County District Attorney Sam Bregman, U.S. Attorney Alexander M.M. Uballez left the door open to other agencies or officers being involved, saying ‘know that we will continue to inform you when we uncover information.’ ”

The link to the full KOB report is here:

https://www.kob.com/new-mexico/are-other-agencies-involved-in-the-alleged-dwi-corruption-scandal/

ANALYSIS AND COMMENTARY OF THE UBALLEZ LETTER TO BREGMAN RELEASED TO MEDIA

The reason why the January 25, 2024 letter is so critical is that it leaves no doubt that the letter outed the FBI federal DWI Enterprise investigation. The letter placed into jeopardy the federal investigation of APD when the letter was distributed to the media and made public. It is more likely than not that the letter tipped off more than a few defendants.

In the letter Uballez sent to Bregman, Uballez states clearly the investigation is a “covert, federal investigation.” The Uballez letter to Bregman  does not have any disclaimer from Uballez that his letter is “confidential/not for distribution to public or media.”  The Uballez letter sent to Bregman and then released to the media and published by ABQ Raw undermined the confidentiality of the criminal investigation for publicity sake and for political purposes.

Uballez sending the letter to Bregman with the letter subsequently published by ABQ Raw was a serious breach of strict Department of Justice (DOJ) protocol of not commenting on pending investigations and prosecutions. At the time of publication of the letter, Bregman was running for District Attorney in the Democratic primary against former United States Attorney Damon Martinez. The purpose of the letter appears to be a violation of established Department Of Justice (DOJ) ethical standards and guidelines which would be determined by the DOJ Office of Professional Responsibility (OPR) or the DOJ Office of Inspector General if a complaint were filed.

Bregman was also under severe criticism by APD Chief Harold Medina for the DA’s office failure to advise APD of scheduled hearings thereby facilitating the dismissal of DWI cases and the bribery scheme. APD Chief Harold Medina accused DA Bregman’s office for being responsible for the dismissal of DWI cases.The Uballez letter to Bregman effectively diffused the criticism APD made against DA Bregman.

The Uballez letter to Bregman and then sent to the media resulted in the insertion of the United States Attorney office into political activity which is strictly prohibited by the Federal Hatch Act. (5 U.S. Code § 7323 (a) and 7324 (a) – Political activity authorized; prohibitions).  The Federal Hatch Act restricts the political activity of federal employees. It prohibits them from using their official authority or influence to interfere with elections, engage in partisan political activity on duty, or “use government resources for political purposes.” The law aims to ensure a non-partisan federal workforce.

A link to review the Hatch Act is here:

https://codes.findlaw.com/us/title-5-government-organization-and-employees/5-usc-sect-7323.html

The DOJ’s Justice Management Division considers all United States Attorneys to be “restricted” employees for Hatch Act purposes and they may not use government resources for political purposes or their official authority or influence to interfere with or affect the result of an election.

A guide to the Hatch Act for federal employees on who it applies to is here:

Click to access A%20Guide%20to%20the%20Hatch%20Act%20for%20Federal%20Employees.pdf

The media will not disclose who released the letter to them because it would be considered revealing a confidential news source.

UBALLEZ NEGOTIATES 5 PLEA AGREEMENTS DAYS AFTER TRUMP SWORN IN AS PRESIDRNT AND BEFORE TRUMP FIRES HIM

Uballez’s biggest claim to fame as US Attorney was bringing federal charges against three former APD officers and the two ring leaders involved in the DWI bribery and conspiracy scandal to dismiss hundreds of DWI cases and securing five plea agreements in the case. It’s unknown just how long the FBI investigation went on before the search warrants were executed on January 19, 2024. The investigation became very public on January 19, 2024 when the FBI executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez.

During the  entire year after the search warrants were executed on January 19, 2024, the public and the 3 law enforcement agencies implicated were very confused or left in the dark as to how the investigation was progressing, so much so that Bernalillo County Sherriff John Allen complained about the investigation and said this:

“I don’t agree with how the investigation is going. There’s too many leaks, too many conversations, too many interviews, and too much stuff coming out.”

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/bernalillo-cou

The public wondered what was taking so long to bring charges and why the FBI and the United States Attorney were dragging their feet on bringing charges. That all changed when Donald Trump was elected President on November 4, 2024 and sworn into office on January 20, 2025.

A year after the search warrants were executed, the FBI finally turned over evidence in the case to U.S. Attorney Alexander Uballez that allowed him to bring charges before Uballez was fired by Trump.

RICARDO “RICK” MENDEZ PLEA AGREEMENT

It was on January 24, 2025, a mere 5 days after Trump was sworn in as President, and after over a full year of investigation by the FBI and the Department of Justice, a federal Criminal Information charging document was filed against Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. The 8 count criminal Information contains 1 count of a RICO Conspiracy, 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds, 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

A spokeswoman for the New Mexico United States Attorney’s Office issued a statement on the Mendez case and said this:

“The investigation remains active and ongoing. At this time, we are not in a position to comment on potential future legal proceedings or individuals who may be involved.”

For the entire year of the investigation, United States Attorney Alexander Uballez remained stone silent on the investigation. On January 24 Uballez broke his silence in an interview with KRQE and he said this:

“…This is just the beginning of publicly holding people accountable. …  This is proof first of all, that it happened. And it’s an opportunity for those … who are involved, those who are witnesses, those who are victims to come forward, come to the table. It really is never too late to do the right thing. So our call today is to those who are still out there to pick up the phone and to come in.” 

https://www.krqe.com/news/crime/this-is-clearly-just-the-beginning-new-mexicos-u-s-attorney-on-dwi-scandal-charges/

FORMER APD OFFICERS HONORIO ALBA JR. AND JOSHUA MONTAÑO PLEAD GUILTY AS CHARGED

On Friday, February 8, 2025, a mere six days before Trump fired Uballez, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas of guilty. Both Montaño and Alba plead guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially 130 years in prison.

Alba and Montaño plead guilty to the charges two weeks after a Ricardo “Rick” Mendez plead guilty to 1 count of racketeering, 5 counts of bribery, 1 count of extortion, aiding and abetting and 1 count of conspiracy. The APD officers allegedly took kickbacks to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

Alba and Montaño were the first of 15 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear. Both admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps.

Alba and Montaño were identified as among the most prominent targets in the FBI corruption investigation. News source have determined Alba was responsible for dismissal of 67 DWI cases while Montaño had 41 DWI dismissals.

U.S. Attorney Alexander Uballez said this at the time to news media outlets about the Alba Jr. and Montaño charges:

“This is neither the end of the investigation nor the end of the case. This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations. … There’s been calls from the beginning from the community from the beginning for accountability from APD itself and from all of our law enforcement partners. One of our highest missions in the Department of Justice and one of our biggest focuses over the past three years was making sure the public had a reason to trust in its institutions.”

 FORMER APD OFFICER NEILL ELSMAN AND ATTORNEY CLEAR PLEAD GUILTY

On February 12, 2025, a mere 2 days before Uballez was fired, former APD Officer Neill Elsman and DWI defense attorney Thomas Clear III, 67, were arraigned in U.S Magistrate Court and plead guilty as charged to bribery of Albuquerque Police Department officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. They admitted to their involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases. The two pleas occurred a mere 2 days before Uballez was fired by Trump.

APD officer Neill Elsman plead guilty to 5 counts in federal court. Elsman pleaded to conspiracy, extortion, and bribery. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. He is one of 12 officers placed on leave after the allegations came to light.  In his plea agreement, Elsman admits to working with Clear since 2021 to get drunk driving cases dismissed in exchange for cash and other gifts. He is the third APD officer involved in the DWI dismissal scandal to plea guilty.

Clear plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped. In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office. The federal and state courts have disbarred Clear and forfeiture actions have been brought against a home he owns and his law offices.

On February 12, 2025, two days before Trump terminated him, Alexander Uballez said this in a statement issued to the Albuquerque Journal:

“Today, Thomas J. Clear III admitted to leading a decades-old criminal enterprise wherein he abandoned his own ethical duties as a lawyer, corrupted generations of law enforcement officers, and perverted the criminal justice system in order to feed his own greed. With this conviction, we end this ignominious scheme that has shaken the faith of all New Mexicans. But we are not done digging. Now is the time to come clean.  If you were ever involved in this deceit, now is the time to come to the table.”

 https://www.abqjournal.com/news/article_a2bffa0a-e981-11ef-8544-9fcfffcaf2e9.html#tncms-source=home-featured-7-block

TRUMP’S FIRING  OF UBALLEZ

It was on February 14, Valentines Day, the New Mexico Department of Justice announced U.S. Attorney Alexander Uballez had resigned at the request of President Donald Trump. The Trump firing of Uballez was expected in that it is customary for newly elected Presidents to ask for the resignations of all appointed United States Attorney’s.

Uballez said he received notice of his firing by the Trump administration in his personal email account on President’s Day, Monday, February 17 in the afternoon. His firing came after he was stripped of his government cellphone and computer access on February 14 without prior notice nor explanation. He alerted the U.S. Department of Justice of the lock out but received “no guidance.” Speaking on the lockout, Uballez said he had “never heard of this happening before.” Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by President Joe Biden.

https://www.abqjournal.com/news/article_bbb7be32-ed67-11ef-9faf-afe3c73eeb01.html#tncms-source=home-featured-7-block

On April 18, the United States Attorney’s Office for the District of New Mexico announced that Ryan Ellison was appointed as the new United States Attorney for the District of New Mexico by U.S. Attorney General Pam Bondi to replace former US Attorney Alexander Uballez.

On April 19, former US Attorney Alexander Uballez announced his candidacy for Mayor of Albuquerque.

UBALLEZ RUNS FOR MAYOR

On April 19,  Alexander Uballez announced his candidacy for Albuquerque Mayor with a video on YOUTUBE  to announce his candidacy. The video can be viewed here:

https://www.youtube.com/watch?v=oRjrJ4hVCFU.

https://www.abqjournal.com/election/article_32b726a6-b9fa-421d-922e-8409a752c826.html#tncms-source=home-featured-7-block

In  his video announcement, Uballez is attempting to portray himself as the “Progressive Prosecutor”  by taking credit for a diversion court when he said this:

“I know public safety is more than locking people up. That’s why I started New Mexico’s first federal reentry court to shut the revolving door and provide a pathway for people to return to our community.”

Over the summer of 2023, Albuquerque community groups met with then US Attorney Alexander Uballez who was spearheading discussions to learn what problems are at the heart of the city’s violence and what can be done to address them. Uballez said this in an interview with KRQE:

“The fact is: there is no single solution that fixes all violence all at once. [We are] stepping out of our traditional roles in the courtroom, stepping out of our traditional roles of kicking in doors and putting on handcuffs, and approaching them with care and with love.”  

https://www.krqe.com/news/new-mexico/attorney-for-district-of-new-mexico-looks-to-help-with-albuquerques-crime-problem/

There is no doubt as the campaign for Mayor heats up, the far more conservative candidates of Republican Former Sherriff Darren White and Conservative Democrat and retired APD Officer Councilor Louie Sanchez, assuming they make the ballot,  will attack Uballez as being soft on violent crime offenders especially when he says violent criminals must be approached “with care and love”.

THE “PROGRESSIVE PROSECUTOR” VERSUS THE “PROGRESSIVE MAYOR”

Political analysts, city hall watchers and Democratic Party insiders are saying Uballez is picking up the early backing of younger progressive Democrats who have become disillusioned and dissatisfied with progressive Democrat Tim Keller. It is being presumed by many that Uballez has the ability to qualify for $756,000 in public financing and that he will get additional financial support from national progressive groups that will put Uballez in the top tier of candidates to take on Mayor Tim Keller.

Uballez asserts for his part he “has been fighting” for ABQ for 15 years as a prosecutor. The problem for  Uballez is that he is a blank slate, a virtual unknown to voters with his “15 minutes of fame” for his prosecution of the APD bribery scandal to dismiss DWI cases now in the rear-view mirror.

The progressive wing of the Democratic Party for years has nominated and elected progressive candidates to serve at the exclusion of moderate to conservative candidates. Progressive Democrats were instrumental in getting Mayor Tim Keller elected twice as he brandished his progressive credentials. Keller is doing so again today campaigning against President Trump’s cuts to federal funding to the city calling it “DEFEND ABQ, Standing Strong For Families”.  Keller went so far to have a city sponsored event on March 24 calling it “DEFEND ABQ, Standing Strong For Families” where over 1,200 were in attendance as he spoke for over an hour on the evils of Trump’s cuts to city federal funding.  Uballez was in attendance no doubt taking notes in anticipation of running against Keller.

Progressive Democrats tend to be “politcal purists” when it comes to ethics in government and they are viewed as soft on crime, suspicious of prosecutors and law enforcement in general, and not very supportive of increased penalties for crimes. For these reasons it would be prudent not to assume Uballez will get the progressive Democrat vote.

DEMOCRAT ENDORSEMENTS

Alex Uballez has yet to announce any major Democrat endorsements for his candidacy for Mayor.

Mayor Tim Keller for his part has been endorsed for a third term by older Progressive Democrats, including former Lt. Governor Diane Denish, Former State Treasurer James Lewis, and former state Sen. Jerry Ortiz y Pino, former State Senator Richard Romero and former U.S. Ambassador Edward L. Romero and civil rights leader Delores Huerta. Mayor Keller has also been endorsed by current Democrat elected officials including New Mexico Speaker of the House Javier Martinez,  3 Democrat State Senators and 8 State Representatives from the Albuquerque area as well as all 3 elected Progressive Democrats on the City Council and the 4 Progressive Bernalillo County Commissioners.

The full list of Mayor Keller current  endorsements is here:

https://www.mayortimkeller.com/endorsements

Mayor Keller and Alez Uballez have not announced endorsements from the three former Mayors of Albuquerque who are Progressive Democrat  David Rusk, Jim Baca and moderate Democrat Marty Chavez. No endorsement for Mayor has been made by Democrat Senior Senator Martin Heinrich, Congress Woman Melanie Stansbury, Governor Michelle Lujan Grisham, Attorney General Raul Torrez and District Attorney Sam Bregman nor former Interior Secretary Deb Halaand all of who are from the Albuquerque area.

ANALYSIS AND COMMENTARY

Uballez admitted this when it came to prosecuting the FBI federal DWI Enterprise case:

“This is neither the end of the investigation nor the end of the case. This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … ”

The truth is, Uballez and the public do not know for a fact if the investigation is continuing or if it has come to an end. The last announcement on the case was on March 24, over a full month when the last plea occurred, when former APD Officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

There is really nothing “very unique” about the case as Uballez claims. It is a straight forward bribery of law enforcement case .  It is a very typical federal racketeering case involving multiple defendants, multiple victims, and relying on a paper trail and relying on whoever the FBI is able to identify as victims and securing their testimony. Public corruption cases, even involving law enforcement, are still proven by following the money and the paper trail and identifying the victims. Normally, prosecutors start from the bottom up to charge suspects to reach the top of the racketeering ladder in order to ensure all are prosecuted.

“ASS-BACKWARD”, “CHERRY PICKING” APPOACH TO PROSECUTION

Uballez said “Typically, defendants are charged all at once and the resolution of their cases in court can take months.”  Bluntly put, Uballez approach to prosecuting the case was “ass-backward” in a rush to charge and secure pleas. He did not charge all the 22 implicated and accused at once but  simply “cherry picked” the five biggest, most culpable targets. Uballez knew full well he did not have months to indict and bring charges but a matter of days with his termination pending.

It does not take a legal genius to figure out why United States Attorney Alexander Uballez went forward and rushed to secure plea agreements from Thomas Clear, Ricardo “Rick” Mendez and former APD Officers Honorio Alba Jr., Joshua Montaño and Neill Elsman before any other charges were filed against all the others. Uballez knew he was on his way out the door and was prepared to do anything to generate press to hold onto his job and not get fired by newly elected President Donald Trump. We know now that Uballez likely had his sights on running for Albuquerque Mayor.

Newly appointed United States Attorney Ryan Ellison made absolutely no mention nor commitment when he was appointed if his office will continue with the aggressive prosecution of the Federal DWI Enterprise Bribery.  A total of 22 people have been implicated when you include Clear, his paralegal and a second attorney. A total of twenty-two (22) have been implicated, but Uballez only charged five (5).

Uballez failed to indict  at once all 22 implicated, which would have been the normal thing to do. Uballez has never said why he did not let his successor make the decision on charging all 22 suspects. He still could have charged all 22 at once, negotiated the 5 plea deals and the prosecution of the case would be going forward against the seventeen (17) remaining suspects assuring some sort of justice being served upon the entire bastion of corrupt cops. Instead Uballez rushed to plead the central figures in the case likely to preserve his own legacy in the case and so he declare victory.

Personal political gain should never be the guiding force for prosecutors in bring criminal charges. Serving justice should always be the guiding light to prosecutors in brining charges.  Now that Uballez is running for Mayor, voters must decide if Uballez is deserving of their vote because of the way he handled the largest APD corruption case in history and if he acted in the case for his own political gain and if it really matters to them.

FINAL COMMENTARY

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for all the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.

US Attorney Alexander Uballez did the citizens of Albuquerque a major disservice with the handling of the largest, corruption case in the city’s history when he brought charges against only 5 out of 22 implicated when he should have charged all.

City Pays $2.5 Million To Man Permanently Disabled After Being Shot By APD Officer During Man’s Schizoaffective Episode; Lessons Learned From Shooting; APD Ranked #1 In Police Officer Shootings Out Of  50 Largest City Police Departments; Community Safety Department Created To Deal With Calls Involving The Mentally ILL

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On April 1, it was reported that the City of Albuquerque is paying out $2,5 million in a settlement to a family whose lives were forever changed when an officer shot their son  leaving him with life-altering injuries. It all started with a 911 call when the parents pleaded for help as their son was going through a schizoaffective episode crisis. But it quickly got out of control when officers arrived on scene.

On June 4, 2020,  Max Mitnik, then age is 26 years old, was living with his parents Wanda and Michael Mitnik in their home in the Tanoan gated community. Max Mitnik suffers from mental illness, he has been under psychiatric medical care for some time and was on medication. He has a history of mental health care at the University of New Mexico Mental Health Hospital. At the time of the incident, Max Mitnik had no criminal history, had no prior contacts with APD’s Crisis Intervention Unit.

On June 4, Mitnik had not been taking his medication and told his parents he was worried he would hurt them. The Mitnik’s call APD 911 and two APD Police Officers were dispatched to handle the call for service to deal with Max Mitnik who was having a severe psychotic episode. It was APD Officer Jose Ruiz who shot Mitnik in the head as Mitnik held a knife to his own neck but advanced forward despite warning from Officer Ruiz. Mitnik was transported to the University of New Mexico Hospital and underwent neurosurgery. He then spent two years doing physical therapy and rehabilitation. The shooting left Mitnik, now 31, largely paralyzed on his left side, and it has taken years for him to walk with the help of a cane.

An APD Internal Affairs investigation found the use of force by APD Officer Ruiz was “appropriate” when he shot Mitnik, but that his “lack of command and control” escalated the situation to where force was necessary. Office Ruiz is still employed with APD.

LAWSUITE FILED, CASE SETTLES

In 2022, Max Mitnik’s parents, on his behalf, sued the city and APD Officer Jose Ruiz, seeking damages and alleging the city negligently dispatched police to respond to a mental health crisis without assistance from a health care professional.

The city’s decision to settle the federal laws suite came mid-March when a stay on the lawsuit was placed after an appeal was filed on a qualified immunity ruling from the federal judge in the case.

The June 4 Mitnik APD police officer involved shooting predates the creation of the Albuquerque Community Safety Department (ACS) that is now dispatched to deal with calls relating to the mentally ill  and the APD reforms  under the Federal Court Approved Settlement Agreement (CASA) mandating 271 reforms to deal with use of force and deadly force cases.

Private Attorney Ryan Villa, who represents the family, said that since the lawsuit was filed, Mitnik’s mother, his primary caretaker, has died.  He also said the father retired to help care for Mitnik, who has made progress but will never have full use of his extremities.

Attorney Villa said this:

“[Max] can walk, but he can’t do some of the things he liked to do, like hiking in the mountains or playing basketball, skiing. …  [His] left eye was damaged by the shooting, and he can no longer drive as a result. … Those things will never get any better.”

Max Mitnik’s father, Michael Mitnik, said the bullet “took away hope” of his son living a normal life. He has found medication to help stabilize his schizoaffective disorder, but the brain injury has left him reliant on others. Michael Mitnik said this:

“His life and my life have totally changed since this happened. [What happened to my son broke my wife’s heart] both physically and emotionally.”

Michael Mitnik said the settlement from the city was “hopefully some admission that they have to do better.” He said he is rooting for the Albuquerque Community Safety Department to prevent similar tragedies, but when his son had a more recent crisis, police showed up instead. Michael Mitnik added, “Those police, actually, they did good, those particular officers.”

Private Attorney Ryan Villa said this about the settlement:

“I think we were pleased that the city was willing to come to the table and negotiate.”

The city issued the following statement on the settlement:

“The City continues to improve our emergency response, adding resources for the Community Safety department, which sends trained behavioral health responders to calls in our community 24/7.”

https://www.krqe.com/news/albuquerque-metro/albuquerque-settles-2-5-million-lawsuit-after-officer-shot-man-in-mental-health-crisis/

https://www.abqjournal.com/news/article_27832522-fac2-4fdb-b928-e3495e5c91c5.html#tncms-source=home-featured-7-block

https://www.youtube.com/watch?v=inIGOYGQ8wM

ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT  REACHES MILESTONE

Within a few months following the shooting of Max Mitnik,  Mayor Tim Keller announced the creation of the Albuquerque Community Safety Department (ACS),  a project his office had been working on for some months prior to the Mitnick shooting.  The Albuquerque Community Safety Department has social workers, housing and homelessness specialists and violence prevention and diversion program experts who are dispatched to homelessness and “down-and-out” calls as well as other behavioral health crises calls that were normally handled by APD. The ACS connects people in need with services to help address any underlying issues. The intent is to free up the first responders who typically have to deal with down-and-out and behavioral health calls. The ACS has now been operational for the last 4 years.

On April 2, 2025, ACS announced it had reached the milestone of taking 100,000 calls for service since opening in 2021. In recent years, ACS has gone from handling 900 calls a month to handling 3,000 a month, becoming a 24/7 service and opening a standalone headquarters in 2024. Officials believe the surge is partly due to growing awareness of the department’s services and the diminishing stigma surrounding mental health support.

Despite thousands of calls being rerouted to ACS during that time, fatal confrontations between officers and those in crisis have continued. In recent years, APD officers have shot and killed several people, a fair number of whom were armed, during a behavioral health crisis. In February, an ACS worker called 911 after not being able to make contact with a man who was threatening suicide. When officers showed up, the man pointed an unloaded handgun at them and was fatally shot, according to police.

John Dodd, the clinical supervisor for ACS, explained that many individuals contacting their team are at a breaking point, unsure where to turn for help. He emphasized the department’s holistic and empathetic approach, which connects individuals to essential resources such as counseling, therapy, and psychiatric care. In response to this increased demand, ACS plans to hire more responders and has extended its training program from six weeks to three months. This adjustment ensures that responders are more experienced before engaging with individuals in crisis.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_27832522-fac2-4fdb-b928-e3495e5c91c5.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-community-safety-seeing-increased-calls/64364711

COMMENTARY AND ANALYSIS

The June 4, 2020 police officer involved shooting of Max Mitnick has turned out to be a major milestone on how the city would deal with calls for service involving the mentally ill. Some would say the shooting was in fact a contributing factor for the creation of the Albuquerque Community Safety Department (ACS)  and the city’s efforts to cease relying on APD to handle calls for service to deal with people suffering from mental illness crisis. For that reason, review of the Max Mitnick shooting by APD is in order.

MAX MITNICK CALL FOR SERVICE

It was on June 4, 2020, at 1:56 p.m., that APD received a 911 call from Michael Mitnik who said his son, later identified as Max Mitnik, was diagnosed as having a mental illness, and wanted to be transported to the hospital. Michael Mitnik said his son expressed fear that he would “hurt his parents” APD Officers received additional information that Max had mental health episodes in the past and had “cut himself” representing a danger to himself and others.

Officers learned that Max Mitnik was diagnosed as having schizoaffective disorder and had stopped taking his medication the week this incident occurred. Max Mitnik had not slept in two days. Officers contacted Max and his father in the front yard and explained they could take him to the University of New Mexico Hospital for mental health care or another hospital. Max was asked which hospital he preferred and was advised that it was his choice.

APD Officers Jose Ruiz and a female officer were dispatched to the seen. Upon arrival, Officer Jose Ruiz turned on his lapel camera and a 26 minute 38 second video was recorded.  On Friday, July 10, the Albuquerque Police Department (APD) released the entire lapel camera video to the news media. A YOUTUBE link to the lapel camera recording can be viewed here:

https://www.youtube.com/watch?time_continue=3&v=a0mTXSwtafs&feature=emb_title

EDITOR’S CAUTIONARY NOTE: THE VIDEO IS VERY GRAPHIC, DIFFICULT TO WATCH AND UPSETTING IN THAT IT RECORDS AN ACTUAL SHOOTING. FOR THESE REASONS THE FOLLOWING SUMMARY IS OFFERED FOR READERS:

The first few minutes of the lapel camera video shows two APD police officers talking first with Michael Mitnik, the father, over a fence gate. Soon Max Mitnik walks out to talk with the two police officers. Michael Mitnik opens the gate, and a female Police Officer talks with Max Mitnik. She attempts to reason with Max to allow her to put handcuffs on him in order to follow APD procedures to take him to the hospital for mental health care.

The officers explain to Max he will have to wait at least an hour in the car before he can be admitted because of a backlog at the hospital. The mother Wanda Mitnik soon joins her husband outside talking with the officers. The officers emphasize to Max he was not under arrest nor in custody. Soon Max becomes upset and wants the handcuffs off and they are taken off. After the handcuffs are taken off, Max Mitnik begins to pace in front of the house, down the street and then back appearing and acting agitated.

The video reflects the fact that the father and the officers continually talked with Max Mitnik as he tried to decide whether he wanted to go with them or be taken to the hospital by his parents. The officers again emphasize to Max that he is an adult, that he was not accused of any crime, and they cannot force him to go with them to the hospital and he could go with his parents.

Max Mitnik finally agrees for a second time to go to the hospital with APD, he is again handcuffed but with his hands in front of him. The officers begin to walk Max to marked SUV unit. Max Mitnik again changes his mind as he is being escorted to the APD unit, he turns suddenly and starts to walk towards his parents and the officers ask him what’s wrong.

At this point, Michael Mitnik and Officer Jose Ruiz again try to reason with Max to go to the hospital. Michael Mitnik offers to ride with Max in the police car while Wanda Mitnik follows in the family car. The father tells Max if he does not go, they will only wind up calling APD again. Max says “What happens if I get violent there?… at the hospital.” Officer Ruiz then tells Max that the hospital has its own security. Max tells them he does not want to go the hospital and asks that the handcuffs be removed and the cuffs are removed once again.

Once the handcuffs are removed, Max Mitnik walks back to the house and  goes inside the home. He is not followed by the APD Officers who lose sight of him. This turned out to be a major stake. The officers call APD dispatch and request that a Mobile Crisis Team (CIT) unit be dispatched. CIT Units are made up of a behavioral health clinician and a police officer who responds to mental health calls.

Before the Mobile Crisis Team (CIT) has a chance to be dispatched and arrive, Wanda Mitnik is heard screaming inside the house. Officer Ruiz runs inside, guided by Max Mitnik’s father to a bathroom where Max Mitnik has locked himself inside. Wanda Mitnik shows up with a key to open the bathroom and she said her son was inside the bathroom and was stabbing himself in the neck.

The shooting occurs at 15 minutes and 1 second into the lapel camera video when Officer Ruiz has Wanda Mitnik unlock the bathroom door, the door slowly opens to the dark bathroom and seconds later, Max Mitnik emerges from the bathroom, he is bleeding from the neck and  starts to walk slowly towards Officer Ruiz and says calmly, but as if begging, in a low tone of voice:

“I’m going to suffer a lot if I don’t kill myself, will you please kill me, sir. Kill me.”

The video shows Max Mitnik approaching Officer Ruiz with something in his hand, which is later identified as a paring knife. Two shots are fired by Officer Ruiz. One shot hits Max Mitnik in the hip and the other shot hits him in the head and Max Mitnik falls to the floor unconscious.

Both Wanda and Michael Mitnik reacted in shock to the shooting of their son they had just witnessed.

On the lapel camera video Wanda Mitnik says to Officer Ruiz before going to the aide of her son to try to revive him and stop the bleeding:

“Did you really? Did you really? … Why did you do that?”

The video reflects that Officer Ruiz bends down appearing to pick up something later identified as the paring knife. As soon as Wanda Mitnik goes into the bedroom to help her son, you can hear officer Ruiz call in “shots fired” and he begins to heavily pant as if emotionally upset, start walking down a hallway panting and turning back around after regaining his composure.

Michael Mitnik, sitting down in obvious grief watching his wife and a female police officer giving Max aide had the following exchange with Officer Ruiz:

Michael Mitnik: “We asked for help. … Where did you shoot him? … back of head?

Officer Ruiz: “… No, he was coming toward me, so I don’t think in back of the head.”

Michaele Mitnik: “Why did you do that? … He asked you to kill him.”

Paramedics arrived and Max Mitnik was taken to the emergency room. Remarkably Max Mitnik survived the close-range shooting.

Media reports reflect that Max Mitnik was critically injured and spent a month at the hospital before returning home.

The link to review the APD Release of Details of the shooting is here:

Click to access ois-media-briefing-news-release-10jul2020.pdf

Links to relied upon or quoted news coverage is  here:

https://www.kob.com/albuquerque-news/apd-releases-video-of-police-shooting-in-tanoan/5788708/

https://www.abqjournal.com/1474759/video-shows-tanoan-shooting-during-mental-health-call.html

https://www.krqe.com/news/albuquerque-metro/police-involved-in-shooting-in-northeast-albuquerque/

COMPLICATING FACTORS

There were two police officers initially dispatched to the Mitnik residence on June 4 and who interacted with Max Mitnik. Each officer placed handcuffs on him on two separate times as they explained to him APD’s Standard Operating Procedures and why the handcuffs were needed as they attempted to reason with him to allow them to take him to the hospital.

What really complicates the Max Mitnik shooting case is the fact the call out to the Mitnik residence was not to make an arrest or to investigate a crime. The call out was a “welfare check” to assist a mother and father dealing with a son who was having a psychotic episode, a son who was threatening to get violent and who wanted to go to the hospital. The police could not force Max to go to the hospital, he had not committed any crime nor did they have probable cause to arrest him for a crime. The only thing the officers could do was attempt to reason with him.

Demanding that Max wear handcuffs was to conform with APD Standard Operating Procedures. Any reasonable lay person would no doubt ask
“Was it necessary to cuff Max if he was  just being transported to the hospital?” The answer is YES because there was no guarantee Max would NOT become resistant and act out once inside the police vehicle. The biggest mistake was the officers and his parents did not attempt to reason with him not to go back into the house.  The officers did attempt to reason with  Max and call for the Crisis Intervention Team (CIT). The officers lost control of the scene when they allowed Max to go back into the home and allowing Max to escalate the interactions with the police.

What happened on June 4 reflects the “real world” of policing. It became “a no-win situation” for the police officers who were conducting a “welfare check call” to provide assistance. It became a total tragedy for a family who reach out to APD for help. No crime was reported nor investigated. The family was asking for help, and it escalated to a police officer shooting. The two Police Officers were clearly acting courteous at first, but once they allowed Max Mitnik out of their site and allowed him to go back into the home, they lost complete control of the scene and endangered themselves and the Mitniks as well. The “no win situation” was that had the officers been far more aggressive with Max Mitnik and used force at any level where no arrest was being made they would have been condemned of escalating the situation contributing to the shooting.

APD RANKED #1 IN CIVILIAN KILLINGS OUT OF THE 50 LARGEST CITY POLICE DEPARTMENTS IN THE COUNTRY

On April 10, 2024  the on line news publication Searchlight New Mexico published a remarkable story researched and written by its staff reporter Josh Bowling.  The article is entitled “Can the Albuquerque Police Department ever be reformed?”  The article goes into great detail explaining the Court Approved Settlement Agreement, what has been done to reform APD and the role of the Federal Monitor. The article also mentions the Max Metnick shooting. The link to read the full, unedited Searchlight New Mexico article with photos and graphs is here:

https://searchlightnm.org/can-the-albuquerque-police-department-ever-be-reformed/?utm_source=Searchlight+New+Mexico&utm_campaign=ca4e266790-4%2F10%2F2024+-+Albuquerque+Police+Department+Reform&utm_medium=email&utm_term=0_8e05fb0467-ca4e266790-362667516&mc_cid=ca4e266790&mc_eid=ccd9412715

The Search Light New Mexico article reported that in 2014, the Albuquerque Police Department killed 10.6 people per million residents,  more than any other sizable police department in the nation, according to data tracked by the national nonprofit Mapping Police Violence.

Following are the relevant excerpts from the Search Light New Mexico article

In 2022, the department set a record for police shootings with 18, 10 of which were fatal. That year, a Searchlight analysis found, only the police departments in Los Angeles, New York and Houston killed more people than APD.

Law enforcement officials, including police leaders and district attorneys, say such figures are nuanced. They point to the acute dearth of mental health resources in New Mexico and, anecdotally, stories of people who draw guns on police officers as explanations for why the problem of police violence is so outsized locally.”

…

“In the past four years, Albuquerque police repeatedly shot people who were suffering visible mental health crises. They shot 26-year-old Max Mitnik in the head during a “schizoaffective episode” in which he asked officers to fire their weapons at him; they shot and killed 52-year-old Valente Acosta-Bustillos who swung a shovel at officers and told them to shoot him; they shot and killed 33-year-old Collin Neztsosie while he was on his cell phone, pleading for help with a 911 dispatcher.

These grim numbers have led reform advocates, critics and law enforcement leaders themselves to question what it means to be “in compliance.”

“You can improve things on paper or comply with the terms of a consent decree and still have these things happening. … Albuquerque is a prime place to be asking the questions…about what impact consent decrees have. The city should be ground zero for the national conversation on police reform” said UCLA law professor Joanna Schwartz, author of the 2023 book “Shielded: How the Police Became Untouchable.”

This is not to say that the consent decree has been without merit. The 2014 Court-Approved Settlement Agreement between the DOJ and Albuquerque laid out nearly 300 mandated reforms.  Since its launch, APD has fulfilled hundreds of reform requirements, including overhauling scores of policies and training procedures.”

The Search Light New Mexico article contains a horizontal graph listing the 50 largest cities in the United States. According to the graph, among the 50 largest cities, Albuquerque Police killed people at the highest rate than all the other city police departments in 2023  at the rate of  10.6 per 1 Million population. It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

  • Albuquerque, NM: 10.6
  • San Antonio, Texas:  9.8
  • Phoenix, Arizona: 8.7
  • Austin, Texas: 7.3
  • Denver, Colorado: 5.6
  • Tucson, Arizona: 5.5
  • Fort Worth, Texas: 5.4
  • Houston, Texas: 5.2
  • Colorado Springs, Colorado: 4.2
  • Dallas, Texas: 3.1
  • El Paso, Texas: 2.9
  • Las Vegas, Nevada: 2.6
  • Oklahoma City, Oklahoma: 2.0

REVISITING THE DOJ USE OF FORCE AND DEADLY FORCE INVESTIGATION Of APD

On 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.”

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.

 A significant number of the APD “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

The investigative report found a pattern or practice of use of “deadly force” or “excessive use of force”. 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.

The lapel camera video involving the Max Mitnick shooting shows the difficulty it is for trained police officers to implement use of force and deadly force written policy and apply those policies with real life events in police work. Much of police work when police are engaging with a criminal offender, especially when they are involved in the immediate commission of a crime or a fleeing suspect, is reactionary. Being reactionary during an incident, the time to make a decision to use force or deadly force, and to what extent, is literally one or two seconds. Such was the incident with Max Mitnik.

FINAL COMMENTARY

The lapel video of the Tanoan shooting of Max Mitnik was no doubt reviewed over and over again and again by not only by APD Internal Affairs Unit, but the Force Investigation Division, the Force Review Board and the Federal Court Approved Monitor overseeing APD. It is likely the lapel camera video will also wind up being used at the APD academy for training purposes.

The Tanoan lapel camera video is a case study of the “heartbeat” decisions that police officers are required to make, especially when dealing with the mentally ill. When you review the video, no one can say with absolute certainty what was going through the mind of Officer Ruiz, what extent he felt his life was in danger and why he decided to fire his gun, except for Officer Ruiz himself.

The most important factor to consider in deciding if the use of deadly force was legally justified is the extent of a threat faced by an officer using the force or the threat to others at the scene. Ultimately, APD Internal Affairs decided  APD Police Officer Ruiz acted in a way that an “objectively reasonable” officer would have acted in the same circumstances.  That is the rub when deciding to discipline or prosecute any police officer for shooting anyone. APD Internal Affairs investigation found the use of  force by APD Officer Ruiz was appropriate when he shot Max Mitnik, but that his “lack of command and control” escalated the situation to where force was necessary.

Links to related blog articles are here:

APD Lapel Cam Video Of Shooting Reflects APD’s Interaction With Mentally ILL Still Problematic; Effectiveness Of DOJ Reform Training In Doubt; What Needs To Be Done

The Tale Of Two APDs: Shootings Of Citizens By APD Alarmingly High As APD Comes Into Compliance With DOJ Mandated Reforms; Analysis And Commentary