African American Moses M. Bell’s Version Revealed Of His 2004 Shooting By White Wash. D.C. Cop Pat Davis; Outcome Unknown Of Davis Internal Affairs Investigation And Why Davis Not Charged With Crime

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

Reverend Martin Luther King, Jr., “Letter from Birmingham Jail,” April 16, 1963.

On August 31, 2004 , Moses M. Bell, age 37 at the time, was a Washington, DC resident. Moses M. Bell is African American and on August 31, 2004, was driving his car and giving his male African American friend a ride to his girlfriend’s house. According to court filings, while sitting in his idling parked vehicle to allow his passenger to exit his vehicle, Moses M. Bell was shot twice in the left shoulder by Washington D.C. Police Officer Pat Davis when Davis approached the driver’s side of the car and opened fire without provocation.

At the time of the shooting, D.C. Police Officer Patrick Davis was allegedly investigating Moses M. Bell, the driver of the vehicle, for failure to make a left turn signal and his passenger’s failure to wear a seat belt. Police officer David Tucker, Davis’ partner, remained in the vehicle when Davis got out of the patrol car to question the driver Moses M Bell. Moses M. Bell was first charged with “Assaulting, Resisting or Interfering With A Police Officer With A Dangerous Weapon” when a gun was found in the car Bell was driving. Bell’s hand gun was found to have never been discharged and Bell did not threaten or point his gun at Pat Davis.

The original charges were dismissed with new charges filed alleging “Carrying a Pistol Without A License”. Bell plead guilty to the lesser offense, sentenced to 18 months. Moses Bell filed a 1984 Civil Rights Act complaint for damages against Pat Davis. The civil case against Davis was dismissed without prejudice for Bell’s failure to serve Pat Davis with the lawsuit. Pat Davis has never filed an Answer to the 1984 Civil Rights Complaint.

This blog article is an in-depth report on the criminal charges filed against Moses M. Bell and how the charges were disposed. It also reports on the civil rights case Moses Bell filed against Pat Davis and why it was dismissed without prejudice. Until now the only version of what happened on August 31, 2004, is the version Pat Davis has given to the Albuquerque news media. This blog article gives Moses M. Bell’s detail version of his shooting on August 31, 2004 as gleaned and quoted from court documents filed in both the criminal case and the civil case. In a very real sense, this blog article is also a report on the injustice inflicted upon Moses M. Bell by our criminal and civil judicial system.

EXPLANATION OF HOW A PERSON IS CHARGED WITH CRIME

Given the types of pleadings that will be quoted, an explanation as to how a person is charged under federal law is in order. Under federal law there are four ways a person can be charged with a felony:

1. Criminal complaint,
2. “Superseding Information”
3. Criminal arrest warrant, and
4. Indictment by a grand jury.

A criminal complaint must be supported by oath or affirmation of either the victim or the arresting officer. A “superseding information” is virtually identical in form to the complaint, except that it is signed by a United States Attorney, it is required in felony prosecutions, and is used to add to or replace original charges that have or will be dismissed. With an indictment, prosecutors present evidence in secret to a grand jury who then votes to indict or not indict. A “target letter” is sent to a person who is under grand jury investigation and they can appear and testify under oath before a grand jury indicts to give their version of what happened and if they so choose to.

After a defendant is found guilty by trial or pleads guilty to charges, a pre-sentence report is prepared by “probation and parole” providing background of a defendant and making recommendations for sentencing which are submitted to the Court for review. Defense attorneys are allowed to submit a “Memorandum In Aid of Sentencing” allowing them to make recommendations to the sentencing judge and justifying acceptance of the plea.

All attorneys, prosecutors and defense attorneys alike, are “officers of the court”, and are required by law and the Code of Ethics and Professional Conduct to make true and accurate representations to a court of law to the best of their knowledge and ability. Misleading a Judge is a very serious ethical offense and failure to disclose to a Court of law by any attorney can result in disciplinary actions, including jail for contempt of court, suspension or disbarment, against the attorney for ethics violations.

FEDERAL CRIMINAL CHARGES FILED AGAINST MOSES M. BELL

On September 1, 2004 Moses M. Bell was charged in a Criminal Complaint for “Assaulting, Resisting or Interfering With A Police Officer With A Dangerous Weapon, in violation of 22 D.C. Code, Section 405 (b) (2001 ed.)” and filed in DISTRICT OF COLUMBIA SUPERIOR COURT, UNITED STATES v. MOSES M. BELL, Case Nos F-5513, Judge John H. Bayly, Jr., Felony Status: October 14, 2004.

The criminal complaint states as follows:

“On or about August 31, 2004, within the District of Columbia, Moses M Bell, without justifiable and excusable cause, and with a deadly and dangerous weapon, that is, a pistol, did assault, resist, oppose, impede, intimidate, and interfere with, Patrick Davis, a member of a police force operating in the District of Columbia, knowing Patrick Davis to be a police officer, while Patrick Davis was engaged in and on account of the performance of official duties. (Assaulting, Resisting or Interfering With a Police Officer With a Dangerous Weapon, in violation of 2 D.C. Code, Section 405(b) (2001 ed.))”

On September 1, 2004, the following affidavit of facts sworn to by a D.C. Police Officer and signed was part of the criminal complaint filed against Moses Bell:

“On Tuesday, August 31, 2004, at approximately 4:10 pm, Officers Patrick Davis and David Tucker were on routine patrol in … Washington, D.C. Both officers were in full uniform and operating a marked MPD cruiser. While on patrol, the officer observed a red in color 1986 Nissan 300ZX … occupied by two black males. The passenger in the vehicle was observed without his seatbelt on and the vehicle also failed to use a turn signal while making a left turn onto … Ridge Road, Southeast. Officers Davis and Tucker followed the vehicle which turned onto 37th Street, Southeast. Offices observed the vehicle pull over in front of 301 37th Street, Southeast, and at that time, conducted a traffic stop on the vehicle.

Upon approaching the vehicle on foot, officers observed a black male subject exit the passenger side of the vehicle and remain on the sidewalk near the vehicle. Officer Patrick Davis approached the driver’s door of the vehicle and observed the driver with a semiautomatic pistol in his hand attempting to conceal the handgun in the middle of the console area of the vehicle. Officer Davis reached inside the vehicle and attempted to grab the handgun from the driver and a struggle ensued.

The driver of the vehicle then sped off at a high rate of speed with Officer Davis partially inside of the driver’s window struggling with the driver and being dragged by the vehicle. The driver said to Officer Davis, “Get off my shit.” Officer Davis, fearing for his life, fired his service weapon into the vehicle. Officer Davis was able to untangle himself from the driver, and he fell backwards onto the street. The vehicle then fled the scene south on 37th Street and made a left turn onto Ely Place, Southeast.

Officers Davis and Tucker radioed for assistance and at 4:31 pm, officers canvassing the area located the Nissan 300ZX parked and unoccupied in the rear parking lot of 3710 Ely Place, Southeast. Further examination of the vehicle revealed apparent blood stains on the driver’s side door of the vehicle and a bloody Ruger 9mm semi-automatic pistol on the pavement just outside of the driver’s door.

Officers continued to canvass the area and at 4:39 pm, located the defendant, later identified as Moses Bell, hiding under a stairwell in the rear of 405 Ridge Road, Southeast. The defendant was suffering from a gunshot wound to the left shoulder. Officer Davis responded to the 400 block of Ridge Road, Southeast, and positively identified the defendant as the person with whom he struggled over the gun, and who drove away, dragging Officer Davis along.

The defendant was transported to Howard University Hospital where he was treated for his injuries. … ”

On October 13, 2004, the criminal complaint was dismissed charging Moses Bell with “Assaulting, Resisting or Interfering With a Police Officer With a Dangerous Weapon” relating to the August 31, 2004 shooting incident. Moses M. Bell was then charged by “Superseding Information” with “Carrying a Pistol Without A License” for the August 31, 2004 incident with Pat Davis.

On March 8, 2005, Moses M. Bell entered a guilty plea to the “Superseding Information” charging him with “Carrying a Pistol Without A License”. Under the plea agreement, the United States Attorney agreed to recommend that Moses M. Bell receive a sentence of 18 months in prison in exchange for Bell’s plea of guilty and he was in fact sentenced to the 18 months in prison. It is more likely than not that the Unites States Attorney’s Office sought jail time for a weapons charge because of Mr. Bell’s prior criminal record making him a convicted felon in possession of a firearm at the time of his shooting by Davis.

EDITOR’S NOTES HIGHLIGHTING PAT DAVIS CONTRADICTIONS

The sworn affidavit of facts filed in conjunction with in the criminal complaint states in part:

“Officer Davis reached inside the vehicle and attempted to grab the handgun from the driver and a struggle ensued. The driver of the vehicle then sped off at a high rate of speed with Officer Davis partially inside of the driver’s window struggling with the driver and being dragged by the vehicle”.

These allegations are seriously flawed and undermined by Moses Bell and his defense attorney with representations in court filings that state:

“Witnesses who observed the incident told counsel that the officer who approached the car did so with his gun drawn. … The witnesses further indicated that they observed the officer reach the side of the car and open fire. … [Pat Davis] would later claim that he was dragged down the block at high speed. … The defendant [Moses Bell], fearing that the shooting was not over, put his car in gear and pulled away. The officer fell away as the car pulled off. Suffering only superficial scrapes. … . This allegation, which, spawned a charge of Assaulting a Police Officer against the defendant, was as inaccurate and several other representations made by Davis … Officer Davis … stated that he fired in response to the defendant’s discharge of his own weapon. This version of events, was not only self­serving, but inaccurate. The defendant’s weapon was clearly never fired.”

FALSE STATEMENTS MADE TO ALBUQUERQUE JOURNAL IDENTIFIED

In a February 6, 2017 Albuquerque Journal report entitled “ABQ Councilor Seeking Police Reforms Has An Insider’s Perspective”, it was reported that Pat Davis admitted that he drew his weapon and fired into the car twice, striking the suspect in the shoulder. However Pat Davis told the Journal that he fell to the ground and the “car ran over his leg.” He also told the Journal reporter that the driver crashed the car and was taken into custody.

The Pat Davis statement that the car ran “over his leg” is discredited with the defense assertion that Davis suffered only “superficial scrapes” and the fact Davis showed up within less of a half hour of the shooting where Moses Bell was apprehended and Davis identified Bell as the person he shot.

It was false when Pat Davis told the Albuquerque Journal that the “driver crashed the car and was taken into custody”. The September 1, 2004 Statement of Facts submitted in support of the criminal complaint states “the vehicle then fled the scene” and “officers canvassing the area located the Nissan 300ZX parked and unoccupied in the rear parking lot [of a building and] … located the defendant, later identified as Moses Bell, hiding under a stairwell … .

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

On June 25, 2020, the Albuquerque Journal in its front-page story entitled “Progressive Group Wants City Councilor Davis To Resign” , the paper for a second time reported Pat Davis’ version of the shooting and reported:

“Davis said he spotted a gun in the driver’s hand and lunged into the car to try to grab it. During the tussle, the driver hit the gas and sped off. Davis fired his weapon, striking the driver in the shoulder, then fell to the ground and the car ran over his leg.”

https://www.abqjournal.com/1470049/progressive-group-wants-city-councillor-davis-to-resign.html

Not a single court document obtained for review makes any reference or even suggest that Moses M. Bell ran over the leg of Pat Davis when Bell fled after he was shot by Davis.

MOSES M. BELL “MEMORANDUM IN AID OF SENTENCING”

On May 12, 2005, the defense attorney Edward C. Sussman for Moses M. Bell filed the below “DEFENDANT’S MEMORANDUM IN AID OF SENTENCING”. The court document provides for the first time Moses M. Bell’s version of his shooting by Pat Davis. It also exposes major discrepancies in what Pat Davis alleged in the criminal complaint as to what happened. Following is the court document:

“UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA

V. CR. NO. 03-388 (JR)

MOSES BELL

DEFENDANT’S MEMORANDUM IN AID OF SENTENCING

The defendant, having entered a plea of guilty to the D.C. Code offense of carrying a pistol without a license, will appear before this honorable court for sentencing on May 19, 2005. He respectfully requests that this honorable court consider the following memorandum in imposing sentence.

On March 8, 2005, pursuant to a plea agreement, the defendant entered a guilty plea to superseding information charging him with Carrying a Pistol Without a License. Under the terms of the agreement, the government would recommend that the defendant receive a sentence of 18 months. While clearly the court is not bound by the agreement, the defendant, for the reasons that follow, would request that the court impose the sentence that the parties have agreed upon.

1.The prosecution arose from a rather unique fact situation that caused problems for both the defense and the prosecution. The defendant had pulled his car over to the curb on 37th Street S.E. to allow a passenger to get out. A marked squad car pulled up behind the stopped car. One of the officers in the squad car, for reasons that still remain unclear, approached the driver’s side of the defendant’s car. (FOOTNOTE 1: One police report indicated that the officer had observed the defendant’s car tum without signaling. However, it would be inconsistent for an officer’s partner to remain in the squad car while a traffic stop was occurring. The officer who remained in the car indicated that his partner wanted to talk to the driver about his hazard lights.)

2.Witnesses who observed the incident told counsel that the officer who approached the car did so with his gun drawn. These witnesses added that – in a rather rough section of the city ­ it was not unusual for officers to “unholster” their weapons in traffic stop situations. The witnesses further indicated that they observed the officer reach the side of the car and open fire. This is corroborated by the fact that the defendant was struck twice in the left shoulder, the shoulder directly in front of the officer.

3.Officer Davis, a relatively inexperienced police officer, stated that he fired in response to the defendant’s discharge of his own weapon. This version of events, was not only self­serving, but inaccurate. The defendant’s weapon was clearly never fired. After firing at the defendant, the officer attempted to reach inside the car, presumably to seize a weapon he had observed. The defendant, fearing that the shooting was not over, put his car in gear and pulled away. The officer fell away as the car pulled off. Suffering only superficial scrapes, Officer Davis would later claim that he was dragged down the block at high speed. This allegation, which, spawned a charge of Assaulting a Police Officer against the defendant, was as inaccurate and several other representations made by Davis. Following being shot, Bell drove a block or two away and got out of his car. Police officers located a blood-soaked gun near the car and arrested the defendant.

4.As the case progressed, and the officer was the subject of the routine police investigation regarding his use of deadly force, it apparently occurred to him that he lacked the necessary skill for his chosen profession. This revelation prompted him to relocate and, counsel believes, leave the police force. Clearly, he was not going to be available for motions hearings or trial of the matter. Although the absence of Davis, clearly weakened the government’s case, the defendant still faced possible conviction on the firearm charge. (FOOTENOTE 2 Counsel believes that the assault on a police officer, in the absence of Davis, and in view of available defense witnesses, was a “dead letter.” After all, driving off immediately after being shot was likely to be more consistent with fear and self-preservation than assaultive intent.)

5.When the parties weighed their respective problems, the 18-month recommendation seemed an appropriate resolution. It was somewhat less than the defendant faced for conviction as a felon in possession of a firearm, but certainly more than he would have faced had the government been unable to make its case. In essence, the parties weighed their respective cases and struck a reasonable compromise. The defendant would ask that the court “honor” their agreement and impose the eighteen (18) month sentence. That sentence, which could be accompanied by a period of supervised release under the D.C. code, would fall within the advisory guidelines utilized by that court.

6.Since the defendant was originally prosecuted in the D.C. Superior Court on the weapons charge (he was detained from August 31, 2004 until the case (F-5513-04) was dismissed in Superior Court on October 13, 2004) and then presented in the federal court on December 8, 2004), he should receive jail credit for the time between his arrest and the dismissal of that case.

7.The defendant believes that imposition of the suggested sentence represents a fair and equitable resolution of this matter.

8.Counsel and the defendant thank the court in advance for its consideration in this matter.”

Respectfully submitted,
Edward C. Sussman No. 174623
Counsel for Defendant Bell
Suite 900 – South Building
601 Pennsylvania Avenue N.W. Washington, D.C. 20004
(202) 737-7110

CERTIFICATE OF SERVICE

I hereby certify that on this 12th day of May, 2005, a copy of the foregoing was served by electronic filing on AUSA Lionel Andre, Gang Prosecutions, 555 4th Street N.W., Washington, D.C. 20530 and by facsimile on Kathy McGill, U.S. Probation Officer, U.S. Courthouse, Washington, D.C. 20001.

OUTCOME UNKNOWN OF INTERNAL AFFAIRS INVESTIGATION AND REASONS WHY PAT DAVIS NOT CHARGED WITH SHOOTING OF MOSES M. BELL

The following Paragraph 4 of the Defendant’s “Memorandum In Aid of Sentencing” confirms that an Internal Affairs Investigation of Officer Pat Davis and his shooting of Moses Bell was conducted:

“As the case progressed, and the officer was the subject of the routine police investigation regarding his use of deadly force, it apparently occurred to him that he lacked the necessary skill for his chosen profession. This revelation prompted him to relocate and, counsel believes, leave the police force.”

Pat Davis also confirmed in a February 26, 2017 Albuquerque Journal article entitled “ABQ Councilor Seeking Police Reforms Has Insiders Perspective” when it was reported in part as follows:

“At the time of Davis’ shooting, the Metropolitan D.C. police were in the middle of a reform effort instigated by a U.S. Department of Justice investigation, which found the department too often used excessive force, including in police shooting cases. The department responded to the shooting in a way that was outlined in the settlement agreement between the DOJ and D.C. police, Davis said.

Albuquerque police are currently involved with a similar reform that also was brought on by a DOJ investigation into Albuquerque police use of force.

Davis said that after his shooting he had to take a mandatory three months of administrative leave and complete therapy sessions. He said it took him about a month to realize the gravity of the situation and to realize that he needed additional time to decompress.

“The stuff hits you about a month out and it takes a little while to work through. I should not have gone and worked in that neighborhood again (shortly after the shooting) because I was a little antsy. … You look at everybody and think, ‘Is this going to lead to another shooting?’

Davis said a group of D.C. officers trained by the DOJ completed the investigation and submitted the case to a federal grand jury, which produced a report on the shooting before Davis returned to work.

“The big questions were answered within 90 days,” Davis said of his shooting. “If there was a problem, they weren’t going to let me go back. And if there wasn’t a problem, they have to let the community know that it’s OK.”

The link to the full Journal article is here:

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

Pat Davis has never disclosed the results of his Internal Affairs Investigation. Further, Pat Davis has never disclosed if one of his problems was being a “target” of the grand jury and if criminal charges were considered to be brought against him by the United States Attorney’s Office for the District of Columbia for excessive use of force or deadly force or for civil rights violations.

Davis has not disclosed if in fact he returned to work for the Washington D.C. Police Department, why he left the D.C. Police Department and for how long before he came to New Mexico to be employed by the UNM Campus Police.

PAT DAVIS NEVER RESPONDED TO CIVIL COMPLAINT FOR SHOOTING BELL

On July 11, 2005, after pleading guilty of “Carrying a Pistol Without A License” an incarcerated Moses Bell filed a Civil Complaint in the United States District Court for the District of Columbia naming Patrick Davis as a defendant.

The civil complaint is captioned as follows:

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MOSES BELL,
Plaintiff

v. Civil Action No. 05-1372 (JR)

City of Washington DC, Anthony Williams, Mayor of the District of Columbia, Charles Ramsey , Chief of the Metropolitan Police Department, the Commanding Officer, (hereinafter C.O.), South District Police Precinct (name unknown) PATRICK DAVIS, Police Officer, South District Police Precinct, IMMEDIATE SUPERVISOR, (name unknown) of PATRICK DAVIS, DAVID TUCKER, Police Officer, Sixth District Police Precinct,
Defendants

Moses Bell filed the complaint without the assistance of a licensed attorney, pro se, with the court allowing Mr. Bell to proceed “in forma pauperis” to file his action. The civil complaint is in handwritten print, presumably in Mr. Bell’s own handwriting. Section I of the complaint identifies Moses Bell as the Plaintiff, Section II alleges “Parties, Jurisdiction and Venue”, Section III alleges “Previous Lawsuits by Plaintiff” with none listed. Section III contains a “Statement of Facts” with paragraphs numbered 17 to 35. A caption entitled “Prayer for Relief” follows the Statement of Facts with paragraphs number 36 to 41.

Paragraphs numbered 17 to 35 of Section III captioned “Statement of Facts” ostensibly written in Mr. Bells handwriting is the only version of the August 31, 2004 shooting in his own words that can be located in court documents reviewed.

Pat Davis was never served with the civil complaint and has never filed an Answer to the Complaint even though Davis has publicly acknowledged he is aware it was filed. Pat Davis has never admitted or denied the accuracy of what Moses M. Bell alleges as to what happened on August 31, 2004.

Following are the transcribed numbered paragraphs as they appear with all spelling and grammar mistakes :

“17. On Tuesday, August 31, 2004, at appro. 4:10 pm at 301 37th St. in S.E. Washington, DC

18. While at Greenway Shopping Center, After shopping, I ran into friend (hereinafter, passenger), (police records will reflect his identity)

19. Passenger asked me to give him a ride up the street so he could pick up some money from his girlfriend, and I did so,

20. In the process of giving passenger a ride, all was okay. And I reached his destination (37th place) and pulled over to let passenger out of my car (a 1986 Nissan).

21. Shortly afterwards defendant came up on the drivers side, I didn’t see him approaching . but I felt someone reaching into the car and reach over my lap.

22. I than jumped, and defendant Davis back-up and no reason at all fired shots into my vehicle, striking me twice in the left shoulder.

23. In fear of my life now, thinking the defendant was trying to kill me, for no reason at all. I pulled off and drove around the block to Ely Place (3720 Ely Place, SE), to get away from this defendant.

24. I parked my car, while in great pain and bleeding profusely, I got out of my car and walked up the hill, observed two people walking (names unknown) and asked them for help.

25. They refused to help me (probably because of the blood coming from me) I than sat under the stairs by the hall near 3720 Ely Place

26. I than used my cell phone (which was later confiscated) by police to call my cousin (Alfonso Jennings) to come help me, because I was afraid and I told him the police just shot me and I asked him to hurry up and come to me because were now probably looking for me, and I was afraid that they would find me and kill me (reference is being made to defendant P. Davis). So I wanted my cousin to get to me first.

27. And the reason is unknown why defendant P. Davis fired shots into my car striking me. So I could only think the worse, which was that for some unknown reason, he would find me and kill me.

28. By the time my cousin got there to me. I was apprehended by the police. And while being strapped to a carrying wheelchair and being taken to the ambulance, I spotted my cousin behind the news cameras. I was then transported to Howard University Hospital.

29. While at Howard Univ., the doctor (name unknown), said I had an in an out flesh wound, and a bullet was broken up into fragments. (While at Howard Univ., I was never told bullets were still lodged in my arm – please remember)

30. Several hours later, I was released by the doctors, to the care of the police, who took me to Sixth District Police Station, while enroute to said precinct, the transporting officers were making lud, offensive and threatening remarks, (e.g. it was not use who shot you, because if it was us you would be dead). And their tactics and behavior is well known to be [WRTING IS ILLEGIBLE]. And while being transported the officers, the same (name unknown) caused the car to jerk a lot and such movement, which was intentionally not unnecessarily done, reopen my gunshot wound (done by defendant P. Davis) causing it to bleed again.

31. When I reached the South District Police Precinct , I was bleeding profusely, while being processed and standing at the desk. And a different officer said I had to go back to the hospital because I was bleeding heavily.

32. I was than transported to Greater South East Hospital, where my arm was bandaged and I was given more medication, and once again released to the South District Police Officers, who did not transport me to South district police precinct, but transported me to Central Cell-Block, where I was taken to court, and than transported later to D.C. Jail.

33. During processing, it was determined that I was to be housed over at CTF/CCA (where I now at), because of mu gunshot injuries, which was caused by defendant Patrick Davis.

34. While receiving treatment for my arm, here at CTF/CCA, during my admission, an exray of my arm was taken, and I was shown the exray picture of my arm, which captured a bullet and some fragments, from the second bullet. (Which Howard Univ. neglected to treat, detect or inform me of.)

35. Said fragments and bullet still remains in my left shoulder. ….”

A “Prayer for Relief” follows the Statement of Facts with paragraphs number 36 to 41.

On October 27, 2005, Moses M. Bell filed a document informing the court:

“to my knowledge … Patrick Davis know longer works with the 6th District Police Department and I don’t have his address or anywhere about of this officer, all I have is his previous work address which is the 6th District address. “

MOTION TO DISMISS CIVIL COMPLAINT

On December 7, 2005, Defendants the District of Columbia and David Tucker, filed a Motion to Dismiss Plaintiff Moses Bell’s Complaint. The grounds for the Motion was “Failure State Claims of Relief”. The reasons given supporting the motion was that Moses Bell’s claims lacked merit, his injuries were not directly related to an established municipal policy nor custom as required by law and that Police Officer David Tucker did not shoot Moses Bell.

MEMORANDUM OPINION GRANTING DEFENSE MOTION TO DISMISS

On July 10, 2006 United States District Judge James Robertson filed his Memorandum Opinion and an Order of Dismissal of Claims in Civil Action No. 05-13 72 (JR) captioned Moses Bell, Plaintiff v. City of Washington, D.C.., et al. The Court specifically dismissed Bell’s Civil Complaint against the city and police officer David Tucker.

Judge Robertson noted that “Defendant Davis has been dismissed without prejudice because Mr. Bell has failed to provide an address for purpose of service of process.”

The Court adopted the following findings of fact as Background:

“In the afternoon of August 31, 2004, Mr. Bell was at the Greenway Shopping Center, 301 37th Street, S.E., Washington, D.C. when he saw a friend. … He agreed to give his friend a ride to his girlfriend’s residence. … As he was dropping his friend off, Officer Davis approached Mr. Bell’s vehicle on the driver’s side and began shooting at Mr. Bell, striking him twice on the left shoulder. … Fearing for his life, Mr. Bell fled, eventually parking his car, and calling his cousin to pick him up. … Before his cousin could arrive, Mr. Bell was apprehended by the police and transported by ambulance to Howard University Hospital. …

After receiving medical treatment, Mr. Bell was transported by the police, including officer Davis, to the Sixth District station. … En route to the station, the driver, Officer Davis, caused the car to move erratically, which resulted in the reopening of Mr. Bell’s wound. … The police transported Mr. Bell to Greater Southeast Hospital for further treatment and medication. … He was eventually placed into custody at the District of Columbia Central Detention Facility. …”

ONE DEMAND AND LACK OF DEMANDS FOR PAT DAVIS TO RESIGN

Fast forward in time to June 25, 2020 and Pat Davis is President of the Albuquerque City Council elected by the 9-member City Council after winning a second 4-year term as an Albuquerque City Councilor.

On June 25, 2020, ProgressNow New Mexico called for the resignation of City Council President Pat Davis from the City Council, the Bernalillo County Criminal Justice Coordinating Council as well as the Judicial Selection Commission.

What is very disappointing is that The Black Lives Matter movement, no other progressive organization other than ProgresNow, and no stake holder involved with the federal Court Approved Settlement Agreement mandating sweeping APD reforms for use of force and deadly for by APD, have made any demands of Pat Davis to resign. The news media apparently has not sought out their positions on the matter. Albuquerque Mayor Tim Keller and virtually the entire 9-member Albuquerque City Council have remained silent refusing to even comment when normally the most dangerous place to be is between them and a TV News camera.

City Council President Pat Davis issued a Statement to KOB Channel 4 in response to the calls of ProgressNow demanding his resignation. Following are the relevant portions to the statement given to KOB Channel 4 news followed by a link to the full statement:

“In two elections, voters have sent me to City Hall because I talked authentically and honestly about the problematic training and culture of policing that I was introduced to. I left that job to fix it, and no one will disagree that I’ve been effective implementing changes to do that. …

My evolution, from an officer trained to fight the war on drugs and criminalize communities of poverty and color, into a policy leader … is exactly the type of culture change we want to see in policing across the country, and especially here in Albuquerque.

It is unfortunate that a blogger’s misrepresentation of the facts is gaining attention and being shared, when court records and subsequent legitimate news stories that can be easily factchecked outline a different pattern of facts and conclusion. …

… At a time when we are at the precipice of long overdue changes in policing and racial justice, I regret that we are being distracted by relitigating my past which is not only well documented, but is core to my personal story and the reasons why I have dedicated my life to positive social change.”

— Pat Davis

The link to the full statement is here:

https://www.kob.com/kobtvimages/repository/cs/files/DAVIS%20policing.pdf

COMMENTARY AND ANALYSIS

What is so damn nauseating is when Pat Davis says “It is unfortunate that a blogger’s misrepresentation of the facts is gaining attention and being shared, when court records and subsequent legitimate news stories that can be easily fact checked outline a different pattern of facts and conclusion.” Until now, the only version of the shooting of Moses M. Bell given to the news media is that made by Pat Davis.

This blog article, and quoting Pat Davis, directly quotes “court records … that can be easily factchecked that outline a different pattern of facts and conclusion”. However, those facts and conclusions are totally different to what Pat Davis wants the media and people to know regarding his August 31, 2004 shooting of African American Moses M. Bell when Davis was a Washington, D.C. Police Officer.

One thing is clear: after reading the documents, the shooting of Moses M. Bell by Pat Davis was a “Black Lives Matter” event that Pat Davis has never fully disclosed the detail of and what happened to Mr. Bell after being shot by Davis. What is extremely troubling is the cruel brutality by Pat Davis against Moses M. Bell after he shot Bell and when a Federal Judge included in a court order:

“Mr. Bell was transported by the police, including officer Davis, to the South District station. … En route to the station, the driver, Officer Davis, caused the car to move erratically, which resulted in the reopening of Mr. Bell’s wound. … The police transported Mr. Bell to Greater Southeast Hospital for further treatment and medication.”

COMPARING WORDS TO ACTIONS

Pat Davis issued a statement to the media in June, 2020 after ProgressNow demanded his resignation from the City Council and said:

“The defendant’s civil suit for violations against the police department and officers involved was dismissed by the court. Court records make clear that I was never even served notice of the lawsuit.”

In other words, Pat Davis admitted he knew Moses M. Bell had filed civil lawsuit over his shooting of Bell, but Davis was never served with the civil complaint as he left Washington, D.C. and the complaint was dismissed on a technicality. Most disturbing, it has never been reported if Pat Davis was ever disciplined for his conduct as a D.C. Police Officer for shooting Moses M. Bell and if the shooting was the real reasons he left or if he was asked to leave the D.C. Police Force. Davis has never been held accountable for his excessive use of force and deadly force against Moses M. Bell. Davis has never been held accountable for the brutality he inflicted on Bell after he was arrested and drove a vehicle erratically causing Moses Bell’s gunshot wounds to reopen.

DAVIS CONTINUED WITH PATTERN OF CONDUCT WHEN HE CAME TO NEW MEXICO

Pat Davis in his June, 2020 statement to the media said:

“I talked authentically and honestly about the problematic training and culture of policing that I was introduced to. I left that job to fix it …”

It’s true Pat Davis left his job as a Washington, D.C. Police Officer and that he came to New Mexico. It is not true he left his job as a cop in Washing D.C. to fix the “training and culture of policing that [he was] was introduced to.” The truth is once Pat Davis arrived to New Mexico, his first job was as a UNM Campus Police Officer. Davis was employed as a Lieutenant and he trained UNM Campus Police.

As a UNM Campus Police Officer, Davis engaged in a nefarious pattern of civil rights violations. There are at least two civil lawsuits filed in New Mexico involving 5 people who sued Davis for false arrest and imprisonment, negligence and civil rights violations. The two cases are civil actions filed in 2007 and 2008, one in federal court and the other in state district court.

In one case, Davis, along with 20 other police officers, stormed a home to execute a “sealed search warrant”, broke into the home and caused $20,000 in property damaged searching the home where they found nothing. In the other case, UNM Police Officer Pat Davis along with two other UNM Police officers essentially coerced two women to allow searches of their homes, located in Corrales, for marijuana and illicit drugs without court approved search warrants. One woman, who worked for UNM, asked Davis to produce a search warrant and she was told she would be “ratted out” to UNM officials if she did not cooperate. Review of the cases can be found at this link:

https://www.petedinelli.com/2020/06/22/city-councilor-pat-davis-needs-to-step-down-to-atone-for-his-own-black-lives-matter-moment-and-violations-of-peoples-civil-rights-as-a-police-officer/

UNM has never disclosed the reasons why Pat Davis left UNM and ostensibly no one in the media has asked UNM. What is known is that Davis went to work for then District Attorney Kari Brandenburg to be the Bernalillo County District Attorney spokesperson.

Although no other organizations have asked Davis to step down, no progressive organization has come to his defense nor has any other elected official come to his defense. Not a single City Councilor has gone to the defense of Pat Davis nor has Mayor Tim Keller. The fact that Mayor Tim Keller’s and Councilor Pat Davis’ paid political campaign consultant Alan Packman now works for the City’s 911 call center may explain why Mayor Keller has been silent on Pat Davis resigning from the council.

PAT DAVIS THE NEWLY MINTED APD REFORMER

You can only get nauseous when Davis proclaims in his statement “no one will disagree that I’ve been effective implementing changes” in reference to the Albuquerque Police Department. On November 27, 2014, the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA) mandating 276 reforms for APD. Pat Davis was first elected to the City Council in October, 2015.

For the last 6 years, APD has been struggling to implement all 276 police reforms. Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Pat Davis remained silent and was absolutely nowhere to be found. Throughout his years on the City Council, Davis has never said anything remotely critical of APD until the June, 2020 protest involving the Onate statue. He declined to demand accountability from the prior Republican Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Davis failed to attend any one of the federal court hearings on the consent decree.

Only since the May 25, 2020 killing of African American George Floyd, 46, by a Minneapolis police officer who knelt on Floyd’s neck to subdue him, has Davis decided to get involved with APD police reform revealing what an opportunistic politician he truly is and demanding hearings on APD. Now that APD is once again embroiled in controversy with the handing of the recent protests, Davis steps in and advocates changes and reforms to APD’s structure and management and is calling for City Council hearings he intends to preside over as City Council President no doubt to garner the publicity as a police reformer and to condemn APD for the very type of conduct he himself has never been held accountable for during his years as a police officer.

PAT DAVIS SHOULD ASK FOR RELEASE OF INTERNAL AFFAIRS INVESTIGATION ON HIS SHOOTING OF MOSES M. BELL

When Davis says “In two elections, voters have sent me to City Hall because I talked authentically and honestly” the message he is conveying is he has been vetted and forgiven for past mistakes by the voters because he won the two elections. Davis is seriously mistaken and is a fool if he thinks that way, and so are his political allies on the City Council and in Mayor Tim Keller’s office. Many people of nefarious reputation have been elected to positions of authority, even a President of the United States. Election vetting and even a pardon does not absolve any one from serious misconduct,especially conduct they hide and they have never been held accountable for it.

In order for Pat Davis to “talk authentically and honestly” about his shooting of Moses M. Bell, City Councilor Pat Davis needs to execute a release and waiver asking that his Internal Affairs Investigation of his use of deadly force be released and if there was any finding that the use of deadly force was justified. Further, Pat Davis can and should seek the United States Attorney’s Office to release any recommendations it made to a grand jury to charge Pat Davis for the shooting of Moses M. Bell and confirm if Davis was sent a target letter notifying him he was the subject of a grand jury investigation.

FINAL COMMENTARY

Fake news is “no news reporting” and it is happening in Albuquerque when it comes to Pat Davis past conduct as a police officer. Davis’ past conduct is extremely important given what is happening nationally with the Black Live Matter movement and with APD still under a federal court consent decree entered into after a finding of a culture of agression within APD and the excessive use of force and deadly force by APD. It is a reflection of pure laziness by the local news media who seem to have the need to be spoon fed news and who fail to do due diligence in their reporting. The local news media’s refusal to investigate City Council President Pat Davis on their own and ask him the hard questions about what he did to Moses M. Bell amounts to dereliction of duty owed to their viewers and readers.

Pat Davis says in his statement:

“I regret that we are being distracted by relitigating my past which is not only well documented, but is core to my personal story and the reasons why I have dedicated my life to positive social change.”

Davis says he regrets being distracted, but does not apologize for what he did to Mosses M. Bell nor all the others he has brutalized. What is really regrettable and at the core to the personal story of Pat Davis is his shameful refusal to accept and to dodge responsibility and be held accountable for his past conduct and his pattern of violating people’s civil rights as a police officer.

Given what is known about City Councilor Pat Davis, his actions as a police officer, his litigation history, his credibility is in serious doubt as are his political motives. The real Pat Davis, and his lack of respect for constitutional rights are revealed by his pattern of conduct he engaged in for years, first as a D. C. Police Officer and then as a UNM Police Officer where he was sued for his conduct and cases settled. Pat Davis has no business making decisions regarding police reforms, law enforcement policy let alone be involved in the process deciding how APD should be reformed under the Federal Court consent decree.

Pat Davis has refused to step down as City Council President and is refusing to resign as a city councillor. The City Council needs to replace him, otherwise they look like fools they are in the eyes of the general public if they do not act. They are protecting one of their own. At a bare minimum, Pat Davis or any other City Councilor who voted for him to make him President need to ask for another vote and get on record if he should continue to serve as President now that the truth has come out on his actions as a police officer.

The very last thing that this city and its police department needs is for Pat Davis to serve in any positions of trust, especially as City Council President, as someone who has said in the past that he has “made arrests and instigated some encounters I wouldn’t be proud of today” and who has engaged in “brutalization … of those who [he was] supposed to protect and serve.”

____________________________

LINKS TO RELATED BLOG ARTICLES:

City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer

ProgressNow New Mexico Statement on Councilor Davis’ Shooting of a Black Man and Pattern of Upholding Racist Institutions; Calls For His Multiple Resignations

Pat Davis Shooting A Black Man As DC Cop Only Part Of Story; Davis Engaged In Pattern Of Civil Rights Violations As A UNM Cop Costing Taxpayers Thousands

The “Spin Doctor Pat Davis” Is Not “Authentic And Honest” As He Proclaims; City Councilors Protecting One Of Their Own Looking The Other Way; Take Another Vote To Decide If Davis Should Remain As President

New Mexico’s Disgraceful Legacy Of Being Dead Last In Child Well Being Continues, Despite Gov. MLG’s Pledge To End Child Poverty Within One Year; New Child Well Being Agency Major Step To End The Disgrace

The Kids Count Data Book is published annually by the Annie E. Casey Foundation, a nonprofit that tracks the status of children in the United States. The evaluation examines the percentage of children in poverty, the share of fourth graders proficient in reading and a variety of other factors such as economic well-being and health care.

The 2018 and 2019 Kid’s Count Data Reports revealed just how bad things became for New Mexico’s children under the previous Republican Governor “She Who Must Not Be Named”. The trend is continuing under the leadership of Governor Michelle Lujan Grisham, despite her June 16, 2019 promise to end child hunger within a year.

Notwithstanding New Mexico’s dead last ranking in child wellbeing, a huge step forward was made by Governor Lujan Grisham in dealing with early childhood development. On July 1, the state launched its new Early Childhood Education and Care Department. The new department is charged with preparing kids for school, promoting healthy families and developing a labor force to carry out the agency’s work.

2020 KIDS COUNT DATA BOOK RELEASED

The 2020 Kids Count Data Book from the Annie E. Casey Foundation ranks New Mexico in last place for a third year in a row. New Mexico was also ranked 50th in 2019, 2018 and before that ranked 50th in 2013.

The Kids Count Data Book rankings are based on 16 indicators under four major domains:

1. Economic well-being
2. Education
3. Health and
4. Family and community.

Much of the “new data” in the 2020 Kids Count Data Book is from 2018, which is the most recent data available. The data book provides comparisons with the 2018 data and the 2017 data book. What the data does not reflect are how the pandemic and economic slowdown have affected the data.

James Jimenez, executive director of New Mexico Voices for Children, which runs the state Kids Count program had this to say:

“[The data reflects] 10 years of stingy state budgets under previous administrations that starved our schools, courts, health care and other services. … We were able to undo some of that damage during the 2019 and 2020 legislative sessions, but how lawmakers respond to the current recession will determine whether those gains are sustained.”

Amber Wallin, the Deputy Director of New Mexico Voices for Children stated that the good news is that the state is beginning to see improvements in a number of the major areas as a result of major investment that have a direct impact on children. Those areas include early childhood education and child care programs.

WHAT THE 2020 REPORT DATA REVEALED

The Kids Count Data Book reports on children ages 18 and younger. According to 2018 census data, there are 540,084 children in New Mexico. Over a majority of the improvements reported are slight compared with the previous year. It is the overall improvement over the past 10 years that is more dramatic.

According to Deputy Director of NM Voices for Children, the indicator of children living in poverty showed an improvement of just 1% point, from 27% in 2017 to 26% in 2018. The national average is 18%. The 26% of children living in poverty results in New Mexico being the second-worst in the nation, with 124,000 kids living in poverty. This is far better than the 154,000 kids who lived in poverty in 2010.

Other major data highlights in 2020 Kids Count Data Book worth noting include:

The percentage of fourth graders not proficient at their reading level worsened from 75% to 76%, well above the national average of 66%.

The percentage of eighth graders not proficient in math improved from 80% to 79%, still worse than the national average of 67%.

The rate of high school students not graduating on time improved from 29% in 2017 to 27% in 2018 but remains worse than the national average of 15%.

Children living in single-parent families dropped from 45% to 41%, higher than the national average of 35%.

Children living in high poverty areas dropped from 24% to 21%, still more than twice the national average of 10%.

The death rate from all causes among children and teens age 18 and younger increased from 32 per 100,000 deaths to 34 per 100,000, higher than the national average of 25.

The teen birthrate fell from 28 per 1,000 births to 25 per 1,000 births, higher than the national average of 17 births per 1,000.

Replacing the indicator for teens who abuse drugs or alcohol is a new indicator: teens who are overweight or obese, which increased from 30% in 2017 to 32% in 2018, slightly more than the national average of 30%.

https://www.abqjournal.com/1468836/nm-again-ranks-last-in-child-wellbeing.html?utm_medium=Social&utm_source=Facebook&fbclid=IwAR1d1Yze1jEttTcEZJIb9mdwo-ATrROZfS7FFGKRHLrF1yyHpr6r5L9tW5w#Echobox=1592918963

WHAT THE 2019 REPORT DATA REVEALED

On June 17, 2019, the 30th edition of the Kids Count report was released. For the third time in seven years, New Mexico came in dead last out of 50 states for child well-being. The state was ranked 50th in 2016, again in 2017 and now in 2018 continuing in to 2019 and again now again in 2020.

According to the 2019 study, Louisiana was ranked 49th this year, bumping Mississippi up to 48th. Not at all surprising, it is New Mexico’s widespread poverty and lagging education among Native American and rural Hispanics that brings down the state’s overall rankings.

2019 ECONOMIC WELL BEING

Under the rating category for economic well-being indicators, the 2019 statistics break down as follows:

27% of New Mexico children are living in poverty which was a 3% improvement from last year.

28% of New Mexico children live in homes where an unusually large portion of family income goes toward housing costs, a 4% percentage point improvement.

36% of New Mexico children live in homes where parents lack secure employment which is virtually the same from last year.

10% of teens are neither working nor attending school, up 1% point from the previous year.

2019 EDUCATION INDICATORS

Under education indicators, not much has changed from the 2018 report. The following statistics were reported for 2019:

56% of young children are not in school, a 1% point improvement.

75% of fourth graders are not proficient in reading, unchanged from the previous year.

80% of eighth graders are not proficient in math, unchanged from the previous year.

29% of high school students do not graduate on time, unchanged from the previous year.

HEALTH INDICATORS:

Under health indicators, the following statistics were reported for 2019:

9.5% of babies are born with low birth weight, a half percentage point worse than last year.

5% of children have no health insurance, unchanged from the previous year.

There are 32 child and teen deaths per 100,000 which is a 1 percentage point improvement.

6% of teens report abusing drugs or alcohol, a 1 percentage point improvement.

FAMILY AND COMMUNITY INDICATORS

Under Family and Community Indicators the following statistics were reported for 2019:

45% of children live in single-parent families, a 3% increase from last year.

16% of children live in families where the head of household lacks a high school diploma, a 2% increase from last year.

24% of children live in homes in high poverty areas of the state, 2% worse than last year.

28 babies are born to teens per 1,000 births, a 2% point improvement over last year.

OVER A YEAR AGO GOVERNOR MICHELLE LUJAN GRISHAM PROMISES TO END CHILD HUNGER

On Wednesday, June 26, 2019, Governor Michelle Lujan Grisham gave the keynote address at the annual “Kids Count Conference” organized by the nonprofit New Mexico Voices for Children and spoke to 500 people gathered for the conference.

During her key note address, Governor Lujan Grisham promised to end child hunger within one year by saying:

“We will look poverty in the face … It is an evil in our state, and it must be dealt a death blow. … Maybe that’s too high of a goal, I don’t care. … New Mexico needs to institute universal food security services and programs in this state and every single philanthropic partner has to be dedicated to making sure no child in this state will ever go hungry again, and I don’t care if it’s a universal snap program. … [It’s going to take] a “wrap around approach” [to fix problems created by the previous administration]. [The national Kids Count ranking] are not indicative, however, of who we are, and they are not indicative of what we are capable of. I unequivocally reject the notion that this is the way it will be because this is the way it has been. … Being 50th in anything is unacceptable … but when our children are at risk, it makes me sick in the pit of my stomach.”

Governor Lujan Grisham said at the time she hoped to organize efforts by philanthropic groups and public agencies to get groceries to hungry New Mexicans, especially children and told the conference:

“Every single person can do something.”

During her keynote speech, Governor Lujan Grisham announced that the state’s Children Youth and Families Department (CYFD) receives about 900 referrals a month in Albuquerque alone. According to the Governor, the referrals usually detail allegations of child abuse and neglect. The governor said the state only has enough people to investigate 200 of those case.

For news media coverage see the below links:

https://www.abqjournal.com/1333618/governor-poverty-an-evil-in-our-state.html

https://www.kob.com/new-mexico-news/gov-lujan-grisham-aims-to-end-child-hunger-in-nm-within-a-year/5404065/

https://www.petedinelli.com/2019/07/01/nms-disgraceful-legacy-of-child-hunger-illiteracy-and-well-being-gov-michelle-lujan-grishams-goal-to-ending-child-hunger-within-one-year/

https://www.petedinelli.com/?s=child+wellbeing&submit=Search

NEW EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT

On Wednesday, July 1, the Governor Lujan Grisham administration launched its new Early Childhood Education and Care Department (ECECD). The new department is charged with preparing children for school, promoting healthy families and developing a labor force to carry out the agency’s work. Creation of the new department was a major priority of Governor Lujan Grisham during the 2019 legislative session where it won approval. The agency formally began operation on July 1, the start of the 2021 fiscal year. About 270 employees from other departments were transferred into the new one. The sponsors of the legislation were Democratic Senator Michael Padilla of Albuquerque and Representative Linda Trujillo of Santa Fe.

New Mexico is 1 of just 4 states with a stand-alone department dedicated to services targeting children through age 5. The initial operating budget for the new department is $419 million for the 2020-2021 fiscal year. The new department is tasked with overseeing the state’s growing investment in prekindergarten, home visiting programs for new parents, childcare and similar services that previously were scattered across several departments. One of the key goals is to better coordinate the state’s network of early childhood services by housing them in one department rather than having them overseen separately by other departments.

Elizabeth Groginsky has been appointed by Governor Michelle Lujan Grisham as the new Cabinet Secretary for the ECECD. She has been an education executive and researcher for a number of years who has worked in Colorado and Washington, D.C. before coming to New Mexico. Groginsky was hired last year by Lujan-Grisham last year to prepare for the transition. Also appointed as Deputy Secretary is Jennifer Duran-Sallee, former director of the Early Childhood Center of Excellence at Santa Fe Community College.

Groginsky told the Albquerque Journal that the state is not getting the results it wants out of some of its early childhood programs. The new agency offers a good opportunity to design new programs and even revise old ones to ensure the state gets the kind of return on investment that research shows high-quality programs can generate. According to Groginsky:
“Whenever you’re starting a new department you want to make sure it’s really going to make a difference.”

WHERE TO BEGIN

According to analysts for the Legislative Finance Committee (LFC) New Mexico, along with being is one of the poorest states in the nation, has one of the nation’s highest rates of maltreatment of kids through age 5 a critical period of brain development. Analysts for the LFC said in a 2019 report that New Mexico is getting mixed results in its early childhood initiatives. The LFC analyst said prekindergarten programs have been successful at improving academic outcomes that last through 11th grade, but the LFC analysts questioned the effectiveness of other programs and warned about a lack of coordination.

Early childhood educators and advocates are saying the immediate priority for the new department is developing the workforce. Child care employees and teachers work with children at a critical point in their brain development but aren’t paid as well as they should be. Lori Martinez, a social worker and executive director of Ngage New Mexico, an education group based in Doña Ana County put is this way:

“Our child care workers are some of the most underpaid workers, and yet in this crisis, they’re some of the people we’ve relied on the most.”

Hope Morales, New Mexico executive director of Teach Plus and a former teacher in Roswell, said the state has worked to expand the availability of early childhood programs but should now focus on improving their quality and said:

“Having access to an effective teacher should be non-negotiable.”

Some leaders in the early childhood field already are crediting the department’s leadership for effective communication in recent months. Crystal Tapia, owner of Noah’s Ark Children’s Academy in Albuquerque and an early childhood consulting company had this to say:

“We’ve never had that open line of communication with any other Cabinet secretary. ”

https://www.abqjournal.com/1471870/new-early-childhood-agency-begins-work.html

ANALYSIS AND COMMENTARY

The creation of the new Early Childhood Education and Care Department is long overdue, but is has tremendous potential in investing in New Mexico’s future that promises the biggest returns: our children. The new department will focus state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

The rankings and financial numbers relating to New Mexico’s children are depressing and staggering with some downright disgraceful and are again worth highlighting:

New Mexico ranks 50th for at risk of childhood in hunger and “food insecurity.”

New Mexico is dead last among states when it comes to the economic, educational and medical well-being of children.

Children living in high poverty areas is 21%, more than twice the national average of 10%.

26% of New Mexico kids live in poverty while the national average is 18%

The percentage of fourth graders not proficient at their reading level 76% well above the national average of 66%.

The percentage of eighth graders not proficient in math 79% and the national average of 67%.

The rate of high school students not graduating on time is 27% and is the worse than the national average of 15%.

There is a direct correlation between a family’s overall income and child well being. When employment rates go up, child well being also goes up. In the 2019 dramatic 16% increase in the education budget, the creation of the Department of Early Childhood, the $36.5 million increase for the understaffed Children, Youth and Families Department which includes funding for 102 new social workers for the agency’s child’s Protective Services Division, and the decline in New Mexico’s unemployment rate, reflected that tremendous progress was being made towards improving the future of New Mexico’s Children. Now that progress may be in serious jeopardy because of the pandemic, our failing economy and the billions lost in revenue from the bust of the state’s oil boom.

CONCLUSION

Things have change dramatically with the coronavirus pandemic and the loss of billions in revenues from New Mexico Oil and gas industry. What has not change and what still remains a major crisis in New Mexico is the state’s child well being and our poverty.

No doubt many will say Governor Michelle Lujan Grisham’s promise to end child hunger within one year was not at all realistic. At least Governor Michelle Lujan Grisham made real commitments and are now being kept with the creation of Early Childhood Education and Care Department. The is a far cry from what former Republican Governor “She Whose Name Must Not Be Mentioned” whose favorite photo op for 8 years was reading to children their children’s books no doubt not disclosing those very children could not read because of the way she decimated our educational system.

Governor Lujan Grisham no doubt realizes voters will hold her to her promises to children well-being , but even if it takes her entire 4 years in office to end child hunger and improve New Mexico’s rankings in child well being, so be it and her legacy will last generations.

It will take time before New Mexico’s public education system will get better and our child wellbeing ranking made any better. For that reason, the debate over using a small portion of the state’s $17 billion Land Grant Permanent fund for early childhood education, care and intervention needs to continue. Governor Michelle Lujan Grisham should continue her efforts to give major attention to use of the State’s Land Grant and Permanent Fund to finally solve many of our early childhood education, care and intervention problems. However, it will also take a real commitment by the New Mexico Legislature to realize the crisis is real and now is the time to act.

Our kids’ lives, health, education and future depend on it.

Five New Terms That Need To Be Included In Renewal Of APD Police Union Contract

“The New Mexico Criminal Defense Lawyers Association (NMCDLA) provides support, education and training for attorneys who represent persons accused of crime. NMCDLA also advocates fair and effective criminal justice in the courts, the legislature and in the community.”

https://www.linkedin.com/company/new-mexico-criminal-defense-lawyers-association?trk=public_profile_topcard_current_company

Paul Haidle is the Executive Director of NMCDL. On Wednesday, June 24, the Albuquerque Journal published the following guest editorial comment:

HEADLINE: ABQ DUE BALANCE DEAL WITH [APD POLICE] UNION

BY PAUL HAIDLE / EXECUTIVE DIRECTOR, N.M. CRIMINAL DEFENSE LAWYERS ASSOCIATION; MEMBER, APD FORWARD COALITION
Wednesday, June 24th, 2020 at 12:02am

“The recent killings of George Floyd, Breonna Taylor and Ahmaud Arbery have once again catapulted the issues of systemic racism and police violence to the forefront of the national conversation and galvanized a large cross-section of America to demand long overdue changes to our systems of policing. Unfortunately, not enough attention is being paid to one of the primary obstacles to police accountability: police unions.

Public service unions like those that represent firefighters, teachers and police provide public servants with the critical ability to collectively negotiate fair wages, better benefits and safe working conditions. But police unions are unique in that they also negotiate some of the terms under which their members use state-sanctioned violence against people in their communities. Over the course of decades, police unions have used their political and cultural power to make it exceedingly difficult to hold individual officers accountable when they brutalize or kill someone. One of law enforcement’s favorite claims is that racist and violent officers in their employ represent only a “few bad apples.” If that is true, it is also true that police unions have intentionally made it nearly impossible to meaningfully discipline or remove “bad apples” from the barrel.

This summer we have an opportunity here in Albuquerque to restore a proper balance between fairness to officers and officer accountability as the city renegotiates its collective bargaining agreement (CBA) with the Albuquerque Police Officers Association (APOA). Some provisions cannot be changed because they track language in state law. But APD Forward is calling on Mayor Tim Keller to renegotiate these provisions:

1. REMOVE THE 90-DAY LIMIT ON INVESTIGATIONS OF POLICE OFFICERS.

The current CBA requires any administrative investigation of an officer accused of misconduct to be completed within 90 days, subject to a possible extension of up to 30 days if approved by the chief of police. Both the Civilian Police Oversight Agency and the independent monitor overseeing APD’s reform agreement with the U.S. Department of Justice have singled out this provision as a significant obstacle to officer accountability, resulting in many complaints expiring because the clock runs out on their investigations. The mayor should insist on a limit of no fewer than 180 days for administrative investigations, in line with the standard for most other police departments nationally.

2. RELEASE INFORMATION ABOUT OFFICER MISCONDUCT TO POLICE OVERSIGHT BOARD.

Section 20.1.10 severely restricts the information the director of the Civilian Police Oversight Agency may share about investigations into officer misconduct with the Police Oversight Board (POB), even though the board is responsible for approving the findings of the director and any disciplinary recommendations to be made to the chief of police. The current CBA even prohibits the POB from knowing the identity of the officer, preventing it from identifying officers who are repeat offenders. Mayor Keller should strike this limitation from the agreement.

3. DON’T GIVE OFFICERS UNFAIR ACCESS TO INFORMATION.

Though the POB is precluded from knowing the names of officers under investigation, ironically, the CBA extends no such courtesies to people who file complaints. Section 20.1.3 requires the identity of the person or officer making the charge be shared with the officer under investigation, if it is known. People who file complaints against officers therefore must weigh the risks of possible retaliation before reporting misconduct. The mayor should strike this requirement.

The collective bargaining agreement between the city and APOA expires at the end of this month, but the union may push to delay negotiations until late in the year when the fervor over police violence may die down and its leverage improves. The people of Albuquerque need to seize this moment and urge the mayor to renegotiate the CBA now. We deserve an agreement that treats police like all other public employees and restores proper balance between fair working conditions and officer accountability.”

https://www.abqjournal.com/category/guest-columns

TWO OTHER TERMS THAT NEED TO BE NEGOTIATED

In addition to the 3 terms proposed by the New Mexico Criminal Defense Lawyer’s Association, there are two more terms that need to be negotiated by the City with the APD Union Contract. Those terms are:

4. Sergeants and Lieutenants need to be made at will employees and removed from the police union bargaining unit.

Removing Sergeants and Lieutenants from the Union is necessary in order to get a real buy in to management’s goals of police reform and the Federal Court Approved Settlement Agreement (CASA) reforms. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms.

On April 10, 2014, the Civil Rights Division of the United States Department of Justice (DOJ) issued its report of an 18-month civil rights investigation of the Albuquerque Police Department (APD). The DOJ reviewed excessive use of force and deadly force cases and found APD had engaged in a “pattern and practice” of unconstitutional “use of force” and “deadly force” and found a “culture of aggression” within APD. The result was that on November 13, 2014 Albuquerque and APD entered into a federal court-approved settlement agreement mandating 276 reforms.

Six years ago, the APD Union was not a named party to the original civil rights complaint for excessive use of force and deadly force filed against the city by the Department of Justice (DOJ). Soon after the DOJ initiated the federal lawsuit against APD and the City, the APOA police union intervened to become a party to the federal lawsuit in order to advocate for union interests in city policy and changes to the “use of force” and “deadly force policies.”

The Police Union, despite public comments of cooperation and comments made to the court, have never fully supported the agreed to reforms. The Police Union contributed significantly to the delay in writing the new use of force and deadly force policies. The union leadership has always been at the negotiating table and for a full year were involved with the drafting of the “use of force” and “deadly use of force” policy.

The union contributed to the one-year delay in writing the policies objecting to many provisions of the policies. The police union repeatedly objected to the language of the use of force policy asserting the policy was unreasonable. This was evidenced by the monitors claim that submitted use of force policy was missing key components and the monitor saw 50-plus changes needing to be made to satisfy union objections.

The union leadership has attended and has sat at counsel table during all court hearings and the Federal Monitor presentations on his reports. During all the Court proceeding where the federal monitor has made his presentation to the federal court, the APOA union has made its opposition and objections known to the federal court regarding the use of force and deadly force policies as being too restrictive with rank and file claiming rank and file cannot do their jobs even with training on the policies.

POLICE UNION MEMBERSHIP AND COMPLAINTS

The federal monitor has reported repeatedly in no uncertain terms that there are problems with APD sergeants and lieutenants enforcing policies and to discipline officers who violate the policies under the CASA. The police union and its leadership have said in open court that the mandated reforms under the consent decree are interfering with rank and file officer’s ability to perform their job duties.

A mere 10 months ago during the August 20, 2019, a day long status conference, the APOA union President Shaun Willoughby made is clear that the attitude towards the CASA has not changed in the least. District Court Judge Browning asked APOA Union President Shawn Willoughby what he and the union rank and file felt about the CASA. Willoughby’s responses were a quick condemnation of the CASA when he said “we hate it”, “we’re frustrated”, the reforms and mandates are “a hard pill to swallow”, that “all change is hard”. According to Willoughby, police officers are afraid to do their jobs for fear of being investigated, fired or disciplined. In the same breath, Willoughby went on to brag about how his union, unlike other police unions in city’s with consent decrees, actually worked and cooperated with the city and the DOJ.

The police union has never articulated in open court and in clear terms exactly what it is about the reforms that are keeping rank and file from “doing their” jobs and “why they hate” the CASA as articulated by the union president. It’s likely the union feels what is interfering with police from doing their jobs is the mandatory use of lapel cameras, police can no longer shoot at fleeing cars, police can no longer use choke holds, police need to use less lethal force and not rely on the SWAT unit, police must use de-escalating tactics and be trained in crisis intervention, and management must hold police accountable for violation of standard operating procedures.

According to the Federal Monitors 10th report:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

All APD police sergeants and lieutenants are clearly part of police management and chain of command and should not be a part of the union. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. The police union refuses to acknowledge or agree to removal of the sergeants and lieutenants from the bargaining unit knowing it will eliminate the unions ability to influence them in management and it will reduce the size of the dues paying union membership.

5. Restructure APD 40 hour weekly pay system to salary pay system.

Police officers earning excessive overtime is nothing new. It has been going on for years and is very common knowledge. During the last 9 years, the Albuquerque Police Department has consistently gone over its overtime budget by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March, 2017 city internal audit of APD’s overtime spending found police officers taking advantage of a system that allows them to accumulate excessive overtime at the expense of other city departments. A city internal audit report released in March, 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget.

On May 29, APD Chief Michael Geier issued a special order capping the amount of regular time and over time that officers can work to 65 hours a week. For an officer that works a regular 40-hour shift, that means a maximum of 25 hours of overtime a week. Chief Michael Geier’s change in the overtime policy is a good first step, but it does not go far enough and will likely be abused, no doubt with the blessing of the APD chain of command. The new policy has a glaring loophole. The policy states “The Chief of Police or his designee can waive the weekly cap to meet department operational needs.” No doubt, as in the past there will be those who will take advantage of the loophole, A case in point would be Sargeant Simon Dolbick, the APD spokesman, who in 2019 was paid $166,484.67 because of overtime.

https://www.petedinelli.com/2020/06/10/excessive-overtime-abuse-will-continue-under-apds-new-overtime-policy/

Authorizing a 65-hour work week with the normal 40 hours work week and adding 25 hours of overtime does not make much sense if you want to avoid extreme fatigue and emotional burnout. It is likely given the amount of pay involved, more officers will want to work 65-hour work weeks, 40 at regular pay and 25 at time and a half.The 25-hour cap on overtime should be monthly, not weekly and an “on call” shift pool of officers should be created.

REAL SOLUTION TO STOPPING OVERTIME ABUSE

As a viable solution to paying millions in overtime and longevity bonuses the City should do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

A base pay salary system should be negotiated with the police union and be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a work load or assignments for the day, the salaried employee works it for the same salary with no overtime paid and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

Until real overtime pay and salary pay reform is implemented at APD, do not expect too much to change and expect the overtime abuse to continue at APD, especially by APD spokespersons such as Simon Dolbick and the other 150 sworn police in the list of the top 250 paid city hall employees.

https://www.petedinelli.com/2020/06/10/excessive-overtime-abuse-will-continue-under-apds-new-overtime-policy/

FINAL COMMENTS

The current police union contract expired on June 30. The City and the Union have now suspended their negotiations because of the corona virus pandemic and the uncertainty of the city’s revenues for the new fiscal year that begins July 1. It has been made known that union contract negotiations will again commence sometime in August.

Until a new union contract is negotiated and approved, the terms and conditions of the old contract will remain in effect. The Police Union no doubt wants to continue the terms of the expired contract in that the old terms were very lucrative when it comes to increase in pay and longevity pay. Until sergeants and lieutenants are removed from the union and made at will employees, do not expect the CASA reforms to be in 100% compliance allowing the dismissal of the case. Also, do not expect the union.

There is no real excuse to delay negotiations on the 5 major changes to the APD Union Contract as outlined in this blog article. Delay will only allow the Union to continue dictating to the city what should be done and continue its efforts to obstruct implementation of the police reforms under the CASA.

The “Spin Doctor Pat Davis” Is Not “Authentic And Honest” As He Proclaims; City Councilors Protecting One Of Their Own Looking The Other Way; Take Another Vote To Decide If Davis Should Remain As President

The news media has pick up the story on ProgressNow New Mexico calling for the resignation of City Council President Pat Davis from the City Council, the Bernalillo County Criminal Justice Coordinating Council as well as the Judicial Selection Commission and citing in part to the Dinelli June 22, blog article entitled “City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer”.

Albuquerque City Council President Pat Davis issued a Statement to KOB Channel 4 in response to the calls of ProgressNow demanding that he resign from the City Council. Davis makes it clear he has no intention of stepping down. Pat Davis issued the following statement to KOB Channel 4 news:

“In two elections, voters have sent me to City Hall because I talked authentically and honestly about the problematic training and culture of policing that I was introduced to. I left that job to fix it, and no one will disagree that I’ve been effective implementing changes to do that. My evolution, from an officer trained to fight the war on drugs and criminalize communities of poverty and color, into a policy leader who has decriminalized marijuana, passed sanctuary city legislation, and passed laws giving sweeping new civilian oversight powers over APD, is exactly the type of culture change we want to see in policing across the country, and especially here in Albuquerque.

It is unfortunate that a blogger’s misrepresentation of the facts is gaining attention and being shared, when court records and subsequent legitimate news stories that can be easily factchecked outline a different pattern of facts and conclusion. Among the discrepancies, the blogger claims a DC defendants case was dismissed, however Federal court records show that the defendant was indicted and pled guilty to firearms charges and was sentenced to 18 months in prison in a plea deal that I consented to.

After being released, the defendant violated terms of release and served additional time in prison. The defendant’s civil suit for violations against the police department and officers involved was dismissed by the court. Court records make clear that I was never even served notice of the lawsuit. At a time when we are at the precipice of long overdue changes in policing and racial justice, I regret that we are being distracted by relitigating my past which is not only well documented, but is core to my personal story and the reasons why I have dedicated my life to positive social change.”

— Pat Davis

The link to the statement is here:

https://www.kob.com/kobtvimages/repository/cs/files/DAVIS%20policing.pdf

STATE SENATOR JACOB CANDELARIA WEIGHS IN ON DAVIS

On Thursday, June 25, New Mexico State Senator Jacob Candelaria, who is an attorney, tweeted at jacobcandelaria@SenCandelaria:

“Pat Davis is part of the problem. He does not share our values. He should not be trusted with leadership in our community.”

COMMENTARY AND ANALYSIS

Pat Davis proudly proclaims in his statement “In two elections, voters have sent me to City Hall because I talked authentically and honestly about the problematic training and culture of policing that I was introduced to.” The truth is, Davis is everything but authentic and honest as he proclaims. It is doubtful his constituents would have voted for him had he in fact disclosed his conduct as a cop.

The only version the media has ever been given about the shooting by Davis as a DC Cop of African American Moses Bell is that from Spin Doctor Davis, until now after court documents were provided, reviewed and reported on. Following are the Finding of Fact by the Federal Judge in the criminal case filed against the person DC Officer Davis shot:

Det. McDonald testified that on August 31, 2004, at approximately 4: 10 pm, Officers Patrick Davis and David Tucker of the Metropolitan Police Department (“MPD”) were on routine patrol in the area of Minnesota Avenue and East Capitol Street, Northeast, Washington, D.C. Both officers were in full uniform and operating a marked MPD cruiser. While on patrol, the officers observed a red in color 1986 Nissan 300ZX bearing Maryland registration LPJ-588 occupied by two black males. The passenger in the vehicle was observed without his seat-belt on, and the vehicle also failed to use a turn signal while making a left turn onto the unit block of Ridge Road, Southeast. Officers Davis and Tucker followed the vehicle which turned onto 37th Street, Southeast. Officers observed the vehicle pull over in front of 301 37th Street, Southeast, and at that time, conducted a traffic stop on the vehicle.

Upon approaching the vehicle on foot, officers observed a black male subject exit the passenger side of the vehicle and remain on the sidewalk near the vehicle. Officer Davis approached the driver’s door of the vehicle and observed the driver with a semi-automatic pistol in his hand attempting to conceal the handgun in the middle of the console area of the vehicle. Officer Davis reached inside the vehicle and attempted to grab the handgun from the driver and a struggle ensued.

The driver of the vehicle then sped off at a high rate of speed with Officer Davis partially inside of the driver’s window struggling with the driver and being dragged by the vehicle. The driver said to Officer Davis, “Get off my shit.” Officer Davis, fearing for his life, fired his service weapon into the vehicle. Officer Davis was able to untangle himself from the driver, and he fell backwards onto the street. The vehicle then fled the scene south on 3 7th Street and made a left tum onto Ely Place, Southeast.

Officers Davis and Tucker radioed for assistance, and at 4:31 pm officers canvassing the area located the Nissan 300ZX, parked and unoccupied, in the rear parking lot of 3 710 Ely Place, Southeast. Further examination of the vehicle revealed apparent blood stains on the driver’s side door of the vehicle and a bloody Ruger 9mm semi-automatic pistol on the pavement just outside of the driver’s door.

Officers continued to canvass the area and at 4:39 pm located the defendant, later identified as Moses Bell, hiding under a stairwell in the rear of 405 Ridge Road, Southeast. The defendant was suffering from a gunshot wound to the left shoulder. Officer Davis responded to the 400 block of Ridge Road, Southeast, and positively identified the defendant as the person with whom he struggled over the gun, and who drove away, dragging Officer Davis along.”

COMMENTARY AND ANALYSIS

The Findings of Fact of the Federal Judge allows one to infer that Davis and his partner made a “pre-textual” stop of two African Americans for the minor traffic offenses of making a left turn without signaling and the passenger not wearing a seat belt. Only Davis knows for sure if the stop was racial profiling. The Courts finding also reflect it was Davis that escalated the traffic stop. Davis violated police procedure by lunging into the vehicle and then shooting as a scuffle ensued.

The court’s findings of fact are verbatim from the DC Police charging document that states “two black males” and “a black male subject exit the passenger side of the vehicle.” It is troubling that the charging language makes two references to “black” and not to suspects. Ethnicity has nothing to do with the misdemeanor charges of failing to use a turn signal and a passenger not wearing a seat belt. This distinction was ostensibly important for Officer Davis and his partner to place in the charging document. Otherwise, they he would not have done it.

Officer Davis escalated a confrontation by reaching into the vehicle apparently not saying anything in order to get a surprise advantage as he tried to grab a gun from Mr. Bell that Bell was trying to hide resulting in a struggle to retrieve the handgun. Bell was not threatening Davis and Davis did not know if Bell had a permit for the gun. Davis lunging into the vehicle was a likely violation of police standard operating procedure. By reaching into the car, Davis placed himself in a completely vulnerable position and endangered his own life and the life of his assisting officer. Davis reaching into the car as he did resulted in Bell reacting. Bell decided to drive off while Davis was partially in the vehicle and Davis either shot him in the vehicle or as Bell drove off.

For complete citations to the cases see:

https://www.petedinelli.com/2020/06/22/city-councilor-pat-davis-needs-to-step-down-to-atone-for-his-own-black-lives-matter-moment-and-violations-of-peoples-civil-rights-as-a-police-officer/

CIVIL LAWSUITS REVEALED BUT NOT DISCLOSED TO VOTERS OR MEDIA BY DAVIS

Spin Doctor Davis has never disclosed the two New Mexico lawsuits filed against him for his conduct as a UNM Campus Police Officer and there is at least one more. It was in December 2004, after about three years with the Washington D.C. Police Department, and several months after his officer involved shooting, that Pat Davis was employed as a lieutenant on the University of New Mexico (UNM) Campus Police.

In his statement to the media, Pat Davis totally ignores those lawsuits and does even deny the accuracy of the allegations. So much for Davis talking “authentically and honestly” to his constituents. Under the law, withholding material and relevant information is as good as lying. The Albuquerque Journal has not said if Davis disclosed those lawsuits in his candidate questionnaire. Those lawsuits involved 5 New Mexico residents and UNM was force to pay thousands in settlements.

STORMING A HOME WITH “SEAL SEARCH WARRANT” FINDING NO EVIDENCE

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

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

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

UNM COP DAVIS SEARCHES WITHOUT A SEARCH WARRANT

The second lawsuit found and filed against Pat Davis was in federal court captioned “COMPLAINT FOR FALSE ARREST AND IMPRISONMENT, NEGLIGENCE AND CIVIL RIGHTS VIOLATIONS” , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO, CIV No. 08-C433 MV ACT

The factual background of the case alleged in the complaint relate to a January 8, 2008 law enforcement investigation undertaken by the UNM Campus Police Officer Pat Davis along with two other UNM Campus Police against two plaintiffs, both females, at their separate homes in Corrales, Sandoval County, New Mexico.

FIRST SEARCH OF HOME WITHOUT A WARRANT

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

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

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

SECOND SEARCH OF A HOME WITHOUT A WARRANT

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

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

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

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

PAT DAVIS THE ABSENT MINDED APD REFORMER

You can only get nauseous when Davis proclaims in his statement “no one will disagree that I’ve been effective implementing changes” apparently in reference to the Albuquerque Police Department. On November 27, 2014, the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA) mandating 276 reforms. Pat Davis was first elected to the City Council in October, 2015.

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

Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, Pat Davis remained silent and was absolutely nowhere to be found. He also seems to be absent minded that he never said anything remotely critical of APD until the protest involving the Onate statue. He declined to demand accountability from the prior Republican Mayor and hold the APD command staff responsible for dragging their feet on the reforms. Davis failed to attend any one of the federal court hearings on the consent decree. Now that APD is once again embroiled in controversy with the handing of the recent protests, Davis steps in and advocates changes and reforms to APD’s structure and management.

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

The litigation history of Pat Davis, especially his officer involved shooting, speaks volumes as to why for the last 5 years Davis has not challenged and has remained silent regarding the Department of Justice reforms. Only since the killing of African American George Floyd, 46, was killed by Minneapolis police officer who knelt on Floyd’s neck to subdue him has Davis decided to get involved with APD police reform revealing what an opportunist he truly is.

OTHER QUESTIONS RAISED AND NOT ANSWERED BY DAVIS

UNM has never disclosed the reasons why Davis left UNM and ostensibly no one in the media has asked UNM. What is known is that Davis went to work for then District Attorney Kari Brandenburg to be the Bernalillo County District Attorney spokesperson. Although no other organizations have asked Davis to step down, no progressive organization has come to his defense nor has any other elected official come to his defense, let alone the City Council. On the contrary.

State Senator Jacob Candelaria has denounced Davis as not representing New Mexico values and this fact has been given little coverage. The Governor’s office has confirmed Davis has been removed from the Court of Appeals Judicial Selection commission.

When Davis says “In two elections, voters have sent me to City Hall because I talked authentically and honestly” the message he is conveying is he has been vetted and forgiven for past mistakes by the voters because he successfully won. Davis is seriously mistaken and is a fool if he thinks that way. Many people of nefarious reputation have been elected to positions of authority, even a President of the United States. Election vetting and even a pardon does not absolve any one from serious misconduct.

When you review the statement issued by City Councilor Pat Davis, you can only wonder out loud who wrote it for him, who helped him craft it or who he sought advice from. Pat Davis is the current Chairman of the Bernalillo County Criminal Justice Coordinating Council (BCJCC). He was nominated to the position by District Attorney Raul Torres. The paid political consultant for Pat Davis, District Attorney Raul Torrez and Mayor Tim Keller when all 3 ran for office is none other than Alan Packman, the longtime political consultant for Mayor Tim Keller. Packman is currently employed by Mayor Tim Keller and works for the city’s 311 call center and answers to Mayor Tim Keller.

CONCLUSION

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

If Albuquerque City Councilor Pat Davis is sincere and truly wants to make amends for his past conduct as a police officer, he needs to show some degree of honesty and integrity and step down and remove himself as City Council President and resign as chairman of the Criminal Justice Coordinating Council. The positions are positions of trust and influence in our criminal justice system. His constituents can decide if they want him to continue as their city councilor.

It’s downright pathetic that not a single city councilor who voted for him to be their President has taken any public position on whether Pat Davis should step down as President or even gone to his defense in any manner. At least Senator Jacob Candelaria sees what the city council does not see when he said:

“Pat Davis is part of the problem. He does not share our values. He should not be trusted with leadership in our community.”

Now that Pat Davis has refused to step down, the City Council needs to replace him, otherwise they look like fools in the eyes of the general public. They are protecting one of their own. At a bare minimum, Pat Davis or any other City Councilor who voted for him to make him President need to ask for another vote and get on record if he should continue to serve as President now that information has come out on his actions as a cop.

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

FOR RELATED BLOG ARTICLES SEE:

City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer

ProgressNow New Mexico Statement on Councilor Davis’ Shooting of a Black Man and Pattern of Upholding Racist Institutions; Calls For His Multiple Resignations

Pat Davis Shooting A Black Man As DC Cop Only Part Of Story; Davis Engaged In Pattern Of Civil Rights Violations As A UNM Cop Costing Taxpayers Thousands

Pat Davis Booted From Judicial Selection Commission; Same Political Consultant Behind Pat Davis, DA Raul Torrez And Mayor Tim Keller; Davis Needs Step Down As City Council President Or Be Removed By City Council Vote

County Commissioner Collie’s Response To Blog Indicative Of State and National Intolerance To Opposing View Points; “I’m All Verklempt, Talks Amongst Yourselves!

This is a link to a June 23 article published by ABQReports entitled “A-hole county commissioner tells constituent not to email him” and written by the publisher Dennis Domrzalski. The email exchange quoted from Commissioner Jim Collie and my response are 100% accurate and include clerical errors as well so be patient if you read and ignore the clerical errors. Many thanks to ABQReports for publishing.

https://www.abqreport.com/single-post/2020/06/30/A-hole-county-commissioner-tells-constituent-not-to-email-him

COMMENTARY AND ANAYSIS

I will be very happy when my new Democratic County Commissioner Adriann Barboa takes over. I have known County Commissioner Collie for a number of years and found him to be a very warm and respectful and we share most if not all Democratic core values. Once Jim Collie was appointed Bernalillo County Commissioner by Governor Michelle Lujan Grisham when Commissioner Maggie Hart Stebbins stepped down , I believe it went to his head.

Commissioner Collie’s email to me was a reaction to the blog article I sent him entitled “Pat Davis Booted From Judicial Selection Commission; Same Political Consultant Behind Pat Davis, DA Raul Torrez And Mayor Tim Keller; Davis Needs Step Down As City Council President Or Be Removed By City Council Vote.” The link to the blog article is here: https://www.petedinelli.com/2020/06/29/pat-davis-booted-from-judicial-selection-commission-same-political-consultant-behind-pat-davis-da-raul-torrez-and-mayor-tim-keller-davis-needs-step-down-as-city-council-president-or-be-removed/

Some went so far as to criticize the blog article saying the title was misleading by using the word “booted” and that it was too harsh to describe when Pat Davis was “removed” from the Judicial Selection Commission. Those readers apparently do not get it that the blog is a political blog where I clearly mark Commentary and Analysis only after reporting on current local, county, state and national political events.

When two other articles were published regarding City Councilor Pat Davis and reporting on his very troubling pattern of civil rights violations and lawsuits as a UNM Campus Police Officer, the negative push back from a few progressive activist Democrats, some that I have known for years, can only be described as “nasty” with one being down right threatening. Even ProgressNow got pushback from progressives when ProgressNow agreed with me and demanded City Councilor Pat Davis resign from the City Council, the Judicial Selection Commission as well as the Bernalillo County Criminal Justice Coordinating Council. I have also said he should resign.

THE FIVE TARGETED DEMOCRATS

In the 2020 Democratic Primary, 5 incumbent Democratic State Senators were targeted for removal by the “No Corporate Democrats Community Organization”. Those Democrats were Senate President Pro Tem Mary Kay Papen of Las Cruces, District 38, longtime State Senator John Author Smith of Deming, the powerful chairman of the Senate Finance Committee, Senator Clemente Sanchez of Grants, Senator Gabriel Ramos of Silver City, and Senator George Muñoz of Gallup representing District 4. All 5 Democrats were accused by the coalition of not listening to the people who voted them in and listening instead to well-connected corporate interests. All 5 democrats strongly dispute the arguments saying they represented their districts well and understand what their constituent’s want and their demands. The fact they were repeatedly elected supported their position. Four of the 5 lost their reelection bids except for Senator George Munoz.

It came as absolutely no surprise to New Mexico political observers that “No Corporate Democrats Community Organization” was successful in defeating 4 incumbent Democratic State Senators. All 5 were labeled conservative “corporate democrats” who cooperated too much with Senate Republicans to thwart Democratic initiatives. Their defeat was brought on by their cooperation with the Republican Senate minority to defeat major progressive initiatives in the State Senate. One example is their opposition to allocate more money from the state’s Land Grant Permanent Fund and Severance Tax Permanent Fund to finance early childhood programs. Another example is that all 5 voted against the abortion rights measure in 2019 that would have repealed a 1969 anti-abortion law.

Being called a “Corporate Democrat” has become the ultimate insult used to disparage and tear down more traditional, moderate or even conservative democrats, even elected officials, considered the New Mexico Democratic establishment. Establishment Democrats such as Governor Michelle Lujan Grisham, Congressman Ben Ray Lujan and even Senator Martin Heinrich have all been criticized from time to time by the progressive wing of the Democratic part on their stands on various issues, positions and votes as not being “progressive enough” for the progressive wing of the New Mexico Democratic party.

ULTIMATE GOAL OF PROGRESSIVES IS TO PURGE NEW MEXICO DEMOCRATIC PARTY ESTABLISHMENT

The major problem with the “No Corporate Democrats Community Organization” coalition was that they have no affiliation with the Democratic Party. The “No Corporate Democrats Community Organization” was supportive of Democratic candidates but on many levels is very hostile to the Democratic Party. Democrats in order to secure the support the organization had to past a litmus test of being progressive enough or “progressive purist” committed to their causes.

The ultimate goal of progressive purist wing of the New Mexico Democratic Party is to force out and purge the Democratic establishment represented by the traditional, moderate to conservative party officials and even remove elected officials such as the 4 Democratic State Senators that were removed. The progressive purists are succeeding on many levels given their heavy turnout in elections and the turnover and new people that serve as precinct and ward chairs and party officials within the Democratic Party statewide.

PURGING OF DEMOCRATIC PARTY IS NATIONAL MOVEMENT

This overt attempt to “purge” the New Mexico Democratic party of moderate to conservative Democrats is also national movement. It has been going on since the 2016 Presidential primary election between progressive Bernie Sanders, the Independent running as a Democrat and Hillary Clinton, the establishment Democrat. The purging repeated itself in the 2020 Presidential Democratic Party primary with the “new and improved self-proclaimed Democratic Socialist Bernie Sanders” who ran against former Vice President Joe Biden, the establishment Democrat and now the presumptive nominee of the Democratic Party. Even after Sanders dropped out and endorsed Biden, there is still resistance to Biden by the more progressive wing of the Democratic party.

In 2016, after a brutal primary, Sanders refused to drop out all the way to the convention demanding major concessions from the Democratic Party that he has never been a member of until he runs for President. After Clinton secured the nomination, Sanders finally endorsed Clinton and held events for her. But the Clinton campaign felt Sanders showed lukewarm support for her. Sanders was not as helpful as he could have been in getting the message out when and where they needed it to defeat Trump.

Nationwide, one poll found that more than 1 in 10 people who voted for Sanders in the 2016 primary against Hillary Clinton ended up supporting Trump in the general election.

https://www.nbcnews.com/politics/2020-election/sanders-voters-helped-trump-win-white-house-could-they-do-n1145306

A mid March, 2020 poll in Michigan, one of the 5 battleground states that will decide the election, found just 2 of 5 Sanders backers said they would vote Democratic in November, regardless of who became the nominee. Four in five said they’d be dissatisfied with Biden as the Democratic standard-bearer.

Much of the polling has changed with Trump mishandling of the Corona Virus Pandmic and the crashing of the economy. Biden is now leading in all the national polls by 9% to 14% and leading in swing states where Trump beat Clinton to win the electoral college.

The reality is that the progressive purist wing of New Mexico Democratic Party are just as extreme in their views and actions as the totally opposite conservatives represented by the “neocon conservatives” of the Republican Party and the hard-core Trump supporters. Anyone and anything being remotely viewed as moderate to conservative is considered unacceptable to them to the point of refusing to vote for, or compromise in any manner, even if it means not voting at all thereby assuring Republican wins.

Philosophical purity of any kind tends to translate into dogma and political disaster in one form or another something the country has now experienced under President Trump over the years he has been in power.

FINAL COMMENTS

I have been a Democrat all of my life. At one time I was very much involved with the party serving as a precinct chair, ward chair and state central committee member over the years. I even went to the National Democratic Convention in 2012 to vote to nominate President Barack Obama for his second term. Although still a staunch Progressive Democrat, I am no longer involved with the party apparatus and there is a reason for it.

There is now a litmus test within the progressive wing of the New Mexico Democratic Party that is now in control of the party: if you’re not progressive enough to suit them and do not conform to their causes and support progressive candidates and progressive elected officials such as Mayor Tim Keller, Pat Davis and Raul Torrez without question and you do not keep your mouth shut about them and their job performance, there will be consequences. You will be shunned, no longer welcomed and likely condemned. Their message is clear: do not bother running and stop talking if you are not progressive enough and support progressives in all they do as elected officials.

This is the identical attitude of the Republican Party, but the conservative version of it, and its is what is bringing an end to the Republican Party. It will happen to the New Mexico Democratic party if it is not careful and more tolerant of opposing views. We must hold our elected officials like Governor Michelle Lujan Grisham, US Senator Martin Heinrich, Congressman Ben Ray Lujan, Congresswoman Debra Haaland and Xocoatl Torres Small, Mayor Tim Keller, DA Raul Torrez and City Councilors such as Pat Davis and County Commissioners such as Jim Collie accountable for their conduct.

Throughout my 27 public service career and even when I ran and held office, I attempted to avoid sharp words and vulgarity when I was subject to withering criticism and did so out of respect for voters and citizens who I knew paid my salary and out of respect for their constitutional rights to freedom of speech. Now that I publish a blog, many people who have unloaded on me are taken aback when I shove it right back at them. Me keeping my mouth shut is simply not in my DNA, even if you’re a progressive democrat.

Now that I am fully retired, I can say what I want, how I want and when I want on my blog. If you read the blog articles and agree with me that’s great. It’s also great if you don’t agree with me and still read the articles because I still care for my home and there is a need for civil discussion in today’s politics. I also believe that November 3 cannot come sooner to vote to for Joe Biden as President and get rid of the fascist fool in the White House. As Linda Richman would say on Saturday Night live when she was feeling upset or emotional “I’m all verklempt. … Talk amongst yourselves. I’ll give you a topic: Will progressives give Trump a second term by not voting for Joe Biden?”

City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer

Pat Davis Shooting A Black Man As DC Cop Only Part Of Story; Davis Engaged In Pattern Of Civil Rights Violations As A UNM Cop Costing Taxpayers Thousands

ProgressNow New Mexico Statement on Councilor Davis’ Shooting of a Black Man and Pattern of Upholding Racist Institutions; Calls For His Multiple Resignations

City Council APD Reform Survey Offers No Insight As To What APD Needs For Federal Court Approved Settlement Agreement (CASA)

On April 10, 2014, the Civil Rights Division of the United States Department of Justice (DOJ), issued its report of the 18-month civil rights investigation of the Albuquerque Police Department (APD). The DOJ reviewed excessive use of force and deadly force cases and found that APD engaged in a “pattern and practice” of unconstitutional “use of force” and “deadly force” and found a “culture of aggression” within APD. On November 27, 2014, the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA) mandating 276 reforms. APD is one of 18 municipalities in the United States under a Federal Court consent decree for excessive use of force and deadly force. The link to the CASA is here:

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

Within months after being sworn in on January 1, 2018, Mayor Tim Keller affirmed his commitment to implement all the DOJ mandated reforms agreed to under the CASA. Mayor Keller began implementing an $88 million-dollar APD police expansion program over a four-year period over increasing the number of sworn police officers from 898 positions filled to 1,200, or by 302 sworn police officers. The massive investment was ordered by Mayor Tim Keller to full fill his 2017 campaign promise to complete all the CASA reforms, increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates.

“DEFUND THE POLICE” MOVEMENT

On Monday, May 26, African American George Floyd, 46, was arrested in Minneapolis, Minnesota for passing a counterfeit $20 bill. He was unarmed and was killed when a police officer used a police suppression move to subdue him by placing his knee on Floyd’s neck and he used his full body weight to suppress George Floyd. The killing started a movement.

Across the country peaceful protest over the killings by police of unarmed African Americans, started in city’s large and small. Many of the protests burst into violence with looting and vandalism. Mayors and Governors took action to deal with the protesters. As days past, the movement against systemic racism by police went global as millions took to the streets during a pandemic to protest. The protests have continued daily but by and large have turned peaceful.

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

ABQ CITY COUNCIL GETS INTO THE ACT OF REFORMING APD AFTER OVER 5 YEARS OF MANDATED REFORM EFFORTS

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

The City Council proposal would change multiple levels of the department, from reorganizing the police budget and officers’ jobs on the street to emphasizing behavioral health assistance and studies to determine the best route for community engagement. Davis said he believes the city can rededicate $1 million of APD’s $207 million budget to community organizations and social services. Davis is also suggesting a 24/7 dispatch line for calls regarding the homeless that would be answered by those in a public health role and not by the APD reducing APD’s volume of 911 emergency calls.

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

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

THE ONLINE SURVEY

On June 13 and June 17, KRQE reported that Pat Davis published a survey online, asking people to weigh in on how they’d like to restructure APD’s budget. Links to the full KRQE reports are here:

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

https://www.krqe.com/news/albuquerque-metro/online-survey-results-show-residents-view-on-police-reform-in-albuquerque/
The link to the full survey is here:

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

The survey was conducted and made available by email and online from Friday, June 13 through Monday, June 15, 2020. According to the survey city wage page, 10,053 completed the survey by June 15. Respondents included residents from every zip code in the city. The ethnic breakdown of the 10,053 who took the survey is as follows:

43% of the respondents were white (City white population is 39%)

29% of the respondents were Hispanic (39% of population is Hispanic)

3.2% of the respondents were Black (3.2% of population is Black

1.9% of the respondents were Asian (City population is 2% Asian)

1.8% of the respondents were Native American (City population is 4%)

20% declined to answer what their ethnicity

In the survey, respondents were asked which police reforms they support. The responses were as follows:

85% supported requiring every officer to wear and use cameras

81% supported bias-prevention training for every officer

71% supported a civilian oversight board to investigate police wrongdoing complaints

71% supported prohibiting holds and tactics likely to cause severe injury, including chokeholds and taser strikes to sensitive areas

61% supported creating community-based justice workers to help those with a criminal record access expungement, removing them from the criminal justice system and giving them a fresh start

59% supported requiring officers to do 8 hours of volunteer service with community groups

56% supported prohibiting the city from receiving military equipment for civilian law enforcement use

When asked if the city should prioritize hiring more police officers or increasing funding for community programs, a vast majority of those who took the survey supported investing in community groups. 51% of respondents said APD should not respond to non-emergency calls like minor accidents and lost property, taking those reports by phone or online instead.

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

The following suggestions were made from those who responded to the survey:

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

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

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

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

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

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

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

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

The survey and results can be viewed here:

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

Councilor Davis said the data from the survey will be used when discussing APD’s budget in July and the city’s budget in August that has yet to be submitted by the Keller Administration. The survey is open for participation until the end of the month.

A number of the respondents made suggestions for APD that it is already doing under the Court Approved Settlement Agreement. Davis put it this way:

“[The respondents said what is needed are] more psychological testing, more bias-prevention training, and it turns out we have implemented all those in the last five years and the public doesn’t really have a good sense of what we’ve done. … That means we probably have a bigger and better job to do in terms of talking about where we come from and what else we can do next.”

SETTLEMENT REFORMS ALREADY IN PLACE

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

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

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

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

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

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

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

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

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

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

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

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

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

12. The Mental Health Advisory Committee has been implemented.

COMMENTARY AND ANALYSIS

Nothing gets by the very observant Pat Davis that allows him to articulate earth-shattering remarks such as “we probably have a bigger and better job to do in terms of talking about where we come from and what else we can do next.” The truth is, the survey may be informative for budget discussions, but that’s about it because of the mandated DOJ reforms under the Court Approved Settlement Agreement (CASA).

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

After almost a full six years of the CASA, the city council ostensibly does not understand the authority of the United States Federal Court over the City or APD. The City and APD are still under the thumb of the Federal Court Judge and the watchful eye of the Federal Court Appointed Monitor. Little next to nothing can be done by the city with APD when it relates to policies mandated and resources and funding of the reforms required so long as the federal settlement remains in place.

The City Council and for that matter, the Mayor is seriously hamstrung as to being able to divert funding from APD to other social priorities. Even if the City Council and the Mayor wanted to defund the APD to the point of abolishing it, they probably could not without approval of the Federal court. The Federal Court has overwhelming if not absolute authority over APD and there is little that can be done to defund APD. Any plan to defund APD or change training of police officers will no doubt have to be approved by the Federal Court Judge after conferring with the federal monitor.

For a related blog article see:

City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer