Readers On Community Policing Councils React To Police Union Tactics And Excuses Made For Not Making Misdemeanor Arrests; Both APD Felony Arrests And Misdemeanor Arrests Down Dramatically In One Year

Posted on August 27, 2021 by Pete Dinelli

In the aftermath of the 4 APD offers who were shot by a violent felon on probation out of California, APOA Union President Shaun Willoughby was interviewed by virtually all the local news stations and the Albuquerque Journal and asked why he felt the shooting happened. On Friday, August 20, Willoughby was quoted as saying:

“It’s officers that are hesitating to do their job because they don’t want to get in trouble … It’s the brazen acts of criminals that know that Albuquerque police officers are handcuffed … We have stepped away and de-policed this city. From the very beginning our officers are carrying a card of misdemeanors that they’re not supposed to arrest on.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

In an interview with KOB 4, Police Union President Shaun Willoughby said increases in deadly situations involving police, such as what happened to the 4 APD officers, is frustrating and angers his union membership. He also increased his false political rhetoric laying blame for the violent crime in the city and said:

“We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

Willoughby added that over the years laws passed through the legislature have prevented officers from not only doing their jobs but have led to dozens of officers quitting.

https://www.kob.com/albuquerque-news/police-officers-association-demands-change-following-shooting-that-left-4-officers-injured/6213550/?fbclid=IwAR0sXEzSZcF0KVwlVL3o1Fa4KjXfNcV15yEgC4IxYJ-N67TvAwlDz_X-aQE#.YSALBrgluvs.facebook

SPECIAL ORDER 17-53 AND SOP 2-80

When Willoughby claims “officers carry around a little card with a list of misdemeanors that they can’t even arrest people on” he ostensibly is referring to a May 10, 2018 Special Order 17-53 as well as SOP 2-80. (Standard Operating Procedure)

On May 10, 2018, in a memo addressed to all sworn APD personnel by then APD Chief Gorden Eden issued Department Special Order 17-53. The Special-Order states that

“[A]ll officers shall issue citations when appropriate in lieu of arrests on non-violent misdemeanor offenses. … “officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses when there are no circumstances necessitating an arrest.”

Special Order 17-53 was then made into SOP 2-80 that deals with arrests of “Felony Arrest Authority” and “Misdemeanor Arrest Authority” SOP 2-80 is very succinct and provides as follows:

“2-80 ARRESTS, ARREST WARRANTS AND BOOKING PROCEDURES

2-80-1 Policy Department policy is to arrest a felony violator of laws which its officers are empowered to enforce. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. In all cases, officers shall follow correct legal procedures required in arresting, booking, and filing charges against such violators.

2-80-2 Rules Procedures

A. Felony Arrest Authority.

1. Felony arrests may be made through the authority of a warrant, or on probable cause when there are exigent circumstances preventing the officer from obtaining a warrant. (State v. Panaanan, 2015 NMSC 031, 357 P.3d 958)

2. Probable cause arrests may be made for all felonies when there are exigent circumstances preventing the officer from obtaining a warrant.

3. Exigent circumstances include emergency situations requiring swift action:

a. to prevent imminent danger to life or serious damage to property; or

b. to forestall the imminent escape of a suspect; or

c. to forestall potential destruction of evidence; or

d. an exigency may also exist where it is not reasonably practical to secure a warrant under the circumstances, such as where the additional time to obtain a warrant makes it impractical.

4. The New Mexico Supreme Court has held that “exigency will be presumed” where an officer observes the commission of a felony, without reference to imminent danger, escape, or destruction of evidence, and that an on-the-scene arrest supported by probable cause will usually supply the requisite exigency.

a. However, an officer must obtain a felony arrest warrant if there is ample time to do so before making the arrest, provided that there is no concern that the additional time to secure an arrest warrant may result in failing to prevent imminent danger to life or serious damage to property, forestalling the imminent escape of a suspect, or the potential destruction of evidence.

b. Examples of situations when felony arrests require an arrest warrant include:

6. For those felony offenses that do not fall within the above listed categories, an officer when deciding whether to effect an arrest or to merely submit the case for indictment consideration may make a probable cause felony arrest when probable cause clearly exists, under the following circumstances:

a. When the offender has no community ties to the Albuquerque metropolitan area, e.g. transient, out of town resident, etc.; or

b. When one or more prior felonies or multiple offenses have been committed by the offender; or

c. When the arrest is approved by a supervisor based on extenuating circumstances; and d. One or more exigent circumstance as described under A. 3 (1) through (4) above must be present.

B. Petty Misdemeanor/Misdemeanor Arrest Authority

1. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. Whether or not the person has a permanent address may not be the sole factor in determining to arrest the person rather than issuing a citation. If the officer issues a non-traffic citation, the officer must complete an incident report. If an arrest is necessary, the officer will include the reason in the narrative of the corresponding incident report.

2. When exigent circumstances justify the arrest.

C. Use of the Metropolitan Court Bonding Window

1. Officers will use the bonding window at Metropolitan Court located at 401 Lomas Blvd. NW to post a bond, pay a fine, or to resolve or quash a warrant in lieu of taking an arrested person to the Prisoner Transport Center (PTC) or the Metropolitan Detention Center (MDC) when feasible.

2. The outdoor walk-up bonding window is located on the building’s south side. The bonding window closes for a brief time at the end of each shift (currently, from 6:00 a.m.-7:00 a.m., 2:00 p.m.-3:00 p.m., 10:00 p.m.-12:00 a.m.)

3. Officers can take an arrested person to the bonding window whenever they are arresting such individual for lower-level warrants, such as for traffic or petty misdemeanor charges. This allows the person to pay fines or post a bond without having to be booked into MDC.

4. The bonding window will accept all misdemeanor warrants including out-of-county warrants.

5. The bonding window does not deal with felony charges or cases.

6. The bonding window accepts cash only – credit cards, debit cards or checks are not accepted.

7. The person will be required to pay the full amount of a cash or surety bond at the bonding window. This means that the person cannot go through a bonding agency to pay ten percent (10%) of the bond at the bonding window.

8. Officers should check to see if the person has cash before taking that person to the bonding window. Officers should not wait for the person to get money from a friend, relative or acquaintance.

9. Metropolitan Court requests officers to have their agencies fax the warrant to the bonding window prior to arriving with the person.

10.Once the person completes the transaction at the bonding window, the officer may take that person back to their previous location if time or the situation permits.”

APD publishes on line all the departments Standard Operating Procedures (SOP). The link is here:

https://documents.cabq.gov/police/standard-operating-procedures/2-80-arrests-arrest-warrants-and-booking-procedures.pdf

The misdemeanor offenses affected by the special order include criminal trespass, criminal damage to property under $1,000, shoplifting under $500, shoplifting under $250, prostitution, and receiving or possessing stolen property under $100. Because of the court order, the policy remains in place to this day.

The SOP 2-80 makes it clear that any APD officer may make an arrest if it is necessary, but will have to include the reasons why in an incident report. SOP 2-80 also makes it clear officers can take offenders wanted for non-violent misdemeanor offenses to Metropolitan Court to resolve warrants or fines instead of hauling them off to jail. A caveat is that the arrested individual must have the full amount of the fine or bond in cash. Those arrested also cannot go through a bonding agency.

At the time the Special Order was issued, City and police officials pointed out that it made no changes to police policy. APD Chief Jerry Galvin in 2001 issued a similar order, and since then department policy has been to advise officers to issue citations for such crimes where they deem it appropriate, and officers have discretion in deciding when to arrest someone. According to then City Attorney Jessica Hernandez:

“If there is any part of a situation that makes an officer think an arrest is warranted, they’ll make the arrest.”

At the time the special order was issued, then Assistant Chief Robert Huntsman also issued a statement to clarify the policy and said:

“This order in no way restricts officers’ discretion to make arrests when necessary to protect the public. Citations have always been an available option for certain non-violent misdemeanor offenses. This special order and video remind officers to issue citations ‘when appropriate’ and ‘when there are no circumstances necessitating an arrest.’ We are still aggressively pursuing repeat offenders, and this order does not change an officer’s ability to arrest.”

APD further made it clear the order would not affect DWI arrests. The special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.
When the special order was first issued, Willoughby falsely proclaimed:

“The word ‘shall’ scares me a lot. In the past we could use our discretion when dealing with misdemeanor offenses. You’re basically telling the entire criminal element that police officers are further handcuffed. … It’s a weak policy. It’s bad for public safety and we’re all going to suffer from it. … [The special order] is the last thing Albuquerque and the community needs right now.

The link to quoted source material is here:

https://www.krqe.com/news/officers-to-issue-citations-instead-of-making-arrests-for-non-violent-misdemeanors/

https://www.koat.com/article/apd-no-longer-to-make-arrests-for-non-violent-misdemeanor-crimes/9662869

https://www.abqjournal.com/1006784/apd-citations-ok-for-some-crimes.html

THE REASON FOR THE POLICY

The new Special Order 17-53 and 2-80 were a result of the 20-plus year McClendon Lawsuit that was settled by United States Federal Judge. That lawsuit, filed against the City of Albuquerque and Bernalillo County by an inmate arrested for a non-violent misdemeanor, primarily focused on the conditions within the City/County lockup.

At the time the lawsuit was filed, the then Bernalillo County detention center had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,400 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became to bad that the federal court would hold weekly and monthly status conferences and order the release of none violent defendants to reduce the overcrowding.

COMMUNITY POLICING COUNSELS (CPCs)

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

You can read the entire report here.

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

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD. The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies … .”

It was in November 2014, that the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA). The link to the CASA is here:

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

The federal Court Approved Settlement Agreement (CASA) contains 271 mandated reforms. One of the deficiencies addressed was APD’s failure to interact with the community stakeholders. The CASA mandated the creation of Community Policing Councils in all area commands.

The goal of each Community Policing Council is to engage in candid, detailed and meaningful dialogue between Albuquerque Police and the citizens they serve. Councils are independent from the City and Department. They are encouraged to formally recommend changes to Albuquerque Police Department policies and procedures. They are also asked to make recommendations and identify concerns, problems, successes and opportunities within each area command and for the department as a whole.

Each of the six Community Policing Councils is composed of members from the community and voting members. Voting members must reside within or have businesses within the boundaries of their area command.

https://www.cabq.gov/cpoa/community-policing-council

2022 ADOPTED APD BUDGET CONTAINS TOTAL ARRESTS FOR 2019 AND 2020

The City’s 2022 adopted budget for APD on page 151 contains APD’s arrests statistics for 2019 and 2020. APD’s budget is a peformance based budget and the department is required to submit a number of statistics to justify its budget. Arrest numbers for felonies, misdemeanors as well as DWI are revealed in the budget. APD’s budget also outlines full time personnel and breaks it down between sworn and civilian employees.

The link to the budget is here:

https://documents.cabq.gov/budget/fy-22-proposed-budget.pdf

Following is the breakdown of arrest for the years 2019 and 2020:

NUMBER OF FELONY ARRESTS:

2019: 10,945
2020: 6,621 (DOWN 39.51%

NUMBER OF MISDEMEANOR ARRESTS

2019: 19,440
2020: 16,520 (DOWN 15%)

NUMBER OF DWI ARRESTS

2019: 1,788
2020: 1,230 (DOWN 26%)

(2022 APD Budget, page 151)

TOTAL NUMBER OF ARRESTS FOR 2019: 32,173
TOTAL NUMBER OF ARREST FOR 2020: 24,371
DOWN 25%

APD SWORN PERSONNEL FOR 2019 AND 2020

According to APD’s approved 2021-2022 budget, in 2019 APD had 924 full time police. In 2020 APD had 1,004 sworn police or 80 more sworn in 2020 than in 2019, yet arrests went down during the first year of the pandemic and crime rates continued to rise.

APD SWORN PERSONNEL FOR 2019 AND 2020

VIOLENT CRIME

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes, 3,885 Aggravated Assaults and 491 Non-Fatal Shootings. In 2019, the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault. In 2019 during Keller’s second full year in office, Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase. The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

https://www.petedinelli.com/2021/06/04/mayor-keller-and-apd-chief-medina-embellish-success-of-violence-intervention-program-apds-arrest-numbers-drop-by-7-802-in-2020-compared-to-2019-apd-under-performs-statistically-even-w/

READERS RESPOND TO BLOG ARTICLE

On August 25, 2021, the blog article “APD Police Union President Willoughby “Gaslights” And Falsely Shouts Fire In A Crowded Theater To Promote His Big Lies” was posted

The link to the article is here:

https://www.petedinelli.com/2021/08/25/the-4-apd-police-officers-injured-in-line-of-duty-served-the-city-with-distinction-and-honor-apd-police-union-president-willoughby-gaslights-and-falsely-shouts-fire-in-a-crowed-th/

On August 25, 2021, one reader who is a member of a Community Policing Counsel sent an email expressing concern over the blog article’s content. The person addressed the conduct of the police union president. A second email raised the issue that police officers are giving excuses not to make misdemeanor arrests. Following are both emails with identities kept confidential for privacy reasons and to allow publication on this blog article without fear of any reprisal:

FIRST READER INPUT

“ … I have attended the court hearings both in-person and virtually … My feeling is that there is still a substantial degree of “delay, deny, and deflect” among police brass, with most of that seeming to be located at headquarters.

Of more concern, it seems clear that the APOA [police union] is engaged in a persistent campaign of fear mongering toward any sort of reform. Shawn Willoughby, about 18 months ago, in open court, said (close to word-for-word): “We can’t wait until the Monitors go away and the U.S. Attorney turns attention elsewhere, and the Court closes this matter so we can take back OUR police department.”

That was one of the most disheartening sentences I’ve ever heard in open court. I can’t imagine the turmoil that the APOA campaign is causing among police officers and their families. Our officers want to do their job, they want our communities to be safe for all our residents, they want to return safe-and-sound to their families after each shift, and they must deal with the proper need for reform and the fear-inducing rhetoric of APOA and radical politicians. I despair, still. But, I remain engaged because the alternatives to constitutional policing are just too terrible to contemplate.

Our CPC hears many concerns and issues in the course of our volunteer efforts… but we don’t hear persistent complaints about “cops”. It is situations, conditions, and trends that concern people, and that’s where we place our emphasis – on things that need to be changed and improved to support our police and to make life better in all the neighborhoods of our city.”

SECOND READER

Another reader wrote, quoted and took issue with the following blog commentary:

“It was simply false and misleading for Willoughby to say that officers lost the discretion when dealing with misdemeanor offenses. The truth is and has always been APD police officers have the discretion to make arrests when they deem it necessary. For the past 4 years, the special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.”

The reader wrote:

“I don’t believe this is entirely true for misdemeanors since every police officer on the beat MUST call his supervisor for approval before making a non-threatening or life-concerning arrest on the street.

I talked to 4 beat officers [in an area command] … even the Lieutenant [and they] say they must have approval from their supervisor before making a misdemeanor arrest without threat of bodily harm. I’m just telling you what they are saying they do currently (as of 2 weeks ago). Maybe someone should tell them that that is NOT the policy or the protocol.”

COMMENTARY AND ANALYSIS

The comments offered by both readers are very disturbing and are a reflection of a police depart that many rank and file do not want to do their jobs and that excuses are being made by them to members of the CPCs.

In a revealing March 28, 2021 letter to the Albuquerque Journal a decade long retired APD Area Commander had this to say in part:

“Crime is up and directly related to the settlement agreement, an absurd use-of-force policy and the required investigations. These decrees can last for a decade or more. Seattle and Portland have been under one since 2012, Detroit since 2003. Crime escalates wherever they are implemented. The monitor has every financial reason to prolong this decree while he drains our coffers.
…
I believe I can speak for an overwhelming number of retired/former officers when I say this entire mess, settlement agreement/dual leadership is an unmitigated disaster that was preventable. We arrived here by the political inactions and lack of courage by our mayors and councils. They should have been the oversight when the chain of command faltered.”

The comments written by the former commander are nothing more than a pathetic attempt to undercut and discredit the need for the reforms and deflect the blame where it belongs: APD management, the union and rank and file police.

Based on the statistics for the budget years of 2019 and 2020, a very strong argument can be made is that crime is up because APD is not doing its job and arresting people as reflected in the statistics that arrests for both felony and misdemeanor offenses are down dramatically. APD statistics for the budget years of 2019 and 2020 reflect the department is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51% going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%. In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn in 2020 than in 2019, yet arrests went down during the first year of the pandemic. APD’s homicide unit has an anemic clearance rate of 36%. The police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

The Court Approved Settlement Agreement was indeed preventable had APD in fact followed constitutional policing practices in the first place. It had nothing to do with “politically correct politicians” throwing APD under the bus. It was APD that brought the DOJ here in the first place and mandated the Federal Court to come down on it.

DERELICTION OF DUTY

It is totally unacceptable that any APD police officer would ever give the excuse that they cannot make a misdemeanor arrest that occurs in their presence. It also unacceptable that any police officer would say they need get authorization from a superior to make a misdemeanor arrest. A confidential source within APD reveals that there are no written policies that police officers below the rank Sergeant must get authorization to make a misdemeanor arrest. The source did say that police are simply no longer making misdemeanor arrests. What is disturbing is that the police union president repeatedly parrots that APD officers feel their hands are tied and they are afraid to do their job for fear of being disciplined or that the DOJ reforms are the cause of the city’s high crime rates and officers being shot.

To be blunt, if any police officer does not want to do their job, refuse to make misdemeanor arrests, and for that matter violent crime arrests, committed in their presence and or follow SOP 2-80, they are derelict in performing their jobs and are part of the problem and need to leave APD or find another line of work. Same goes for police officers who do not want to follow constitutional policing practices as mandated by the consent decree.

The problem always has been and continues to be that APD management, the police union and its membership have not fully embraced the reforms. In fact, 3 Chiefs have resisted the reforms from time to time, at different times, as has been repeatedly documented by the federal monitor in at least 4 reports over the last 3 years.

Mayor Tim Keller and his second appointed Chief Harold Medina are also in dereliction of their duty to protect the community if they allow any police officer to give the excuse not to make misdemeanor arrest, say their hands are tied or saying they are afraid to make an arrest and that they need to get the permission of a superior.

Der Führer Trump Radio Shock Jock Eddy Aragon Formally Declares Running For Mayor; Let’s jail grandma to reduce the homeless! And Other Crazy; A Choice Between The Lesser Of 2 Evils And 1 Crazy Trumpster Is No Choice At All

Posted on August 26, 2021 by Pete Dinelli

On July 26, Eddy Aragon registered with the City Clerk to run as a privately finance candidate for Mayor. Privately Finance Candidates for Mayor were required to gather 3,000 signatures from registered voters within the City. The time for privately financed candidates for Mayor to collect 3,000 signatures was from June 8 to August 10, 2021.

On August 10, the Albuquerque City Clerk certified the signatures on Aragon’s nominating potions and posted the following petition verified signature counts:

Required Petition Signatures: 3,000
Verified Petition Signatures: 3,305
Rejected Petition Signatures: -0-
Remaining Petition Signatures Needed: – 0 –
Percentage of Verified Petition Signatures Met: 100%

The link to the city clerk’s petition signature tally is here:

https://www.cabq.gov/vote/candidate-information/2021-candidates

EDDY ARAGON FORMALY ANNOUNCES FOR MAYOR

Aragon first toyed with running for in May. It was in April that Eddy Aragon submitted his candidate registration paperwork to run for Mayor the first time this year. On April 27, it was reported Aragon decided not to run for Mayor and said at the time:

“I don’t have the motivation to run. I have a business to attend to but I will continue to point out the wrong direction the [New Mexico] GOP is taking including the role of Steve Pearce and Jay McCleskey. Republicans are backing Democrat Gonzales and that is traitorous. Not to mention that the current crime wave has happened under Gonzales’ watch.”

On Tuesday, August 24, Eddy Aragon changed his mind and formally declared his candidacy in the 2021 Albuquerque mayor’s race after qualifying for the ballot by collecting the required number of nominating signatures in two weeks. He made his announcement by calling a press conference to answer questions.

ABOUT EDDY ARAGON

Eddy Aragon is the CEO of ‘The Rock of Talk’ at ABQ.FM/AM 1600 KIVA on the Fox News network. He has owned the radio station for upwards of 8 years and has spent that time building on talk radio programming and developing new ways of consuming audio entertainment including news and music. Mr. Aragon is an 11th Generation New Mexican, a graduate of St. Pius High Scholl and a graduate of the University of New Mexico with a Bachelor’s Degree in Political Science and a Bachelor’s Degree in Economics. Mr. Aragon has been divorced for about the past 6 years and has twin sons, Sebastian and Samuel.

Aragon worked in Washington D.C. for Democrat progressive and former United State Senator Jeff Bingaman, and worked on several campaigns including progressive Democrats and then congressman Tom Udall and progressive former long serving Speaker of the New Mexico House Raymond Sanchez. He later organized Arizona for Presidential Candidate, General Wesley Clark who placed 2nd in that state in 2004. At some point Aragon went from a decisively registered progressive Democrat to a decisively right wing conservative Der Führer Republican party member.

In the private sector, Mr. Aragon worked for 13 years in the Commercial Real Estate industry in Phoenix, Arizona and Las Vegas, Nevada for CBRE. From 2007-2009 he was the number one Commercial Real Estate Broker by number of transactions completed in Las Vegas, Nevada.

https://www.linkedin.com/in/eddyaragon

During this year, he ran against former Congressman and Republican State Chairman Steve Pierce and lost and then ran for the Republican Party’s nomination in a special election for the Albuquerque based Congressional District vacated by Deb Haaland when she was appointed cabinet Secretary of the Interior by President Biden. Aragon lost to Republican Mark Moores when the Republican Party’s State Central chose Moores to be the nominee and who then went on to lose to Democrat Melanie Stansbury in a landslide.

Aragon currently hosts the afternoon talk program called “The Rock of Talk”. He is a regular contributor on New Mexico In Focus, CNN, Fox News and the Sean Hannity Show as well as on over 40 radio interviews on radio stations throughout the country.

In making his formal announcement for Mayor, Aragon had this to say:

“I am absolutely ready for this endeavor. … [As a radio station owner and talk radio host] I prepared for this every day for the last six years without knowing. … I started out as a Democrat; I know the Democrat Party pretty well. I think I have crossover appeal. I’m Hispanic, and that actually matters, I think, a heck of a lot more sometimes than party does.”

In his announcement, Aragon boldly proclaimed he can appeal to the city’s significant independent voter base and maybe attract Democrats, even though he is a staunch supporter of Der Fuher Donald Trump who lost New Mexico in a landslide vote to Democrat Joe Biden. The fallacy of Argon’s optimism is that according to the Bernalillo County Clerk’s Office, only 27% of Albuquerque voters are registered Republicans while 47.3% are registered Democrats. Over the last 15 years, the city has voted solid blue city by Democrats and Independents in state wide and local elections. The city council is currently made up of 7 Democrats and 2 Republicans.

Links to related or quoted news stories herein are here:

https://www.kob.com/albuquerque-news/conservative-radio-talk-show-host-joins-mayoral-race/6218160/?cat=500

https://www.krqe.com/news/politics-government/elections/conservative-talk-show-host-joins-albuquerque-mayoral-race/

https://www.abqjournal.com/2422508/aragon-formally-declares-mayoral-candidacy.html

ARAGON’S “DR. NO PLATFORM”

During his news conference, Aragon offered his potions on a number of major issues facing the city. This blog article identifies those issues and provides commentary and analysis on each one.

The issues discussed by Eddy Aragon in his announcement include the following:

1. ARAGON IS AGAINST ALBUQUERQUE’S CITY COUNCIL-APPROVED SANCTUARY CITY POLICY AND SEVERAL OTHER POLICIES AND PROGRAMS IN PLACE CREATED BY MAYOR TIM KELLER

EDITOR’S COMMENTARY AND ANALYSIS

Simply put, Aragon is ignorant on this issue. He does not know the difference between a “sanctuary city” versus an “immigrant friendly” city, and there is a huge difference. The use of the term “sanctuary city” is a tried-and-true ploy by Der Führer Republicans to gin up hostility towards minorities, especially the undocumented.

The City is not and has never been a “sanctuary city”. Since 2001, city councils have never enacted a sanctuary city ordinance.

A “sanctuary city” denies cooperation with federal immigration officials and does not use city law enforcement resources to identify or apprehend illegal immigrants and does not use city law enforcement resources to enforce immigration laws.

An “immigrant friendly” city is one that implements “welcoming city” policies and does not provide for city enforcement of federal immigration laws and addresses city services including licensing and housing and the focus is to create inclusive, immigrant friendly and welcoming policies.

In 2001 the Albuquerque City Council enacted a resolution that declared Albuquerque an “immigrant friendly” city. An interesting note is that the ordinance was sponsored by Republican and very conservative City Councilor Hess Yntema whose wife is a naturalized American citizen from South America. Yntema served 2 terms on the city council representing the South East heights area that has the largest population of immigrant’s in the city.

Albuquerque’s “immigrant friendly” designation welcomes immigrants to the city and is largely symbolic and that was no mistake. Yntema, as well as his son, are respected attorneys in Albuquerque. In February, 2017, the City Council enacted a symbolic memorial that reaffirmed that Albuquerque’s “immigrant friendly” status, but not as a “sanctuary city”.

Policies and programs that Aragon likely is referring to that he opposes is the “Office of Equity and Inclusion”, which is the former Human Rights Office and the Office of Immigrant & Refugee Affairs. Both offices are critical to a city as diversified as Albuquerque, but Aragon no doubt feels the city is helping the undocumented who should be arrested and deported for seeking refuge in the United States.

2. ARAGON IS OPPOSED TO HIRING BONUSES THE CITY OFFERS NEW EMPLOYEES IN CERTAIN HARD-TO-FILL MUNICIPAL GOVERNMENT JOBS

EDITOR’S COMMENTARY AND ANALYSIS

What Aragon did not make clear is that he is targeting the bonuses being paid to recruite Albuquerque police officers. He has also objected to the excessive overtime paid to police and did so at the last debate between the candidates. The hardest to fill municipal government jobs are sworn police. For the last 12 years APD has been unable to keep up with APD retirements, let alone grow to the 1,200 full time sworn police the city needs to deal with crime. Currently APD has 950 sworn police with APD having an annual budget of $220 million which includes funding for 1,100 sworn police. Aragon’s opposition no doubt includes the recent hiring bonuses being offered of $15,000 to lateral police hires, $5,000 to new cadets and $1,500 for new police service aides. Recruitment of new officers has been difficult to the point that APD is now offering the hiring bonuses.

3. ARAGON IS OPPOSED THE ECONOMIC DEVELOPMENT INCENTIVES PROVIDED TO COMPANIES LIKE NETFLIX

EDITOR’S COMMENTARY AND ANALYSIS

Aragon’s opposition to economic development incentives such as NETFLEX is a reflection of just how little he knows about the issue of economic development. It is very critical for the city to diversify its economy and wean itself off of federal government funding. Such incentives have worked very well not only for the city but the state as well as represented by the Netflex deal and the NBC deal.

THE NETFELEX DEAL

On October 8, 2018, it was announced that Netflix was buying Albuquerque Studios. The State contributed $10 million of Local Economic Development Act funds. The City of Albuquerque contributed another $4.5 million of Local Economic Development Funds. Originally it was estimated that at least 1,000 well-paying jobs per year will be created. The jobs will run the gamut of film and TV production work, most of which is project-based contract labor. Many of the jobs are expected to pay $70,000 a year. The purchase deal also calls for $1 billion worth of production spent over 10 years which will have a dramatic effect on the City and State economies.

On November 23, 2020, it was reported that Netflix will be expanding its presence in New Mexico by more than 10 times as it already exists by adding 300 acres to its existing 30-acre property located at Mesa Del Sol at the South border of the City. Netflex said it intends to make Albuquerque its North American production headquarters. The expansion comes a mere 2 years after the media giant purchased the ABQ Studios.

THE NBC DEAL

On July 22, 2019, NBC Universal announced it would open a studio in Albuquerque as part of a 10-year venture. The media giant took over and renovated and created sound stages at a vacant industrial building south of I-40 on Commercial Street, north of downtown in the vicinity of historic Martinez town. The media giant is expected to provide more than 330 full-time jobs year-round at the film studio.

NBC Universal employees earn about $58,000 a year which is a far cry from the minimum wage jobs the city is use to announcing with the arrival of new businesses. The studio operation is projected to generate an economic impact of $1.1 billion over a 10-year period.

The state’s Economic Development Department is providing $7.7 million through the Local Economic Development Act (LEDA) to the redevelopment and production commitment. The City of Albuquerque will provide another $3 million from its LEDA fund which was approved by the Albuquerque City Council on June 17, 2019 by a unanimous vote.

RETURN ON ECONOMIC DEVELOPMENT INCENTIVES

On Thursday June 24, 2021, the Lujan Grisham Administration announced that the New Mexico film industry has brought in $623 million in what is known as a “direct spend” with one week left to go in the fiscal year. The film industry broke the record of $525.5 million set in fiscal year 2019. In fiscal year 2020, the film industry had a direct spend of $386.8 million despite the closure of the state during the pandemic. NBCUniversal has been able to kept production going during the pandemic.

According to the New Mexico Film Office, there have been 28 productions announced by the film office during the 2020-2021 fiscal year. The number of New Mexico crew hired for the 28 productions is 3,302 with 986 New Mexico actors within those productions. The biggest impact is with background actors, which is 7,963 New Mexicans hired.

Contributing to the record-breaking year, there are film production public-private partnerships with NBCUniversal and Netflix. Both have signed a 10-year commitment to bring film and TV projects to the state.

In addition to making the announcement on the $623 direct spend, Governor Michelle Lujan Grisham participated in the official opening for NBCUniversal’s production facility in Martinez town.

4. ARAGON IS OPPOSED TO THE $133 MILLION ALBUQUERQUE RAPID TRANSIT PROJECT. ARAGON WENT SO FAR AS SAYING HE WOULD EVALUATE AND DISMANTLE THE BUS LINE IF IT IS COST COST-EFFECTIVE

EDITOR’S COMMENTARY AND ANALYSIS

This is Aragon trying to pick low hanging and now rotting on the vine fruit. Aragon sat behind a microphone beating his jaw and gums on the ART Bus project on his program with many, many others taking time to attend city council meetings, public hearings in city council districts, attended federal court hearings on an injunction to stop Berry’s legacy project and even donated money to help oppose the project. Despite all the efforts to stop the ART Bus project, it was futile and it was completed. ART has completely destroyed historical route 66 and put a lot of people out of business. Now Aragon says he would “evaluate” dismantling the bus line if it is cost cost-effective. Aragon apparently does not know that has already been rendered moot and Mayor Keller announced the cost would be at least the $133 million to return central to what it was before construction of ART and that is why Keller decided to finish the project which took 2 years of Keller’s 4 year term.

5. ARAGON QUESTIONS THE “WISDOM” OF OPENING THE GATEWAY CENTER HOMELESS SHELTER AT THE LOVELACE GIBSON HOSPITAL COMPLEX ON GIBSON AND PURCHASED BY THE CITY. HE ALSO QUESTIONED THE CITY’S INVESTMENT IN OTHER GOVERNMENT INVESTMENTS IN HOMELESS SERVICES. ARAGON WENT SO FAR AS SAYING HE WANTS TO “RECRIMINALIZE” HOMELESSNESS SO THAT THE CITY’S APPROACH INCLUDES “PENALTIES IN ADDITION TO HELPING” PEOPLE WHO LIVE ON THE STREETS

EDITOR’S COMMENTARY AND ANALYSIS

Aragon went out of his way to note that his grandmother experienced homelessness ostensibly as a showing he understands the homeless crisis but nonetheless said:

“I think the solutions that we’ve proposed thus far have not reduced the level of homelessness.”

What kind of crazy talk is “recriminalize” homelessness? It’s never been illegal to be homeless in this country, but Aragon wants to change it. Now that’s the ticket for Eddy Aragon to win the Mayor’s race: do a homeless sweep and arrest, charge and convict the homeless in order to warehouse them behind bars. No doubt Aragon thinks that jail will give the homeless a safe place to live, sleep, and be provided 3 meals a day. As an added measure, we need to arrest, prosecute and jail grandma to bring down the city’s spiking homeless count. Argon appears to be ignorant to the fact that voter’s approved in $15 Million in bonds in 2020 for the specific purpose of building a 24-7 homeless shelter. He also failed to say what he would do to reduce homelessness, except of course to prosecute and jail and shoot his mouth off.

6. ARAGON SAID HE WILL DO WHATEVER HE CAN TO FIGHT POTENTIAL FUTURE PANDEMIC-RELATED BUSINESS LOCKDOWNS

It’s very embarrassing, if it were not so damn crazy, that Aragon would say he will do whatever he can to fight potential pandemic-related business lockdowns. The truth is that as Mayor there is absolutely nothing Aragon can do to stop such closures if they are in fact ordered again. If he tries, he will likely be slapped silly with a civil lawsuit and then be fined for violating public health care closure orders.

The New Mexico “Public Health Act” (NMPHA), and the “Public Health Emergency Response Act” (PHERA) give the Governor broad powers to mandate closures.

Links to review the entire Public Health Act can be found are here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

Link to the New Mexico Public Health Emergency Response Act are here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

It is recommended that Aragon pick up the phone and call Grants Mayor Martin “Modey” Hicks who vowed to defy the governor’s lockdown orders that shuttered nonessential shops to prevent the spread of the coronavirus. On May 28, 2020, the New Mexico Supreme Court granted the writ against the unhinged Grants Mayor Hicks that was sought by Attorney General Hector Balderas, prohibiting him from operating city facilities in defiance of state public health orders and prohibiting him from issuing directives that contradicted the health care orders. The New Mexico Supreme Court ruled that the New Mexico Department of Health has the authority to enforce emergency public health orders and may issue a civil penalty of $5,000 per day.

https://www.abqjournal.com/1460567/court-grants-mayor-must-follow-health-orders-ex-mayor-had-urged-local-businesses-to-defy-the-governors-ruling.html

https://www.cbsnews.com/news/coronavirus-grants-new-mexico-mayor-martin-hicks-showdown-police-lockdown/

7. ARAGON SAID HE WOULD OPPOSE A VACCINE MANDATE FOR THE CITY’S WORKFORCE

EDITOR’S COMMENTATY AND ANALYSIS

This is not at all surprising given Aragon’s denial of science.

“Nearly all COVID-19 deaths in the U.S. now are in people who weren’t vaccinated, a staggering demonstration of how effective the shots have been and an indication that deaths per day — now down to under 300 — could be practically zero if everyone eligible got the vaccine. An Associated Press analysis of available government data from May shows that “breakthrough” infections in fully vaccinated people accounted for fewer than 1,200 of more than 107,000 COVID-19 hospitalizations. That’s about 1.1%.”

The link to the complete quoted article is here:

https://www.cnbc.com/2021/08/23/fda-pfizer-biontech-covid-vaccine-wins-full-approval-clearing-path-to-mandates.html

https://apnews.com/article/coronavirus-pandemic-health-941fcf43d9731c76c16e7354f5d5e187

On August 28, during a Near North Valley Coalition Mayoral forum held live in real time and posted on Youtube, Aragon boasted to the audience he has not been vaccinated as he pandered to Der Führer Republican voters. The single most obscene argument made by Aragon during the debate for not taking the vaccine was his sick or very warped use of the term “my body, my right to choose” a term used by people who support the “right to choose” when it comes to abortion. A person has every right to choose not to take any vaccine to protect themselves from a disease, but there is absolutely no constitutional right to catch a contagious disease and then spread it to others resulting in death. A woman’s right to choose should never be compared on the same level as receiving inoculation for a contagious disease.

The You Tube link to the debate is here:

https://www.youtube.com/watch?v=4MNNOYT9wYs

MANDATORY VACINATIONS CAN BE ORDERED BY GOVERNMENT

It was in 1905 that the United States Supreme Court in the case of Jacobson v. Massachusetts, (Citations: 197 U.S. 11 (more)25 S. Ct. 358, 49 L. Ed. 643, 1905 U.S. LEXIS 1232) where the justices held that a health regulation requiring smallpox vaccination was a reasonable exercise of the state’s police power that did not violate the liberty rights of individuals under the 14th Amendment to the U.S. Constitution.

Theoretically, but not at all likely, is that Governor Michelle Lujan Grisham and the Department of Health could issue mandatory health care orders that all those who reside in New Mexico must get the vaccine, and it would be within the powers granted by the New Mexico legislature and the the New Mexico “Public Health Act” (NMPHA), and the “Public Health Emergency Response Act” (PHERA). Further, the Albuquerque City Council could enact a resolution that mandates all city employees must get the vaccine as a condition of employment.

The link to a related blog article entitled “Over 100 years Of Government Mandated Vaccines And Masking Mandates In The Context Of Employment, Religion, Disability And The Schools” is here:

https://www.petedinelli.com/2021/08/24/over-100-years-of-government-mandated-vaccines-and-masking-mandates-in-the-context-of-employment-religion-disability-and-the-schools/

8. ARAGON SAID HE WOULD NOT FIGHT THE FEDERAL COURT APPROVED SETTLEMENT AGREEMENT THAT MANDATES REFORMS WITHIN THE ALBUQUERQUE POLICE DEPARTMENT. HE DID SAY THE CITY NEEDS TO HASTEN COMPLIANCE IN ORDER TO GET PAST THE COURT OVERSIGHT

EDITOR’S COMMENTARY AND ANALYSIS

Aragon said about the settlement: “it’s something that we have to do, and we should shut up about it.”

This is the only issue that Aragon seems to understand to a limited extent and what needs to be done. For the last 6 years, the city has been struggling to implement the 271 agreed to and court ordered reforms all the while APD command staff and the police union has resisted. At least Aragon understands that you have to do what a federal court has ordered.

FINAL COMMENTARY AND ANALYSIS

The race for Mayor has change dramatically in just a few weeks on a number of levels. City races are officially nonpartisan, but that has not been the case for a number of decades. Aragon is the only Republican who qualified for the mayoral ballot and is now running against Progressive Democrat Incumbent Tim Keller and Conservative “Democrat in Name Only” Sheriff Manny Gonzales who is running on a “law and order” platform and consolidating APD and BCSO, something he has no power as Mayor to do.

EDDY ARAGON

Aragon is a staunch supporter of Der Führer Trump. Aragon is as qualified to be Mayor of Albuquerque as was Der Führer Trump was to be President, which is not qualified at all. Aragon would be just as big of a disaster as the Trump crazy. Aragon with his talk show is on the same level as FOX News and the likes of Sean Hannity. Aragon enjoys badgering and taking issue with anyone who is Democrat or he considers progressive. There is no doubt that the Der Führer Republican voters in the city will be far more likely to vote now in the Mayor’s race and vote for Aragon. Aragon ostensibly is not aware that the City Charter makes the Mayor a full time job and he can not be employed by his radio station and do his daily ramblings. The problem Aragon has is that despite what he may think, he is not as popular in the Republican Party as he thinks he is. Within the last year, Aragon ran and lost the race for State Party Chairman against Steve Pierce and ran and lost the Republican Party’s nomination to Mark Moores in a special election to determine the Albuquerque area’s representative in the U.S. House of Representatives.

SHERIFF MANNY GONZALES

Gonzales brings to the table his law enforcement credentials, but that’s it. He is well-known for his opposition to civilian oversight and inability to work with other elected officials, often being at odds with the County Commission and the District Attorney’s Office. As mayor, Manny Gonzales will not listen to nor work with the City Council, let alone respect the Police Oversight Board and the Community Policing Councils. Gonzales is a throwback to the way law enforcement was many years ago before the Black Lives movement. He failed to keep up with the times by implementing constitutional policing practices within BCSO. He opposes many of the DOJ reforms. When Gonzales says, “I answer to the people who voted me into office” he is saying he answers only to those who support him.

After Gonzales traveled to the White House last summer to appear with Der Führer and after working and appearing with former Republican Attorney General William Barr, Gonzales became “persona non gratis” within the Democratic Party to the point some within the party demanded he resign. He is now considered a Democrat In Name Only (DINO). Gonzales appearing on FOX News to oppose Governor Michelle Lujan Grisham’s public health orders also alienated many Democrats.

On December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaimed he would not enforce “unconstitutional laws” when it comes to the corona virus pandemic. Gonzles does not understand that a badge does not give him a license to practice law. In a video posted to YouTube, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:

“I choose to direct this agency’s time and resources to the laws deemed to keep people free of crime. … Overreaching restrictions will harm our community. For that reason, we will not follow along with any orders that subvert constitutional rights.”

A link to the YouTube Video is here:

https://www.youtube.com/watch?v=v95B1lpt_PM

It’s no secret that Manny Gonzales was attempting to build a coalition of conservative democrats, Independents and traditional Republicans and include Der Führer Trump Republicans. Eddy Aragon is adopting the same coalition strategy as Gonzales.

MAYOR TIM KELLER

Keller is the front runner because of incumbency, but that may not last long if the race continues to get as ugly as it already is with ethics complaints being exchanged between Keller and Gonzales who both have a history of being ethically challenged. Over the last 4 years, Mayor Keller’s accomplishments have been less than stellar. The city’s high murder rate is rising even further. Violent crime has only gotten worse with the killing of 13-year-old by another 13-year-old boy in a school yard who took his dad’s gun to school and with APD officers now being shot 4 at a time as they try to make an arrest. Keller has not come close to the change he promised in 2017. After being elected, Keller signed a tax increase after promising not to raise taxes without a public vote. Keller failed to make the sweeping changes to the Albuquerque Police Department, and his promised implementation of the DOJ reforms stalled so much that he fired his first chief. Keller has appointed Harold Medina – who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes – permanent chief. Keller is not even close to reaching the 1,200 sworn police officers promised nor to community-based policing. Keller’s promise to bring down violent crime never materialized and four programs to bring down violent crime have failed. For 4 years, murders have hit an all-time record, with many still unsolved. But what the hell, we got a Mayor who wants the public to pay for and build a $60 million dollar soccer stadium so he can run around reliving his high school glory days.

CONCLUSION

The city is facing any number of problems that are bringing it to its knees. Those problems include the coronavirus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murder rates, continuing mismanagement of the Albuquerque Police Department, failed implementation of the Department of Justice reforms after a full six years and millions spent, declining revenues and gross receipts tax, increasing homeless numbers, lack of mental health programs and little to no economic development actually being done by the city.

With all 3 of the candidates for Mayor, what we will get is a continuation of mayor who makes promises and offers only eternal hope for better times that result in broken campaign promises. We will not be getting a mayor who actually knows what they are doing, who can make the hard decisions without an eye on the next election. With all 3, we will get a Mayor that will make decisions only to placate their base and please only those who voted for them.

There are way too many reasons that a Mayor Manny Gonzales or a Mayor Eddy Aragon would be an absolute disaster for the city as Mayor. You do not replace one disaster with an even bigger law enforcement disaster such as Gonzales or a Der Führer Trump Republican such as Eddy Aragon. Voters now have the choice of the lesser of 2 evils and 1 Der Führer Republican Party Trumpster. Voters will likely be more comfortable keeping the disaster and failure we already have as Mayor.

Links to related blog articles are here:

Der Führer Trump’s Favorite Democrat Sherriff Manny Gonzales Runs For Mayor; A DINO And Law Enforcement Dinosaur

APD Police Union President Willoughby “Gaslights” And Falsely Shouts Fire In A Crowded Theater To Promote His Big Lies

Posted on August 25, 2021 by Pete Dinelli

On Friday, August 21, the Albuquerque Police Department released the names of the 4 police officers that were seriously injured in the line of duty on August 19 responding to an armed robbery by the Dutch Bros. near Mountain and Juan Tabo. 3 of the officers are still hospitalized, with one in critical condition, the 4th has been treated for his injuries and released.

Two suspects are in custody related to the incident with one charged. APD Police has charged a person identified as James Ramirez, 27, of Los Angeles with three counts of aggravated battery against a police officer, armed robbery, possession of a firearm by a felon and resisting, evading or obstructing an officer. Ramirez has no criminal history in New Mexico but, according to court records, is a convicted felon in California served time and is on probation.

A link to a related blog article on the incident is here:

https://www.petedinelli.com/2021/08/20/officer-down-1-apd-officer-in-critical-condition-3-officers-wounded-2-suspects-arrested-with-1-injured-man-charged-with-felonies-chief-medina-blames-justice-system-union-blame/

INJURED OFFICERS IDENTIFIED

All 4 of the injured officers have each been with APD for more than 10 years. They are Mario Verbeck, James Eichel Jr., Harry Gunderson, and Sean Kenny

Officer Mario Verbeck: It was Verbeck who dispatched to the call. He was shot in the neck and arm. On Friday, August 20, he remained in critical condition at the University of New Mexico Hospital. Officer Verbeck is a a 17-year veteran with the department and joined the department in2004.

Officer James Eichel Jr.: Eichel was sent to assist Verbeck on the call. He was shot in the forearm and is still hospitalized. He has been with APD since 2009.

Officer Harry Gunderson: He was struck in the eye by shrapnel. He has been with the department since 2004.

Sgt. Sean Kenny: He was shot in his bulletproof vest, sustained minor injuries and was released from the hospital. He has been with APD since 1999.

CHIEF HAROLD MEDINA REACTS

APD Chief Harold Medina said in a news release:

“We are incredibly grateful to the physicians and all the hospital staff at UNMH. … We continue to pray for the recovery of the brave officers who put their lives in harm’s way to keep the public safe.”

APD UNION PRESIDENT REACTS

Shaun Willoughby, President of the Albuquerque Police Officers’ Association, said all 4 police officers injured are senior officers and are all highly respected by all other sworn police and said:

“I would be praying that one of these guys or all of these guys were there to assist me if faced with the same situation [as the robbery victim.] … They dedicated their lives to serving this community, they are proud Albuquerque police officers. And it’s important to understand they’re not just officers, these are fathers, husbands, I’m sure they have been coaches. They’re just very, very good men, all of them.”

Willoughby then went on to state that police officers are angry about an upswing in violent crime and frustrated by understaffing, politicians and the court-ordered reform efforts. Willoughby had this to say:

The link to the quoted news source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

Willoughby added that over the years laws passed through the legislature have prevented officers from not only doing their jobs but have led to dozens of officers quitting.

WILLOUGHBY’S FALSE CLAIMS THAT SPECIAL ORDER TOOK AWAY POLICE DISCRETION

When Willoughby claims “officers carry around a little card with a list of misdemeanors that they can’t even arrest people on” he ostensibly is referring to a memo dated May 10, 2018. It is a memo addressed to all sworn APD personnel by then APD Chief Gorden Eden issuing Department Special Order 17-53. The Special Order states that “all officers shall issue citations when appropriate in lieu of arrests on non-violent misdemeanor offenses.” According to the memo, “officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses when there are no circumstances necessitating an arrest.”

Special Order 17-53 was then made SOP 2-80 that deals with arrests on misdemeanor cases. SOP 2-80 can be found below in the postscript. APD publishes on line all the departments Standard Operating Procedures (SOP). The link is here:

https://documents.cabq.gov/police/standard-operating-procedures/2-80-arrests-arrest-warrants-and-booking-procedures.pdf

The new Special Order 17-53 directive was a result of the 20-plus year McClendon Lawsuit that was settled by a federal judge. That lawsuit, filed against the city and Bernalillo County by an inmate arrested for a non-violent misdemeanor, primarily focused on the conditions within the county lockup. At the time the lawsuit was filed, the then Bernalillo County detention center had a maximum capacity of 800, but the jail was repeatedly overcrowded with as much as twice that capacity. The misdemeanor offenses affected by the special order include criminal trespass, criminal damage to property under $1,000, shoplifting under $500, shoplifting under $250, prostitution, and receiving or possessing stolen property under $100. The policy remains in place to this day.

The memo elaborates that officers may make an arrest if it is necessary, but will have to include the reasons why in an incident report. The letter states that officers have the opportunity to take offenders wanted for non-violent misdemeanor offenses to Metropolitan Court to resolve warrants or fines instead of hauling them off to jail. However, the arrested individual must have the full amount of the fine or bond in cash. Those arrested also cannot go through a bonding agency.

At the time the Special Order was issued, City and police officials pointed out that it made no changes to police policy. APD Chief Jerry Galvin in 2001 issued a similar order, and since then department policy has been to advise officers to issue citations for such crimes where appropriate, and officers have discretion in deciding when to arrest someone. According to then City Attorney Jessica Hernandez:

“If there is any part of a situation that makes an officer think an arrest is warranted, they’ll make the arrest.”

At the time the special order was issued, then Assistant Chief Robert Huntsman also issuing a statement:

APD further made it clear the order would not affect DWI arrests. The special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.

When the special order was first issued, Willoughby falsely proclaimed:

It was simply false and misleading for Willoughby to say that officers lost the discretion when dealing with misdemeanor offenses. The truth is and has always been APD police officers have the discretion to make arrests when they deem it necessary. For the past 4 years, the special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.

The link to quoted source material is here:

https://www.krqe.com/news/officers-to-issue-citations-instead-of-making-arrests-for-non-violent-misdemeanors/

https://www.koat.com/article/apd-no-longer-to-make-arrests-for-non-violent-misdemeanor-crimes/9662869

https://www.abqjournal.com/1006784/apd-citations-ok-for-some-crimes.html

WILLOUGHBY’S PATTERN OF CONDUCT

The year 2021 has become a banner year for APD Union President Shaun Willoughby to undercut APD policy and the Court Approved Settlement Agreement by use of false and misleading statements.

In a February 11, 2021 target 7 news Willoughby had this to say:

“The whole [reform effort] system is set up to fail and the taxpayers and the people that live in this community like me and my family are the ones that are taking the brunt of [violent crime]. … Really look at this process. … It is absolutely out of control. … The entire department and the processes within it are out of control. Your officers are running out the door. Really look at every single state or agency that’s been involved in this process. … What is happening? Did it bring harmony and trust with the community? I don’t think so.”

Links to news sources quotes are here:

https://www.abqjournal.com/2384284/apd-union-launches-campaign-against-doj-oversight.html

https://www.kob.com/new-mexico-news/albuquerque-police-union-starts-campaign-to-push-back-against-doj-requirements/6087348/

https://www.koat.com/article/as-murder-rate-climbs-apd-union-launches-campaign/36257496

https://news.yahoo.com/apd-union-launches-campaign-against-040100177.html

https://www.petedinelli.com/2021/04/27/police-union-spends-70000-to-discredit-federal-court-order-after-impeding-and-resisting-apd-reforms-for-6-years-tactic-likely-grounds-for-contempt-of-court-by-a-party-for-interfering-with-court/

It was on April 27, 2021 when it was widely reported that the police union launched a $70,000 political ad campaign to discredit the Department of Justice (DOJ) mandated reforms. The ad campaign said the police reforms are preventing police officers from doing their jobs and combating crime and actually increasing crime.

The Police Union political ad campaign consisted of billboards around the city and testimonials on TV, radio and social media from former Albuquerque Police Department officers. The public relations campaign is urging the public to tell city leaders that crime matters more than the Police reforms mandated by the settlement. The political ad campaign included providing an email template for people to use and contact civic leaders. The template says APD has made progress with the reforms and says we are “tired of living in a city filled with murder, theft and violence. … I’m urging you to fight for this city, stand up to the DOJ, and help us save the city we love, before it’s too late. ”

Police Union President Shaun Willoughby described the need for the political public relations campaign this way:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both. We think it’s time that our city leaders hear from the public that crime matters more because it does. … They want to focus on the growing crime problem, instead of wasting millions of dollars on endless Department of Justice oversight. … This conversation of reform needs to come back to common sense. … Right now, the City of Albuquerque capitulates to everything the DOJ wants and that might not necessarily be the right direction for the City of Albuquerque. … You don’t need enemies when you have friends like the city attorney. … We believe that our community deserves better from this police department. … We believe our community deserves better from this consent decree process.”

“[We are asking] for the city of Albuquerque to stand up and support Albuquerque police officers and support common sense reforms that allow our officers to succeed. … . We’re talking about the bureaucracy of police officers being taken off the street because somebody that was not used force on said “ow”. And how that impacts this community, our ability to respond to the community and this community’s ability to control crime. Your Albuquerque police officers are terrified that they will lose their job for simply doing their job and it’s not fair.”

The APOA also used its FACEBOOK page to get the word out with one post saying:

“Are you tired of the growing crime problems facing the city of Albuquerque? Are you tired of break-ins, stolen cars, vandalism, theft and murder being part of everyday living in our community? Then do something! If you don’t speak up and get involved right now, things will get worse. Tell your City leaders that you care more about fighting crime then than wasting millions on endless Department of Justice oversight. Share and make your voices heard because crime matters more.”

COMMENTARY AND ANALYSIS

The citizens of Albuquerque owe Officers Mario Verbeck, James Eichel Jr., Harry Gunderson, and Sean Kenny a tremendous thank you, gratitude and appreciation. Each one is thanked for the decades of dedicated service they have given to the city. With their actions on the day they were injured, it is clear that they embody the true meaning of APD’s motto of to “serve and protect.” Many thanks to each one of them and best wishes for speedy recoveries, safe return to their families and best wishes to their families who have also been through a lot.

APD UNION PRESIDENT GASLIGHTS TO PROMOTE BIG LIES AND POLITICAL AGENDA

United States Supreme Court justices Oliver Wendell Homes (December 4, 1902 – January 12, 1932), who wrote many opinions on civil liberties and American constitutional democracy, opined that freedom speech does not give anyone the right to “falsely shout fire in a crowded theater”. For the last 6 years, all APD Police Union President Shaun Willoughby has done is falsely shout fire when it comes to APD, the Court Approved Settlement Agreement reforms and standard operating procedures he opposes.

Rather than simply conveying his support and commendation to the 4 police officers who were injured and expressing support to their families, APD Police union president Shaun Willoughby just could not resist into descending into the sinister world of gaslighting to promote his “big lies” to the general public. Willoughby is reckless and insults the 4 police officers who were shot in the line of duty when he attributes the upswing in violent crime on the federal court-ordered reforms efforts when he says:

“It’s officers that are hesitating to do their job because they don’t want to get in trouble. … It’s the brazen acts of criminals that know that Albuquerque police officers are handcuffed … We have stepped away and de-policed this city.”

The police unions own attorneys have said in open court twice that the federal reform mandates have not contributed to the city’s violent crime, yet Willoughby repeatedly promotes his “big lie” in an effort to undermine the consent decree and get it dismissed.

OFFICERS DID THEIR JOBS AND DID IT HONORABLY

The 4 injured officers were indeed doing their jobs. Their heroic actions reflect they were not afraid to “get in trouble” as Willoughby suggests or implies with his news station interviews. All 4 of the officers followed constitutional policing practices as trained using deadly force to defend themselves and to take suspects into custody.

The 4 officers lapel cameras were on and what happened was recorded and the recording will likely be released very soon. Mandatory use of lapel cameras is part of the settlement.

Under the Federal Court Approved Settlement Agreement (CASA), there was a complete rewrite of APD’s use of force and use of deadly force policies. Willoughby was at the bargaining table when the use of force and deadly force policies were written. Willoughby obstructed the process of writing the policies for a year making objections and mandating changes. All of APD sworn officers have been trained on the constitutional policing practices and the new policies that Willoughby helped write.

The use of the term “de-police” by Willoughby is irresponsible. This is blatantly false given that APD has the biggest budget of all city departments with an approved budget of $222 million and includes funding for 1,100 sworn police. For decades, APD’s budget has never been cut but only increases. The term “de-police” used by Willoughby is nothing more than a “dog whistle” or a buzzword used in an effort stoke fear and anger amongst the community.

Simply put, the term “de-police” is a sinister play on words that the city has become part of the “defund the police” movement started by the Black Lives Matter movement. The “defund the police movement” has spread across the United States as a result of the killing of African American George Floyd who was killed by Minneapolis Police Officer Derick Chauvin who was charged and found guilty of murder and sentenced to 22 ½ years in prison.

SIX YEARS OF OBSTRUCTION

One thing is for certain, during the past 6 years Willoughby and some police union members have done everything they can to undercut the police reforms brought on by the Department of Justice (DOJ) investigation that found a “culture of aggression” and repeated use of deadly force and excessive use of force.

The Federal Court Appointed Monitor has labeled the union interference with the reforms as the “County Casa Effect”. The Federal monitor has defined the Counter Casa Effect as a group of “high-ranking APD officers” who are union members and hold the ranks sergeants and lieutenants and who are thwarting the settlement reform efforts. 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”.

FINAL COMMENT

Union President Shaun Willoughby has reached an all-time sinister low in his public relations campaign to discredit the DOJ reforms by using the tragedy of 4 of his union members being shot and essentially blaming it on the DOJ consent decree.

There have been way too many times that Willoughby has shot his mouth off proclaiming his right to freedom of speech and falsely yelling fire in a crowded theater. Willoughby needs to knock it off because he dishonors the work of the 4 police officers who were injured when he essentially says they were afraid to do their jobs for fear of being disciplined.

________________________

POSCRIPT

It is SOP 2-80 that deals with arrests on misdemeanor cases. SOP 2-80 provides in part:

2-80 ARRESTS, ARREST WARRANTS AND BOOKING PROCEDURES

2-80-1 Policy Department policy is to arrest a felony violator of laws which its officers are empowered to enforce. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. In all cases, officers shall follow correct legal procedures required in arresting, booking, and filing charges against such violators.

2-80-2 Rules Procedures

A. Felony Arrest Authority. …

B. Petty Misdemeanor/Misdemeanor Arrest Authority

2. When exigent circumstances justify the arrest.

C. Use of the Metropolitan Court Bonding Window

4. The bonding window will accept all misdemeanor warrants including out-of-county warrants.

5. The bonding window does not deal with felony charges or cases.

6. The bonding window accepts cash only – credit cards, debit cards or checks are not accepted.

8. Officers should check to see if the person has cash before taking that person to the bonding window. Officers should not wait for the person to get money from a friend, relative or acquaintance.

9. Metropolitan Court requests officers to have their agencies fax the warrant to the bonding window prior to arriving with the person.

10.Once the person completes the transaction at the bonding window, the officer may take that person back to their previous location if time or the situation permits.

https://documents.cabq.gov/police/standard-operating-procedures/2-80-arrests-arrest-warrants-and-booking-procedures.pdf

Over 100 years Of Government Mandated Vaccines And Masking Mandates In The Context Of Employment, Religion, Disability And The Schools

Posted on August 24, 2021 by Pete Dinelli

The link to the complete quoted article is here:

https://apnews.com/article/coronavirus-pandemic-health-941fcf43d9731c76c16e7354f5d5e187

VACCINE GETS FDA APPROVALE

On Monday, August 23, The Food and Drug Administration (FDA) granted full approval to Pfizer and BioNTech’s Covid-19 vaccine making it the first in the United States to win the coveted designation and giving even more businesses, schools and universities greater confidence to adopt vaccine mandates. Up until now, the mRNA vaccine, which will be marketed as Comirnaty, was on the U.S. market under an Emergency Use Authorization that was granted by the FDA in December. Since then, more than 204 million of the Pfizer shots have been administered, according to data compiled by the Centers for Disease Control and Prevention.

https://www.cnbc.com/2021/08/23/fda-pfizer-biontech-covid-vaccine-wins-full-approval-clearing-path-to-mandates.html

This blog article is an in-depth analysis of government mandated vaccines and masking mandates in the context of employment rights , religious rights, disability rights and the public schools.

DISCLAIMER: The materials and opinions offered herein under no circumstances are offered as definitive legal opinions to be relied upon as to individual circumstances relating to topics discussed. People wanting legal advice for employment, religious, work place disability accommodations and public school exemptions need to seek the services of an attorney.

VACINATION MANDATES

As COVID-19 vaccination rates have stalled in the United States especially with the emergence of the Delta variant, which is far more contagious and more deadly than the Covid 19 virus itself, mandatory vaccinations and talk of it are becoming more and more prevalent.

The United States military, the state of California, New York City, hospitals and nursing homes, colleges and universities and school systems throughout the country are mandating vaccinations from the covid virus especially with the emergence of the Delta variant as it spikes throughout the United States. Hospitalizations and deaths are reaching the same levels as last year at the beginning of the pandemic. Major employers such The Walt Disney Company, Wal Mart, Delta and United airlines, Goldman Sachs are all mandating vaccinations or proof of vaccination from Covid.

Other major corporations with vaccination mandates for employees include Facebook, Google, Twitter, Uber, Lyft, Morgan Stanley, Viacom CBS, Netflix, Ford motor company, Walgreens, Citigroup Bank, Saks, Microsoft, The New York Times, The Washington Post, Tyson Foods, Amtrak (17,500 employees), Anthem health care insurance, BlackRock, Cisco (tech and telecoms conglomerate), Door Dash food delivery service’s, Union Square Hospitality Group, Equinox fitness company, Facebook, Google, Ford motor company, and Jefferies just to mention a few.

The link to the news source is here:

https://www.nbcnews.com/business/business-news/here-are-companies-mandating-vaccines-all-or-some-employees-n1275808

Vaccine mandates in the United States have routinely been upheld by the United States Supreme Court upholding states’ rights to enforce such mandates as not being a violation of constitutional rights. Mask and vaccine requirements vary from state to state. State laws do often allow exemptions for certain medical conditions or religious or philosophical objections but with strict conditions.

EMPLOYERS CAN REQUIRE A CORONAVIRUS VACCINE AS A CONDTION OF EMPLOYMENT

Simply put, the resounding answer is YES that employers can require a coronavirus vaccine as a condition of employment. The employee must decide to either quite or be fired.

“Private companies and government agencies can require their employees to get vaccinated as a condition of working there. Individuals retain the right to refuse, but they have no ironclad right to legal protection [from being terminated, especially if they are “at will” employees with no employment contract giving them a vested right or property right in their job.].

“Those who have a disability or a sincerely held religious belief may be entitled to a reasonable accommodation under civil rights laws, so long as providing that accommodation does not constitute an undue hardship for the employer,” said Sharon Perley Masling, an employment lawyer who leads the COVID-19 task force at Morgan Lewis. Employees who don’t meet such criteria “may need to go on leave or seek different opportunities,” she added. [In other words, an employee can quite or be fired.]

The U.S. Justice Department [has] addressed the rights of employers and workers in a legal opinion this week. It tackled an argument raised by some vaccine skeptics that the federal Food, Drug & Cosmetic Act prohibits employers from requiring vaccination with shots that are only approved for emergency use, as coronavirus vaccines currently are.

Department lawyers wrote that the law in question requires individuals be informed of their “option to accept or refuse administration” of an emergency use vaccine or drug. But that requirement does not prohibit employers from mandating vaccination as “a condition of employment.”

The same reasoning applies to universities, school districts, or other entities potentially requiring COVID-19 vaccines, the lawyers added. Available evidence overwhelmingly shows the vaccines are safe and effective.

The Justice Department opinion followed earlier guidance from the federal Equal Employment Opportunity Commission (EEOC) that federal laws prohibiting discrimination in the workplace “do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19.” The EEOC has listed some cases in which employers must offer exemptions. People who have a medical or religious reason can be accommodated through alternative measures. Those can include getting tested weekly, wearing masks while in the office, or working remotely.”

OPTIONS FOR EMPLOYEES IF THEY DON’T WANT TO TAKE THE VACCINE

“Most employers are likely to give workers some options if they don’t want to take the vaccine. For example, New York City and California have imposed what’s being called a “soft mandate” [where] workers who don’t want to get vaccinated can get tested weekly instead.

If an employer does set a hard requirement, employees can ask for an exemption for medical or religious reasons. Then, under EEOC civil rights rules, the employer must provide “reasonable accommodation that does not pose an undue hardship on the operation of the employer’s business.” Some alternatives could include wearing a face mask at work, social distancing, working a modified shift, COVID-19 testing or the option to work remotely, or even offering a reassignment.”

The link to quoted source material is here:

“COVID-19 vaccine mandates: Can employers require workers to get the shot?”

https://www.fox7austin.com/news/covid-19-vaccine-mandates-can-employers-require-workers-to-get-the-shot?

DISABILITY ACCOMMODATION

“If an employee refuses to obtain a vaccine [on disability or medical grounds], an employer needs to evaluate the risk that objection poses, particularly if an employer is mandating that employees receive a COVID-19 vaccine. …

A vaccination mandate should be job-related and consistent with business necessity. Under the ADA, an employer can have a workplace policy that includes “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”

If a vaccination requirement screens out a worker with a disability, however, the employer must show that unvaccinated employees would pose such a threat. The EEOC defines a “direct threat” as a “significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation.”

The agency said employers should evaluate four factors to determine whether a direct threat exists:

1. The duration of the risk.
2. The nature and severity of the potential harm.
3. The likelihood that the potential harm will occur.
4. The imminence of the potential harm.

If an employee who cannot be vaccinated poses a direct threat to the workplace, the employer must consider whether a reasonable accommodation can be made, such as allowing the employee to work remotely or take a leave of absence.

“Managers and supervisors responsible for communicating with employees about compliance with the employer’s vaccination requirement should know how to recognize an accommodation request from an employee with a disability and know to whom the request should be referred for consideration,” the EEOC said.

Employers and employees should work together to determine whether a reasonable accommodation can be made. Helene Hechtkopf, an attorney with Hoguet Newman Regal & Kenney in New York City, said employers should evaluate:

1. The employee’s job functions.
2. Whether there is an alternative job that the employee could do that would make vaccination less critical.
3. How important it is to the employer’s operations that the employee be vaccinated.”

The link to quoted source material is here:

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if-workers-refuse-a-covid-19-vaccination.aspx

RELIGIOUS ACCOMMODATION

“The Frist Amendment to the United States Constitution guarantees the right to Freedom of Religion. … [Notwithstanding] many courts have ruled that there is no constitutional right to either religious or philosophical exemptions. … [In] 48 states, laws have been passed that allow for an objection along religious grounds and more than a dozen states grant exemption and philosophical beliefs. … Some states require proof of membership in a recognized religion while others are satisfied with an affirmation of religious or philosophic opposition.

“Title VII [of the United States statutes annotated] requires an employer to accommodate an employee’s sincerely held religious belief, practice or observance, unless it would cause an undue hardship on the business. Courts have said that an “undue hardship” is created by an accommodation that has more than a “de minimis,” or very small, cost or burden on the employer.

The definition of religion is broad and protects religious beliefs and practices that may be unfamiliar to the employer. Therefore, the employer “should ordinarily assume that an employee’s request for religious accommodation is based on a sincerely held religious belief,” according to the EEOC. “However, if an employee requests a religious accommodation, and an employer is aware of facts that provide an objective basis for questioning either the religious nature or the sincerity of a particular belief, practice or observance, the employer would be justified in requesting additional supporting information.”

“If an employee cannot get vaccinated because of a disability or sincerely held religious belief, and there is no reasonable accommodation possible, an employer could exclude the employee from physically entering the workplace,” said Johnny C. Taylor, Jr., SHRM-SCP, the Society for Human Resource Management’s president and chief executive officer. “But this doesn’t mean an individual can be automatically terminated. Employers will need to determine if any other rights apply under the EEO laws or other federal, state and local authorities.””

The link to quoted news source material is here:

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if-workers-refuse-a-covid-19-vaccination.aspx

NEW MEXICO STATUTORY LAW ON SCHOOL IMMUNIZATION REQUIREMENTS

The New Mexico legislature has enacted the “Immunization Exemption Statute”, Sections 24-5-1 to 24-5-15 NMSA, that deals with exemptions from school and daycare immunization requirements. Section 24-5-2 makes it clear in no uncertain terms that it is unlawful to enroll in school children that have not been immunized and states in part:

“It is unlawful for any student to enroll in school unless he has been immunized, as required under the rules and regulations of the health services division of the health and environment department [department of health], and can provide satisfactory evidence of such immunization. … ”

The New Mexico Public Education Department and the Public Health Department have the authority to include corvid vaccinations in the list of mandatory vaccinations.

The statute, section 24-5-3 NMSA, allows for only 2 types of exemptions for children seeking exemption from required immunizations to enter school, childcare or pre-school: a medical exemption and a religious exemption.

The statute does NOT grant immunization exemptions for philosophical or personal reasons. The two exemptions are medical or religious.

If there is a medical reason for exempting immunization, a signed medical exemption must be obtained from a duly-licensed physician attesting that the required immunization would endanger the life of the child.

If there is a religious reason for exempting, the child’s parent or legal guardian must ask an officer and agent of the church to write a letter stating that the one seeking an exemption are a member of the church, and the church uses prayer or spiritual means alone for healing.

If access to a church officer is not possible, then the child’s parent or guardian must complete the Certificate of Exemption Form. The form requires a statement of the religious reasons for requesting to have a child exempted from immunization. Once a completed, notarized, original Certificate of Exemption Form is filed with the Department of Health, the Department has up to 60 days to notify the parent or legal guardian if the request is approved or denied.

Section 24-5-3 entitled “Exemption from immunization” also requires affidavits:

A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:

(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or

(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

B. Upon filing and approval of such certificate, affidavits or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavits or affirmation.

The links to the statutes are here:

The links to the statute are here:

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/section24-5-3/

OVER 100 YEARS OF VACCINE MANDATES UPHELD BY THE COURTS

“[Over a century] plenty have argued against the legality of vaccine mandates [even] reaching the Supreme Court many times. But the courts have routinely protected the rights of states to require vaccinations in the interest of public health.

In Jacobson v. Massachusetts, justices held that a health regulation requiring smallpox vaccination was a reasonable exercise of the state’s police power that did not violate the liberty rights of individuals under the 14th Amendment to the U.S. Constitution.

The Supreme Court recognized the possibility of adverse events following vaccination and the inability to determine with absolute certainty whether a particular person can be safely vaccinated. But it specifically rejected the idea of an exemption based on personal choice. Doing otherwise “would practically strip the legislative department of its function to [in its considered judgment] care for the public health and the public safety when endangered by epidemics of disease,” the Supreme Court said.

In Zucht v. King, the high court ruled against the plaintiff, who used a due process 14th Amendment challenge to argue against city ordinances that excluded children from attendance if they failed to prove vaccination. The Supreme Court of the United States ruled that “these ordinances confer not arbitrary power, but only that broad discretion required for the protection of the public health.”

The link to quoted news source material is here:

“History of vaccine mandates in the United States”

https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states

The United States Supreme court has said in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do.

In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws. The United States Supreme Court upheld the authority of Cambridge, Massachusetts, to require smallpox vaccinations when a Massachusetts minister, not on religious grounds, refused to get a vaccination for the disease.

The US Supreme Court’s decision was that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state. The court ruled that the state did have a right to legally require the vaccinations. The United State Supreme Court came down in favor of state governments being allowed to mandate vaccinations so long as it is reasonable to protect the public health, safety and welfare of citizens.

It is also well settled United States Supreme Court constitutional case law that the legislative branch can give the executive branch the authority to issue executive orders in times of national emergency over private enterprise. In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive.

The case involved President Harry Truman. Truman order seizing of the steel mills and directed the steel mill presidents to operate mills as managers for the United States during the Korean War. The Supreme Court found that Truman did not have the authority. The Supreme Court found that the President’s power, if any, to issue such an emergency order must stem either from an act of Congress or from the Constitution itself. Subsequent Supreme Court ruling have found that “executive power” of the President and by extension state governors to issue executive orders is whatever power the congress or the state legislators gives to them by enactment of legislation giving them those powers.

The link to a related blog article is here:

https://www.petedinelli.com/2020/05/17/gov-mlg-orders-35-million-in-emergency-funding-to-deal-with-pandemic-republicans-act-boneheaded-about-gov-mlgs-pandemic-health-orders-gop-needs-to-let-her-do-her-job/

LEGISLATURE HAS EMPOWERED GOVERNOR TO ACT

The general public and School Boards across New Mexico are also objecting mask requirements and vaccine mandates issued by the Public Education Department. The Albuquerque Public School Board had to suspend a meeting when protesters disrupted a meeting over the board debating issuing mask mandates. Members of the public spoke to the Las Cruces school board for more than an hour, with most parents railing against the district’s masking policy. In Carlsbad, citizens and elected officials demanded that the school district fight for control from the Public Education Department and do away with mask and vaccine requirements. In Aztec and in Torrance County, county commissioners recently passed a resolution supporting local control and the authority of school boards to make decisions in the best interest of their students, staff and parents.

https://www.abqjournal.com/2421655/new-mexico-school-districts-debate-masks-local-control.html

The school board that represents the rural Floyd School Board was suspended by the state Public Education Department (PED) for refusing to go along with state guidelines and not following the state public health orders. In a July 26 meeting the school board voted unanimously to make many COVID-19 mitigation requirements from the PED optional, including face masks, social distancing and advanced air filtration. Education Secretary Ryan Stewart warned the board it would face suspension if it did not rescind its July 26 decisions. On Friday, August 20, District Court Judge ruled against the Floyd District School Board members, who sought an injunction on their August 4 suspension by the Public Education Department.

https://www.easternnewmexiconews.com/story/2021/08/22/news/district-court-rules-against-floyd-board-members/169544.html

There are 2 major statutes that that empowers the Governor to issue public health orders to deal with the pandemic and which include both civil and criminal remedies for the government to enforce. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.”

“PUBLIC HEALTH ACT”

The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day.

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary. Those sections are:

Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued;
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.

CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT

The New Mexico Public Health Act also contains a criminal penalty provision that can be sought and enforced for violations of the Health Department orders. The state police issues criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail. The penalty provision of the Public Health Act provides as follows:

NMSA §24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.

Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.”

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day. Note that the actions for violations of the “Public Health Act” are criminal and that violations of the “Public Health Emergency Response Act” are civil.

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses an up to $5,000 fine per day. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

B. A state of public health emergency shall be declared in an executive order that specifies:

(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.

C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978].

D. A declaration of a state of public health emergency shall be terminated:

(1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or
(2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health.

E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.

CIVIL PENALTIES PROVIDED IN PUBLIC HEALTH EMERGENCY RESPONSE ACT

The “Public Health Emergency Response Act” is civil in nature and as such provides for enforcement by the Secretary of Health and for $5,000 civil penalties as follows:

“12-10A-19. Enforcement; civil penalties.

A. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act. A civil administrative penalty may be imposed pursuant to a written order issued by the secretary of health, the secretary of public safety or the director after a hearing is held in accordance with the rules promulgated pursuant to the provisions of Section 12-10A-17 NMSA 1978.

B. The provisions of the Public Health Emergency Response Act shall not be construed to limit specific enforcement powers enumerated in that act.

C. The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.”

Link to the New Mexico Public Health Emergency Response Act are here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

https://www.bernco.gov/uploads/files/PublicSafety/PHLH–Article%2010A%20Public%20Health%20Emergency%20Reponse.pdf
The link to a related blog article is here:

https://www.petedinelli.com/2020/05/27/gop-chairman-steve-pearce-dupes-private-business-to-do-the-gops-bidding-violations-of-public-health-orders-can-be-both-criminal-and-civil-governor-announces-restaurants-can-re-open-to-limit/

COVID-19 VACCINATION EFFORT

“With the exception of small outbreaks, vaccine-preventable diseases are largely held at bay in the United States. The country saw a rise in measles cases in 2019 with 1,282 cases confirmed in 31 states. In 2020, that number dropped to [a mere 13 cases]. And as of July 9, 2021, the CDC could only confirm two measles cases this year.

But the most immediate vaccine-preventable disease is COVID-19. Vaccine manufacturers developed shots in 2020 that would dramatically reduce the population’s caseload, hospitalization rates and deaths. … Despite their safety and efficacy, vaccines are neither perfectly safe, more perfectly effective. Adverse events, or side effects, are common with inoculations. Usually, a recipient will experience soreness at the injection site, a fever, chills or a headache. Some people have conditions that make them more prone to serious adverse events, like allergic reactions. These people are largely exempt from being compelled to take vaccines.

Pfizer-BioNTech and Moderna developed two-dose vaccines that offer 95% protection, while Johnson & Johnson’s shot offers roughly 66% protection. And in the months since the Food and Drug Administration authorized them for emergency use, America’s case numbers plummeted from the highs seen last winter.

More importantly, hospitalizations fell [thereby] alleviating the stress placed on the country’s health care system. And most importantly, the death rate dropped. For all of its troubles, [which include garnering] the most confirmed COVID cases and deaths in the world, the United States orchestrated one of the most robust vaccination rollouts of any country.

In April, the U.S. reached a vaccine surplus, meaning anyone who wanted a shot could get one with relative ease. Even so, the vaccination effort peaked in April. Since that time, America is vaccinating fewer than 1 million people a day, compared to the more than 3 million daily inoculations seen in the spring. And the rise of the more infectious delta variant led to another uptick in cases when June rolled around.

All three FDA-authorized vaccines offer strong protection against the delta variant, according to Dr. Anthony Fauci — chief medical advisor to President Joe Biden. But more breakthrough cases (when a fully vaccinated person becomes infected) have occurred because of it.

… [The CDC has] released data that suggests vaccinated people can transmit the delta variant. The data has found vaccinated and unvaccinated people infected by the delta variant carry viral loads that “are actually quite similar.”

Even so, the vaccines have remained effective at keeping recipients out of the hospital and morgue. The White House and CDC have stressed since June that 99% of recent COVID-related hospitalizations and deaths are coming from unvaccinated people.
…
The CDC has asked vaccinated people to resume wearing masks in areas where COVID-19 is surging in order to protect those who are unvaccinated.”

The link to quoted source material is here:

https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states

COMMENTARY AND ANALYSIS

Those who refuse to take the vaccine and become carriers of the deadly virus are essentially attempting to commit suicide and in a real sense committing attempted murder of others. No one should have any sympathy for those who refuse refuse to take the vaccine, refuse to mask up and then get infected. The mantra that mandated vaccines and wearing of masks are a violation of a person’s constitutional rights is 100% irresponsible and negligent especially by elected officials promoting their own political agenda. It is a reflection of absolute ignorance. There is no right to become a carrier of a deadly disease and put others in harm’s way. You may have the right to kill yourself but not to kill others.

Like it or not, and no matter what political party you belong to or your political philosophy, vaccination mandates by the government and by private employers as a condition of employment are on solid United State Constitutional law and state laws. Consistently, those who promote ways to get around the vaccine and mask mandates argue they are looking out for children’s health and parents’ rights, and peoples “constitutional rights” and freedom from government intervention for any reason.

Those who resist masking and vaccines are at best irrational and ignorant or at worst just dishonest and reckless. The “anti-vaccine” and “anti-mask” crowd are now undermining efforts to beat back the highly contagious delta variant to the point people are being hospitalized and dying at the same rates early in the pandemic. The overwhelming majority who are now being hospitalized and dying are those who have not been vaccinated.

Now that the vaccine has received full FDA approval, there is no excuse not take it. Please take the vaccine and mask up.

A link to a related blog article is here:

Der Führer Trump Booed At Rally Telling Supporters To Get Vaccinated; The Crazy And Unhinged Now Infecting The Country, NM Public Schools, Churches And ABQ Mayor’s Race; Country Needs A Vaccine For Crazy, Stupid Lies Or Duct Tape!

Der Führer Trump Booed At Rally Telling Supporters To Get Vaccinated; The Crazy And Unhinged Now Infecting The Country, NM Public Schools, Churches And ABQ Mayor’s Race; Country Needs A Vaccine For Crazy, Stupid Lies Or Duct Tape!

Posted on August 23, 2021 by Pete Dinelli

BREAKING NEWS UPDATE: On Monday, August 23, The Food and Drug Administration (FDA) granted full approval to Pfizer and BioNTech’s Covid-19 vaccine making it the first in the United States to win the coveted designation and giving even more businesses, schools and universities greater confidence to adopt vaccine mandates. Up until now, the mRNA vaccine, which will be marketed as Comirnaty, was on the U.S. market under an Emergency Use Authorization that was granted by the FDA in December. Since then, more than 204 million of the Pfizer shots have been administered, according to data compiled by the Centers for Disease Control and Prevention.

https://www.cnbc.com/2021/08/23/fda-pfizer-biontech-covid-vaccine-wins-full-approval-clearing-path-to-mandates.html

It has been reported that large swaths of the South is experiencing a surge in Covid cases and hospitalizations because of the highly contagious corona virus delta variant. Some communities in the South are experiencing a rise in cases that have matched previous peaks from late December.

Alabama has the lowest vaccinated rate in the U.S., with just only 36% of its population fully inoculated. Alabama Republican Governor Kay Ivey has said “the unvaccinated folks” are to blame for Covid’s resurgence in the state. This coming from a Governor who initially opposed vaccinations and mask requirements.

IGNORANCE SPARES NO ONE FROM REDICULE, INCLUDING DER FÜHRER TRUMP

On Saturday, August 21, Der Führer and Former President Donald Trump was booed at a rally held in Alabama after telling supporters they should get vaccinated. He told the rally crowd who were largely maskless:

“And you know what? I believe totally in your freedoms. I do. You’ve got to do what you have to do. … But, I recommend: take the vaccines. I did it. It’s good. Take the vaccines.”

Upon hearing the boo’s Der Führer said:

“No, that’s okay. That’s all right. You got your freedoms. … But I happen to take the vaccine. If it doesn’t work, you’ll be the first to know. Okay? I’ll call up Alabama, I’ll say, hey, you know what? But [the vaccine] is working. But you do have your freedoms you have to keep. You have to maintain that.”

Links to news sources are here:

https://www.nbcnews.com/politics/donald-trump/trump-booed-alabama-rally-after-telling-supporters-get-vaccinated-n1277404

https://www.cnn.com/videos/politics/2021/08/22/trump-alabama-rally-vaccine-crowd-boos-sot-ip-vpx.cnn

THE CRAZY AND UNHINGED

The “crazy and unhinged” of anti-vaccine and anti-mask demonstrations are turning ugly and violent throughout the United States, including the State of New Mexico. Educators, medical professionals and elected officials are being severely ostracized over mask mandates, vaccine mandates and business restrictions. The “crazy” and unhinged has not spared New Mexico and has now infected New Mexico school systems, the courts and even churches.

NEW MEXICO SCHOOL BOARDS INFECTED BY THE “CRAZY”

The “crazy and unhinged” has infected many school districts in New Mexico. The Albuquerque Public School Board had to suspend a meeting when protesters disrupted a meeting over the board debating issuing mask mandates. Members of the public spoke to the Las Cruces school board for more than an hour, with most parents railing against the district’s masking policy. In Carlsbad, citizens and elected officials demanded that the school district fight for control from the Public Education Department and do away with mask and vaccine requirements. In Aztec and in Torrance County, county commissioners recently passed a resolution supporting local control and the authority of school boards to make decisions in the best interest of their students, staff and parents. The school board that represents the rural district in Floyd did just that and was suspended by the state New Mexico Public Education Department for not following the state public health orders.

In Las Cruces, Jenna Emerick, a mother of a 7-year-old, told the school board she had a hard time not crying while picking up her daughter from school, seeing her in a mask and she told the board:

“Forcing kids to wear masks causes stress in them. For our family, the stress was not worth the benefits.”

Emerick now home-schools her daughter which is a good thing.

The Carlsbad School Board held a meeting where a crowd demanded that the district fight for control of the school system from the State the New Mexico Department of Public Education. In response to the pressure, the school board passed a resolution asking the Public Education Department (PED) to recognize and enhance their authority. The resolution states:

“The NM PED may be restricting local school board management of local school districts in a ‘one-size-fits-all’ manner that may ultimately result in the elimination of school districts being managed locally and managed in a manner that reflects local community needs,”

The link to quoted news source material is here:

https://www.abqjournal.com/2421655/new-mexico-school-districts-debate-masks-local-control.html

NEW MEXICO COURTS INFECTED BY THE “CRAZY”

On Thursday, August 19, it was reported that the Lujan Grisham Administration and Health Secretary David Scrase issued a public health care order that requires vaccination for people working in “high-risk” settings, such as hospitals, nursing homes, hospice facilities and state prisons and state facilities.

On August 20, two women filed a federal lawsuit challenging COVID-19 vaccine requirements in the public health order issued by Health Secretary David Scrase.

One of the plaintiffs is Talisha Valdez, a Union County resident. She is the mother of two children who entered to show their animals at the State Fair and she was told her children could be barred from showing their animals at the fair due to a requirement that anyone who’s eligible must provide proof of vaccination before entering the fairgrounds.

The other plaintiff is Jennifer Blackford, a Bernalillo County resident who works as a nurse at Presbyterian Hospital in Albuquerque. Presbyterian Healthcare Services announced it will require COVID-19 vaccinations for its entire workforce totaling more than 13,000 people with a first dose required by August 27. The health order applies to doctors, nurses, pharmacists and others, but allows for exemptions on medical and religious grounds. Employees who refuse to get vaccinated face the possibility of losing their jobs.

The lawsuit described Lujan Grisham as a “tyrannical governor” and alleges that “vaccine mandates represent the most egregious attack on American liberty since the use of internment camps to hold citizens of Japanese ancestry during World War II”. Comparing a Governor’s legal public health orders the racism of World War II internments camps is about as far into the sewage septic tank any one can get. One argument being made is that the vaccine mandates violate both employees’ constitutional contract rights and their right to “bodily integrity”.

https://www.abqjournal.com/2421542/lawsuit-targets-expanded-nm-vaccine-mandates.html

Governor Michelle Lujan Grisham has been repeatedly vilified by the public for her health care orders to deal with the pandemic, especially by the Der Führer Republican Party to the point of being sued. The courts have dismissed the cases almost as quickly as they are filed. The dismissals are based upon state statues enacted that give the Governor wide ranging powers to deal with public health crisis. There are 2 major statutes that allow the public health care orders and which include both civil and criminal remedies for the government to enforce. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.” The postscript to this article provides a summary of both statutes.

CHURCHES BEING INFECTED BY THE “CRAZY”

On August 17, citing rising cases of COVID-19 fueled by the Delta variant, Governor Michelle Lujan Grisham announced masks will once again be required indoors as of Friday, August 20. The new requirement, outlined in a public health order from Acting Health Secretary Dr. David Scrase, remains in effect through September 15 and applies to anyone over the age of 2 except when eating or drinking, regardless of vaccination status.

https://www.sfreporter.com/news/2021/08/17/gov-lujan-grisham-reinstates-mask-mandate/

https://www.koat.com/article/new-mexico-new-covid-restrictions/37331092

August 21 an 22 was the first weekend that masks were again required indoors for everyone as a way to stop the spread of the Delta variant. The pastors of both Legacy and Citizen churches aggressively denounced the Governor’s updated public health order. Both churches posted their Sunday morning sermons on social media. The pastors said they won’t be enforcing the re-instated indoor mask mandate, regardless of a person’s vaccination status.

Dustin Woodward, the pastor at Citizen Church, had this to say:

“I, along with all of these other pastors, do not believe it’s the church’s job or a pastor’s job to tell you only what a doctor can tell you. … Everyone is welcome at Citizen Church whether you’re vaccinated or not, whether you choose to wear a mask or not.”

When Pastor Woodward says he does not believe it’s not his job to tell you only what a doctor can tell you, you gotta wonder what he says about a woman’s right to choose and are women who have had an abortion welcomed to his church with no requirement of repentance for having an abortion.

According to a KRQE news report, about half of the hundreds of people inside Citizen Church Sunday morning were not wearing masks.

Legacy Church Pastor Steve Smothermon blasted the reinstatement of mask mandates indoor during his Sunday service characterizing Governor Michelle Lujan Grisham as a “tyrant”. Smothermon went so far as to telling his congregation that he hopes no one goes to the state fair this year now that the governor is requiring people to show proof of vaccination to get in. Smothermon called his strong stance a, ‘peaceful protest’ and said:

“If more people would ignore her and the mandates, businesses, if you would just put your signs out and then if people come in you can just simply say I’m not the mask police.”

The link to the news story is here:

https://www.krqe.com/news/politics/local-churches-pushback-on-re-instated-mask-mandate/

Pastor Smothermon’s hostility and vitriol is to be expected. Last year Legacy Church and Calvary Church were both fined $10,000 for violating the state’s public health order after videos and photos posted online went viral showing hundreds gathered at both churches during Christmas Eve services with almost no masks in sight.

A link to a related news story is here:

https://www.kob.com/albuquerque-news/albuquerque-megachurches-fined-5k-for-violating-public-health-orders/5962802/

THE RACE FOR MAYOR OF ALBUQUERQUE BEING INFECTED BY THE CRAZY

The political crazy and unhinged has even crept into the Albuquerque Mayor’s race between Democrat Mayor Tim Keller, Decorate in name only Sheriff Manny Gonzales and Der Führer Trump Shock Jock Eddy Aragon.

On December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaims he would not enforce “unconstitutional laws” when it comes to the corona virus pandemic. In a video posted to YouTube, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:

A link to the YouTube Video is here:

https://www.youtube.com/watch?v=v95B1lpt_PM

The single most obscene argument being by those against taking the vaccine is the very warped use of the term “my body, my right to choose” a term used by people who support the “right to choose” when it comes to abortion. It was an argument made by Der Führer Trump Republican candidate and radio shock jock running for Mayor Eddy Aragon in a debate with incumbent Democrat Mayor Tim Keller and Democrat In Name Only (DINO)Bernalillo County Sheriff Manny Gonzales. Aragon boasted to the audience he has not been vaccinated as he pandered to Der Führer Republican voters saying he was the only Republican running in a non-partisan race.

What was disappointing was you heard no objection from so called progressive Mayor Tim Keller who proclaims to be supportive of a woman’s right to choose and ostensibly was not offended by Aragon’s warped use of the words.

A person has every right to choose not to take any vaccine to protect themselves from a disease, but there is absolutely no constitutional right to catch a contagious disease and then spread it to others resulting in death. A woman’s right to choose should never be compared on the same level as receiving inoculation for a contagious disease.

DER FÜHRER REPUBLICAN PARTY INFECTED BY THE CRAZY

Nationwide, the overwhelming majority of Covid hospitalizations and deaths are occurring among unvaccinated Americans, especially in the Southern Republican red states according to a New York Times. A Kaiser Family Foundation vaccine tracking poll released early in August found that Republicans were the second-least likely demographic group to be vaccinated, only above Americans who are unsure about the vaccines under 65. While 57% of Republicans have received at least one dose of the vaccine or say they will get a shot as soon as possible, 40% say they either never will, will only do so if it’s required or are still in wait-and-see mode. The 40% total is the second-highest of the 23 demographic groups surveyed.

Four in ten of those in the “wait and see” group are people of color, while the most vaccine resistant group, those who say they will “definitely not” get a COVID-19 vaccine, is overwhelmingly made up of White adults (65% of the group compared to 50% of the “wait and see” group). Partisanship also plays a major role with more than half (58%) of the “definitely not” group identifying as Republican or Republican-leaning. In addition, religious identity also plays a role as White Evangelical Christians, make up nearly twice the share of the “definitely not” group (32%) as the “wait and see” group.

https://www.kff.org/coronavirus-covid-19/dashboard/kff-covid-19-vaccine-monitor-dashboard/

THE SCHOOLS AND MANDATORY MASKING AND VACCINATIONS

“As school begin to open across the country, the most contentious protests have been over mandatory vaccinations of kids and the wearing of masks. “Across the United States, religious figures, doctors, public officials and other community leaders are [helping] … people circumvent COVID-19 precautions. An Oregon school superintendent is telling parents they can get their children out of wearing masks by citing federal disability law. A pastor at a California megachurch is offering religious exemptions for anyone morally conflicted over vaccine requirements. A Louisiana’s attorney general has posted sample letters on his office’s Facebook page for those seeking to get around the governor’s mask rules”

The link to quoted source material is here:

https://www.usnews.com/news/politics/articles/2021-08-21/parents-get-coached-on-how-to-escape-mask-and-vaccine-rules

“Coronavirus cases among children are rising at a time when the highly infectious delta variant is advancing across the United States at a rapid clip. New state-level data analyzed by the American Academy of Pediatrics and the Children’s Hospital Association shows that children accounted for roughly 15% of all newly reported COVID-19 cases across the nation for the week ending on Aug. 5.

Nearly 94,000 child cases of COVID-19 were recorded during that period, a 31% increase over the roughly 72,000 cases reported a week earlier. In the week before then, there were 39,000 new child cases. The American Academy of Pediatrics and the Children’s Hospital Association said that new coronavirus cases in children have been increasing since July after a period of decline in the early summer.

“This virus is really tracking the unvaccinated,” said Dr. Yvonne Maldonado, a professor of pediatrics and infectious diseases at Stanford University. “Because children under 12 are not able to be vaccinated, we’re just seeing the same increase in infections in that group because [the delta variant] is so infectious.”

The link to quoted source material is here:

https://www.npr.org/sections/coronavirus-live-updates/2021/08/10/1026375608/nearly-94-000-kids-got-covid-19-last-week-they-were-15-of-all-new-infections

“For more than a century, schools have played a crucial role in reducing vaccine-preventable diseases in the U.S. In 1802, Massachusetts became the first state to encourage smallpox vaccinations. Forty-eight years later, it was home to the first school to require vaccination.

By 1900, nearly half of the states required children to be vaccinated before beginning school. By 1963, 20 states, Washington D.C. and Puerto Rico mandated a variety of vaccines for children. In the late 1960s, efforts were underway to eradicate measles in the U.S. In the ’70s, states requiring the measles vaccine had incidence rates 40% to 51% lower than the states not requiring it.

Alaska and Los Angeles found themselves among the poorer-performing areas in that regard — forcing health officials to strictly enforce the existing requirements. In Alaska, 7,418 of 89,109 students (8.3%) did not provide proof of vaccination and were not permitted to attend school. A month later, fewer than 51 students were still excluded.

In Los Angeles, 50,000 of 1,400,000 students (4%) were not allowed in school. Most of them returned within a few days. In both cases, the number of measles cases plummeted, proving enforcement of vaccine mandates to be an effective public health measure, Malone and Hinman wrote.”

The link to quoted source material is here:

https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states

NEW MEXICO STATUTORY LAW ON SCHOOL IMMUNIZATION REQUIREMENTS

The New Mexico legislature has enacted the “Immunization Exemption Statute”, Sections 24-5-1 to 24-5-15 NMSA, that deals with exemptions from school and daycare immunization requirements. Section 24-5-2 makes it clear in no uncertain terms that it is unlawful to enroll in school children that have not been immunized and states in part:

The New Mexico Public Education Department and the Public Health Department have the authority to include corvid vaccinations in the list of mandatory vaccinations.

The statute does NOT grant immunization exemptions for philosophical or personal reasons. The two exemptions are medical or religious.

If there is a religious reason for exempting, the child’s parent or legal guardian must ask an officer of the church to write a letter stating that the one seeking an exemption are a member of the church, and the church uses prayer or spiritual means alone for healing. If access to a church officer is not possible, then the child’s parent or guardian must complete the Certificate of Exemption Form. The form requires a statement of the religious reasons for requesting to have a child exempted from immunization. Once a completed, notarized, original Certificate of Exemption Form is filed with the Department of Health, the Department has up to 60 days to notify the parent or legal guardian if the request is approved or denied.

Section 24-5-3 entitled “Exemption from immunization” also requires affidavits:

A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:

(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or

(2) affidavits or written affirmation from an officer of a recognized religious denomination that such child’s parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

The links to the statutes are here:

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/section24-5-3/

PRESIDENT JOE BIDEN’S TAKE ON OPPOSTION

The states of Florida and Texas account for one-third of new COVID-19 cases in the U.S., yet their Governors exhibit extraordinary ignorance to the health and safety of their constituents.

Texas Governor Greg Abbott issued an executive order that banned mask mandates and other operating mandates in Texas. In a statement Abbot said:

[People] have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses, and engage in leisure activities. … Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary — never forced — in the State of Texas.”

On August 18, Governor Greg Abbott was tested positive after attending a major even without wearing a mask. On August 22, Abbot issued a statement saying he has tested negative for COVID-19, just four days after testing positive.

“I’m told that my infection was brief and mild because of the vaccination that I received. … So I encourage others who have not yet received the vaccination to consider getting one.”

It’s highly likely Abbot would not have been infected with the virus after receiving the vaccine had he simply worn a mask.

https://www.kob.com/news/texas-gov-greg-abbott-now-testing-negative-for-covid-19/6215335/?utm_campaign=thumbnails&utm_medium=onsite&utm_source=zetaglobal

Florida Governor Ron DeSantis has stuck to his long-time promise not to impose a mask mandate in Florida and has moved to ban state institutions from requiring vaccinations.

On August 3, President Joe Biden took aim at local officials, including Republican Governors Di Santis and Abbot of over measures that prevented public health measures in the wake of surging COVID-19 cases and he said:

“I say to these governors: please help, but you aren’t going to help at least get out of the way. … The people are trying to do the right thing. Use your power to save lives. … And worst of all, some state officials are passing laws or signing orders that forbid people from doing the right thing. As of now, seven states not only banned mask mandates, but also banned them in their school districts, even for young children who cannot get vaccinated.”

DUCT TAPING THE CRAZY IN THE FRIENDLY SKIES

July 12, 2021, a 30 year old woman with green hair became agitated on an American Airlines flight and became very aggressive and in wanting to kick open a plane door. She had told the man next to her that she did not want the plane “to fly up anymore. ” Flight attendants ran and “tackled” the woman, then restrained her wrists and feet with duct tape. When she became even more erratic and violent, flight attendants were forced to subdue her and duct-tape her to the seat.

https://www.washingtonpost.com/travel/2021/07/12/woman-restrained-on-american-airlines-flight/

On Saturday, Aug. 7, a 22 year old man on a Frontier Airlines flight from Philadelphia to Miami allegedly sexually assaulted two female flight attendants and punched a male flight attendant. The man was intoxicated and had been consuming alcohol on the flight. Having enough of the crazy, flight attendants teamed up to force the man back into his seat and duct-taped him in place. He was subsequently arrested and charged with three counts of battery.

https://www.avweb.com/aviation-news/flight-attendants-subdue-violent-passenger-with-duct-tape/

COMMENTARY AND ANALYSIS

Consistently, those who promote ways to get around the vaccine and mask mandates argue they are looking out for children’s health and parent’s rights, and people’s “constitutional rights” and freedom from government intervention for any reason. Those who resist masking and vaccines are at best irrational and ignorant or at worst just dishonest and reckless. The “anti vaccine” and anti mask crowd are now undermining efforts to beat back the highly contagious delta variant to the point people are being hospitalized and dying at the same rates early in the pandemic. The overwhelming majority now who are being hospitalized and dying are those who have not been vaccinated. Now that the vaccine has received full FDA approval, there is no excuse not take it.

Like it or not, and no matter what political party you belong to or you political philosophy, vaccination mandates by the government and by private employers as a condition of employment is on solid United State Constitutional law and state laws. Vaccination mandates are not “unconstitutional” as argued by many “arm chair” constitutional scholars you hear on conservative talk radio, especially FOX News, on social media, and from so many members of the Der Führer Republican Party.

The mantra that mandated vaccines and wearing of masks are a violation of a person’s rights is 100% irresponsible and negligent especially by elected officials promoting their own political agenda. It is a reflection of absolute ignorance. There is no right to become a carrier of a deadly disease and put others in harm’s way. Those who refuse to take the vaccine and become carriers of the deadly virus are essentially attempting to commit suicide and in a real sense committing attempted murder of others. No one should have any sympathy for those who refuse to mask up, get infected and refuse to take the vaccine.

The antics of the Der Führer Trump Republicans such as Florida Republican Ron Desantis and Texas Governor Greg Abbot of Texas in opposing mask mandates in public schools can only be describe as vicious and cruel negligence on their part to promote their own quest to the White House. No one should have any sympathy for Texas Governor Greg Abbot coming down with Covid and being treated, as was the case with Der Führer Trump who always downplayed the virus and said it would suddenly vanish ignoring the science.

What this country desperately needs is a vaccine for the crazy, stupid, lies especially in presidential election years to be administered to despots and candidates in Der Führer Republican Party. The country, state and the city are at the point that more than a few elected officials and politicians need to have duct tape placed across their mouths, starting with Der Führer Trump and Governors Abbott and DeSantis, so they can just shut up for once, until the Corona Virus and the variants are completely eradicated and we can all get back to normal after a full year and a half of being quarantined. Another option would also be to duct tape DeSantis to his Governor’s chair, but even I absolutely refuse to even go there with Abbott.

Until then, please, please take the vaccine and wear the damn mask, unless you want to get duct taped!

____________________________________

POSCRIPT

The New Mexico legislature has enacted two major statutes that empowers the Governor to issue public health orders to deal with the pandemic. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.”

“PUBLIC HEALTH ACT”

The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day.

Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.
CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT

Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.”

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A.A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

B. A state of public health emergency shall be declared in an executive order that specifies:

(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.

C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978].

D. A declaration of a state of public health emergency shall be terminated:

(1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or
(2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health.

“Officer Down”: 1 APD Officer In Critical Condition, 3 Officers Wounded; 2 Suspects Arrested With 1 Injured; Man Charged With Felonies; Chief Medina Blames Justice System; Union Blames CASA Reforms; Another Cycle Of Anger, Shock And Empathy Begins With Promises Of Solutions; Special Legislative Session Needed

Posted on August 20, 2021 by Pete Dinelli

On Thursday, August 19, four Albuquerque Police Officers were injured following a shooting in northeast Albuquerque. The shooting happened as officers responded to a robbery by the Dutch Bros. near Mountain and Juan Tabo. Two suspects are in custody related to the incident.

The first suspect was wounded and taken into custody shortly after the shooting unfolded. The first suspect was taken to the University of New Mexico Hospital (UNMH) for medical treatment. APD announced via Twitter at 12:34 a second suspect was taken into custody. APD believe there are no other outstanding offenders however several others were detained in the process of the investigation.

During a news briefing at the University of New Mexico Hospital (UNMHS), it was reported that one officer is in critical condition after being shot in the base of the neck above their bulletproof vest. A second officer was shot in the arm, third officer was shot in the center of his bulletproof vest, both are expected to to have a full recovery. The fourth officer was injured with either shrapnel or glass in the eye. APD spokesman Gilbert Gallegos said an APD service aide rendered aid to the officer that was shot in the arm – using a tourniquet to save the officer’s life.

Several APS schools including Kennedy Middle School, Jackson Middle School, Chelwood Elementary School, Tomasita Elementary School, McCollum Elementary School and Manzano High School were ordered to shelter in place after the shooting. At 12:27 p.m., shelter in place orders were lifted at those schools.

Authorities from Sandoval County, Valencia County, Rio Rancho County, FBI, the Bernalillo County Sherriff Office, NM State Police and the Bernalillo County District Attorney’s Office were called in to assist. The Bernalillo County Sheriff’s Office (BCSO) for its part confirmed that a fatal crash on I-40 in the east mountains involved a person of interest in the case. BCSO said the person was fleeing from police when the crash happened.

MAN CHARGED

According to news reports, APD Police has charged by criminal complaint in Metro Court a person identified as James Ramirez, 27, of Los Angeles with three counts of aggravated battery against a police officer, armed robbery, possession of a firearm by a felon and resisting evading or obstructing an officer. Ramirez has no criminal history in New Mexico but, according to court records, is a convicted felon in California.

According to a criminal complaint filed in Metropolitan Court:

“A man called police around 8:30 a.m. and reported that he had been robbed at gunpoint and had located the two men who robbed him in Northeast Albuquerque. He told police he had been walking on Western Skies when two men approached him and asked him if he wanted to buy drugs.

The man said he declined and one of the men pulled out a black pistol and “demanded everything he had,” taking his wallet, shoes, backpack, gold necklace and a Playstation that was in the backpack. He told police a friend drove him around looking for the robbers and they saw the men around Juan Tabo and Copper.

The man met with officers Verbeck and Eichel and identified the suspects as two men walking near Summer and Juan Tabo, telling the officers that one of the men was armed. As the officers approached, the two men ran south down an alleyway and the officers gave chase.

One of the suspects, later identified as Ramirez, “suddenly” fired at the officers and struck both of them before the officers shot back. [According to the witness/victim:

“I later observed the officers’ on-body recording devices and observed the officers getting shot and bleeding profusely”.
The complaint states:

“Sgt. Kenny and Officer Gunderson arrived near Dutch Bros Coffee Shop and saw Ramirez ducking behind a vehicle. Gunderson told Ramirez to drop the gun and Ramirez fired at him. The officers returned fire. Gunderson was struck in his vest, and Kenny was hit by glass and fragments as he took cover behind his vehicle.

Ramirez and the officers continued to exchange gunfire until Ramirez was struck and fell to the ground. The officers rendered aid to Ramirez until he was taken to the hospital. Police found the robbery victim’s ID and credit card in Ramirez’s wallet.

The second suspect, a “smaller skinny” man, was seen running south down the alley “and has not been identified or apprehended.”

The link to quoted source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

WITNESS NEWS INTERVIEWS

A witness in the area told KOAT crews that he heard at least 50 gunshots from what he said sounded like a semi-automatic weapon.

https://www.koat.com/article/police-respond-to-critical-incident-in-northeast-albuquerque/37349594

According to a KOB news report, Estaban Ortiz said that he was in line at the Dutch Bros when he suddenly saw two people with backpacks run by his car. He heard police yell at one of them to drop the gun – but the suspect kept on shooting at them. According to Ortiz:

“He fell down, he had extended magazines, with what appeared to be a 9mm pistol. … He unloaded the first one completely. After he fell on the floor, he took out that unloaded one, pulled another one out, another extended magazine, popped it back in, and as he was being shot on the floor, he kept returning fire.”

Ortiz said he was terrified the suspect would eventually turn and shoot at him.

The link to the quoted source material is here:

https://www.kob.com/albuquerque-news/two-officers-injured-in-thursday-morning-ne-albuquerque-shooting/6212113/?cat=500

According to a News 13 report, Becki Dougherty’s aunt lives within sight of the Dutch Bros and said she rushed outside when she heard the gunshots and said:

“All I could see was people trying to get out of that parking lot as fast as they could, but there’s only one way out. And, I just continuously heard the pop, pop, pop.”

Dougherty said drivers were in line to get their coffee and scrambled to get out of there. She added that she was scared that there was still one suspect on the run for hours.

Andrea Sanchez said her husband was in their backyard when gunshots rang out when she rushed outside to check on him and she found her husband helping an APD officer who was hit. Sanchez said:

“I saw him, arm in arm next to a cop and I thought for a second he might have got shot but it was the cop who got shot and he was carrying him here in the back alley and brought him to safety and the cop went in the ambulance.

The link to the quoted source material is here:

https://www.krqe.com/news/albuquerque-metro/apd-two-officers-shot-injured-in-northeast-albuquerque/

https://www.krqe.com/news/albuquerque-metro/businesses-schools-on-lockdown-for-hours-as-police-searched-for-shooting-suspect/

Richard Griego, a manager of Goodwill across the street, told the Albuquerque he was sitting in his car when he heard what sounded like a couple of car backfires and stated:

“I rolled down my window and could see the puffs (of bullets) hitting the building of Federico’s — firing going back and forth — almost 30 or 40 shots. … It was sporadic at first, continuous, then it stopped and then it kept going a little bit.”

Griego said it appeared officers were using two of their vehicles for cover as they fired from the Dutch Bros Coffee and there was gunfire coming back from the Federico’s parking lot.

The link to the quoted source material is here:

https://www.abqjournal.com/2420801/major-police-presence-in-ne-albuquerque.html

APD CHIEF HAROLD MEDINA REACTS BY BLAMING CRIMINAL JUSTICE SYSTEM

During news briefings, APD Chief Harold Medina had this to say:

“Officers who were injured, their families have been notified and they have family members with them. … We want to assure all of the other families of officers who are on scene and haven’t been able to reach out their families, assure them that the officer who were injured, their families have been contacted. … This has been a challenging day but we appreciate the support, especially from our partners in law enforcement. … At the same time, it is incredibly frustrating that over the course of the past few weeks we have had four incidents in the metro area where law enforcement has been fired upon.”

Since July 5, according to authorities and news sources, there have been at least 3 separate incidents involving law enforcement and gun violence. Those incidents include:

1. FBI agents killed a man who shot an agent, hitting his bulletproof vest.
2. An APD officer was struck by glass shards after his windshield was hit by gunfire that left another person dead.
3. APD officers shot and injured a man who fired at them from a bait car.

During the press briefing at UNMH on the medical status of the officers being treated, APD Chief Harold Medina took the opportunity to criticized and lay blame on what happened to the 4 police officers on the criminal justice system. He stated that the community must come together and find ways to curb the gun violence and stop the “revolving door” that releases violent felons. He said that not all people can be saved and stated:

“People need to want to get help, but some people need to stay in jail. … And that is something we can’t be afraid of saying. It needs to be said. Our courts need to hear it. Our prosecutors need to hear it, and our community needs to voice their frustration and ensure that we start making the changes to keep bad people in jail.”

Source of quoted source material:

https://www.usnews.com/news/best-states/new-mexico/articles/2021-08-19/police-two-albuquerque-officers-shot-taken-to-hospital

MAYOR TIM KELLER REACTS

On August 18 at 10:49 Mayor Tim Keller posted on his TWITTER acount:

“… officers are receiving emergency care after being shot in the line of duty this morning. This is a horrific act of violence and Liz and I join our community in praying for the officers, their families, and the team working to find the remaining suspect.”

Mayor Tim Keller issued the following statement:

“Our officers put their lives on the line every single day to protect our community. Despite these risks they take on when they’re sworn in, they step up anyway. It’s a profound act of service. When they are injured or worse in the line of duty, that pain ripples through our entire community.

Police families should never have to receive the calls they’re getting today. We’re asking our entire community to have their backs and the backs of every officer who worked to find the suspects and bring them to justice after this senseless act of violence. Liz and I join families around New Mexico in praying for the safety and recovery of the injured officers and for their families.”

During a news conference outside University of New Mexico Hospital, where the officers and suspect were being treated, Mayor Tim Keller called the incident an “incredible tragedy” that “ripples through our entire community” and had this to say:

“The entire Central New Mexico area is certainly, right now, either in a state of shock, state of grieving or, frankly, a state of fear. Our community is in this together, no matter what the causes, no matter what the problems, no matter what the answers are.”

POLICE UNION REACTS

Shaun Willoughby, the president of the Albuquerque Police Officers’ Association said the shootings hit very close to home and he had this to say:

“These are friends of mine. … I know both of the officers that are either in surgery or hopefully getting out of surgery that are fighting for their lives right now. It just turns into raw, unadulterated anger because we have known this was going to happen. We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

GOVERNOR MICHELLE LUJAN GRISHAM REACTS

Governor Michell Lujan Grisham posted on her FACEBOOK page:

“I am deeply, deeply troubled by the shooting of four Albuquerque Police Department officers in the line of duty this morning. All across the state, law enforcement personnel put their lives on the line every single day for New Mexicans. My thoughts are with those injured today and their families – please join me in praying for speedy and complete recoveries as we await additional details.”

Lujan Grisham’s Spokeswoman Nora Meyers Sackett later issued a statement and said the administration is keenly aware of the public safety issues facing Albuquerque. She noted that 35 additional New Mexico State police began working in the City on August 17 with the APD. Sacket said:

“The governor has committed to substantial public safety investments, including an effort to fund and support 1,000 new police officers statewide over the next decade, in the coming legislative session. … the Governor looks forward to Republican support of initiatives aimed at helping local jurisdictions combat violent crime and keeping repeat violent offenders locked up.”

UNMH REACTS

Dr. Steven McLaughlin, the chair of the Department of Emergency Medicine and who has been with UNMH for 20 years spoke at the briefing on the status of the injured police officers. Dr. McLaughlin took the opportunity to discuss gun violence and said has noted that gun violence getting worse in the city as well as across the country. Dr. McLaughlin had this to say:

“If you look at the numbers in the United States about 40,000 people a year die from gun violence. … Guns are also responsible for over half of the suicide deaths in the United States, which is something we don’t always think about. … To highlight this, as I was walking over here about a half hour ago my pager went off and we have another gunshot wound victim coming into the emergency department who is there right now. … This is something that continues to be a tragedy that we see every single day in the work that we do.”

No doubt thinking about the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student, Dr. McLaughlin said:

“If you own a gun please be sure to lock it up so it doesn’t fall into the hands of children or someone else. … We all need to do our part to make sure we’re keeping our community safe.”

The Youtube link to News Conference on the City and UNMH updates on the status of four officers injured in robbery, shooting is here:

https://www.youtube.com/watch?v=CjvjXPULkL8

COMMENTARY AND ANALYSIS

The shooting of 4 APD police officers in the line of duty is the single largest such incident involving APD police in its history. The shooting of the 4 police officers occurred the very day after the August 18, 2005 anniversary of when APD Officers Michael King and Richard Smith were shot and killed while attempting to take John Hyde into custody for a mental health evaluation. Earlier in the day, Hyde, unbeknownst to the officers, went on a murdering rampage and killed Ben Lopez, Garrett Iverson and David Fisher at two separate locations with no apparent motivation. Both King and Smith were each 22 year veterans with APD, had retired but returned to work. Hyde was suffering from paranoid schizophrenia and was later found incompetent and after 16 years has yet to stand trial and is still in a mental institution.

Just as tragic as the shooting of the 4 police officers is the record number of murders hitting a historical high of 83 and counting in one year. It was just 6 days ago that the city was shocked by the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student as well as the city breaking the all-time homicide rate with 81 murders.

APD HAROLD MEDINA

It is painfully obvious that APD Chief Harold Medina’s statements blaming the New Mexico criminal justice system and the courts and the “revolving door” for what happened was inappropriate. Medina did not know at the time he made his remarks that James Ramirez, the defendant charged with the shooting, was not from here, he has no criminal history in New Mexico, but he is a convicted felon in California. Medina offered no information on Ramirez, if he is wanted or suspected of other crimes in Albuquerque or if he was out on bond or if he did time in California or if a fugitive complaint was outstanding.

In other words, Medina spoke before Ramirez was identified nor his involvement of what happened but he still laid blame on the courts. Medina’s “blame game” is likely the result of Medina being distraught and emotional over what happened to police officers under his command, and his friendships with Officers Smith and King, but that still is no excuse for his “blame game” on the courts.

MAYOR TIM KELLER

Not at all surprising is that Mayor Tim Keller was front and center at all the press briefings on the shootings, taking the lead, talking first and introducing the speakers and expressing his condolences on what happened and sympathy to the families of the officers. His presence was definitely mandated to show leadership and a reflection that he supported APD.

One shortcoming is that Mayor Tim Keller dominated the briefings and he actually gave the first “critical incident report” and tried to brief the media on information that needed to come from APD and the attending physicians, those who had actual knowledge as to what happened. Conspicuously absent at the “critical incident” press briefing held by Keller at the location of the incident was Bernalillo County Sheriff Manny Gonzales who is running against Keller for Mayor. Keller ostensibly invited District Attorney Raul Torrez, the FBI and the head of the New Mexico state police to the briefing in that they attended and were offered an opportunity to speak. Keller introduced District Attorney Raul Torrez and allowed him to speak at the critical incident briefing with Torres asking the public for help and for the public to come forward if they had any information.

The Youtube link to Keller’s “critical incident report” news conference on the 4 officers shot is here:

https://www.youtube.com/watch?v=gk2-nmG2PDM

The Youtube link to News Conference on the City and UNMH updates on the status of four officers injured in robbery, shooting is here:

https://www.youtube.com/watch?v=CjvjXPULkL8

APD Chief Harold Medina went out of his way during the first press briefing to note the authorities from the Rio Rancho Police were the first to offer help and that the FBI, NM State Police and the Bernalillo County District Attorney’s Office were called in to assist. Medina made no mention that the Bernalillo County Sheriff’s Office (BCSO) for its part was dealing with a fatal crash on I-40 in the east mountains involving a person of interest in the case. BCSO said the person was fleeing from police when the crash happened.

It was in 2019, that Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are:

The Shield Unit
Declaring Violent Crime “public health” issue,
The Metro 15 Operation and
The “Violence Intervention Plan” (VIP Program).

It was on April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue”. The program was intended to deal with crimes involving guns in an effort to bring down violent crime in Albuquerque. Mayor Keller and APD argue that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems.

It was on August 18, 2020 that Mayor Tim Keller introduced his Violence Intervention team and said in part:

“This isn’t about Power Point slides or interesting analysis. … This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. This is not just running reports and I think that’s a marked difference with what the city has done in the past.”

Based upon what has happened in the last week as well as the fact that the city has broken another record in homicides, Mayor Keller’s program can only be considered a failure.

A link to a related blog article is here:

https://www.petedinelli.com/2021/01/19/2021-begins-with-7-homicides-in-18-days-mayor-kellers-apd-programs-to-bring-down-violent-crime-rates-not-stopping-blood-flow/

POLICE UNION PRESIDENT RECKLESS REACTION AND FALSE CLAIMS

Police union president Shaun Willoughby was reckless when he essentially said that the Federal Court Approved Settlement Agreement (CASA) and the mandated police reforms are the cause of what happened to the 4 APD police officers especially when he said :

“… we have known this was going to happen. We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

From all appearances, the 4 injured officers were indeed doing their jobs and followed constitutional policing practices using deadly force to defend themselves and to take suspects into custody. From the news reports, the 4 officers lapel cameras were on and what happened was recorded. Mandatory use of lapel cameras are just one of the CASA mandates.

Use of the term “de-police” by Willoughby’s was no mistake. It is an effort create fear and anger amongst the community that the city has become part of the “defund the police” movement, which is blatantly false given that APD has the biggest budget of all city departments with an approved budget of $222 million. The police unions own attorneys have also said in open court at least two times that the federal reform mandates have not contributed to the city’s violent crime, yet Willoughby repeatedly promotes his big lies.

Under the CASA, there was a complete rewrite of APD’s use of force and use of deadly force policies. Police union president Shaun Willoughby was at the bargaining table when the policies were written. All of APD sworn officers have been trained on the constitutional policing practices.

ALL TALK AND NO RESULTS

What is truly depressing is that we continue to look to Mayor Tim Keller, the Albuquerque City Council and the appointed APD Chief Harold Medina and his Deputies for answers and solutions to what is happening as violent crime spikes and people are killed. What we get are unkept promises that something will ne done and we hear and see nothing as they react until another tragedy happens. What the city residents get are press conferences, a cycle of shock and empathy and hear condolences and concerns for the victims by our city officials.

We hear sound bites that we “are all in this together”, and we are “One Albuquerque” strong coupled with complaints of a “broken criminal justice system”, complaints of lack of resources and finger pointing that what is happening is a national trend. If this sounds at all too familiar, it’s because it has now become the norm in Albuquerque. The public also hears the same damn thing every 3 to 6 months on a national level when a mass shooting is reported and congress does nothing.

SPECIAL LEGISLATIVE SESSION NEEDED

On January 18, 2022, the thirty-day legislative session, also known as a short session, is scheduled to begin. 30 days session are supposed to be limited to budget and tax legislation, proposed constitutional amendments and previously vetoed bills. In the aftermath of the shootings of the 4 police officers and 13 year old New Mexico State legislature leadership are already calling for passage of crime bills and gun control legislation

It would be a major mistake for the New Mexico Legislature to even attempt to tackle enactment of crime legislation, even though it is desperately needed at this time, in a 30 day session. What Governor Michell Lujan should announce immediately is that she will convene a Special Legislative Session to follow the 30 days session to deal exclusively with crime and responsible gun control legislation.

The New Mexico Legislature should consider the following consider the following in the Special Legislature session:

1. Enact legislation making it a crime to fail to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.

2. Review additional bail bond reforms and statutorily empower judges with more authority and more discretion to hold and jail those accused of violent crimes pending trial who have prior violent crime convictions.

4. Significantly increase the penalties for all violent crimes with mandatory sentencing by the courts.

5. Consider enacting legislation for the creation of a regional law enforcement agency for Class A Counties with populations of 500,000 or more and abolishing the Albuquerque Police Department and the Office of Bernalillo County Sheriff and consolidating both agencies into one agency with a civilian governing board along the lines of the Albuquerque Bernalillo County Water Authority. A link to related blog article on this subject is here:

ttps://www.petedinelli.com/2020/07/22/defund-apd-and-bcso-create-abbco-police-authority-with-civilian-governing-board-and-abbco-police-authority-commissioner/

6. Enact legislation that either bans “citizen militias” entirely or regulate all citizens militias. Citizen militias need to be define along similar lines of how “gangs” are defined under federal criminal law or state law. The link to a related blog article is here:

https://www.petedinelli.com/2020/07/08/us-congress-and-nm-legislature-must-ban-citizen-militias-or-enact-citizens-militia-registration-act-sweeping-responsible-gun-control-legislation-also-needed/

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

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

9. Enact a gun violence restraining order and extreme risk protection process to temporarily prohibit an individual deemed by a judge to pose a danger to self or others, from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove any firearms or ammunition already in the individual’s possession.

10. Restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person, including dating partners, convicted of a domestic violence misdemeanor.

11. Mandate and fund public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

12. Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

FINAL COMMENT

Without reasonable and responsible gun control legislation, and aggressive law enforcement and prosecution of violent criminals, New Mexico and Albuquerque will continue have spiking violent crime rates, our schools will no longer be safe, and what the city has seen in the last week with the shooting of 4 police officers and the killing of a 13 year old will be the new normal.

NEWS UPDATE

On August 20, for the the second day in a row, Albuquerque had an officer-involved shooting. According to reports, one person is hospitalized after an officer-involved shooting in the area of Broadway and Anderson Avenue and Broadway Blvd. in southeast Albuquerque Friday afternoon.

APD authorities said officers were trying to take the suspect in on a parole violation because he is believed to be involved in an Albuquerque homicide that occurred last month. When police approached him, he reportedly tried to elude officers and started ramming his vehicle into police cruisers. The suspect then got out of the car holding a rifle. The suspect then tried to carjack a nearby driver by pointing a rifle at the driver. The driver said at that point they heard gunshots and the suspect dropped to the ground. The suspect was transported to the hospital and no officers were injured. APD officers were responding to a patrol violation when they say the suspect A Multi-Agency Task Force is investigating.

https://www.krqe.com/news/officer-involved-shooting-investigation-underway-in-southeast-albuquerque/?fbclid=IwAR0dYxqk4pwHXtY2wwnddpApe_7LJzi8dEGwM22DTsLMBMSo_aMrQBRvYpU

https://www.kob.com/albuquerque-news/apd-officer-involved-shooting-near-broadway-and-anderson/6214389/?cat=500