On Friday, January 30, a bipartisan attempt to overhaul New Mexico’s medical malpractice laws cleared its first assigned NM Legislature committee, but only after a sweeping change was made to the bill over the sponsor’s opposition. House Bill 99 known as the Medical Malpractice Reform bill passed the House Health and Human Services Committee by a vote 7-3, but only after the committee passed an “unfriendly amendment” that  eliminated  caps on punitive damages for corporately owned hospitals. An “unfriendly amendment” is one  that the bill’s sponsor does not support.

House Bill 99 would set caps on punitive damages in malpractice cases, pay for plaintiffs’ medical costs as they’re incurred and increase the standard of proof needed to award damages. The amendment excludes hospital systems and hospitals owned by out-of-state corporations from a proposed $6 million cap on punitive damages. A smaller $1 million cap would be put in place for independent doctors.  The medical malpractice reform bill is co-sponsored by Rep. Christine Chandler (D-Los Alamos) and as  originally introduced is backed by New Mexico Gov. Michelle Lujan Grisham.

Rep. Christine Chandler, D-Los Alamos, who crafted  House Bill 99 and is sponsoring  it along with  two dozen other lawmakers, called the  amendment  to the bill “short-sighted.”  Chandler  pointed out most of New Mexico’s hospitals, including those run by Presbyterian Health Services,  would not be covered by the proposed punitive damages cap.  According to the New Mexico Hospital Association, the only hospitals covered by the cap would be hospitals in Taos, Grants, Gallup, Farmington and Las Cruces. Chandler told the Albuquerque Journal this  after the  hearing:

“I don’t think it strikes the right balance in the legislation we need. ”

Supporters of House Bill 99 argue that the bill is a key step in fixing the state’s health care worker shortage. Republicans and Democrats worked on the original  bill  in a unified effort. The unified effort was destroyed when Representative  Liz Thomson (D-Albuquerque), who proposed the amendment, said she believed it was important not to cap punitive damages for hospitals owned by out-of-state corporations or private equity firms. Thomson said this:

“We want to tell these huge national corporations that they cannot cut corners on medical care and leave people damaged.”

Feliz Rael, President of the New Mexico Trial Lawyers Association,  an organization that historically and consistently has opposed medical malpractice reform,  said this:
“While the bill isn’t perfect, we are very pleased to see protection for patients that are harmed by multi-billion-dollar corporations.”  

State Rep. Alan Martinez, R-Bernalillo, warned that the last-minute amendment was simply  unfair because Republicans and Democrats had agreed to the original bill text and it was  partially “gutted” by the amendment.

House Minority Whip Alan Martinez, R-Bernalillo, who voted against the committee amended bill, said this:

“It’s very hard for me to support the amended bill, because I think we gutted a good bill with that. … We were going to fix medical malpractice. Now we’re carving out certain people. … You have taken a good, negotiated bill and poisoned it with this amendment.”

Committee Democrats who voted to support the bill after the  “unfriendly amendment” said they believed it would empower plaintiffs. Rep. Joanne Ferrary (D-Las Cruces) said the amendment would give “the right back to the jury to hold multi-billion dollar corporations accountable.”

Representative Chandler  told reporters she believes the majority of physicians in the state work at the corporately owned hospitals that the amendment would impact. Although the amendment still extends protections to those practitioners, Chandler said she believes the lack of a cap for their employers could still affect whether doctors want to work there.

HB 99  approved as amended by the committee did make several other changes in addition to the punitive damages cap. That includes clarifying how many medical malpractice claims can be filed for a single medical injury and extending hospitals’ participation in a patient compensation fund through 2029.

During the January 30  hearing of the House Health and Human Services Committee, Chandler said the bill would be pushed forward regardless of the amendments and said this:

“I know many of us are concerned about the real and perceived health care shortage in the state. ”

After the committee hearing, Chandler was asked by the media if she thought the amendment threatened her bill’s future.  She said this:

“Not clear. I have to assess. … We may keep talking about this for a while.”

Representative Chandler said that  if HB 99 fails to get enacted, she would not be surprised if Lujan Grisham calls a special session later in the year to address malpractice.

House Bill 99 as amended will now be heard by the House Judiciary Committee which bill sponsor Rep. Christine Chandler chairs. The bill must pass the full House and Senate before the session ends Feb. 19.

DEAL ON PUNITIVE DAMAGES DIFFICULT

The state does have a cap on compensatory damages that cover actual losses such as medical bills and lost wages. However, New Mexico has no limit on punitive damages which  are awarded to address reckless and willful misconduct.  HB 99 bill supporters of say punitive damages have led to disproportionate awards of damages  against hospitals, attracted out-of-state malpractice attorneys to New Mexico and driven up the cost of malpractice insurance.  A legislative analysis of the bill says medical malpractice insurance premiums could drop by 3% if the measure is enacted.

Trial lawyers, hospital administrators and physician groups have taken part in closed-door negotiations organized by the Governor’s Office to try to strike a deal on changes to the medical malpractice laws.  Those talks stalled  due to disagreements over whether some of the largest hospital corporations in the state should get the same limits on punitive damages as independent physicians.

Links to quoted or relied upon news sources are here:

https://sourcenm.com/2026/01/30/new-mexico-medical-malpractice-bill-clears-its-first-hurdle/

https://nmpoliticalreport.com/2026/01/30/democrats-surprise-with-amendment-to-exempt-doctors-but-not-hospitals-from-punitive-lawsuit-damages/

https://www.abqjournal.com/news/medical-malpractice-bill-advances-after-committee-excludes-most-hospitals-from-punitive-damages-cap/2971595

COMMENTARY AND ANALYSIS

New Mexico’s medical malpractice laws have for decades been at the center of “tort reform” efforts to place caps on punitive damages and attorney’s fees in lawsuits filed in medical malpractice cases.  Medical malpractice reform has emerged as hot-button issue during 2026 thirty day New Mexico Legislative session predominately because of a statewide health care provider shortage and rising hospital insurance costs.

Supporters of changing the state’s current medical malpractice laws have cited a recent legislative survey that found 65% of currently practicing physicians are considering leaving the state to practice elsewhere. Of those doctors, most cited the potential of stiff punitive damages stemming from medical malpractice cases as the reason.

Patient safety advocates argue that giving hospitals more protection under the state’s medical malpractice laws will undermine other necessary changes, such as improved hospital staffing levels.

Gov. Michelle Lujan Grisham has urged lawmakers to act on the issue  before the session ends February 19.  She also has  said she will  consider calling a Special Session if no bill on medical malpractice reform is  approved by the 2026 Legislature.

It’s a damn shame that so much progress was made with the bipartisan attempt to overhaul New Mexico’s medical malpractice laws only to be gutted in committee. Such is the politics of New Mexico that plays out in Santa Fe.

 

This “News and Commentary” article is a report on legislation introduced to be considered during the 30 day session of the 2026 New Mexico Legislature. The article was researched and written by private citizen Steve Holman who is a concerned citizen and a homeowner who resides in Albuquerque. He is very concerned about what is in the best interest of  his community.  Mr. Holman has not been compensated for his article and it is being published as a public service by the News and Commentary blog www.PeteDinelli.com.

House Bill 0103, Senate Bill 031 And HB-0138 Promote Statewide Real Property “Upzoning”; All 3 Bills Wrong For New Mexico, Favors Developers And Investors, Promotes Gentrification As State Policy

BY: Steve Holman, Albuquerque Resident

There is currently a major battle  brewing in the City of Albuquerque and now in the 2026 New Mexico Legislature over the enactment of major changes to all  zoning laws and to allow “upzoning” on how  all properties (residential, commercial and industrial property) are zoned for development. The upzoning will likely lead to gentrification and increased property taxes.

“Upzoning is a land-use planning tool that changes existing zoning regulations to permit more intensive development in specific areas already zoned. Zoning laws govern how property can be used, including housing density, minimum lot sizes, building heights, and parking requirements. Upzoning alters these rules to increase permitted density or intensity of use, allowing more units per acre, taller buildings, or different uses like commercial establishments in residential zones. This process does not directly create new housing but removes regulatory barriers, incentivizing new construction.”

The link to the quoted and relied upon source is here:

https://legalclarity.org/what-is-upzoning-and-how-does-the-legal-process-work/

Gentrification is the  process in which wealthier, privileged, typically white individuals move into neighborhoods that are largely populated by poor and working-class residents who are frequently and predominantly people of colour, the newcomers ultimately displacing the original residents. The privileged group includes both individuals and businesses, and often their interests in occupying a particular neighborhood  diverge from those of the neighbourhood’s original residents. Proponents of gentrification sometimes argue that an influx of affluent residents to disinvested neighborhoods brings much-needed investment into the area; however, this process often displaces most of the area’s longtime residents and businesses because of rising costs of living. 

The link to the quoted and relied upon source is here:

https://www.britannica.com/topic/gentrification

In Albuquerque, the attempt to implement upzoning was done via the Integrated Development Ordinance (IDO) which is all the city’s zoning laws. It faced strenuous opposition. Hundreds of residents contacted the city council, with letters and petition signatures submitted in opposition and with local neighborhood associations and community advocacy groups standing in opposition. During the Land Use Planning and Zoning committee hearing on January 28, 2026, upzoning was gutted from the IDO  amendments. On February18, the full 9 member Albuquerque City Council will vote on the final 140 amendments to the IDO.

EDITOR’S NOTE: Residential zoning covers 27% of Albuquerque’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built homes. The amendments to Albuquerque’s Integrated Development Ordinance was an attempt  to double or triple housing density in established neighborhoods by allowing duplex,  condominium or apartment development in all 120,000 residential lots in established and built out neighborhoods. The goal is to increase affordable housing. It will not. The proposed amendments to the IDO included a mandate for “upzoning” of all existing residential properties to double or triple density in established neighborhoods as permissive use requiring no city applications with no rights to contest nor appeal the upgrading by adjoining property owners. The mandatory upzoning would allow for the development of apartment or commercial use, such as bodegas, on all corner lots in residential areas bordering main thorough fares.

With Upzoning legislation thus far failing in Albuquerque, sinister political maneuvering has now begun with a few Democrat legislators sponsoring legislation to make Upzoning state-wide by introducing legislation into the 30 day 2026 New Mexico Legislature. Their goal is sweeping and dramatic. They want to remove many zoning powers from county governments and municipalities under the guise of increasing affordable housing. Powerful forces, both private and political, are at work seeking to ensure Upzoning and gentrification are  the new state policy under the false premise and in response to increasing affordable housing.

HB-0103 ATTEMPTS TO CHANGE STATE TAX LAW AFFECTING ALL COUNTY ASSESSORS

One controversy with Upzoning has been its impact on real property taxes, both residential and commercial property. The current state law says that if you re-zone a property, the 3% cap on how much your taxes may be increased would no longer apply. With Upzoning changes, many could see re-assessment on their taxes at market rate with significant property tax increases as a result.

House Representatives Cristina Parajon and Heather Berghmans have introduced house bill HB-0103 to make it so that zoning changes don’t take away the 3% cap. However, what is very damning to this bill is the fiscal impact report.

Within the fiscal impact report on HB-0103 much of its results are extremely worrying.  The report says this:

“Valuating the fiscal impact of this bill is difficult due to limited information on the scope of potentially affected properties and current assessor practices related to zoning changes. …  [T]he potential impact on property tax revenues cannot be reliably quantified.” 

The state is already seeing reduced personal property tax revenue due to expansions in exemptions. The collection of this revenue is important in funding public services. Because there is no reliable consistent data from any single county in the state, they cannot quantify how much of an impact this proposed change would have on tax revenue or how it could impact services.

Further into the impact report it points out several significant issues stating as follows:

“By removing zoning changes as a trigger for revaluation, the bill places greater emphasis on determining whether a change in use has occurred, which may require additional documentation, site review, or interpretation.” 

The report goes on to say this:

“The bill does not define “change in use,” which could increase administrative complexity, contribute to inconsistent application across counties, and result in additional valuation disputes or appeals.” 

By removing the zoning change as a trigger for reassessment this means that assessors would have to rely on their own interpretations of use and what could constitute a change of use as well. There is no single state-wide legal definition, so it varies between each municipality and county. 

It is more likely than not that this lack of definition and uniformity will lead to class action lawsuits and legal challenges against county assessors. This also means that your county assessor could potentially interpret change in use as the property now allowing for permissive uses like townhomes, apartments, duplexes, and retail if you were Upzoned.

Considering the impacts of these changes with unclear definitions and potential for loss of property tax revenue, local county assessors have thus far been derelict in their duties not to oppose the legislation.

The link to review House Bill 103 is here:

https://www.nmlegis.gov/Sessions/26 Regular/bills/house/HB0103.html

SENATE BILL 0131 ATTEMPTS TO IMPLEMENT UPZONING STATE-WIDE

The purpose and concept behind Upzoning must be revisited.  The idea is that if you allow permissive use of townhomes, apartments, duplexes, and retail within single family zoning, it removes restrictions and allows for increased development that will hopefully lower costs and increase affordable housing. This is being touted as a solution to affordable housing, despite no mandate for any affordable housing to be built or any legislation to regulate price speculation.

Studies about Upzoning are still emerging and are limited in scope, but the data released is reflecting that Upzoning actually fosters gentrification.  It most often impacts low income and non-white communities. It also has been shown to have little impact on housing inventory and price.

This has been fought in Albuquerque, because it utilizes many tools of gentrification as Upzoning proposed in the IDO;

• Allows zoning changes for higher density
• Relaxes regulatory measures
• Does not mandate affordable housing of any type
• Excludes community involvement/empowerment by lawsuits being their only recourse
• Includes amenities like retail
• Places no measures against real estate price speculation
• Has no anti-displacement measures for existing residents
• Removes protections of historic neighborhoods and sites like The Petroglyphs via removal of height restrictions.

In essence, Upzoning is a deregulatory developer handout that removes many of the guardrails of zoning allowing developers to build what they want wherever they want.

Enter Senate Bill SB-0131 which has been proposed by Senator Antonio “Moe” Maestas.

SB-0131 seeks to implement Upzoning state-wide, but this bill has a massive amount of side effects.

THREE MAJOR DOWNSIDES TO SENATE BILL 0131

There are three major downsides to Senate Bill 0131 and they are:

FIRST: There would be the removal of powers from local municipalities by taking away their ability to manage the following:

 The height, number of stories, size of buildings and other structures

• The percent a lot may be occupied
• The size of yards, courts, and other open space
• The density of population
• The location and use of buildings, structures, and land for trade, industry, residence or other purposes.
• The ability to divide the territory under its jurisdiction into districts
• Regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district

If SB-0131 is enacted, the above decisions on zoning would now reside with the state instead of local municipalities or counties, removing the ability of individual towns, cities and counties submitted to have any means of self-determination in addressing growth.

SECOND: The enactment of Upzoning by the state will require all county and state municipalities to:

• Accommodate one additional dwelling unit within each lot in a single-family zoning district as a permissive use;
• Eliminate restrictions on building height and number of stories
• Not prohibit residential apartments in commercial zones
• Not prohibit duplexes and townhouses in residential zones or on mixed-use lots
• Allow in residential zones development for small-scale commercial uses that provide neighborhood-scale convenience shopping, food, beverages, indoor entertainment or professional offices; provided that the uses comply with local rules governing traffic and noise
• Not implement minimum parking mandates (a law, a rule or an ordinance that specifies a minimum number of off-street vehicle parking spaces, including within a garage or other enclosed area)

THIRD: SB-0131 also seeks to move all disputes about zoning or complaints to state district courts instead of using local established means.  That means residents and municipalities only have filing a law suit as a response to any issues.

If you compare what SB-0131 enacts to what is currently being attempted in Albuquerque, you can see the desired results line up exactly, but now it removes local municipalities and counties of their autonomy and gives massive new zoning powers for the state to manage.

All of this is being done in the name of “affordable housing,” but it in no way allocates for any measures to address the affordability of homes and instead seeks to use our existing communities as a means for developers and investors to further buy up residential homes.  Now they can utilize existing infrastructure in established neighborhoods to build what they want wherever they want with market rate prices.

The link to review Senate Bill 0131 is here

https://www.nmlegis.gov/Sessions/26 Regular/bills/senate/SB0131.HTML

HB-0138  REMOVES COUNTY AND MUCIPALITIES HISTORICAL POWER TO MANAGE LOT SIZE

Lastly, we have house bill HB-0138 introduced by State Representative Andrea Romero that adds to the list of legislative sleight of hand. Existing law gives all counties and municipalities the zoning authority to regulate and restrict building heights, number of stories and size of buildings on lots. Existing law gives counties and municipalities the authority to  regulate use and density and impose restrictions on the actual size of lots where development and construction can happen. HB-0138 would prohibit both county and municipal zoning authorities from imposing lot size requirements for residential property. HB-0138 essentially consolidates and gives power to the state and removes local self-determination from all counties and municipalities.

The link to review HB-0138 is here:

Click to access HB0138.pdf

ONLY DEVELOPERS AND INVESTORS CAN AFFORD AND WILL BENEFIT

Most regular citizens can’t afford to convert their properties with Upzoning.  Developers and corporate interests certainly can and they see value in Albuquerque’s single-family homes in the amount of $14.2 billion alone.

According to the Homebuilders Digest construction costs cover everything from materials to the actual construction.  In Albuquerque there are four basic categories of construction:

1. A value-basedcustom home would start around $175 per square foot. This is a home that would have builder-grade finishes, such as ceramic tile, laminate flooring, basic cabinets, level one granite or quartz, aluminum or builder-grade vinyl windows, value series appliances, and basic plumbing and electrical fixtures.
2. A mid-range home would start at around $225 per square foot. Mid-range finishes would include porcelain tile, engineered wood, mid-level cabinets with soft close, level two or three granite or quartz, and a moderate budget for plumbing and electrical fixtures. It would also have premium vinyl or fiberglass windows and higher-end appliances.
3. A high-endcustom home would start at around $275 per square foot. This home would have all high-end custom finishes, fiberglass or wood windows, and professional appliances.
4. A home with energy efficiency featureswould range between $200 to $400 per square foot depending on selections for mechanical systems, windows, plumbing and lighting fixtures, cabinets, appliances, flooring, and more.

The link to the relied upon or quoted source is here:

https://www.homebuilderdigest.com/cost-guides/how-much-does-it-cost-to-build-a-house-in-albuquerque/

The minimum hard construction cost to build a 750 square foot free standing casita or convert an existing residence to a duplex by adding on 750 square feet of living space at the value base cost of $175 or the mid-range cost of $225 would between $131,250 (750 square ft. X $175) or $168,750 (750 X $225). The homeowner who does not have the cash savings to pay the construction costs, a second or third mortgage on the residence would be required.

Simply put, only developers and investors who speculate will be able to double or triple density by buying up existing homes for purposes of building casitas or converting residences to a duplex or townhome.  After that is done, the profit motive will be to sell or rent at the highest level and not for affordable housing.

It is no wonder support of Upzoning is backed by pro-real estate and pro-developer groups like NAIOP (a Commercial Real Estate Development Association), the Greater Albuquerque Chamber of Commerce, the New Mexico Home Builders Association and the Apartment Association of New Mexico. These are all major players in our real estate market that have furthered policies that have led to our current crisis of housing affordability.  They also have all openly pledged their support behind SB-0131 and Senator Antonio “Moe” Maestas in a piece they wrote published in the Albuquerque Journal.

Follow the money and you will see that our state is currently up for sale to the highest bidder.  They are having a hard time passing this in Albuquerque, so now the entire state has been made the sacrificial lamb to slaughter.

If these pieces of developer handout legislation were to be passed, only time will tell how the legal response from residents, local municipalities, and county assessors offices could be.

CONTACT YOUR LEGISLATOR

Please email the State of New Mexico House and Senate and tell them NO to HB-0103 and SB-0131.

Please tell them that this handout to developer interests will allow for gentrification and takes power and self-determination away from residents and local municipalities.

house@nmlegis.gov

senate@nmlegis.gov

Senator Antonio “Moe” Maestas:

505-986-4373

antonio.maestas@nmlegis.gov

Representative Cristina Parajon:

505-986-4436

cristina.parajon@nmlegis.gov

Representative Heather Berghmans:

505-986-4726

heather.berghmans@nmlegis.gov

Representative Andrea Romero:

505-986-4327

andrea@andrearomero.com

Email Governor Michelle Lujan Grisham

https://www.governor.state.nm.us/contact-the-governor/

Links to the legislation:

SB-0131 – https://www.nmlegis.gov/Sessions/26 Regular/bills/senate/SB0131.HTML

HB-0103 – https://www.nmlegis.gov/Sessions/26 Regular/bills/house/HB0103.html

Impact Report HB-0103 – https://www.nmlegis.gov/Sessions/26 Regular/firs/HB0103.PDF

HB-0138 – https://www.nmlegis.gov/Sessions/26 Regular/bills/house/HB0138.HTML

 

On December 9, 2025, Mayor Tim Keller was elected to a historic third consecutive four-year term as Mayor of Albuquerque. His election now provides him with the very unique  opportunity to completely reshape and reorganize the Albquerquerqu Police Department (APD) for a third time with a new generation of leaders and police officers to address the city’s crime efforts.

This article is an in-depth analysis of APD staffing with Commentary and Analysis.

INTERIM APD CHIEF APPOINTED

On December 31, Mayor Tim Keller announced his appointment of APD Deputy Chief Cecily Barker as Interim APD Chief after the retirement of former Chief Harold Medina on the same day.  Mayor Keller also announced he would do a national search for a new chief. The city hired the out of state  firm Public Sector Search & Consulting Inc. to assist in the search for a new Police Chief. The firm specializes in police executive searches. The firm’s contract began January  2 and has a maximum limit of $100,000. At least six people have applied and  Interim Chief Baker has said she will be applying.

APD REORGANIZATION

On January 9, APD Interim Chief Cecily Barker announced a reorganization of the APD. The reorganization includes new executive appointments and the elimination of 12 command staff positions. The  12 command staff potions are being eliminated are a combination of sworn personnel, such as  Deputy Commanders for both Internal Affairs division, and professional employees, such as the Director of Analytics.

The changes in staff are expected to save the city upwards of  $2.4 million.

Interim Chief Barker announced the following changes as part of her new executive team:

• Major Luke Languit was named Interim Deputy Chief of Field services.
• Medina’s former Chief of Staff Miker Hernandez was named  Interim Deputy Chief of Support Services.
• Commander Aaron Jones was named Interim Chief of Staff.
• Deputy  Chief George Vega will continue as Deputy Chief of the Investigations Bureau.
• Deputy Chief Josh Brown will continue as Deputy Chief of the Special Operations  Bureau.

Despite the announced cuts made by  Interim Chief Barker, APD is continuing to recruit sworn officers. The department has 47 people in training at the police academy. The next cadet class is scheduled to start in March. APD currently has 913 sworn officers, or 921 with a corrected number identified, and 93 police service aides.

Chief Barker said this about her announced appointments and the  reorganization:

“We have an experienced team in  place to lead the department forward , while we transition into a new era of public safety in Albuquerque.  We are  experiencing new  challenges in law enforcement , especially in response to the national political climate. We want our community to be assured that APD is prepared.”

“Many of these executive positions were created to help manage important initiatives as we navigated the final push to complete the settlement agreement with the Department of Justice.  We no longer need the same level of management. We need to prioritize our resources to maintain the cities reduction in crime.”

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

https://citydesk.org/2026/01/09/apd-interim-chief-reorganizes-department-eliminates-12-command-positions/

The postscript also contains the link to a relied upon news source.

COMMENTARY AND ANALYSIS

This News and Commentary  article is an in-depth analysis  of APD’s organization and its personnel staffing  relying on the department’s organization chart, its personnel summary as well as discussions with confidential sources for fact checking and to confirm accuracy.

The link to review the most current APD organization chart that was updated on January 9, 2026 consisting of 9 pages is here:

https://www.cabq.gov/police/documents/apd-division-org-chart-1-7-26-draft-pdf.pdf

The link to review the one page “Department Summary: Sworn Personnel”  which was replaced and updated as recently as January 23, 2026  is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

Examination and analysis  of  the APD Organization Chart and the Summary of APD’s personnel reflects a law enforcement agency that is clearly top heavy and  bloated with management in need of a major reorganization, deletion of positions, reassignment of personnel and the recruitment of a new generation of police officers.

BAKER APPOINTS DEPUTY CHIEFS

Interim Chief Baker has appointed or retained all former APD Chief Harold Medina’s loyalist as Deputy Chiefs. The  appointments Barker made are:

• Major Luke Languit named Interim Deputy Chief of Field Services
• Medina’s former Chief of Staff Miker Hernandez  named  Interim Deputy Chief of Support Services.
• Deputy  Chief George Vega  will continue  as Deputy Chief of the Investigations Bureau,
• Deputy Chief Josh Brown will continue as Deputy Chief of the Special Operations  Bureau.
• Commander Aaron Jones is named Interim Chief of Staff.

Mayor Keller should replace the entire Chief’s command staff and completely reorganize the department with  a new generation of leadership. If the entire command staff that Chief Medina put in is not replaced, including all the Deputy Chiefs, there is little to no chance APD will change. Medina management policies and style will remain. APD will revert back to the old ways that brought on the Department of Justice (DOJ)  consent decree that lasted for 10 years with the city paying millions of taxpayer dollars to institute constitutional policing practices.

APD is still reeling from 10 years of a DOJ consent decree and a DWI bribery dismissal scandal where 20 cops from 3 agencies have been implicated and 9 APD Officers have plead guilty and are still awaiting sentencing. What Mayor Keller should consider doing  to restore confidence in APD and restoring its reputation is appointing a new APD Chief and two, perhaps 3 Deputy Chief’s, who would be recruited from outside of APD ranks and hired at the same time as a whole new management team. They would be brought in together to assume command of APD. This would ensure a new era of command staff to restore confidence and faith in APD  and new ideas on how to run a department that has been run into the ground the last 16  years by Mayors Berry and Keller.

APPOINTMENT OF PERMANENT CHIEF

Interim Chief Cecily Barker is considered the strongest Medina loyalist. When Medina retired, he advocated for one of his appointed Deputy Chief’s to take his place and he said this: “I hope that I left a strong bench for mayor to look at and choose.”  It is common knowledge that Medina groomed Chief Barker to replace him. All 5 appointments underscore the need to do a national search for a new APD Chief and Deputy Chiefs and not just with Medina loyalists and cronies.

Speculation runs rampant  amongst City Hall and APD observers that despite Mayor Keller’s  public announcement  that he will do a national search for a new Chief, he has already made up his mind and will appoint and make Interim Chief  Barker permanent. The major reason people feel that Keller will make Barker permanent is that he is following the identical pattern he has followed with his appointments in the past: appoint an interim chief, announce a national search, going through the motions of accepting applications, having extensive public input, and doing interviews only to appoint his interim permanent saying the most qualified person for the job “was right in front of our eyes all along  who has been interim chief”.

After 8 years being Mayor and after appointing two APD Chief’s, Keller likely has no doubt what he is looking for in an APD Chief. One nagging rumor is that Mayor Keller is “champing at the bit” to appoint the first female chief of police thereby making Barker his favored choice.

Now that Mayor Keller has had the city hire a private firm to the tune of $100,000 to help with a national search, he should go forward himself, along with his Chief Administrative Officer and the City Attorney and do the interviews himself.  Mayor Keller needs to decide sooner rather than later who to appoint Chief.  If in fact Interim Chief Barker is who he really wants, he should  avoid wasting peoples time and the politcal sham of doing a national search and just go ahead and appoint Barker.

ELIMINATE UNECESSARY MID MANAGEMENT POSITIONS

APD  is  top heavy with mid-management positions that are very difficult to justify, who do administrative work, who do not take calls for service and who do not do basic police work. During the last four years, APD has created a whole new level of mid-management that is unnecessary, consisting of the positions of Major and Deputy Commander.  Spread out over the six APD Bureaus are 11 Deputy Commander positions and 3 Major positions for a total of 14 positions.  None of these officers are assigned to the field to patrol the streets, they do not respond to  calls for service, they make no arrests and they do not carry investigation caseloads. They perform administrative and support duties. All 14 positions should be eliminated and the personnel reassigned.

ANALYSIS OF SIX APD BUREAUS

Following is an Analysis and Commentary on APD’s six bureaus:

1. THE OFFICE OF THE CHIEF

Simply put, the Office of the Chief is bloated. According to the APD  Department Summary of  Sworn  Personnel, it has a total of 43 fully staffed positions yet incorrectly reports a total of 35. This miscalculation would mean that the total staffing figure for APD sworn would be 921 and not the 913 reported. The Office of the Chief includes the executive staff of 10 comprised of the  Chief,1 Chief of Staff, 1 Executive Director and 4 Deputy Chiefs. There are 35 others assigned to the Office of the Chief which includes 3 Majors, 1 Commander, 7 Lieutenants, 5 Sergeants, all of which are lower or mid management positions. It also has  20 Officers/detectives listed as assigned to it.

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

The Organization Chart for the Office of the Chief reflects it has three public spokespersons who do interviews, prepare press releases, respond to the media inquiries and who post on the department’s FACEBOOK page and social media outlets with all three reporting directly the Chief. APD should cease any and all of its social media efforts given the lengthy history of very negative antics an abuse by the main APD Spokesperson. Most city departments have only one spokesperson calling into question the need for 3 APD spokespersons when there should be only one. Three spokespersons for APD is nothing more than the APD’s effort to control the narrative with the media in the most positive light.

The Organization Chart for the Office of the Chief reflects that the Chief of Staff has direct “chain of command” over the Operations Review Division, APD’s Human Resources, Compliance & Oversight and APD Policy ostensibly staffed with sworn personnel including one Commander over the Operations Review  and one Lieutenant over Compliance & Oversight. The duties and functions of these sections should be assumed by trained civilian staff reporting to sworn mid management. The Mayors Detail consisting of 4 officers who provide Security for the Mayor is in the direct chain of command of the Chief.  They  should also provide security to the Albuquerque City Council when deemed necessary or appropriate during a public crisis or when elected city councilors are threatened.

The Office of Chief should be compromised of the very uppermost management of the department and include the Deputy Chiefs who oversee the APD Bureaus, the Chief of Staff along with designated APD civilian staff that are in charge of administrative matters, including budgets, grants, accounting and human resources matters. The fact that the Office of Chief  has 3 Majors, 1 Commander, 7 Lieutenants, 5 Sergeants, all of which  are mid management positions along with 20 Officers/detectives reflects that the Office of the Chief it is bloated with sworn police that are performing functions that trained civilian staff should be performing.

The Office of the Chief has the Compliance and Oversight Section managed by a Lieutenant with assigned sworn officers and detectives. This section  should be completely removed from the Office of the Chief and reassigned to the Office of Superintendent, which then should be reorganized and designated as the Internal Affairs, Compliance and Oversight Bureau.

2. THE OFFICE OF SUPERINTENDANT

The Organization Chart and Summary of Personnel for the Office of Superintendent reflects 29  sworn personnel who are assigned to the bureau. It  includes 1  Executive Director,  2 Majors, 2 Commanders, 3 Deputy Commanders, 2 Lieutenants, 10 Sergeants and 9 Officer/Detectives for a total of 29  sworn police personnel. The Office of Superintendent is divided into the  bureau of Police Reform/Professional Integrity, Behavioral Health and Peer Support.

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

The most critical function of the Office of Superintendent is Internal Affair functions of investigating police misconduct. Three civilian monitors, which include 2 retired former judges, are on contract and monitor APD training, discipline and use of force misconduct and are believed to work only part time.

Under the APD Organization Chart, the Superintendent of Police Reform  reports directly first to the  Associate Chief Administrative Officer who reports directly to the City’s Chief Administrative Officer. The Superintendent does not report to the APD Chief nor to the Mayor which is how it should be to ensure complete autonomy and to avoid even the appearance of undue influence by the Chief or the Mayor. Three civilian monitors, which include 2 retired former judges, who are on contract, report directly to the civilian Associate Chief Administrative Officer and the Chief Administrative Officer and are not within the chain of command of the Superintendent.

The Superintendent position was created in response to implementation of the Federal Court Approved Settlement Agreement, and the primary function is Internal Affair functions to investigate police misconduct, including use of force and deadly force. In May 2025, the  U.S. District Court approval the termination of  the federal consent decree known as the Court Approved Settlement Agreement (CASA) covering the Albuquerque Police Department (APD) since 2015.

The Office of Superintendent should be streamlined, reorganized and designated as the Internal Affairs Compliance and Oversight Bureau with a Deputy Chief who would not be in the Chief’s direct chain of command, but who would  report to the  Associate Chief Administrative Officer and  the City’s Chief Administrative Officer.

The 2 Majors and 3 Deputy Commanders positions and 8 Sergeant positions, should be removed and reassigned, leaving two Sergeant positions and the 29  sworn police personnel. The position of Superintendent would be abolished and the new Internal Affairs Compliance and Oversight Bureau created that does not report to the Chief but the Chief Administrative Officer.

The three contract monitors over police training, discipline and use of force should be consolidated into one full time contract position.

3. THE FIELD SERVICES BUREAU

The Field Services Bureau is by far the largest of all the six major bureaus of APD. It should  be reorganized to include the Problem Response Teams (PRT) and Crisis Intervention Teams (CIT) do more patrols of area commands and to take more calls for service.

The Field Services Bureau has assigned to it 519 sworn personnel out of the whole department of 913 or a 927 adjusted figure. The Field Services Bureau includes APD’s seven area commands (Foothills, Northeast, Northwest, Valley, Southwest, Southeast, University). The number of officers assigned to the area commands is contingent upon the calls for service volume in the area commands.

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

There are 351 out of 519 sworn, or 67%, sworn police assigned to the six area commands in the Field Service Bureau patrolling the streets, with the balance of 168 being management. The 351 are the sworn officers who  bid for the assignment. The 351 are  broken down into 3 shifts and patrol the streets and neighborhoods responding to hundreds of thousands of calls for service a year.

STAGGERING NUMBER OF CALLS FOR SERVICE

The 2025-2026 approved APD budget reports on the staggering number of calls for service APD responded to throughout the city for the years 2023, 2024 and mid year 2025 as follows:

Number of 911 calls received:

• 2023 Actual Calls Received:           434,083
• 2024 Actual Calls Received:           421,907
• 2025 Mid-year Calls Received:       214,948

Number of 911 calls answered:

• 2023 Actual Calls Answered:          386,014
• 2024 Actual Calls  Answered:         385,200
• 2025 Mid-year Calls Answered:      192,784

EDITORS NOTE:  Many 911 calls are diverted  to the Albuquerque Community Safety Division and Transit security, but they have no arrest authority.

FELONY AND MISDEMEANOR ARRESTS 

The 2025-2026 approved APD budget contains statistics on felony arrests and misdemeanor arrests made by all APD sworn and it is presumed that a good portion of those arrests were made by area command sworn police. Following are the statistics

Number of Felony Arrests:

• 2023:   8,034
• 2024:   7,519
• 2025 Mid-year:  4,331

Number of Misdemeanor Arrests:

• 2023:  11,293
• 2024:   13,573
• 2025 Mid-year:  7,094

Source: APD 2025-2026 approved budget, page 161.

https://www.cabq.gov/dfa/documents/fy26-proposed-budget-web-version.pdf

GROSS UNDERSTAFFING

Simply put, 351 sworn police officers spread out over the entire city over 3 shifts handling  hundreds of thousands of calls for service amounts to gross understaffing. Actual shift numbers working  are repeatedly reduced because of annual leave, sick leave, military duty leave, terminations, retirements, voluntary departures or other reasons.

Area Commanders are known to attend and report to Neighborhood Associations and Coalitions on crime statistics and staffing levels. It is not uncommon for Area Commanders or other APD staff to report during neighborhood association meetings that staffing  levels during shifts are extremely low and that too many times only 2 or 3 sworn police are patrolling entire command areas.

A.   PROBLEM RESPONSE TEAMS

The Field Services Bureau includes APD’s Problem Response Teams (PRT). The PRTs staffing includes 6 PRT Sergeants and 42 PRT sworn officers who conduct proactive enforcement in crime areas and community engagement and outreach. They work mostly in inform but can work in plain cloths capacity, at times undercover, and they are assigned government take home vehicles. Their primary law enforcement duties do not officially include being dispatched and responding to  911 calls for service nor doing  regular patrols of the streets and neighborhoods like field officers. The PRT teams can likely do more responding and being dispatched to  911 calls for service and to do regular patrols of the streets and neighborhoods. All 42 PRT Officers should be in the loop and made available to be immediately dispatched to take 911 Calls for service.

B.   CRISIS INTERVENTION TEAMS

The Field Services Bureau includes Crisis Intervention Teams (CIT). There is a total of 25 sworn police assigned to the Crisis Intervention Teams consisting of 1 CIT Commander, 2 CIT Deputy Commanders, 3 CIT Sergeants and 18 CIT Officer/Detectives. The CIT Teams should be streamlined with the elimination of Deputy Commanders. Sworn Officers assigned to CIT are not in uniform, work in plain clothes and are assigned government take home vehicles. Sworn police assigned to CIT do not do regular patrols of  the streets and neighborhoods like field officers. The Crisis Intervention Teams work with people who are subject of emergency calls for service and who exhibit chronic behavior patterns or who are suffering from psychotic episodes that may pose risks to themselves or others. One of the primary goals of Crisis Intervention Teams (CIT) is to ensure that situations involving people in crisis are diffused so that use of force and deadly force may be avoided and that proper medical attention can be provided or referrals made to appropriate service agencies. The duties and responsibilities of the Problem Response Teams should include being in the loop taking 911 calls for service and to regularly patrol the streets and neighborhoods like all  field officers.

4. THE SPECIAL OPERATIONS BUREAU

According to the APD organization chart, the Special Operations Bureau has a total staffing of 123 sworn personnel as follows:

• 1 Deputy Chief
• 4 Commanders
• 2 Deputy Commanders
• 6 Lieutenants
• 19 Sergeants
• 91 sworn officers/detectives

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

The Special Operations Bureau is divided into the four separate divisions of Special Services Division, the Aviation Division, the Tactical Division and the Metro Traffic Division with each having a Commander.

The Special Services Division includes the specialized units of  Homeland Security Unit, the Horse Mounted Unit, the Air Support Unit, the Open Space Unit, the Special Services Unit, the Metro Court Protection Unit and the Emergency Response Team.

The Aviation Unit is believed to be the unit that provides security for Albuquerque International Airport.

The Tactical Division includes Tactical Support, SWAT Unit and the K-9 unit.

The Metro Traffic Division includes the Motors Unit, the Aggressive Driving Unit, the Abandon Vehicles Unit the Fatal Accident Team, the Swing Motors Unit and the DWI Unit

The 2025-2026 approved APD budget contains statistics on the Number of DWI arrests as follows:

• 2023:                 1,385
• 2024:                 1,063
• 2025 Mid-year:    479

Source: APD 2025-2026 approved budget, page 161.

https://www.cabq.gov/dfa/documents/fy26-proposed-budget-web-version.pdf

The two Deputy Commander positions should be eliminated. Given the eclectic functions of this bureau, and after the elimination of the two Deputy Commander positions, the ratio of command staff to sworn officers is deemed necessary and at appropriate levels.

5. INVESTIGATIVE BUREAU

According to the APD Organization Chart, the Investigations Bureau consists of the 3 Sections: the Criminal Investigations Division, the Scientific Evidence Division and the Investigative Services Division.  Investigations Bureau has a total staffing of 145 sworn personnel  as follows:

• 1 Deputy Chief
• 3 Commanders
• 3 Deputy Commanders
• 5 Lieutenants
• 19 Sergeants
• 114 Officers/ Detectives

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

The Investigative Bureau should be reorganized and personnel cuts made. The 3 Deputy Commander positions are unnecessary and should be eliminated with their duties and responsibilities assumed by the Commanders and the Lieutenants.

The 19 Sergeant positions should be cut to 10 and the 114 Officer/Detectives should be cut to 60 with the 133 balance of sergeants and Officer/Detectives positions reassigned to Field Services area commands to respond to calls for service in patrol.

The duties and responsibilities of the Scientific Evidence Division should be performed and assumed by civilian staff, and all sworn reassigned and the one vacant Lieutenant position should be eliminated.

The Investigative Services Division should be streamlined and designated as the Property Crimes Division to  deal exclusively with the Auto Theft, Organized Crime, Burglary, Robbery and Narcotics and Intelligence. The Investigative Support and Electronics Support services officers should be replaced with trained civilian staff to do these support services.

6. SUPPORT SERVICES BUREAU

According to the “Department Summary of Sworn Personnel” the  APD Support Services Bureaus has 62 assigned sworn police officers consisting of the following 1 Deputy Chief, 1 Major, 2 Commanders, 1 Deputy Commander, 3 Lieutenants, 6 Sergeants, 18 Officers/Detectives and Cadet and Lateral Hire Classes totaling 30.

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

The Support Services Bureau is divided into the Real Time Crime Center Division with a Major in charge and the APD Academy Division with a Commander in charge.

The Real Time Crime Center Division includes the Emergency Communications Center ( the 911 Dispatch, Telephone Report Unit, Records and data), the Crime Analysis Center, the Records Division (Crime Statistics, NCIC).

The Academy Division includes the APD Academy itself and is  responsible for all basic and professional training classes and cadet training classes.

Commanders should be in charge of  Real Time Crime Center Division and the Academy Division. The positions  of Major and Deputy Commander should be eliminated, with the Major position reclassified as a Commander.

The link to the “Department Summary: Sworn Personnel” is here:

https://www.cabq.gov/police/documents/apd-staffing-numbers-2026.pdf

RECRUITE OF A NEW GENERATION OF POLICE OFFICER

On December 1, 2009, when former Mayor Richard Berry was sworn into office for his first term, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded department in its history. APD was fully funded and staffed with 1,100 sworn police officers. Over the 8 years of Berry’s two terms, APD went from 1,100 sworn police and hit a rock bottom of  853 sworn police.

When then New Mexico State Auditor Tim Keller ran for Mayor, he ran in part on the platform of increasing the size of the Albuquerque Police Department (APD) to 1,200 police and returning to “community-based policing” by the end of his first term. When Mayor Tim Keller assumed office on December 1, 2017, there were 861 full time sworn police according to the 2017-2018 city budget figures and payroll records at the time.

To keep his campaign promises on APD, Mayor Keller order his Administration to begin implementing an $88 million-dollar police department expansion program. The announced goal was to increase the number of sworn police officers from 861 positions filled to 1,200, or by 339 sworn police officers, over a 4-year period. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term, pledging to hire 100 new police officers a year. It  never happened but  Keller was elected to a second term.

Over his entire 8 years and two terms, Mayor Keller has never successfully achieved the goal of 1,000 sworn police let alone the 1,200 he promised 8 years ago. The closst Mayor Keller came to 1,000 sworn  was on February 8, 2021 when it was reported to the  City Council  by then Interim Chief Harold Medina that  APD had 957 sworn police.

Mayor Keller has said that the goal of achieving 1,000 police is too elusive, and it’s a unicorn never to be seen. Notwithstanding Mayor Keller’s opinion, APD over at least the last  3 years has been given funding for1,000 sworn police positions  only to have as many as 100 positions or more go vacant because APD is unable to keep up with retirements. Rather than allowing the funding for the vacant positions to revert to the general fund, APD management has essentially used the funding as a “slush fund”  on other APD priorities including retention bonus funding and APD programs not funded by the city council.

APD cannot deal with the city’s high crime rates because APD’s sworn personnel is currently at 913 or 921 depending on which correct numbers are used. For the last 16 years, under both Mayors Berry and Keller, recruitment has been stagnant.  APD has not been able to keep up with retirements despite being the best paid law enforcement department in the state.

APD can in fact reach the 1,100 level of sworn personnel with recruitment of a whole new, younger generation of police officers by using same methods that achieved the 1,100 figure in 2019, but it will be costly. The current payment of incentive pay of as much as $18,000 a year to experience officers who are eligible to retire should be phased out and abandoned with the funding dedicated to recruitment efforts.

A program of giving  “sign on bonuses” of as much of $50,000 should be made available in exchange for a 5 year commitment from young,  new  recruits to work for APD and paid out in $10,000 increments per year in addition to their yearly pay. (EDITOR’S NOTE: The Federal government is paying $50,000 sign on bonuses for ICE agents.)  A combination of home mortgage down payments, credit card debt reduction payments, student loan reduction payments and bonuses for higher education should be offered.

Until APD, the Mayor and City Council get serious and get aggressive about recruiting a new, younger generation of cop with financial incentives, APD will always be understaffed.

REMOVE MANAGEMENT FROM COLLECTIVE BARGAINING UNIT

Under the City’s Personnel rules and regulations, the APD Chief, the Deputy Chiefs, Commanders, Deputy Commanders, and Majors are all “unclassified” positions making them  at will employees and they  may be terminated without cause. APD Sergeants and Lieutenants are “classified employees” and can only be terminated for cause.

For decades, APD Sergeants and Lieutenants have been allowed to be part of the Albuquerque Police Officers Association collective bargaining unit.  Any and all disciplinary actions taken against APD Lieutenants and Sergeants and sworn officers below those ranks are governed by the union contract. They have due process rights including progressive disciplinary actions and rights of appeal.

The New Mexico Public Employees Bargaining Act, Sections 10-7E-1 to 10-7E-26 H (NMSA 1978), governs the enforcement of the city’s collective bargaining agreement with the APD police union. Section 10-7E-5 provides for the rights of public employees and states in part

“Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining … .

The link to the statute is here:

https://www.pelrb.state.nm.us/statute.php

The police union contract violates state law when it allows the management positions of Lieutenants and Sergeants to be part of the collective bargaining unit and it’s a practice that should be stopped. Their membership results in an inherent conflict  between management priorities and policies and rank and file priorities that are union policies.

Under New Mexico law, APD Sergeants and Lieutenants should be viewed as management employees and be prohibited from joining the APOA union as a condition of their employment. APD Lieutenants and Sergeants are on the front-line management that oversee those officers who serve under their command. APD Lieutenants and Sergeants are primarily responsible for making sure that all Standard Operating Procedures (SOP’s) are followed by subordinates.

APD Lieutenants and Sergeants need to be removed from the collective bargaining unit, recognized as management  and made at will employees so that they can fully represent management and not have a conflict of interest with subordinates. There is a president for doing this. Over 20 years ago, APD Captains, reclassified as Commanders, were part of the collective bargaining unit but were removed through union negotiations.

Mayor Tim Keller should aggressively make the removal of APD Lieutenants and Sergeants as part of collective bargaining negotiations. The city should go so far as file suite to seek decertification of the union in court to prevent Lieutenants and Sergeants from being part of union negotiations and  joining the APOA union.

FINAL COMMENTARY

Mayor Tim Keller has the very unique  opportunity to completely reshape and reorganize the Albquerquerqu Police Department (APD) for a third time with a new generation of leaders and a new generation of police officers to address the city’s crime efforts. Mayor Keller needs to replace the entire Chief’s command staff and completely reorganize the department for a new generation of leadership.

APD cannot deal with the city’s high crime rates because APD’s total sworn personnel is at 913 or 921 corrected adjusted figure. For the last 16 years, recruitment has been stagnant and the department has not been able to keep up with retirements.

As it stands, there are only 351sworn police officers assigned to the six area commands  broken down into 3 shifts and patrolling the streets responding the hundreds of thousands of calls for service a year commands while the entire  sworn police staff is 913 or 921.   APD is top heavy with mid management. APD must do better to increase the number of police patrolling the streets of Albuquerque.

Simply put, APD needs far more than one new Chief. It needs a whole new generation and management team of top command staff of Chief and Deputy Chiefs that need to be recruited.  It needs a complete reorganization and realignment of staffing to get more sworn police onto the street to patrol.

If the entire command staff that Chief Medina has put in place over the last 5 years is not replaced, including all the Deputy Chiefs and Commanders, there is little to no chance APD will change. APD will revert back to the old ways that brought on the Department of Justice (DOJ) consent decree that lasted for 10 years with the city paying millions of taxpayer dollars to institute constitutional policing practices.”

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

APD Chief Barker Assigns New Staff to Her 5th Floor

 

On January 21, Bernalillo County  District Attorney Sam Bregman sent a letter to Immigration and Customs Enforcement (ICE)  Assistant Field Office Director Bill Shaw and Customs Enforcement (ICE) placing the federal agency on notice that he will prosecute ICE agents who detain, confine or restrains any  person in Bernalillo county without a warrant. DA Bregman emphasized that ICE agents could be prosecuted under New Mexico law for the felony of “false imprisonment”.

The full letter sent to ICE Assistant Field Office Director Bill Shaw is as follows:

“Dear Mr. Shaw,

I write to express my deep concern about ICE procedures and operations across the country. Videos and the accompanying reporting raise significant questions about ICE’s willingness and ability to comply with constitutional limitations while performing their duties. These incidents further undermine confidence in ICE leadership’s commitment to ensuring basic due process for the public that they serve.

ICE’s nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico. Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico.

False imprisonment is a felony under New Mexico law. NMSA 1978, § 30-4-3 provides: “False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.”

There is no exception under New Mexico law for law enforcement officers who detain or restrain a person without lawful authority. Unless an ICE Officer has a valid warrant, lawful authority for restraint or detention under New Mexico and Federal law requires either reasonable suspicion or probable cause.

Therefore, any ICE agent who, without a signed warrant and without reasonable suspicion or probable cause, detains, confines or restrains a person in Bernalillo County may be subject to prosecution.

Please let me know if you have any questions or concerns.”                         

Sam Bregman
Second Judicial District Attorney

On Wednesday January 21,  Bregman told the Albuquerque Journal that he has received no response to his letter to Shaw. Further,  the Journal reported it did  not receive a response to a request for comment from Albuquerque officials at the U.S. Department of Homeland Security which oversees ICE.

Bregman said he wrote the letter in response to videos and news reports about ICE activities in other states. Bregman said his letter  was not prompted by any specific incidents in New Mexico. Bregman said this:

“I’m trying to get ahead of this so that it’s very clear. … I’m not going to sit by and watch anybody violate the law and turn a blind eye to it. To the contrary, we’re going to hold people accountable, and that means everybody.”

On January 21, The Associated Press (AP) reported  that ICE officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant according to an internal ICE memo and whistleblower complaint.  The memo, signed by acting director of ICE, Todd Lyons, states that administrative warrants signed by an agency official are sufficient for forced entry if there’s a final order of removal. The change reverses previous guidance and raises concerns about constitutional protections against illegal searches.

DA Sam Bregman’s letter to ICE quotes New Mexico’s false imprisonment statute as follows:

“False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so. … Whoever commits false imprisonment is guilty of a fourth degree felony.”

https://law.justia.com/codes/new-mexico/chapter-30/article-4/section-30-4-3/

Under New Mexico law,  the felony crime of False Imprisonment is a fourth-degree felony which carries  a basic sentence of 18 months in prison and up to two years.  The New Mexico false imprisonment law contains no exception for law enforcement officers.  Therefore, any ICE agent who, without a signed warrant and without reasonable suspicion or probable cause, detains, confines or retrains a person in Bernalillo County may be subject to prosecution.

Bregman said  that videos and news reports from other states show ICE officers engaging in racial profiling by arbitrarily pulling over Hispanic people and demanding to know where they were born. Bregman said this:

“We are a majority Hispanic state. … I represent the biggest populated county in the state. I’m laying this down to make sure everybody knows that we’re not going to tolerate whoever they are violating our criminal statutes.”

BREGMAN’S CNN INTERVIEW

On the January 21  broadcast of CNN’s “The Story Is,” Bernalillo County District Attorney  discussed his threat to arrest ICE agents in the Bernalillo County and said this:

 “If someone commits a violent felony in our county, we’re going to prosecute them, regardless of their legal status. We’re going to absolutely do everything we can to hold them accountable. At the same token, ICE agents aren’t going to come in and start committing crimes in our county. [If an ICE agent detains someone with]  no warrant, no reasonable suspicion, no probable cause, therefore, you cannot involuntarily restrain someone, which means you’re committing a crime of false imprisonment. I absolutely will prosecute. …  ICE has some footprint in New Mexico, like they do everywhere, I work with federal law enforcement agencies, state law enforcement agencies, every single day. Many of them, as well as [I], are horrified by what they’re seeing out there. There [are] a lot of great law enforcement agents out there right now. But what ICE is doing, what we’re seeing across the country, is not going to happen in New Mexico.”

CNN host Elex Michaelson  asked Bregman this:

 “Do you believe in working with them in the jails and working with them behind bars to turn over people who are criminals who have been convicted?”

Bregman answered this:

“Listen, I will tell you right now that I don’t — if someone commits a violent felony in our county, we’re going to prosecute them, regardless of their legal status. We’re going to absolutely do everything we can to hold them accountable. At the same token, ICE agents aren’t going to come in and start committing crimes in our county.”

https://www.abqjournal.com/news/da-warrantless-ice-detentions-violate-nm-law/2965779

https://www.breitbart.com/politics/2026/01/22/dem-nm-d-a-ill-arrest-ice-agents-for-false-detention-and-hold-illegals-committing-violent-felonies-accountable/

https://www.koat.com/article/ice-officers-charges-threatened-new-mexico/70094117

https://www.kob.com/new-mexico/bernalillo-county-da-warns-ice-agents-of-prosecution-without-warrant/

https://www.yahoo.com/news/articles/da-warrantless-ice-detentions-violate-041500884.html

COMMENTARY AND ANALYSIS

There is absolutely no doubt that ICE is already present in Albuquerque and are taking very aggressive actions and taking people into custody. At least two eyewitnesses have reported seeing in Albuquerque ICE vehicles being transported into the city.

It was on July 7, 2025 that an altercation occurred between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a man inside the Albuquerque Walmart located at 2550 Coors Blvd. NW. The video taken of the incident reveals three ICE agents, two of whom are masked, subdue the man with a Taser and took him into custody. The 20-second video went viral and received national media attention. Protests erupted in the City over the ICE action

https://www.yahoo.com/news/video-ice-uses-taser-detain-182811140.html

Albuquerque  and New Mexico are already on Trump’s radar to retaliate against. The Trump Administration has already falsely declared Albuquerque a Sanctuary City and is withholding federal funding to the city. Recently, Trump declared New Mexico elections to be corrupt and rigged.

There should be no doubt that what Bernalillo County DA Bregman said about ICE tactics was necessary given the killings of two people by ICE in Minneapolis, Minnesota. There have already been protests in Albuquerque over the killings. The fact that the city and state are Hispanic minority-majority and strongly Democrat  puts a target on our backs and makes it very likely ICE will soon increase enforcement actions here. The fact that New Mexico is a border state also increases the odds that New Mexico is on the radar.

It is more likely than not the threat of prosecution of ICE agents by DA Bregman will embolden ICE to do even more in the State. The biggest question is if the Albuquerque Police Department (APD), the Bernalillo County Sherriff (BCSO) and for that matter the New Mexico State Police will back DA Bregman up when the time comes and if they are prepared to react to ICE enforcement actions with tactical plans and arrest ICE agents?

DA Sam Bregman and Attorney General Raul Torrez, and perhaps with the assistance of the New Mexico ACLU,  would be wise to initiate a Federal Civil Rights class action lawsuit against the Department of Homeland Security and ICE as a preemptive strike to secure restraining orders requiring ICE agents to follow New Mexico law. The injunctive relief should include ICE being required to secure court orders to make arrests, wear body cameras during their operations and remove masks and identify themselves during their enforcement actions.

The actions of ICE need to be condemned and stopped  in no uncertain terms and before New Mexico citizens are killed and the City and State become a national headline.

 

The Integrated Development Ordinance (IDO) is essentially all  of the city zoning laws on how properties are zoned for residential, commercial or industrial use. The Integrated Development Ordinance includes zoning and subdivision regulations to govern land use and all development within the City of Albuquerque. It establishes the City’s system of planning citywide. The IDO allows the Albuquerque City Council to amend it every two years. In the last two years, this amendment process has resulted in 139 amendments to the IDO.

With the election of Mayor Tim Keller to a third 4 year term and a new Albuquerque City Council, there is a major controversy brewing city wide and on the Albuquerque City Council involving Mayor Tim Keller, his Planning Department and a few members of the Albuquerque City Council. They want to enact another wave of blanket amendments to the Integrated Development Ordinance (IDO). Mayor Tim Keller and the City Planning Department want to double or triple housing density in established neighborhoods to address what they claim is the City’s affordable housing shortage.

The city council is now considering another wave of 140 amendments to the Integrated Development Ordinance (IDO). The biggest and most dramatic amendments would be to  “up zone” virtually all residential homes and residential lots in established neighborhoods. To put this in perspective, residential zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built homes. The city’s faulty logic is that doubling or tripling density on 120,000 existing residential lots will flood the market and make available more affordable housing. The false presumption being made is that existing property owners want and can afford to double or triple density on their properties and if not investors or developers will do it.

If approved by the city council, townhomes, duplexes and apartments could be built in every established neighborhood in Albuquerque. The zoning amendments would allow construction of apartments and small businesses like “bodegas”, small  convenience stores, coffee shops and restaurants as permissive uses on all  corner residential lots without requiring city approval or zoning change applications.

Every single residential property in established neighborhoods would be re-zoned for permissive use requiring no city applications. Adjacent residential property owners would have no rights to oppose, contest nor appeal “up zoning” construction which will likely result in  adjacent property owners suing  to enforce “restrictive covenants” and perhaps class action lawsuits against the city.

What has not been addressed and what the Albuquerque City Council needs to  discuss is what impact up zoning will have on residential real property values for property tax assessment. The taxable value of a property is 33 1/3% of the assessed value as determined by the Bernalillo County Assessor.

The State of New Mexico property tax code is clear. Under the State of New Mexico property tax code, Section 7-35-1, NMSA, residential property assessments may NOT rise more than 3% per year unless the property changes ownership, is improved or is rezoned.

The below guest opinion column addresses head on the  increased property tax consequences of  the “up zoning amendments” to the city’s zoning laws known as the Integrated Development Ordinance.

GUEST OPINION COLUMN BY ATTORNEY MEL B. O’REILLY

Private attorney Mel B. O’Reilly has submitted the following guest opinion column to be published on www.PeteDinelli.com on the potential property tax consequences of the IDO up zoning amendments.  His guest column is being published as a public service announcement in an effort to educate the public and the City Council. Mr. O’Reilly has given his consent to publish his article with no compensation.

BIOGRAPHY

Mel B. O’Reilly of The Lawyers O’Reilly PC is an Albuquerque attorney who has practiced law continuously since 1971. He has represented clients in civil and criminal matters and trials. His clientele has included individuals, banks, corporations, partnerships, and estates and trusts. He has handled matters involving real estate  development, subdivision, planning and zoning, representing both developers and investment property owners.

THE PROPERTY TAX CONSEQUENCES OF PLANNING AND ZONING AMENDMENTS TO INTEGRATED DEVELOPMENT ORDINANCE. 

The proposed amendments to the City of Albuquerque’s Integrated Development Ordinance (IDO) make changes that will: 1) Increase the appraised value of residential property resulting in a tax increase; and 2) Deprive people of the right to object to a land owner’s desire to redevelop property to serve as a commercial business or multi-family development.

The proposed amendments will allow an owner of property zoned and developed as residential property to redevelop their land to a higher use by converting the property to a multi-family development by splitting an existing home into a duplex or by converting the property into a condo or townhome development.

Under the proposed amendments, my understanding is that an owner could put in a commercial business such as a bodega, tiendita, or small store.

And if you don’t think that your neighborhood can handle the increased traffic, water, and sewer demands, too bad. The proposed amendments eliminate your right to object to any developer’s redevelopment whim.

Even if an owner does not make any changes to his or her own real property, the proposed amendments give them the right to build and thus triggers the county assessor’s duty to ensure that property is assessed at its current and correct market value. So if a property is currently assessed as a single-family residential property and can now lawfully accommodate a storefront, the county assessor would need to reevaluate the property for property tax assessment purposes.

It doesn’t matter if an individual property owner actually redevelops their property. The mere fact that they could do so subjects the property owner to a change in assessed value because of the change in permissive use and zoning.

State law requires that all property subject to valuation for property taxation purposes be classified as either residential property or nonresidential property. NMSA 1978, § 7-36-2.1A NMSA 1978.

Residential property in New Mexico has a special method of valuation that provides that the value of the property as appraised in 2001 can increase year-over-year by no more than three percent. NMSA 1978, § 7-36-21A. This valuation structure keeps a long-time owner’s property taxes low, even when the real estate market value of property increases, and enables people to continue living in the homes they own.

But that year-over-year limitation goes away if a residential property owner builds structures on their property or if the use or zoning of the property has changed since the preceding year. NMSA 1978, § 7-36-21A. Under state law, a property’s predominant use determines whether it is taxed a residential or nonresidential property. See, NMSA 1978, 7-36-2.1B and NMAC 3.6.5.8C.

But enough about the effects on taxation.

Let’s talk about the livability of our community.

Albuquerque’s development ordinances were crafted to preserve the views of the mountains and our skies. The neighborhood amenities required by law were designed for single family density and use. The proposed amendments relax parking requirements, will increase street and pedestrian traffic, and will increase the burden placed on our water, drainage, and sewer systems.

And if a neighborhood’s school can only accommodate so many students, where are the extra classrooms going to be built to accommodate an increase in the student population?

Will fire stations, parks, playgrounds, police service, and other amenities and services be able to match the increased demands wrought by increased traffic and population density? Who will pay for new infrastructure, police stations, fire stations, water mains, drain and sewer lines, schools, curb cuts, road construction and repair, and capital outlay facilities.

As it stands now, the burden is on the redeveloper and they have to seek approval before redeveloping their lot. The proposed amendments grant the redeveloper the permissive use to redevelop their property and strip you of your right to object or appeal.

If the proposed amendments pass and you think a neighbor’s plan to put in townhomes on an existing single-family lot is going to negatively impact your community, then you’ll only be able to look to your neighborhood’s restrictive covenants and hire an attorney to file a lawsuit.

Please contact your City Councilor and voice your concerns.”

Sincerely yours,

Mel B. O’Reilly

Attorney At Law

NOTICE OF CITY COUNCIL LUPZ MEETING

The next meeting of the City Council LUPZ committee will be held on January 28 in the City Council Chambers in basement of city hall commencing at 5:00 p.m. You can sign up to speak at the meeting the day before by going to the City Council web page.

The emails to contact all 9 City Councilors followed by their Policy Analyst to voice your opinions are:

• stelles@cabq.gov
• stephenchavez@cabq.gov
• joaquinbaca@cabq.gov
• bacajoaquin9@gmail.com
• namolina@cabq.gov
• kpena@cabq.gov
• cquezada@cabq.gov
• bbassan@cabq.gov
• dawnmarie@cabq.gov
• danlewis@cabq.gov
• galvarez@cabq.gov
• nrogers@cabq.gov
• district6@cabq.gov
• tfiebelkorn@cabq.gov
• seanforan@cabq.gov
• dchampine@cabq.gov
• eromero@cabq.gov
• rgrout@cabq.gov
• rrmiller@cabq.gov

Please contact your city council and tell them to vote no on all the IDO amendments.

On January 20, in a truly shocking guilty plea before U.S. Magistrate Judge Karen Molzen in Albuquerque, former Albuquerque Police Lieutenant Justin Hunt admitted that he and conspirators in the bribery scheme to dismiss DWI cases would get “targets” intoxicated so they could later pull them over to charge them with drunken driving. One “target” was a client of former attorney Thomas Clear III who was the mastermind of the DWI dismissal scheme that lasted for decades.

In his guilty plea hearing before U.S. Magistrate Judge Karen Molzen, Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.” Hunt is  now facing  a maximum of 57 months in prison. He was originally facing 20 years in prison.

TAKING TARGET TO STRIP CLUB ON BIRTHDAY TO GET DRUNK AND MAKE DWI ARREST

According to Hunt’s guilty plea agreement, attorney Thomas Clear III’s private investigator  Ricardo “Rick” Mendez, and others would go out drinking with a person. Once that person had become drunk, Hunt would be notified of where the person was driving, and Hunt would pull them over for DWI. That person would then be told that  they could hire and pay Clear as their attorney and he would get  the charges dismissed.

Hunt admits in his plea agreement that in May 2014, Mendez took one of Clear’s clients to a strip club for the client’s birthday. Mendez then bought alcohol for the client at the strip club.  According to Hunt’s Plea Agreement , the client drank “a large amount of alcohol,” and when they went to leave the strip club, Mendez told Hunt the vehicle make and where it would be. Hunt pulled the client over and arrested them for DWI. When the client hired Clear, Hunt received wheels, tires, and a lift kit. He then “intentionally failed to appear at required criminal settings and the MVD hearing,” which resulted in the case being dismissed by the court.

HUNT’S SPECIFIC ADMISIONS IN PLEA AGREEMENT

In his guilty plea agreement, Hunt said DWI offenders were “both aware and unaware of the bribery scheme” and said “The illegal conduct — that being me receiving benefits or payments from CLEAR and MENDEZ — would occur after I conducted the otherwise legitimate DWI arrest.”

In his guilty plea agreement, Hunt admits that  “Clear, Mendez and I also developed another method of operating the scheme.” He states the scheme  was when Mendez and other conspirators  would orchestrate a  traffic stop “thereby allowing me to conduct the DWI arrest, with the expectation that I would then be paid or receive a benefit to not appear [in court] as required.”

Under the scheme, Mendez and other co-conspirators would go out drinking with a particular “target.” Hunt admitted this:

“Once that target had consumed alcohol and was heavily intoxicated, I would receive notification of where the target was driving. I would then conduct a traffic stop on the target’s vehicle and arrest them for DWI.” 

After the arrest, and if the suspect hired Clear, he and others in the conspiracy would coordinate pretrial hearings and MVD hearings to ensure that Hunt would fail to appear. The state criminal charges would be dismissed, no fines, fees or interlock devices would be required, and the offender’s driver’s license would not be revoked.

Hunt’s plea agreement outlines a specific incident where a target was taken out on his birthday to a strip club to get him drunk.  Hunt states in his plea agreement that in May 2014, Mendez and others took one of Clear’s clients out drinking for their birthday.  Ther person was  identified in the plea agreement as C.F. to protect privacy.  Mendez, C.F. and the others ended up at a strip club where Mendez purchased alcohol for C.F.

Justin Hunt admits this in his plea agreement:

“Once C.F. was preparing to drive after consuming a large amount of alcohol, Mendez alerted me to when C.F. would be leaving the strip club, what vehicle C.F. would be driving, and where C.F.’s vehicle would be. After C.F. drove out of the strip club parking lot, I conducted a traffic stop on C.F.’s vehicle [with Mendez and others in the vehicle].”

Hunt admits he then arrested C.F. and charged him with DWI and that  C.F. later  hired Clear to defend him in the case. Clear in his defense to get the  C.F.’s charges dismissed cited Hunt’s failure to appear as grounds for dismissal.  The judge dismissed the DWI case. Hunt admits he received a bribe  from Clear and  Mendez for his role in the arrest that included free legal help and “wheels, tires and lift kit for my Jeep.” Hunt admits this in his plea agreement:

“In my police report, I purposefully omitted the information I received from Mendez prior to the stop and purposefully omitted that Mendez was in the vehicle with C.F. at the time of the stop. “

Hunt admits  that after he left the DWI unit, he discussed non-public Internal Affairs and APD information with Mendez, including for example when then-APD officer Honorio Alba became the subject of a complaint sent to the city’s Civilian Police Oversight Agency relating to Alba’s handling of a DWI case in November 2023. Hunt admits this:

“I discussed this complaint with Mendez in an attempt to assist Alba from having adverse action taken against him. ”

It is not clear what, if any, action Mendez took in response. But the complaint about Alba, after then APD Chief Harold Medina learned of it, helped fuel the Federal Bureau Investigation into the scheme.

After the January 20^th hearing, Justin Hunt  was released on conditions pending sentencing, which has not been scheduled.

STATEMENT FROM HUNT’S ATTORNEY

Hunt’s attorney, Ryan Villa, gave the following statement after the guilty plea was announced:

“Justin Hunt served the community in APD for 24 years. The conduct he took responsibility for today, represents a tiny fraction of the work he did for the community, but he recognizes his conduct was wrong and he believes in personal accountability. As an officer, he helped countless crime victims and other community members who called the police for help. He makes no excuses for the conduct he admitted to in his plea agreement, but he is proud of the rest of his service in protecting our community. He looks forward to moving past this case and repairing the wrong that his conduct caused.“

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/former-apd-supervisor-admits-to-helping-set-up-drivers-for-dwi-arrests/2964691

https://www.koat.com/article/albuquerque-police-dwi-guilty-plea-justin-hunt/70066979

https://www.kob.com/new-mexico/former-apd-lieutenant-pleads-guilty-in-dwi-deception-scandal/

JUSTIN HUNT’S APD CAREER

On January 20, KRQE News 13 reported in part on Justin Hunt’s APD career as follows:

Former Albuquerque Police Lieutenant Justin Hunt worked as a DWI officer from 2011 to 2014.  Hunt joined APD when he was  18 years old and rose through the ranks to Lieutenant.  He  served as the Southeast Area Commander. His personnel files show that the state certified him to teach DWI courses from 2012 to 2015. That was during his time in APD’s DWI Unit, which he served in from 2011 to 2015.

On February 7, 2024  Hunt resigned from APD after he was implicated in the DWI dismissal  scandal with a three-sentence email thanking his superiors and letting them know that he was resigning.  APD had placed Hunt on administrative leave one week prior to his resignation. APD said he chose to quit rather than participate in the Internal Affairs investigation into his role in the  DWI Dismissal scandal.

 Hunt worked with Attorney Clear and his paralegal Mendez, taking bribes to get DWI cases dismissed or never file them. According to court records reviewed by KRQE News 13, Hunt  had cases with DWI Defense  Attorney  Thomas Clear from 2000, his first year on the job, to 2015. During that time, a 15-year time frame, 20 of their 30 cases together were dismissed which is a  two-thirds dismissal rate.

Court records also reveal that Clear represented Hunt  in two different cases: his divorce in 2014 and a case in 2016 where Hunt’s ex-wife’s family reported to his fellow APD officers that they believed Hunt caused  bruising to his then four-year-old son.

KRQE News 13 previously shared body camera footage in KRQE Investigation, in which a KRQE crew raised questions about why, when the police report called it a “simple assault”, no charges were filed. The Bernalillo County District Attorney told KRQE News 13 that “witnesses were no long willing to cooperate, so the DA at the time closed the case.”

So what about an Internal Affairs investigation by APD? Then APD administration confirmed that the Internal Affairs (IA)  Unit did “not open an investigation into the allegations”, adding “there’s no excuse for that failure.” Had the IA investigation happened, Hunt’s law enforcement certification could have been revoked.

Instead, throughout the next eight years, Hunt received promotions to Sergeant and then Lieutenant. Hunt’s personnel file includes a number of commendations for his work, even some from his time as a DWI officer. He worked in the unit alongside several officers that APD has already connected to the scheme, including Joshua Moñtano and Honorio Alba Jr., who pleaded guilty to federal charges for their involvement.

The link to the quoted and relied upon news source is here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-lieutenants-plea-deal-reveals-how-dwi-enterprise-targeted-potential-drunk-drivers/

HOW DWI ENTERPRISE WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward and it went on for upwards of 3 decades. Arresting officers would give contact information on motorists they arrested on DWI charges to Private Investigator Carlos Mendez who worked for defense attorney Thomas Clear or Clear himself. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The officers  would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

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

DWI DISMISSAL SCANDAL SCORE CARD

Justin Hunt is the 10^th  law enforcement officer to plead guilty to federal charges in the DWI dismissal scandal. Additionally, two Albuquerque defense attorneys, and one private investigator have plead guilty in the ongoing federal investigation into a nearly 30-year conspiracy in which a group of DWI officers received cash, free legal services and other benefits for helping get DWI cases dismissed.

NINE  APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED

Nine APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to federal charges of taking bribes. Those former law enforcement officers are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
2. On February 7, 2025 former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, 2025 former APD Officer Neill Elsman plead guilty as charged  to 5 counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. On March 24, 2025 former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On April 29, 2025 former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
6. On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it had placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit to become the unit sergeant.
7. On June 23, 2025 former APD Officer Louis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his employee  Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.” The maximum penalty is up to 20 years in prison and a fine up to $250,000.
8. On December 15, 2025, retired APD Officer Timothy McCarson  plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
9.  On February 25, 2025,  BCSO DeputyJeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
10. On January 20, 2026, former APD Lieutenant Justin Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”

TWO RING LEADERS PLEAD GUILTY AS CHARGED

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

On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY

On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his  client’s drunken driving case dismissed. Chavez  plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.

In his plea agreement,  Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case.  Chavez admits this in his plea agreement:

“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”

Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with  FBI agents, Chavez denied knowing Alba was not going to appear in court.

In his federal plea agreement, Chavez admits he  lied to  FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez  admits  in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”

16 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

A total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned. On January 20, 2026 Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”
2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, 2025 Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
10. On October 16, 2024 Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable. On December 15, 2025, McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
14. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.
15. On March 24, 2024the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.
16. On June 26, 2025 it was reported that former APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘ of officers who are no longer trusted witnesses in court. He was implicated in the DWI bribery and conspiracy case to dismiss cases. Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

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

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

ONE MEXICO STATE POLICE OFFICER

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave was placed on paid leave as the agency did  its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave was officially fired for his alleged role in November, but he has not yet been criminally charged.

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

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

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

NO AGREEMENTS AS TO SENTENCINGS, NO ONE SENTENCED

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge.

Depending on the actual number of charges plead to by each defendant, they could be facing jail sentences between 5 years and 20 years and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

To date, not a single  defendant who has  plead guilty has been sentenced  which has led to wide ranging speculation as to what is going on with the case. Speculation includes that the investigation has hit problems that make it impossible to complete the investigations of individuals or that other evidence still needs to be gathered against much larger targets in the three agencies that have been implicated.

COMMENTARY AND ANALYSIS

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

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Justice will not be served until all are charged and sentenced. The biggest question that remains to be answered is when will sentences be imposed?