On Monday afternoon March 4, before a large audience at West Mesa High School and with great fanfare, Gov. Michelle Lujan Grisham signed into law four major pieces of public safety legislation enacted by the 2024 New Mexico legislature. The Governor signed into law bills she personally advocated and made a part of her agenda during the 30 legislative session that ended February 15.  like a seven-day waiting period on firearm purchases and a pretrial detention bill.

Lujan Grisham signed two gun control bills and two bills focused on the judicial system. The bills the Governor signed into law are:

• House Bill 129:  Firearm Sale Waiting Period Crimes

This law establishes a statewide 7-day waiting period for the purchase of firearms, double the current waiting period required by the federal government. The law includes exemptions for concealed carry permit holders, Federal Firearms Licensees, and transactions between law enforcement officers, law enforcement agencies, and immediate family members. Proponents say the law closes a loophole allowing guns to be sold before a buyer’s federal background check has been returned. Bill sponsor Rep. Andrea Romero, D-Santa Fe had this to say about the waiting period:

“That means a lot to those who have been affected by those who committed suicide.”

The bill was sponsored by Representative Andrea Romero, Dayan Hochman-Vigil and Cristina Parajon, and Senators. Linda M. Lopez and Joseph Cervantes.

• Senate Bill 5 Firearms Near Polling Places

This law prohibits carrying firearms within 100 feet of polling places and ballot receptacles, preventing intimidation and violence as New Mexicans exercise their right to vote. Exemptions are granted to law enforcement personnel, and concealed carry permit holders.  Senator Peter Wirth, D-Santa Fe, one of the bill’s sponsors, called the bill a “very important step as we head into this election cycle. … Guns and voting just don’t mix.” The bill was sponsored by Senators Peter Wirth, Reena Szczepanski, Brenda McKenna, and Joseph Cervantes.

• Senate Bill 96:  Increase Attempted Murder Penalty

This law strengthens penalties for second-degree murder-related offenses, which make up the vast majority of homicide cases in our state. New Mexico currently has the lowest penalties for second-degree of neighboring states of Arizona, Colorado, and Texas. The maximum sentence for second-degree murder has increased from 15 years to 18 years. The sentence for the crime of attempted second-degree murder has increased from three years to nine years. The bill was sponsored by Senator . Antonio Maestas and Representative Cynthia Borrego.

Bill  sponsor Sen. Antonio “Moe” Maestas, D-Albuquerque, said this:

“Murder does not just affect the decedent, but it affects the family for three generations  … There’s a fine line between first- and second-degree murder – now, in our criminal code in New Mexico, first-degree murder and second-degree murder are the two worst penalties.”

• Senate Bill 271 Repeat Felony Offender No Bond Hold

This law mandates judges to hold certain violent defendants without bond if a court determines that they  are alleged to have committed another felony offense while out on bond for a previous violent offense. The bill was sponsored by Senator . Daniel A. Ivey-Soto and Senatore Joseph Cervantes.

Governor Lujan Grisham had this to say about Senate Bill 271  she signed into law:

“This legislation strikes at the heart of issues that are keeping New Mexicans up at night. … We are losing far too many lives when guns get into the wrong hands and violent criminals are allowed to recommit again and again. This legislation addresses both.” 

When asked about a 2021 University of New Mexico report that found 95% of defendants in Bernalillo County released before trial did not pick up additional violent crime charges, Lujan Grisham had this to say:

“I don’t want to be one of those 5% where … my business has been robbed, my car has been stolen. … We have to end the cycle.”

SPECIAL SESSION STILL POSSIBLE

The Governor revealed that she has not  yet made up her mind about calling legislators back for a special session focused on reducing crime. The Governor disclosed she has been speaking with leadership at the Roundhouse about convening a Special Session but cautioned that calling a session for the wrong reasons could have consequences. Lujan Grisham said this:

“You likely get nothing in return. … That’s not fair to New Mexicans.”

CIVIL COMPETENCY LEGISLATION

One measure Lujan Grisham said she would pursue during a special session should she call one  would be a “civil competency” bill.  The bill would require someone to seek behavioral health treatment, regardless of whether a crime was committed.  Lujan Grisham said the state already has “mandatory outpatient treatment,” but said it currently only applies to a narrow set of circumstances. Lujan Grisham said this:

“There are individuals you see go through the ERs who we think are dangerous to themselves and others. … A bill like that, I think, needs to be expanded with new definitions.”

The Governor said she believes the state’s behavioral health care system would be able to handle the changes.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/gov-lujan-grisham-signs-public-safety-legislation-in-albuquerque/?utm_source=zetaglobal&utm_medium=onsite&utm_campaign=thumbnails

https://www.krqe.com/news/newsfeed/krqe-newsfeed-attorney-speaks-out-public-safety-bills-mild-temperatures-pickleball-courts-ski-season-extended/

https://www.abqjournal.com/news/gov-signs-four-bills-aimed-at-reducing-gun-violence/article_d9d1e706-da91-11ee-b814-13e2b5d5e444.html

SENATE BILL 16 RECALLED

It was on January 26 that Gov. Michelle Lujan Grisham announced the introduction of Senate Bill 16 that was aimed at addressing concerns about a defendant’s competency, establishing competency restoration programs, and ensuring the provision of state-funded mental health examinations. The bill failed to be enacted. The bill was sponsored by State Senator Gerald Ortiz y Piño.

At the time the bill was introduced, Gov. Lujan Grisham said this:

“This bill reflects our commitment to a justice system that is fair, compassionate, and responsive to the mental health needs of individuals involved in the legal process.  …  I urge the Legislature to support this important measure for the well-being of our communities.”

Sen. Ortiz y Piño said this:

“This measure gives our judges an additional option to get people the immediate help they need and is a proven mechanism for stopping the cycle of repeat offenses. We should be able to provide compassionate care and keep our streets safer at the same time, and this bill will do just that”

KEY PROVISIONS OF SENATE BILL 16

The 4 key provisions of Sente Bill 16 included the following: 

1. A judge, prosecutor, or defense attorney would be given the ability to refer a defendant for a mental health evaluation.
2. Individuals that are found competent to stand trial will proceed through the normal channels of the criminal justice system.  Individuals that are found incompetent to stand trial will be provided the least-restrictive means to receive mental health treatment. Such treatment would have also included drug and/or alcohol treatment.
3. After completion of the competency restoration program charges would be a dismissed for misdemeanors and non-violent felonies.
4. The courts would conduct a hearing in conjunction with the defendant’s mental health providers to determine whether the defendant is a danger to himself, others, or the community. When such a finding of dangerousness is made, a defendant may be admitted to in-patient, residential treatment until such time as he is restored to competence, but in no event for longer than 18 months.

Senate Bill 16 would have ensured that the state bears the cost of mental examinations for defendants, recognizing the importance of providing equitable access to mental health evaluations.

COMMENTARY AND ANALYSIS

It should come as absolutely no surprise that Governor Michelle Lujan Grisham is still considering a special session to deal with public safety. It was on January 12, 2024, that Governor Michelle Lujan Grisham announced her public safety agenda and her support of 21 bills she wanted lawmakers to consider during the 2024 legislative session to address public safety. The bills included raising the age to purchase a gun, regulating assault weapons, and increasing penalties for a range of crimes.

RECALLING GOVERNOR’S PUBLIC SAFETY AGENDA

The governor’s public safety priorities for the 2024 legislative season included the following 21 bills dealing with firearms and cracking down on crime with the sponsors identified:

• The Firearm Industry Accountability Act amends the state statue to allow gun manufacturers to be held liable for deceptive trade practices. (Sponsored by Rep. Christine Chandler)
• Assault weapons ban lawfully regulates the manufacture, possession and sale of weapons of war, most often the gun used in mass casualty events. (Sponsored by Rep. Andrea Romero)
• Raising the age to purchase automatic firearms to 21 from the current minimum of 18 years of age. (Sponsored by Rep. Reena Szczepanski)
• Firearms purchase waiting period creates a protracted waiting period of 14 days between the initiation of a federal background check and a buyer taking possession of a firearm, thereby reducing the opportunity for gun violence and suicide. (Sponsored by Rep. Andrea Romero)
• Prohibiting guns in polling places makes it illegal to carry firearms within 100 feet of polling places during an election. (Sponsored by Sen. Peter Wirth)
• Prohibiting guns in parks and playgrounds will make it illegal to carry a firearm in county or municipal parks, playgrounds, and their accompanying parking lots.
• Increased criminal penalty of the crime of second-degree murder raises the maximum penalty from 15 to 18 years. (Sponsored by Sen. Antonio Maestas)
• Felons in possession of firearms increases the criminal penalty for felons found to be in possession of guns making it a second-degree felony. (Sponsored by Rep. Dayan Hochman-Vigil)
• Amending the human trafficking statute increases the statute of limitations, criminal penalties, and victim protections under New Mexico’s current human trafficking statute. (Sponsored by Rep. Marian Matthews)
• Changes to commercial burglary statute will strengthen law enforcement’s ability to respond to businesses who have revoked a person’s right to enter or remain on their property due to a prior theft. It will allow police to charge offenders with the crime of commercial burglary, a 4^th-degree felony.
• Pretrial detention is legislation designed to create a rebuttable presumption for persons charged with serious, largely violent offenses. Unless rebutted by clear and convincing evidence, a defendant that poses a threat to the safety of community members can be held in custody pending trial. (Sponsored by Sen. Craig Brandt)
• Mandated treatment will give judges a more robust avenue to civilly commit individuals who are a danger to themselves or society.
• RICO amendments will update the existing Racketeering Act by adding additional crimes to include human trafficking, rape, exploitation of children, escape from penitentiary, and tampering with public records.
• ERPO amendments are designed to amend the Extreme Risk Firearms Protection Order Act. Specifically, it will provide an expedited process where orders are issued 24-7 via an on-call judge, a requirement of immediate relinquishment of firearms upon service of an order. This legislation also changes reporting parties to include law enforcement and health care professionals. (Sponsored by Reps. Christine Chandler, Joy Garratt)
• Return to work for public safety personnel is designed to provide a mechanism to allow for public safety personnel who previously retired from PERA to be able to return to work and continue to serve their communities. The goal of the bill is to be able to shore up significant public safety personnel vacancy rates in state, county and municipal public safety agencies.
• Panhandling ban will prohibit the unlawful use of public spaces, streets, sidewalks, curbs, with the primary goal of increasing public safety and vehicular efficiency.
• Misdemeanor DWI search warrant requirement amendment will update the requirements for testing the blood of a suspected intoxicated driver to include both drugs and alcohol for misdemeanor crimes when the arrested person refuses testing.
• Hazing penalties will criminalize hazing and aggravated hazing, protecting students or prospective students in New Mexico. Hazing is a misdemeanor and aggravated hazing a fourth-degree felony. This bill provides for criminal penalties for teachers, coaches or other reporting parties who knew, or should have known about hazing and failed to report it.
• Data sharing requirements for law enforcement agencies will require the regular reporting of crime data from law enforcement agencies to the state as a condition of state funding.
• Firefighter, law enforcement, corrections officer recruitment fund is designed to provide financial support to recruit candidates to these critical public safety fields.
• Compensation increases for State Police, corrections/parole officers provides for a 14% funding increase ($11.5 million) for State Police and an 8% increase ($7.2 million) for corrections, probation & parole officers.

On February 15, Governor Lujan Grisham  held a press conference immediately after the 30-day session that ended and she expressed frustration over the legislature’s failure in passing public safety measures. Lujan Grisham said this:

“Both houses are well aware that I’m frustrated that not enough, or certainly more public safety measures got up.  …   I want to just say to New Mexicans, I don’t think it’s safe out there and I don’t think they think it’s safe out there because it plays out horrifically every single day.”

Simply put, when it comes to all the public safety measure and gun control legislation Governor Michelle Lujan Grisham wanted to be enacted during the 30-day 2024 legislative session, much of it was is dead on arrival and very little even made it through House and Senate committees.   It was way too much for a 30-day session that was supposed to deal with budgetary and financial matters. It’s surprising that the 4 bills she signed into law even made it through the session.

SPECIAL SESSION

If Governor Lujan Grisham is really serious about the State’s crime crisis and wants to do something about it, she should call a special session and ask the New Mexico Legislature to  enact an “Omnibus Gun Control And Violent Crime Sentencing Act. The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms.  The only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

The convening of a special session of NM Legislator for public safety should also include civil mental competency measures. This would include expanding the state’s existing Mental Health Court with the creation of a new 14th Judicial District Court with 3 Regional Divisions for Mental Health Commitment Hearings and the  building of  regional treatment facilities and hospitals for mandatory treatment orders. The postscript to this article contains a link to a blog article on the subject.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. 
• Institute a Federal and State background check system  with a  mental health component  that would disqualify a person with a history of mental health violent outbursts or a history of threats to others from making a gun purchase.  
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing Act Omnibus Gun Violence And Sentencing Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

Until the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders banning guns and declaring gun violence a public health crisis.

POSTSCRIPT

Convening Special Session Of NM Legislator For Public Safety Must Include Expanding Existing Mental Health Court; Create New 14th Judicial District Court With 3 Regional Divisions For Mental Health Commitment Hearings; Build Regional Treatment Facilities And Hospitals For Mandatory Treatment Ordered

On February 29, the Albuquerque Police Department released the city’s crime statistics for 2023 compiled using the FBI’s National Incident Based Reporting System (NIBRS). The postscript to this blog article provides a short synopsis of NIBRS.

STATISTICS RELEASED

The overall statistics released by APD showed a very small decrease in overall property crime and a small increase in violent crime.  The statistics showed APD officers made more felony arrests and wrote more traffic citations last year.

The statistics showed property crime has leveled off in the city since measuring large decreases from 2018 to 2020. Property crime saw its largest increase, 43%, in shoplifting, with about 2,100 more offenses reported. Auto theft, burglary and robbery saw decreases of 13%, 16% and 41%, respectively.

The data showed that, from 2022 to 2023, there was a 0.18% decrease in Crime Against Property and a 3% increase in Crime Against Person.

Violent crime has ebbed and flowed from 2022 to 2023 rising and falling marginally. Violent crime saw 5% increases in both aggravated and simple assault. There was and a 9% drop in sex crimes. Homicides, which hit a record-high of 121 cases in 2022, decreased 19%, and nonfatal shootings dropped 6%.

The city also saw a 6% drop in nonfatal shootings, according to Albuquerque police data, from 353 in 2022 to 332 in 2023. Last year’s total still remained well above the 265 and 285 shootings recorded in 2021 and 2020, respectively.

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. Crime Against Society  had  a 49% spike, driven mainly by increases of 69%, 42% and 15% in drug offenses, trespassing and weapons violations, respectively.  Since 2018, the Crime Against Society category has skyrocketed by 136%.  According to APD Spokesperson Gilbert Gallegos,  the spike in drug offenses is due to more trafficking investigations, but also “much more aggressive” enforcement on “low-level fentanyl possession.”

APD Spokesperson Gilbert Gallegos said some of the largest crime increases,  such as the increases in drug offenses and shoplifting, go hand in hand. Gallegos said this:

“Obviously, we know that a lot of these offenses … those are people who go into jail (and) come right back out. …To actually make a difference … it’s going to take a concerted effort to address the addiction and those [issues] that’s driving this crime.”

Statistics also showed large jumps in APD’s felony arrests, cleared felony warrants and traffic citations with 14%, 26% and 28% increases, respectively.  According to the data released, crimes reported over the phone and online were 64% and 159% higher last year than in 2018 and 2019, respectively, when the technology was in its infancy.

The link to quoted news source materials is here:

https://www.abqjournal.com/news/albuquerque-police-release-data-showing-overall-crime-hasnt-budged-much/article_1f3acfb2-d757-11ee-a31f-b3f0da812de9.html#tncms-source=home-featured-7-block

https://www.cabq.gov/police/news/apd-releases-2023-crime-stats-1#:~:text=Crimes%20against%20property%20remained%20the,National%20Incident%2DBased%20Reporting%20System.&text=In%20the%20Crimes%20against%20Person,19%25%20between%202022%20and%202023.

https://www.cabq.gov/police/documents/crime-stats-2023-presentation.pdf

HOMICIDES DROP BY 19%

The most significant statistic reported is that the city’s homicides are down 19% from last year going from 121 in 2022 to 98 in 2023. It marked Albuquerque’s largest annual decrease since 2010, when homicide totals hovered in the 30s.

According to APD, the downward trend in homicides is a result of better staffing, making more arrests in violent crime and solving cases. Police Chief Harold Medina attributed an improving solve rate to boosting the homicide unit to 16 detectives and training them better. He said he believed the sheer number of homicide suspects arrested — 117 in 2023 alone  has driven down new cases.

APD detectives solved 53 of the 84 homicide cases from 2023 for a 63% clearance rate. Some involved multiple victims, and several suspects have since died or are on the loose.

Medina said getting thousands of stolen and pandemic-purchased guns off the streets is a major hurdle in reducing violent crime and homicides.  Medina  said the surplus of guns means more people are armed when a “simple conflict” arises.  The “simple conflict” defined  by APD as “individual disrespect” accounted for 57% of 2023’s killings.

The Albuquerque Police Department also solved 31 homicide cases from previous years, including a case that had long gone cold, a 2014 killing of a local homeless advocate.

The city also saw a 6% drop in nonfatal shootings from 353 in 2022 to 332 in 2023. Last year’s total still remained well above the 265 and 285 shootings recorded in 2021 and 2020, respectively.

HISTORICAL TREND

The city’s  recorded 19% drop in homicides last year marked Albuquerque’s largest annual decrease since 2010, when homicide totals hovered in the 30s. Following are the numbers from the 7 years:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023: 93 homicides

Following are the Aggravated Assaults numbers for the past 7 years also reflect a slight decline:

• 2017: 4,213
• 2018: 5,156
• 2019: 5,337
• 2020: 5,592
• 2021: 5,669
• 2022: 5,399
• 2023: 4,961

The trend downward mirrored those seen nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic. Locally, authorities say it is a result of better staffing and making more arrests in violent crime.

APD CHIEF HAROLD MEDINA REACTS TO NUMBERS

APD Chief Harold Medina in announcing the statistics said he hopes to see two trends continue: decreasing crime and increasing enforcement. He said some of the issues, like the underlying causes of crime, are not going to be solved by APD.

Medina said this:

“I know the critics will stick to the numbers that benefit them the most, but I think most everyday citizens are going to look at the individual number categories and recognize that there was a lot of hard work put in last year by officers. … And there’s a lot of success … inside of those numbers. … While we’re making a lot of improvement on the enforcement side, we still have a ways to go to actually curb the problem. So that’s a huge thing that’s on our minds. And I think it was going to take the entire criminal justice system.”

HOMICIDES DECREASE IN BERNALILLO COUNTY

The decrease in homicides also occurred in Bernalillo County.  The Bernalillo County Sheriff’s Office investigated 17 homicides in 2023 compared with 21 in 2022.

BCSO Sheriff John Allen said being more proactive and singling out the drivers of crime, such as auto theft, will hopefully keep the numbers going down. Allen said the community also needs to address the root causes of crime, using education and outreach to divert young people from “that path.” Allen said there needs to be a better balance between punishment and rehabilitation for youths. He said easy access to guns over social media and the cultural notion that guns are “cool” need to be addressed.

Sheriff John Allen said this:

“A lot of homicides are an argument over a $25 laptop or small amount of money that you’ve misplaced for drugs. … So it’s over pretty dumb stuff, honestly. … One life to me is huge. Everybody wants the masses, I see why, because they’re in panic mode and want a quick-fix solution.  …  It’s a long-term solution … and we have to be multifaceted. … We see the news all the time of crime, crime, crime. I get it. But we’re going in a positive direction. …There will always be crime, but our city will grow and it’ll flourish and it’ll be back to what it used to be like when I grew up and went to West Mesa High School. That’s my end goal for when I leave office, or at least provide a footprint or something to get to that goal.”

DATA DOWNLOAD

The statistics APD released  for the city in last two years are:

HOMICIDES

• 2022: 121  
• 2023: 98

AGGRAVATED ASSAULT

• 2022: 4,746
• 2023: 4,961

WEAPONS LAW VIOLATIONS

• 2022: 2,964
• 2023: 3,398

BURGLARY

• 2022: 4,548
• 2023: 3,824

ROBBERY

• 2022: 1,669
• 2023: 984

DRUG OFFENSES

•  2022: 1,491
• 2023: 2,516

AUTO THEFT

• 2022: 6,036
• 2023: 5,280

SHOPLIFTING

• 2022: 5,092
• 2023: 7,252

TRESPASSING

• 2022: 1,356
• 2023: 1,928

The link to the quoted news source is here:

https://www.abqjournal.com/news/albuquerque-police-release-data-showing-overall-crime-hasnt-budged-much/article_1f3acfb2-d757-11ee-a31f-b3f0da812de9.html#tncms-source=home-featured-7-block

 INTERTPRETING THE DATA

Paul Guerin, director of the University of New Mexico’s Center for Applied Research and Analysis was asked by the Albuquerque Journal to review the APD-provided data on the city’s 2023 homicides. The statistics detailed motive (“individual disrespect,” drug-related and domestic violence took the top three categories), victims’ ages (most were between 36 and 45), suspects’ ages (most were between 18 and 25), weapons used (80% involved a gun) and victim and suspect race/ethnicity (the majority involved Hispanics, but Black people were disproportionately represented).

Guerin said the data lacked case-by-case specifics to “paint a better picture of murders in Albuquerque. ” He said such information could be used to bring the death toll down but also solve more cases. He said nationally and locally, the previous increase in homicides and violence is often blamed on what he called “the degrading of the social contract.” Guerin said this:

“There’s this general idea of this change in behavior that the pandemic kind of accelerated … [such as more] reckless driving, suicides, drug use and overdoses.  …  Homicides could just be another example.”

Guerin said that whatever the causes, the upside is that the trend reverted last year in many cities, including Albuquerque. Guerin said:

“Things always just revert to the norm. …The problem is, our norm is always higher than everyone else’s.”

FBI data shows that when homicides and violent crime decreased in the United States in the 1990s, Albuquerque and New Mexico never caught up. The homicide rate, save for in three distinct years, never fell as low as the national rate over three decades.

Even in comparison to violent locales like Baltimore and Chicago, which were high but steady, the homicide rate in New Mexico, driven largely by Albuquerque as the biggest city, vacillated greatly from year to year. Guerin said this:

“There’s something unique about Albuquerque. What is it about our location? … Why do we always have more murders? … [Is the nexus of Interstate 25 and Interstate 40 invited crime, or if violence is somehow ingrained in the state’s culture.”

In his 32 years conducting studies at UNM for government agencies and policymakers, Guerin said nobody has studied those particulars.

“Right now, all we can do is we can say, ‘Here’s our (homicide) count, here’s what they look like, they kind of follow trends.’ But to get down to the nuances of this, like, ‘why?’ we’ve never done it,” he said. “It’s not like math, where something equals something. We’re taking our best understanding of these things with the information that was available.”

Guerin said crime, in general, is always underreported but there’s no indication the data available doesn’t give an accurate picture.

A 2023 Gallup survey found that 77% of those polled think crime was higher than the previous year. The national poll found 63% believed “the crime situation in the U.S. is extremely or very serious.” Guerin said of the poll “That’s not true, but they perceive it to be true. …It’s always been a problem, and the problem goes both directions. People telescope either way … exaggerate either way.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/albuquerque-sees-shootings-decrease-in-2023-even-as-gun-violence-tears-families-apart/article_46cfaa60-c60a-11ee-9c68-530f06c95c43.html

On April 26, 2023, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque was ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic was  Albuquerque’s increase in homicides.

The Major Cities Chiefs Association report shows in 2022, there was a 5% drop in homicides nationwide. According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides. The report shows in 2021, there were 106 homicides. In 2022, there were 115, an 8% increase. Other nearby cities like Phoenix saw a 13% increase in homicides. Meanwhile, to the north, the Denver Police Department reported an 8% decrease in homicides. Just four hours south, the city of El Paso saw a 28% decrease in homicides, one of the highest drops in the report.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

Mayor Tim Keller reacting to the April 26, 2023 Major Cities Chiefs Association report had this to say:

“We have two challenges working against us. One is national trends that are all getting worse so we have to do what we can in our city, but when there’s a tidal wave of crime across America, it’s going to affect us.”

COMMENTARY AND ANALYSIS

There has been a decrease in homicides in big cities including Los Angeles and Detroit, but also in those long besieged by gun violence, like Chicago. Baltimore, with a similar population and reputation as Albuquerque for years has been known as one of the most violent American cities.  Last year, Baltimore recorded a 22.5% drop in homicides, its largest single-year decrease, and a 7% drop in nonfatal shootings.

Albuquerque’s trend downward in homicides reflects an identical downward trend nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic.

KELLER’S FAILED VIOLENT CRIME REDUCTION PROGRAMS

One thing that is very certain is that the downward trend in Albuquerque’s  homicides has nothing to do with the Mayor Tim Keller’s failed Violent Crime reduction programs.

In 2017 when the New Mexico State Auditor Tim Keller ran for Mayor, he ran on the platform of reducing the city’s high crime rates, implementing the Department of Justice (DOJ) consent decree reforms, increasing the size of the Albuquerque Police Department from the then 950 to 1,200 and returning to “community-based policing”. In August, 2017, Keller went so far as to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Fast forward to October 4, 2021 when Keller was running for a second term and confronted by the Albuquerque Journal about the city’s spiking crime rates during his first term.  Keller said this:

 “I think we have honored the commitment to fight crime in a real way. That’s not just about talking tough or doing roundups or something like that, we’re actually trying to address crime from all sides. … And we have done that. Had we not done that our city would be in a much, much worse place. … It’s either naive or disingenuous for anyone to think that our crime and drug problems are so surface level that they can just be fixed by being tougher, or by arresting people. … I don’t think it’s fair to say that there’s something we could have done that would have prevented an increase in homicide … I think all around the country, it’s just shown that that’s just not true right now. … I think I’ve provided the right kind leadership at the right time and in a difficult time …”

KELLER’S FAILED VIOLENT CRIME REDUCTION PROGRAMS

It was in 2019 that Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates. Keller also launched his “Community Safety Department” and his “Metro Crime Initiative” which he claimed will fix the “broken criminal justice” system.

All 5 initiatives involve early intervention and partnership with other agencies and are summarized as follows:

1. THE SHIELD UNIT

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.

https://www.abqjournal.com/1325167/apd-expands-unit-that-preps-cases-for-prosecution.html

2. DECLARING VIOLENT CRIME A PUBLIC HEALTH CRISIS

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health crisis” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

3. THE “VIOLENCE INTERVENTION PLAN” The “Violence Intervention PLAN (VIP program)

On November 22, 2019 Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. Mayor Keller stated:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

The “Violence Intervention Plan” can be described as a “fantasy land” experiment especially when there is little that can be done to prevent the violent crime of murder by “trying to get these people not to shoot each other” and “understanding who they are and why they are engaged in violent crime.”

4. THE METRO 15 OPERATION PROGRAM

On Tuesday, November 26, 2019 Mayor Tim Keller held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017.

5. METRO CRIME INITIATIVE

On September 23, 2021 Mayor Keller concluded a conference he dubbed he the “Metro Crime Initiative”. Participants included APD, the DA’s Office, the Courts and many other stakeholders to address what all participants labelled the “broken criminal justice” system.

The entire “Metro Crime Initiative” started with the phony proposition declared by Mayor Keller and all the participants that our criminal justice system is broken. During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe.

A list of 40 action items were revealed by Keller with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. All the participants patted each other on the back for doing such a good job and asserting they have found the solution.

When you examine the “check list” of the 40 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 3 years and include many programs already announced. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place

Simply put, all 5 of Keller’s programs can be described simply as failures and not having any real statistical impact on reducing crime. The truth is that for a good 3 years before the COVID pandemic hit the city hard in 2020 under Keller’s watch, violent crime rates were spiking, so much so that 6 years ago then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone of his campaign.

Notwithstanding the 19% reduction in homicides in 2023, the sure  spike in homicides during Keller’s 6 year tenure as Mayor is an obscene reflection that the city is  one of the most violent cities in the country under his tenure.  This is our new norm as the city follows national trends.  Keller’s promised 1,200 sworn police never materialized and currently the city has less than 900 sworn police. The city and APD never once in his 6 years as Mayor even has had 1,000 sworn police.  Keller’s community base policing has yet to fully materialize and APD is still struggling to fully implement the Department of Justice reforms and come into compliance with the Court Approved Settlement Agreement (CASA).

Mayor Tim Keller’s is expected to run for a third term in 2025 and has already made it know to his executive staff he is running. There is no doubt Mayor Tim  Keller will try and  take credit for the City’s declining crime rates when in fact all of his efforts have been a failure.  Albuquerque  is worse off today with Tim Keller as Mayor than when he was elected the first time 6 years ago. Hope springs eternal that he will move on and not seek another 4 years.  A full 8  years of Tim Keller as Mayor is enough.

________________________________________

POSTSCRIPT

THE NIBRS SYSTEM

Starting in January 2021, the FBI requires crimes to be counted and reported by law enforcement through the National Incident-Based Reporting System (NIBRS)  and not the “most serious incident-based” reporting system known as SRS.

In NIBRS, there are 3 major reporting broad categories:

Crimes Against Persons include murder, rape, and assault, and are those in which the victims are always individuals.

Crimes Against Property include robbery, bribery, and burglary, or to obtain money, property, or some other benefit.

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes.

The 3 major categories are then broken down into 52 sub-categories. NIBRS counts virtually all crimes committed during an incident.  The NIMRS is far more sophisticated than the “most serious incident-based” reporting system (SRS) which was used by law enforcement for decades.

SRS has only 8 broad categories of crime:

1. Murder and Nonnegligent Manslaughter,
2. Forcible Rape,
3. Robbery,
4. Aggravated Assault,
5. Burglary,
6. Larceny-theft,
7. Motor Vehicle Theft and
8. Arson

A link to a complete guide to the NIBRS crime reporting system is here:

https://ucr.fbi.gov/nibrs/nibrs_dcguide.pdf

 

 

The 2024 New Mexico legislative session ended on February 15 at noon. During a news conference immediately after the session ended Governor Michelle Lujan Grisham said she may convene a “special public safety session” to possibly pass more public safety initiatives that did not make it through the legislature.

Lujan Grisham said it was too early to commit to specific bills she’d want to bring up in a special session.  However, one of the measures that could be on the table for a potential special session is a move to require behavioral health treatment for people accused of crimes.

The governor said she really wanted lawmakers to approve a bill reworking how the courts address competency and behavioral health treatments. Senate Bill 16 was the criminal competency bill introduced in the 2024 session that would have mandated court-ordered treatment for a defendant deemed dangerous and incompetent to stand trial. Under current laws, individuals found incompetent largely have charges against them dismissed and are given information about services.

The bill never made it to the floor. Lujan Grisham said this:

“We need a tool for folks who are repeat offenders because of these issues — substance abuse, behavioral health, mental health issues — to make sure that they can get the required treatment for more than a minute.”

PROVSIONS FOR VARIOUS DEGREES OF CRIME

The legislation included provisions for the various levels of crimes.

For violent felonies, if the defendant regained competence, the prosecution would continue. If the defendant failed to gain competence, they will remain in the residential facility with intermittent reporting to the court about his progress.

For non-violent felonies only the defendant would be referred to a diversion to treatment program for no longer than 18 months.

Upon completion, charges are dismissed.

If a defendant was unable or refuses to participate once referred, they would be assessed for civil commitment or assisted outpatient treatment.

For misdemeanors, the defendant could be  be diverted to treatment and wraparound services for up to 6 months.

https://ladailypost.com/gov-michelle-lujan-grisham-announces-legislation-that-increases-access-to-mental-health-services-for-repeat-defendants-in-new-mexico/

SUPPORT FROM PROSECUTION AND DEFENSE

The term “revolving door” is often used to refer to criminals who are arrested, released before trial with conditions, and then arrested again for committing more crimes.  During the 2024 legislative session, state lawmakers did approve a bill that addressed to some extent part of the issue, but law enforcement leaders say the revolving door also includes suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to be arrested again.  It’s a gap in the system that state leaders want to close, but changing state law is only part of the solution.

Bernalillo  County District Attorney Sam Bregman said he  believed state lawmakers were on the right track with Senate Bill 16 to allow judges to order certain low-level suspects into behavioral health treatments to restore their competency so they’re able to stand trial. Bregman said this:

“Right now we just keep doing the same thing and we’re just having people go through the system with no real help for them, and it’s not good for the community. … A tremendous amount of cases are being dismissed because if someone’s not competent, they can’t help in their defense … and that’s not the way our criminal justice system works.”

Chief Public Defender Bennett Bauer said he agrees the system need to be fixed. Bauer said this:

“It’s important that people know that treatment, instead of incarceration, isn’t just to be nice to the person facing the charge. … It’s really what builds community safety. … We, as a community, need to step in, but much of that is stepping in and providing assistance to lift those folks up.”  

Not withstanding Bauer saying the system needs to be fixed, he said it was  a good thing Senate Bill 16 died in the Roundhouse because he believes lawmakers and law enforcement leaders need more time to work through those health care capacity issues and a  mental health care system that  is does not have enough providers nor facilities to do mental health evaluations. Bauer said this:

“Creating the capacity for treatment in the 33 counties in New Mexico, and at the same time, we create a court system that supports that community safety is critical.”

https://www.kob.com/new-mexico/new-mexico-faces-critical-public-safety-gap-competency-and-behavioral-health-treatment/

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

MENTAL HEALTH COURT

It was in 2007 that the Second Judicial Court located in Bernalillo County established the states only specialized Mental Health Court (MHC).  It is a state-certified specialty treatment court program specifically for individuals whose involvement with the legal system is directly related to an untreated or unstabilized mental health disorder, indicating a clear need for intervention, treatment and support. The program serves individuals charged and/or convicted of felony level charges within Bernalillo County.

Mission and Goal of Mental Health Court 

The Mission and Goal of the Mental Health Court are very straight forward:

Engage individuals with serious mental health diagnosis who are involved in the criminal system. The program strives to improve one’s quality of life through treatment, linkage to community resources, specialized supervision and extensive supportive measures.

The overall goal of the MHC program is to minimize and/or eliminate involvement with the criminal justice system while improving one’s overall mental health and quality of living.

Focus of Mental Health Court

The Mental Health Court has an overall focus on assisting with improving participants’ quality of life, appropriate treatment services and discontinuing involvement with the criminal justice system.  The program includes both pre and post plea tracks. The program serves individuals at high levels of risk and need, as assessed. The program duration typically ranges from 18-24 credit earned months. Time in the program is dependent on the severity of risk and need, level of participation and overall progression through the program.

The Mental Health Court (MHC) team members take into special consideration that participants typically have extensive trauma histories, limited support systems and a history of substance abuse, mental health and co-occurring disorders. In addition, participants often lack basic resources such as housing, education and/or employment.  In an effort to meet the individualized needs of each participant, MHC provides intensive clinical case management, individual, group, and family treatment services, housing, academic and vocational support through community service providers.

The services provided are unique to the person and are identified through individualized assessments and treatment planning. Each participant is given ample opportunity to receive the needed services to develop the life skills needed to live a life that is substance and criminal justice free.

The program is 100% voluntary, and is an alternative to the standard judicial process. The courts current capacity is 35.  The recidivism rate from September 1, 9/1/2017 to 1/1/2023 is  5.5% with a success rate of 94.5%

Pre-Adjudication, Post-Adjudication

Program referrals are accepted from attorneys, judges, treatment providers, community agencies, family members and from individuals involved in the justice system that are interested in participating in jail diversion programs, as an alternative to traditional court processes.

The MHC program accepts both pre-adjudication and post-adjudication referrals:

Pre-Adjudication: Participants can screen for the program pre-adjudication upon a referral to determine eligibility.

Post-Adjudication: Participants enter the program upon the filing of a formal plea agreement or upon a trial conviction. Sentencing is completed upon graduation of the program. Participants are advised appropriately of the possible sentence and penalties they may face, should termination or a voluntary withdrawal occur.

Eligibility For Mental Health Court

There are 4 major eligibility criteria to for the court:

1. MHC accepts individuals with a Serious Mental Health Illness (SMI) as a primary diagnosis.
2. Participants must have current felony charges-pending in Bernalillo County.
3. Participants must have identifiable substance abuse, mental health and/or social service needs, and be willing to participate in treatment for the duration of the program. Treatment services may include psychiatric evaluation, medication management, substance abuse individual and/or group counseling, and other behavioral treatment services as recommended.
4. Participants are not excluded from participation in MHC due to lack of residence and/ or stable residence.

All referrals are reviewed and considered on a case-by-case basis and a decision is made if a person is disqualified.

Disqualification Criteria For Mental Health Court 

There are 5 areas where a person can be disqualified from court participation:

1. Individuals who have pending charges or who have been convicted of capital offenses and/or sex offenses are disqualified.
2. Individuals who have been found incompetent, or competency is pending and/or do not have the cognitive capacity to participate in the program are disqualified.
3. Individuals who do not engage in completing clinical assessments and who stop showing up for program requirements are disqualified.
4. Individuals unwilling to follow treatment recommendations (e.g. medication management, counseling, case management services), are disqualified.
5. Individuals with cognitive impairment or learning disabilities that prohibit the ability to advance through the program are disqualified.

Service Delivery For Mental Health Court 

Community treatment and case management is provided by many entities in the community. Referrals for clients are based on need and agency availability. Participants complete a therapeutic assessment and develop an individualized treatment plan that focuses on identifying strengths and addressing needs. Services are strength-based and client centered for individuals who are challenged by substance abuse and co-occurring disorders and/or are deemed high-risk to reoffend in the community. Clients are ideally engaged in MHC for a period of 18 to 24 (credit-earned) months by transitioning through four phases, with an ongoing relationship of care in the areas of treatment, case management, housing, medication, stability, job readiness, parenting, and educational referrals.

The link to the  quoted source is here:

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

CIVIL MENTAL HEALTH  COMMITMENT HEARINGS

The are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 7-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted. All deal with the civil commitment of those who are a danger to themselves and others and provides that the District Attorney can initiate civil mental health commitment actions for evaluations and treatment.

The link to review the applicable New Mexico state statutes NM Statute §43-1-1 (2019), NM Stat § 43-1-1 (2019), NM Stat § 43-1-11 (2020) on civil mental health commitments is here:

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

NEW MEXICO’S CRIMINAL JUSTICE COURT SYSTEM

There are 13 Judicial District Courts in the State of New Mexico that are courts of general jurisdictions that handle both civil and criminal matters for the 33 counties in the State of New Mexico. Each of the 13 Judicial District Courts have primary jurisdiction over one or more counties based on population.

State District Courts are primary courts of jurisdiction over criminal cases, including felonies and misdemeanor cases. State District Courts have jurisdictions over civil matters with disputes of more than $10,000, domestic relations, mental health and civil commitment cases, appeals from administrative agencies, disputes over real estate, contract disputes, tort actions for personal injury.  District Court criminal convictions and criminal matters are appealable to the one New Mexico Court of Appeals and/or the New Mexico Supreme Court.

New Mexico also has a small claims court or Magistrate Court and Metropolitan Court System that are courts of limited jurisdiction that handle civil disputes of up to $10,000 and misdemeanor criminal matters and appeals are to the State District Courts.

An Administrative Office of the Courts (AOC) has been established and is funded by the New Mexico legislature to enable the courts to accomplish their mission by ensuring that the courts have adequate, equitable distributed resources. The AOC ensures that the courts have and use current technology and it provides a statewide human resources system. The AOC is responsible for developing and implementing improved court processes and supporting the courts in their  use.  The AOC ensures sound financial, budgeting and procurement practices in the management of court resources.

https://www.nmcourts.gov/court-administration/administrative-office-of-the-courts-aoc/

GOVERNOR LUJAN GRISHAM ADVOCATED MANDATORY TREATMENT  IN 2022 RELECTION CAMPAIGN

On September 30, 2022, the first debate between Democrat Governor Michelle Lujan Grisham and TV Weatherman personality Republican Mark Ronchetti.   Dominating the debate were heated exchanges and disputes on such issues as abortion, crime, the criminal justice system, the economy and public education. Notwithstanding, both the Governor and Ronchetti found common ground on the issue of homelessness.  Both said they would crack down on certain activities while expanding services to those willing to utilize them.

Governor Lujan Grisham for her part said she would push for legislation to restrict panhandling and criminal trespassing in the upcoming 2023 legislative session.  She said at the time her administration was working to expand substance abuse treatment programs in the state but pointed out some homeless reject treatment options. Lujan Grisham had this to say about those homeless who refuse treatment options:

“We’re going to need to do a little tough love and that’s going to mean probably more options for mandatory treatment.  …  I plan to propose in the next legislative session restrictions on panhandling and trespass for this population.”

Lujan Grisham said during the debate that more than half of New Mexico’s homeless population are teenagers. Lujan Grisham spokeswoman Nora Meyers Sackett said the governor’s plan is  a comprehensive approach to homelessness and said:

“These proposals will seek to build on the work the governor has done to invest in housing and improve and increase access to behavioral health services throughout New Mexico.”

SUBSTANCE ABUSE, MENTAL ILLNESS, HOMELESS BIG PART OF CRIMINAL JUSTICE SYSTEM

On May 22, 2023  the NM Legislative Finance Committee (LFC) released a report on the state’s homeless and the affordable housing shortage which included the preliminary estimates of the 2023 Point In Time (PIT) annual homeless count. The “Point in Time” (PIT) survey is conducted once a year to determine how many people experience homelessness on a given night in communities across New Mexico. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

According to the LFC Report on Homelessness and Affordable Housing, New Mexico’s homeless numbers increased 48% in 2023 going from upwards of 2,600 people to 3,842. The increase was driven by an increase in the unsheltered count with 780 more people in Albuquerque and 232 more in the rest of the state.  About half the emergency shelter beds available were used indicating overall adequate bed numbers statewide. However, shelter accessibility was reported as significantly lowering utilization rates because some individual emergency shelters are full while others are extremely hard to reach.

According to the LFC report the causes of homelessness points to many risk factors representative of vulnerable situations and populations. The following 7 risk factors for homelessness and housing insecurity were identified:

BEHAVIORAL HEALTH:  Over 1-in-5 adults in New Mexico have a mental illness. Nearly 1 in 5 youths had a major depressive episode in the last year.  New Mexico ranks 29th for adult mental health disorders and 17th youth mental health disorders in the country.

SUBSTANCE ABUSE:  On average, every day five New Mexicans die of alcohol-related causes, and nearly three die from a drug overdose. New Mexico ranks 1st alcohol-related deaths and 2nd  in drug overdose deaths in the country.

POVERTY: Nearly 1-in-5 New Mexicans live below the federal poverty line. New Mexico ranks 3^rd in the country in poverty

LABOR FORCE PARTICIPATION: In 2022, the labor force participation rate in New Mexico was 55%, compared to 62% nationally. New Mexico ranks 4^th in labor force participation.

PHYSICAL HEALTH:  Nearly 1-in-10 adults in New Mexico have multiple chronic health conditions.

DOMESTIC VIOLENCE:  In New Mexico, over 1-in-3 women experience domestic violence in their lifetime. Nearly 6,000 children suffered maltreatment in New Mexico in 2021. New Mexico ranks 26th in the country for domestic violence and 8th for child maltreatment.

INCARCERATION:  New Mexico has a relatively low incarceration rate, with 203 individuals incarcerated per population of 100,000.

According to the LFC report, people experiencing unsheltered homelessness are more likely to exhibit multiple risk factors. These individuals tend to have higher service needs, tend to be more frequent users of community services, such as emergency room visits and inpatient and outpatient treatments, and require more acute care.

The Point In Time data breakdown for the unsheltered for the years 2009 to 2022 reports 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse for a staggering 89% combined total.  When it comes to the  homeless in Albuquerque, 30.19% of the homeless  self-reported as having a serious mental illness and  25.5% self-reported as substance abusers.

There is an overlap with homeless suffering both mental illness and substance abuse.  In other words, a whopping 55.69% combined total of those surveyed self-reported as having a serious mental illness or were substance abusers. When it comes to the balance of the state homeless numbers, 43% were identified as adults with serious mental illness and 40% were identified as adults with substance use disorders or a staggering 83% combined figure.

The link to the entire  2023  PIT survey is here:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

COMMENTARY AND ANALYSIS

The enactment of new version of Senate Bill 16 in a Special Session of the legislature for Public Safety would be a good first start in dealing with the states drug addiction and mental health crisis. Any Special Session called by the Governor for public safety must include the statewide expansion of the  existing Second Judicial District Mental Health Court to include mental health commitment hearings by district attorneys and public defenders.

The existing Second Judicial District Mental Health Court program is 100% voluntary, and is an alternative to the standard judicial process and that should be changed.  It should be made mandatory to function as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.

Much more can and must be done.  There is a critical need for a civil mental health and drug commitment court for the homeless suffering from mental illness and/or drug addiction and who pose a threat to themselves, their family or to the general public. Such courts do in fact exist in the other parts of the country and have proven to be highly successful.

CREATE A 14^TH JUDICIAL DISTRICT MENTAL HEALTH TREATMENT COURT

Governor Michelle Lujan Grisham should she call a special session of the legislature for public safety, should  call for the creation of a new 14^th Judicial District Court with 3 separate regional divisions one located in Albuquerque, one in Las Cruces and one in Las Vegas, New Mexico with the creation of at least 3 District Court Judge positions with 6 year terms appointed by the New Mexico Supreme Court.  Appointment by the Supreme Court would ensure rapid filling of the new positions and take the elective partisan politics out of the process.  The Administrative Offices of the Courts would designated  a pivotal role in setting up the new court process, including locating the new Mental Health Treatment Court in existing court houses in all 3 locations.

Governor Michelle Lujan Grisham and the legislature should seek to designate the 14^th Judicial District Court  a specialty “Mental Health Treatment Court” functioning as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration. The existing Second Judicial District Mental Health Court would be consolidated into the Albuquerque District Mental Health Treatment Court.

There is an even bigger need for the construction and staffing of a mental health facilities or hospitals to provide the services needed. As it stands now, there exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment. There is glaring need for a behavioral health hospital and drug rehabilitation treatment facility.  The Bernalillo County Behavioral Health Center and the Las Vegas Mental Health hospital could be expanded to accommodate for court referrals and a new behavioral health facility could be constructed in Las Cruces to handle mental health commitment and treatment.

New Mexico is currently experiencing historical surplus revenues and this past legislative session the legislature had an astonishing $3.6 Billion in surplus revenue. Now is the time to create a statewide Mental Health Court  and dedicate funding for the construction of behavioral health hospital and drug rehabilitation treatment facilities  the courts can rely upon for referrals.

The legislation for creating such a new court system should include sufficient funding for all District Attorney Offices in the State  and the Public Defenders offices  so they can dedicate resources in the form of attorneys that will assume the filing and defending of civil mental health commitments as prescribed by law. The New Mexico Public Defender should also be called upon by the Courts to provide a defense where and when it is needed.

Links to related blog articles are here:

Governor MLG Considers Calling Special Session To Deal With Public Safety Issues; It’s About Time!

 

Homeless Becomes Issue In Governor’s Race; Quantifying the Number Of Homeless State Wide; “Tough Love” Approach To Homeless Must Include Civil Commitment Hearings For Mentally ILL and Drug Addicted

 

The 2024 New Mexico legislative session ended on February 15 at noon.  During a news conference immediately after the session ended Governor Michelle Lujan Grisham said she may convene a “special public safety session” to try and pass more public safety initiatives that did not make it through the legislature.

A link to the press conference is here:

https://www.facebook.com/watch/live/?ref=watch_permalink&v=245093381903095

During the press conference, the Governor highlighted gun-related bills that made it to her desk for signature. The bills she highlighted included House Bill 129 that  creates a seven-day waiting period, often referred to as a “cooling-off” period, for gun purchases.  Lawmakers also passed a bill increasing penalties for second-degree murder. Other crime bills that passed included banning guns from polling places and automatically holding people who commit crimes while out of jail awaiting trial for another crime.

While the governor highlighted these bills saying they will make a difference in saving lives, she also expressed her frustration that more public safety bills did not make it to her desk. The Governor said the House and Senate failed to make more progress on her public safety  priorities for the 30-day session that ended at noon February 15.

Lujan Grisham said this: “Both houses are well aware that I’m frustrated that not enough, or certainly more public safety measures got up.  …   I want to just say to New Mexicans, I don’t think it’s safe out there and I don’t think they think it’s safe out there because it plays out horrifically every single day.”

On Tuesday,  February 27, the Governor told  business leaders in Albuquerque she has not made up her mind on a special session and said this:

“You’ll know when I know. I don’t know. … I think there’s a lot more to do.”

https://www.abqjournal.com/business/governor-touts-2024-legislature-successes-that-can-help-businesses/article_982359ae-d5cb-11ee-9747-b7713ad4449d.html#tncms-source=home-featured-7-block

BEHAVIORAL HEALTH TREATMENT FOR PEOPLE ACCUSED OF CRIMES.

Lujan Grisham said it’s too early to commit to specific bills she’d want to bring up in a special session.  However, one of the measures that could be on the table for a potential special session is a move to require behavioral health treatment for people accused of crimes.

The Governor said she had hoped her criminal competency legislation that would address treatment would pass the 2024 Legislature. The criminal competency bill introduced in the 2024 session would have mandated court-ordered treatment for a defendant deemed dangerous and incompetent to stand trial. The bill never made it to the floor. Lujan Grisham said this:

“We need a tool for folks who are repeat offenders because of these issues — substance abuse, behavioral health, mental health issues — to make sure that they can get the required treatment for more than a minute.”

PRETRIAL DETENTION SYSTEM

Another bill the Governor  suggested that should be considered during a special session would be to change the pretrial detention system. The bill was tabled in the Senate Health and Public Affairs Committee on its first hearing for the third year in a row. The legislation, which Lujan Grisham aggressively pushed,  would have allowed for prosecutors to recommend that defendants accused of certain violent crimes be held in jail before trial without bond.

The statute presumes that people charged with such crimes are too dangerous to be released.  The defense would have a chance to “rebut” and prove that the defendant should be released. If a rebuttal isn’t brought, the defendant would automatically be jailed before trial.

The pretrial detention measure, SB271, was later resurrected via a “dummy bill” which is a blank measure filled in later after introduction and can be on any subject matter. However, it differed significantly from the bill that failed previously. People released after being accused of a felony, if accused of another felony, would be held without bond. No reference to rebuttable presumption was included in the bill.

Sen. Craig Brandt, R-Rio Rancho, who carried the first bill for the governor said the measure was a different way to achieve the same goal.  Brandt said this:

“Keeping the worst of the worst behind bars. … I think [what passed is] a partial step in the right direction.”

Lujan Grisham said the “no-bond” hold that did pass risks leaning in both directions. The Governor said this:

“This no-bond hold isn’t the provision I was trying to mirror the feds, and I still believe in that. …  I think that …  is just simpler to do.”

THIRD-DEGREE FELONY FOR A FELON TO BE FOUND WITH A FIREARM

The governor also said legislation that would make it a third-degree felony for a felon to be found with a firearm would have passed the Roundhouse if it didn’t contain a mistake, though she didn’t specify what the mistake was.

Lujan Grisham also mentioned legislation during the news conference that would require people to be at least 21 years old to buy guns. It sat on the House calendar, and the floor never actually heard it. Like the other measures, it’s not clear if it would come up again in a special session dedicated to public safety.

Other gun control measures that failed to pass include an assault weapons ban, changes to the Extreme Risk Protection Order and a bill intended to keep the firearm industry accountable.

Lujan Grisham said the most important gun safety bill that made it to her desk was the  waiting period on firearm purchases. Another bill, to keep guns out of polling places, also passed both chambers, with an amendment to exempt people with concealed carry licenses.

House Minority Leader Ryan Lane, R-Aztec, criticized all the gun legislation the Roundhouse passed, saying Democrats failed to meaningfully address crime in New Mexico. Lane said this:

“Guns are not the issue. … Our issues in New Mexico are more foundational.”

Lujan Grisham didn’t say when a special session might occur. If New Mexicans have other ideas on public safety measures, she said, she’s interested in hearing them.

https://www.krqe.com/news/politics-government/legislature/roundhouse-roundup-end-of-the-session/

https://nmpoliticalreport.com/nmleg/governor-legislative-leadership-reflect-on-session/

https://www.abqjournal.com/news/governor-considers-revisiting-public-safety-priorities-in-special-session/article_35b877f0-cc5b-11ee-9d52-23cd6aab8a2d.html

REVSITING THE GOVERNOR’S GUN CONTROL MEASURES

On January 12, 2024 before the beginning of the 2024 Legislative Session, Governor Michelle Lujan Grisham announced her support of bills she wanted lawmakers to consider during the 30 day session to address public safety. The bills include raising the age to purchase a gun, regulating assault weapons, and increasing penalties for a range of crimes.  The governor also asked lawmakers to discuss a handful of crime-related bills backed by both Democratic lawmakers as well as Republicans.

Gov. Michelle Lujan Grisham had this to say when she unveiled her public safety agenda for the 2024 legislative session:

“We have a gun problem … and we have a public safety problem.  … We have a responsibility to our children, to families, communities to solve it, and I believe this package goes a long way to do just that. … This is, without a doubt, the largest and most comprehensive public safety package in our state’s history. It’s the most together we’ve been on addressing public safety, crime and gun violence since I’ve been involved in government and certainly since I’ve been the governor. … Gun violence is a significant contributor to the cycles of crime in our communities and will continue to use every tool at our disposal to end this epidemic. Likewise, we will strengthen our support for law enforcement, increase penalties for violent crimes, and once again pursue legislation to keep violent offenders behind bars pending trial. All of this will build upon the progress and investments we’ve made in previous years.”

Three of the gun control initiatives Lujan Grisham supported  for the 2024 session in fact failed in the  2023 Legislative session.  The bills from the 2023 legislative session that failed were:

House Bill 101, which would have prohibited people from possessing assault weapons.

House Bill 100, which would have established a 14-day waiting period for guns.

Senate Bill 116, which would have made it illegal for anyone younger than 21 to purchase an automatic or semi-automatic firearm.

All 3 died in committee.

PRE TRIAL-DETENTION MEASURES

Governor Michelle Lujan Grisham for a third time advocated for major changes to the state’s criminal justice pretrial detention system in the form of enacting “rebuttable presumption” to make it easier to hold defendants accused of violent crimes until trial.

For the 2024 session, the bill’s sponsor was Sen. Craig Brandt, R-Sandoval. It would shift the way courts decide if someone should be held in jail before their trial.  The bill would have created a “rebuttable presumption” that a person charged with a violent crime  are a threat and should be held before trial, unless the defense offered clear and convincing evidence that the accused defendant was not  a danger to the community.

The legislation would create a “rebuttable presumption” of dangerousness for defendants charged with violent crimes and that they be held without bond pending trial. The aim of “rebuttable presumption” is to make it easier for more defendants to be held in custody before they’ve been convicted and to keep them from committing new crimes.

Proponents of rebuttable presumption say it will reduce violent crime.  Opponents of rebuttable presumption say courts can already keep a defendant behind bars. Opponents argue that reputable presumption shifts the burden of proof to defendants and violates the basic constitutional right of presumption of innocence until proven guilty.

BILLS INTROCED THAT DID NOT PASS

The governor’s public safety priorities included the following bills introduced with the sponsors identified that dealt with firearms and cracking down on crime:

1. The Firearm Industry Accountability Act amended the state’s Unfair Trade Practices Act to allow gun manufacturers to be held liable for deceptive trade practices. (Sponsored by Rep. Christine Chandler)
2. Assault weapons ban would have lawfully regulated the manufacture, possession and sale of weapons of war, most often the gun used in mass casualty events. (Sponsored by Rep. Andrea Romero)
3. Raising the age to purchase automatic firearms to 21 from the current minimum of 18 years of age. (Sponsored by Rep. Reena Szczepanski)
4. Prohibiting guns in parks and playgrounds would have  made it illegal to carry a firearm in county or municipal parks, playgrounds, and their accompanying parking lots.
5. Felons in possession of firearms would have increased the criminal penalty for felons found to be in possession of guns making it a second-degree felony. (Sponsored by Rep. Dayan Hochman-Vigil)
6. Amending the human trafficking statute would have increased the statute of limitations, criminal penalties, and victim protections under New Mexico’s current human trafficking statute. (Sponsored by Rep. Marian Matthews)
7. Changes to commercial burglary statute would have strengthened law enforcement’s ability to respond to businesses who have revoked a person’s right to enter or remain on their property due to a prior theft. It would have allowed police to charge offenders with the crime of commercial burglary, a 4^th-degree felony.
8. Pretrial detention and rebuttable presumption legislation for persons charged with serious, largely violent offenses. Unless rebutted by clear and convincing evidence, a defendant that poses a threat to the safety of community members can be held in custody pending trial. (Sponsored by Sen. Craig Brandt)
9. Mandated treatment that would give judges a more robust avenue to civilly commit individuals who are a danger to themselves or others.
10. RICO amendments were offered to update the existing Racketeering Act by adding additional crimes to include human trafficking, rape, exploitation of children, escape from penitentiary, and tampering with public records.
11. Amendments were offered to amend the Extreme Risk Firearms Protection Order Act. Specifically, it would have provided an expedited process where orders are issued 24-7 via an on-call judge, a requirement of immediate relinquishment of firearms upon service of an order. This legislation also would have changed reporting parties to include law enforcement and health care professionals. (Sponsored by Reps. Christine Chandler, Joy Garratt)
12. A Panhandling ban would have prohibited the unlawful use of public spaces, streets, sidewalks, curbs, with the primary goal of increasing public safety and vehicular efficiency.
13. Misdemeanor DWI search warrant requirement amendment would have updated the requirements for testing the blood of a suspected intoxicated driver to include both drugs and alcohol for misdemeanor crimes when the arrested person refuses testing.
14. Hazing penalties would have  criminalized hazing and aggravated hazing, protecting students or prospective students in New Mexico. Hazing is a misdemeanor and aggravated hazing a fourth-degree felony. This bill provides for criminal penalties for teachers, coaches or other reporting parties who knew, or should have known about hazing and failed to report it.
15. Data sharing requirements for law enforcement agencies would have  required the regular reporting of crime data from law enforcement agencies to the state as a condition of state funding.

LEGISLATION THAT PASSED

The following legislation passed:

1. Firearms purchase waiting period created a protracted waiting period of 14 days between the initiation of a federal background check and a buyer taking possession of a firearm, thereby reducing the opportunity for gun violence and suicide. (Sponsored by Rep. Andrea Romero) The legislature amended the bill and enacted a 7 day waiting period.
2. Prohibiting guns in polling places makes it illegal to carry firearms within 100 feet of polling places during an election. (Sponsored by Sen. Peter Wirth.) This bill in fact became law.
3. Compensation was increased for State Police, corrections/parole officers and provides for a 14% funding increase ($11.5 million) for State Police and an 8% increase ($7.2 million) for corrections, probation & parole officers.
4. Return to work for public safety personnel passed.  The bill is designed to provide a mechanism to allow for public safety personnel who previously retired from PERA to be able to return to work and continue to serve their communities. The goal of the bill is to be able to shore up significant public safety personnel vacancy rates in state, county and municipal public safety agencies.
5. Increased criminal penalty of the crime of second-degree murder raising  the maximum penalty from 15 to 18 years. (Sponsored by Sen. Antonio Maestas)

COMMENTARY AND ANALYSIS

It should come as absolutely no surprise to politcal observers that Governor Michelle Lujan Grisham is now proposing a special session to deal with public safety. A special session is something that was called for repeatedly, especially after the Farmington mass shooting and school shootings at Albuquerque schools and involving children with calls for a Special Session simply ignored by the Governor.

Simply put, when it comes to gun all the gun control legislation Governor Michelle Lujan Grisham wanted to be enacted during the 30-day 2024 legislative session, much of it was is dead on arrival and very little even made it through House and Senate committees.   It was way too much for a 30 day session that was supposed to deal with budgetary and financial matters.  In fact only 2  major  gun control measures were actually enacted:

1. The 7 day cooling off period for the purchase of guns.
2. No guns at voter polling locations.

Until the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders banning guns in the first place.

If Governor Lujan Grisham is really serious about the State’s crime crisis and wants to do something about it, she should be calling for the New Mexico Legislature to enact an “Omnibus Gun Control And Violent Crime Sentencing Act”  during a Special Session of the legislature.  

The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms.  The only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Institute a State background check system with a  mental health component  that would disqualify a person with a history of mental health violent outbursts or a history of threats to others from making a gun purchase.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing Act Omnibus Gun Violence And Sentencing Act must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

On Friday January 19, it was reported that the Federal Bureau of Investigation (FBI) executed search warrants and raided 3 homes of Albuquerque Police officers and the home and the law office of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. DA Sam Bregman ordered the dismissed 196  DWI cases because of the scandal due to the main witnesses’ credibility being called into question  which in all the  cases are  APD officers.  The Albuquerque Police Department has opened its own criminal investigation with an Internal Affairs investigation of the 5 officers.

The 5 cops implicated have been identified as Officers Honorio Alba, Joshua Montaño, Nelson Ortiz, Harvey Johnson and Lt. Justin Hunt with all placed on paid administrative leave.  Lt. Justin Hunt has resigned from APD. The FBI searched the homes of Alba and Johnson and the law offices of Thomas Clear III and the home of Clear’s paralegal Ricardo “Rick” Mendez. The US Department of Justice and US Attorney’s office have confirmed the APD police officers and the criminal defense attorney are at the center of a federal investigation involving the dismissal of hundreds of pending DWI criminal cases by the APD Officers ostensibly for some sort of remuneration to have the cases dismissed.

On February 22, it was widely reported that APD lapel camera video as well as a recording by a victimized citizen gave insight to some extent into just how the APD DWI dismissal and bribery scheme worked with the defense attorney. This blog article reports on the shake down.

A HIDEOUS SHAKE DOWN

On June 25, 2023 Officer Joshua Montaño stopped Carlos Sandoval Smith on suspicion of drunk driving and Sandoval Smith had his niece in the vehicle with him. Officer Montaño  has Sandoval Smith do a field sobriety test and he makes the decision to make an arrest and takes him to be booked. Montaño takes Sandoval Smith’s Apple watch and gold rope bracelet while booking Sandoval Smith.  Two breath analyzer tests were administered to Sandoval Smith and he was found below the legal limit for DWI but Sandoval Smith was still charged with DWI by Montaño and then released.

The next day,  Officer Montaño  calls Sandoval Smith to tell him his jewelry was not tagged into evidence and misplaced but he could get back his personal belongings from an attorney friend of Montaño’s who was identified as DWI Defense Attorney Tom Clear. Smith goes to the law offices of Clear where he meets paralegal Rick Mendez.  Suspicious, Smith goes to the law offices with a hidden recorder. Rick Mendez returns the personal items to Sandoval Smith and tells him that he has a guarantee way to avoid a DWI conviction and that is to hire Tom Clear for $8,500. The arrangement was to be that Officer Montaño would not appear for court and the case would be dismissed.  Sandoval Smith did not take the offer and he hired a public defender and the case was dismissed.

TAPED RECORDING INTEREACTIONS

A 71-minute video from Montaño’s lapel camera shows Sandoval-Smith being pulled over, taking field sobriety tests on the street and being prepared for booking at a Downtown prisoner transport facility. Following is the narrative:

APD Officer Joshua Montaño’s lapel video shows that on June 25, 2023, the 42-year-old Carlos Sandoval Smith was stopped near I-25 and Central. The conversation between Albuquerque Police DWI Officer Joshua Montaño and Sandova Smith on the lapel camera is as follows:

Officer Montaño: “I’m Officer Montaño with APD, I stopped you for speeding.”

Smith replied: “Yes sir.”

Officer Montaño: “Carlos, why you going so fast, man?”

Smith: “I apologize, I was just trying to get over in the lane and get on the freeway. My bad.”

Officer Montaño examined Sandoval Smith’s eyes to see if they were blood shot and ran Sandoval Smith through a series of field sobriety tests. “I’m nervous,” Smith admitted, adding he was concerned about his 16-year-old cousin who was watching from the car.  “I don’t wanna leave my cousin,” Smith said. “I gotta be a good example. I shouldn’t have sped, I’m sorry sir.” Officer Montaño replied “Well let’s just see how you do, okay?” .

Smith cooperates with the eye examination, walks in a straight line, and mentions problems with his knee when asked to balance on one leg. Smith asks  “This is the bad knee, so can I do this leg instead?”  Officer Montaño replied. “Any leg you’d like.”  Smith then counts backward and successfully recites a portion of the alphabet. After the field tests Officer Montaño tells Smith  “I do have to give you the opportunity to do a breath test.” At this  point, Sandoval Smith is placed in handcuffs and driven to the Prisoner Transport Center downtown. Sandoval Smith had to leave his 16 old cousin alone  to wait for a ride.

At the Prisoner Transport Center,  Sandoval Smith willingly took two breathalyzer tests. After blowing below the legal limit of .08 twice, Smith was still arrested and booked into jail for DWI.  During the breathalyzer tests, Officer Montaño removed his lapel camera and placed it at a distance while he interacted  with Sandoval Smith.

Montaño tells Sandoval Smith “I’m gonna take off your i-watch – your Apple watch.”  The Video shows Officer Montaño taking off Smith’s Apple watch and gold braid bracelet.   The fact that Montaño took off his APD  lapel camera to interact with Carlos Sandoval Smith while he was effectuating the arrest was improper and it violated APD’s standard operating procedures.

The next day DWI Officer Joshua Montaño called Sandoval Smith and left  a voice message.  The  phone message was:

“Hey Carlos, this is Officer Montaño with APD. I was just giving you a call because I – I don’t know if you realize, but I’m sure you do that – some of your jewelry was missing from the property from Sunday evening. And it looks like the PTC officers didn’t put that in your bag, but I have it.”

In a follow-up phone call, Smith says Officer Montaño told him he could get his watch and gold bracelet back from his attorney friend  DWI Defense Attorney Thomas Clear and he was given Clear’s address.

Becoming suspicious, Sandoval Smith contacted Clear’s office and made arrangements to pick up his property but also decided to record the interaction. Smith recorded his interaction with Clear’s Paralegal Ricardo ‘Rick’ Mendez  the day he retrieved his bracelet.  Below is a transcript of a portion of Smith’s interaction with who he says is Rick Mendez:

Smith: How are you sir?
Paralegal: You Carlos?
Smith: Yes I am, sir.

Smith: What is my next best step to try and not get this on my record, what do you recommend I do?

Paralegal: If you need to get off of this –
Smith: I do.

Paralegal: Okay. You’re at the right place. If you’re one of those people that can live with it, then go hire a cheap attorney. … We’re not the cheapest.

Smith: Okay.
Paralegal: So we charge $8,500 and you could do it in payments.
Smith: And with you representing me, that would guarantee that this doesn’t go on my record?

Paralegal: Yes.
Smith: Okay. And the odds of me not going with you and going with a public defender, what do you think about that?
Paralegal: Roll of the dice.

Links to quoted news sources are here:

https://www.krqe.com/news/investigations/recording-albuquerque-dwi-suspect-says-he-was-offered-a-guarantee-for-8500/

https://www.kob.com/new-mexico/dwi-suspects-recording-sheds-light-on-alleged-scheme-involving-apd-officers-and-attorney/

https://www.abqjournal.com/news/man-details-encounters-with-officer-and-law-firm-implicated-in-dwi-corruption-probe/article_2e279c08-d1c6-11ee-9c14-3b1fc8bfc956.html

COMMENTARY AND ANALYSIS

Throughout his entire interaction with Officer Montaño, Carlos Sandoval Smith was honest, very polite, very cooperative and even apologetic, he did everything he was told to do and answered all questions.  Ultimately, he participated in two field sobriety tests that he passed but he was still charged and booked.  To add to his victimization, and attempt was made to shake him down even further for $8,500.

What is so very disgusting is that this  entire interaction between Carlos Sandoval Smith and APD Police Officer Joshua Montaño amounts to nothing more than a hideous “shake down” of an innocent man by a sworn APD Police Officer who violated his oath of office to protect and defend.  It was nothing more than a complete abuse of power by law enforcement to effectuate a crime and to victimize an innocent man.

All people should feel safe when they deal with police, even if they are being pulled over for a traffic stop. No one should ever be subject of extortion nor intimidation by law enforcement or for that matter lawyers. There is no place in the criminal justice system for this type of corruption and behavior.

Then there is the matter of a criminal defense attorney and his para legal having no problem conspiring with law enforcement to victimize and extort innocent people.  An attorney guaranteeing and outcome in a criminal prosecution in exchange for money is criminal and a violation of the Code of Professional conduct deserving of permanent disbarment from the practice of law.

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD will likely be viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  This is so even before any charges have been filed against anyone, before any one is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney. Should the criminal defense attorney be charged and convicted of the crimes, he is likely facing jail time as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system.  The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in this scandal are held accountable, the lawyers involved are held accountable.  That will only happen  when there is aggressive prosecutions and convictions, the police officers are terminated and they lose thier law enforcement certification and disbarment occurs with the attorney.

 

On Saturday, February 17, Albuquerque Police Department Chief Harold Medina and his wife were in an unmarked APD truck when the APD vehicle crashed into a classic, gold color Mustang after Medina ran a red light as he tried to avoid gunfire on East Central.  The crash scene was at Central and Alvarado where Chief Harold Medina was driving his unmarked police unit with his wife in the city issue truck. Medina reported  two people getting into a fight seconds before the chief said he heard a gunshot. The chief then took off through the intersection through a red light and crashed into a Ford Mustang, seriously injuring the driver of the Mustang. The driver of the Mustang was taken to a hospital in critical condition.

On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the incident by saying this:

“[Getting the call about the crash was] one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day.  … Fortunately, in this case, I quickly learned he was OK.  … [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning.”

“This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.  … For us, we need to continue that clarion call for at every single level to do everything we can to make our city safer.  We don’t know any details, but would not be surprised if there was fentanyl, or whatever other illegal substance could have been exchanged. These are the kinds of things that we absolutely have to address. And this is not going to change unless we have major steps that we can take at every level.

RELEASED SURVEILLANCE VIDEO

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the Mustang.

The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting.  The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central.

Medina’s  truck drives into oncoming westbound traffic, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates quickly across the two west bound lanes of Central and crashes into the classic Mustang headed east. The man who allegedly fired the gun appeared to watch the crash unfold before running down the sidewalk.

The surveillance video shows Medina  cutting  in front of another car before accelerating at a fast rate of speed  through the intersection. The video shows oncoming traffic with Medina first slowly inching between two vehicles traveling West on the North side lanes of Central and Medina then accelerating to cross to the South traveling lanes of Central at a high rate of speed and crashing into the Mustang that was traveling  East  on the South lanes of Central.

EDITOR’S NOTE: It’s highly likely that Medina could have avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also had the immediate affect of driving the vehicle out of the line of fire with the motel building  providing an extent of obstruction.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

The links to news sources and video are here:

https://www.kob.com/new-mexico/apd-releases-surveillance-video-of-police-chiefs-crash/

https://www.koat.com/article/albuquerque-police-department-crash-chief-harold-medina-new-video-policy-violations/46893301

https://www.abqjournal.com/news/albuquerque-police-release-video-of-police-chiefs-crash/article_08316ea4-d0e8-11ee-982e-6fc9029396b2.html

https://www.abqraw.com/post/apd-releases-video-of-chief-medina-s-crash-critically-injuring-a-citizen

MAYOR KELLER ASKED FOR REACTION TO VIDEO

On February 21 after the city released video of the crash involving Albuquerque’s police chief that sent another driver to the hospital,  Mayor Tim Keller was asked what he thought of the video. Keller said this to KRQE News 13:

“You know I have not seen the video yet. I did know that we released it and I know our team in internal affairs and so forth is looking at it. I haven’t had a chance to look at it yet, actually.  … We are very concerned about the victim, and this is a situation where it is a very,  very unfortunate combination of events that happened and they happened to be at the wrong place at the wrong time, and so we are worried about their condition, and we want to make sure there is a full recovery, and it was also a beautiful gold Mustang.”

The link to the quoted news source is here:

https://www.krqe.com/news/albuquerque-metro/albuquerque-mayor-speaks-out-about-crash-involving-police-chief/

COMMENTARY AND ANALYSIS

Mayor Tim Keller’s comments that he has not seen the released video are so very wrong on so many levels given Keller’s penchant for news coverage and how he gave comments the day of the accident. Medina’s car crash has generated extensive news coverage and its difficult to believe  Keller  when he says he has not seen the video or at least seen the nightly news coverage where the video and news stories  were published.

Only now, a full week after the crash,  does Keller show any concern about the injured driver of the other vehicle.   On February 17, Mayor Keller during his news conference about the car crash did not even mention the innocent driver of the Mustang who was hit by Medina. Keller did not even mention Chief Medina’s wife nor express any concern for her as well.  What is downright embarrassing and pathetic is the lengths to which Mayor Tim Keller went to praise Chief Harold Medina for his actions as some sort of a hero especially when he said “[Chief Medina is] arguably the most important person right now in these times in our city.” 

What is downright insulting is when Mayor Keller said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang. ”  The blunt truth is the injured driver of the Mustang  was NOT at the “wrong place”.  He is the victim and an innocent bystander driving his vehicle obeying the law when and Chief Medina T-Boned him, critically injuring him and likely totaling both vehicles. It was Chief Medina who was in the wrong place and who broke the law by running a red light and he was not cited.  The type of car the victim  was driving is the last thing that should be on Keller’s mind.

APD FAMILY RIDE POLICY UNDER SCRUTINY AFTER CHIEF’S WEEKEND CRASH

Chief Medina’s crash where he and his wife were in an unmarked APD truck and crashed another vehicle is raising questions about APD’s rules surrounding family members in police units. On February 22, Medina said officers are allowed to have family members in their vehicle as long as they aren’t responding to a call. Medina said this was something he fought for in 2018. Medina said this:

“The number one thing is the safety of the community and our families. Sometimes it is a difficult balance for us to make sure we are able to accomplish that.  … In the past, I used to have SWAT officers when I was in the tactical session who actually went to the movie theater, their wife and kids went in one car, and they went in another car. They did the same thing for groceries, and it isn’t a good conducive lifestyle for the fact that we are asking these people to be on call 24/7.”

Medina said the  policy is  a good recruitment tool for officers but that doesn’t mean the department can’t revisit the policy.

https://www.kob.com/new-mexico/apd-family-ride-policy-under-scrutiny-after-chiefs-weekend-crash/

APD STANDARD OPERATING PROCEDURES FOR POLICE RIDE ALONG

It is Standard Operating Procedure 1-6 the deals with the APD “Patrol Ride Along Program” and   1-6-4 entitled Rules outlines ride along with police. The SOP states as follows:

“Eligibility for Participation in the Patrol Ride-Along Program

1. The Patrol Ride-Along Program is neither a public relations program nor is it intended to satisfy a community member’s curiosity about police work.
2. Professional Staff members and community members are permitted to participate in patrol ride-alongs for the purpose of meeting their training and educational needs.
3. A professional staff member or community member who wants to participate in the Patrol Ride-Along Program must be eligible for the Department’s Volunteer Program or Internship Program, consistent with SOP Volunteer and internship Programs …

…  .

Unauthorized Patrol Ride-Along

Officers and PSAs shall abide by the Patrol Ride-Along requirements prior to authorizing any community member or professional staff member to ride along on patrol.”

GENERAL PROCEDURES FOR DEPARTMENT-ISSUE VEHICLES 

It is 2-5 of APD Standard Operating Procedures that deal with use of APD issued department vehicles and Section 2-5-4 specifically deals with General Procedures For Department-Issue Vehicles and provides in part:

 “When operating a Department-issued vehicle, sworn personnel shall:

1. Have their police radio on and tuned to the proper frequency for their location;
2. While on-call, carry all necessary equipment for a call-out;
3. Consistent with SOP Personnel Code of Conduct and SOP Uniforms, have in their possession a jacket or vest that clearly displays the Department insignia, their badge, identification card, handcuffs, body armor, radio, on-body recording device (OBRD), and firearm to effectively perform a police function. …

When responding to a felony call with non-sworn personnel as passenger(s), except for approved ride-along, first drop off the passenger(s) at a convenient and safe location, then respond to the call consistent with Department Standard Operating Procedures (SOP);

… .”

MEDINA ADMITS WIFE NOT CERTIFIED FOR POLICE RIDE ALONGS

On Tuesday, February 20, Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel where he appeared standing and in full dress uniform. He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel.

In his February 20 Chief Corner video, Chief Medina admitted that his wife has not been certified for police ride along with him. Medina said the SOP on police ride along has been relaxed by Mayor Keller where ride along forms to allow relatives to ride along with patrol officers and for personal use are no longer required.  In the video Medina says this:

“…we are not going to change processes or policies related to take home cars…the mayor fought hard in 2018 to make sure that we could have a life work balance…I’m going to make sure that uh you don’t have to fill out ride-along forms…”

COMMENTARY AND ANALYSIS

The problem with Chief Medina’s statement that ride along are permitted by relatives is that APD Standard Operating Procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members. APD officials are claiming  the fact that Medina had his wife in his unmarked APD car did not violate APD policy.

The simple truth is that no matter what Chief Medina thinks nor what APD says, Medina must be held accountable for willfully placing his wife in harms way.  APD officials have argued that Medina was not responding to a call for service. According to APD’s standard operating procedures, if an officer has a non-sworn passenger with them when they get a felony or emergency call, they have to drop off the passenger first and then respond.

APD said it would violate APD policy if Medina was responding to a felony or emergency response, but Medina was not responding to a call. The problem is Medina made the decision to be on patrol while his wife was in his city issued vehicle so he could call in homeless encampment and the incident evolved into a call for service involving a felony and the discharge of a firearm which is a circumstance why any ride along must be authorized.

The Medina car crash with his wife as a passenger is the very reason why the no relative policy in police cars while a police officer is on duty was initiated in the first place.

CONCLUSION

Both Mayor Tim  Keller and Chief Medina are an embarrassment to the City with their words and actions and how they have handled this incident that has resulted in a truly innocent by stander winding up in the hospital in critical condition as Keller proclaims “it was also a beautiful gold Mustang.”