HUD Reports Spike In Homelessness Nation Wide; New Mexico And Albuquerque’s Homeless Numbers; Mayor Keller Seeks To Make Unhoused “Wards Of The City”; Civil Mental Health Commitments Viable Option To Get Unhoused Off The Streets

Posted on April 3, 2025 by

On December 27, 2024 the U.S. Department of Housing and Urban Development (HUD) released its 2024 Annual Homelessness Assessment Report: Part 1: Point-in-Time Estimates. Following are the key findings of the report:

NUMBER OF PEOPLE EXPERIENCING HOMELESSNESS

“The number of people experiencing homelessness on a single night in 2024 was the highest ever recorded. A total of 771,480 people, or about 23 of every 10,000 people in the United States, experienced homelessness in an emergency shelter, safe haven, transitional housing program, or in unsheltered locations across the country.”

CONTRIBUTING FACTORS

“Several factors likely contributed to this historically high number. Our worsening national affordable housing crisis, rising inflation, stagnating wages among middle- and lower-income households, and the persisting effects of systemic racism have stretched homelessness services systems to their limits. Additional public health crises, natural disasters that displaced people from their homes, rising numbers of people immigrating to the U.S., and the end to homelessness prevention programs put in place during the COVID-19 pandemic, including the end of the expanded child tax credit, have exacerbated this already stressed system.”

RECORD LEVELS IN ALL POPULATIONS

“Nearly all populations reached record levels. Homelessness among people in families with children, individuals, individuals with chronic patterns of homelessness, people staying in unsheltered locations, people staying in sheltered locations, and unaccompanied youth all reached the highest recorded numbers in 2024.”

MORE CHILDREN FOUND HOMELESS

“People in families with children had the largest single year increase in homelessness. Between 2023 and 2024, 39% more people in families with children experienced homelessness. Overall, the number of people experiencing homelessness increased by 18%. Nearly 150,000 children experienced homelessness on a single night in 2024, reflecting a 33% percent increase ,or 32,618 more children, over 2023. Between 2023 and 2024, children, defined as those under the age of 18, were the age group that experienced the largest increase in homelessness.”

NUMBER OF HOMELESS VETERANS DOWN

“Veterans were the only population to report continued declines in homelessness. Between 2023 and 2024, the number of veterans experiencing homelessness declined by 8%, or 2,692 fewer veterans. The number of veterans experiencing homelessness has declined by 55% since data collection about veteran homelessness began in 2009. The declines in sheltered and unsheltered experiences of homelessness were similar, (56% and 54%). These declines are the result of targeted and sustained funding to reduce veteran homelessness.”

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

HUD ANALYSIS ON VETERANS

“Through targeted funding and interventions that utilize evidence-based practices, homelessness among veterans dropped to the lowest number on record. There was a nearly 8% decrease, from 35,574 in 2023 to 32,882 in 2024, in the number of veterans experiencing homelessness. Among unsheltered veterans, the number dropped nearly 11%, rom 15,507 in 2023 to 13,851 in 2024. In 2024, HUD helped connect nearly 90,000 veteran households to stable, rental homes through the HUD-Veterans Affairs Supportive Housing (HUD-VASH) Program. The Department of Veterans Affairs announced that it has permanently housed 47,925 Veterans experiencing homelessness in FY2024 marking the largest number of veterans housed in a single year since FY 2019.”

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

HOMELESS BY AGE

About 1 in every 5 people experiencing homelessness on a single night in 2024 was age 55 or older. More than 104,000 people experiencing homelessness were between the ages of 55 to 64, and just over 42,150 people were over age 64. Nearly half of adults aged 55 or older, 46%, were experiencing unsheltered homelessness in places not meant for human habitation.

RACE AND ETHNICITY

People who identify as Black, African American, or African continue to be overrepresented among the population experiencing homelessness. People who identify as Black made up just 12% of the total U.S. population and 21% of the U.S. population living in poverty but were 32% of all people experiencing homelessness.

However, the share of people experiencing homelessness who identify as Black of any ethnicity decreased from 37% of all people experiencing homelessness in 2023. This change could partially be due to changes in the way race and ethnicity was reported this year and the inclusion of additional reporting categories. However, in recent years, many Communities of Care (CoCs) have engaged in additional technical assistance to correct bias in the allocation of housing and prevention resources. This decline could also reflect the effects of those and other local efforts to more fairly distribute resources

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

CHRONIC PATTERNS OF HOMELESSNESS

One in every 3 individuals experiencing homelessness reported having experienced chronic patterns of homelessness, or 152,585 people. This is the highest number of individuals experiencing chronic patterns of homelessness counted in the annual Point In Time survey. Individuals experiencing chronic patterns of homelessness have increased by 27% since data was first collected in 2007. A whopping 65% of all individuals experiencing chronic patterns of homelessness, or more than 99,500 people, were counted in unsheltered locations. This is also the highest number recorded since data collection began.

Click to access 2024-AHAR-Part-1.pdf

NATIONAL INVENTORY OF BEDS

“The national inventory of beds for people currently experiencing homelessness increased by 13% between 2023 and 2024. This increase was driven by increases in emergency shelter beds, which increased by 18% between 2023 and 2024 and have doubled since 2007. Transitional housing, meanwhile, has steadily decreased over time, declining by 4% between 2023 and 2024 and by 60% since 2007. However, this reduction since 2007 does not necessarily mean that transitional housing beds were completely removed from the national inventory.

Often transitional housing programs realize they function more like emergency shelter and convert their project type to align better with the way they actually function. In other cases, transitional housing programs converted to permanent housing projects, including transition-in-place and rapid rehousing. Nearly 60% of the national inventory of beds is for people formerly experiencing homelessness.

Rapid rehousing (RRH), permanent supportive housing (PSH), and other permanent housing (OPH) programs make up 57% of all beds reported in the housing inventory count (HIC) and people in these programs are not counted as experiencing homelessness in the PIT count data. Between 2023 and 2024 total inventory for these programs increased by 3%, with the largest increase among OPH programs, 14,735 more beds. This reflects significant investments into OPH through the Emergency Housing Voucher program. PSH makes up the largest share of all inventory for people formerly experiencing homelessness at 58%. While nationally the supply of PSH beds has more than doubled since 2007, there are still areas where the need for permanent housing has outpaced the supply.”

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

NEW MEXICO STATISTICS

Following are the statistics for the state of New Mexico gleaned from the HUD 2024 Annual Homelessness Assessment Report with the pages of the report identified:

The estimated NUMBER OF PEOPLE experiencing homelessness in New Mexico in 2024 was reported as 4,641. (page 8).

The PERCENTAGE of people experiencing homelessness in New Mexico who were UNSHELTERED in 2024 was 48% (page8)

In New Mexico the number of People Experiencing Homelessness from 2023-2024 increased by 789 (page 9), an 11% to 25% increase.

The ESTIMATE OF THE NUMBER OF INDIVIDUALS experiencing homelessness in New Mexico in 2024 was reported as 3,744 or a 65% to 74% range increase. (Page 20 of report)

Th percentages of the number of individuals experiencing homelessness who were UNSHELTERED in New Mexico in 2024 was 57% or a 31% to 50% range. (Page 21 of report)

The largest increase change in the Number of Individuals Experiencing Homelessness in New Mexico from 2023-2024 was 933 more than a 25% increase. (Page 21 of report)

The estimates of People in Families with Children Experiencing Homelessness in New Mexico in 2024 was 887 or a 0% to 24% range. (Page 32 of report.)

The percentages of People in Families with Children Experiencing Homelessness Who Are Unsheltered in New Mexico in 2024 was 12% or a 5% to 15% range. (Page 32 of report)

The change in the Number of People in Families with Children Experiencing Homelessness in New Mexico DECLINED by 144 from 2023 to 2024. (Page 32 of report).

The link to the 2024 Annual Homelessness Assessment Report: Part 1: Point-in-Time Estimates is here:

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

Links to relied upon or quoted news sources are here:

Click to access 2024-AHAR-Part-1.pdf

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

https://www.usnews.com/news/health-news/articles/2024-12-30/the-number-of-homeless-people-in-the-u-s-has-increased

https://www.wxow.com/news/us-homelessness-up-18-as-affordable-housing-remains-out-of-reach-for-many-people/article_4f7105b3-d7c8-5e69-b5c4-2f8ec929579c.html

https://apnews.com/article/homelessness-population-count-2024-hud-migrants-2e0e2b4503b754612a1d0b3b73abf75f

ALBUQUERQUE’S “POINT IN TIME” HOMELESS NUMBERS

On July 31, the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. The PIT count occurred on the night of January 29, 2024. The link to review the entire 62-page 2024 PIT report is here:

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 29, 2024 was 2,248. (Households include those with or without children or only children.) The breakdown is as follows:

Emergency Shelters: 1,018
Transitional Housing: 174
Unsheltered: 1,056

TOTAL HOUSEHOLDS: 2,248

PERSONS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of PERSONS experiencing homelessness in Albuquerque on January 29, 2024 was 2,740 broken down in 3 categories.

Emergency Shelters: 1,289
Transitional Housing: 220
Unsheltered: 1,231

TOTAL PERSONS: 2,740

UNSHELTERED BREAKDOWN

The data breakdown for the 2024 Albuquerque UNSHELTERED was reported as follows:

960 (78%) were considered chronically homeless.
727 (22%) were not considered chronically homeless.
106 (8.6%) had served in the military.
927 (75.3%) had NOT served in the military.
669 (56.6%) were experiencing homelessness for the first time.
525 (42.6%) were NOT experiencing homelessness for the first time.

ALBQUERQUE UNSHELTERED COUNTS YEAR TO YEAR

The data breakdown for Albuquerque’s UNSHELTERED for the past 2 years is as follows:

2023: 977
2024: 1231

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf (page 8 and 16)

ALBUQUERQUE UNSHELTERED ADULTS WITH DISABLING CONDITIONS

The data breakdown for the 2024 Albuquerque UNSHELTERED with disabling conditions was reported as follows:

Adults with serious mental condition: 44.4%
Adults with substance abuse disorder: 40%
Adults with with another disabling condition: 25.8%
Adults with HIV/AIDS: 1.3%

Note that a combined whopping 84.4% of all unsheltered adults were reported as suffering from serious mental illness or substance abuse disorder.

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf (page 11)

THOSE WHO MOVED TO NEW MEXICO FROM ELSEWHERE

For the first time, the PIT tried to gage the migration of the unhoused to New Mexico from other states. Individuals who stated they moved to New Mexico from somewhere else were asked whether or not they were experiencing homelessness when they moved to the State. They responded as follows:

82 (24.8%) said they were homeless before moving to the state.
212 (63.8%) said they were not homeless before moving to the state.
77 (11.4%) refused to answer

BARRIERS TO HOUSING LISTED

Unhoused respondents were asked to list the barriers they are currently experiencing that are preventing them from obtaining housing. The response options were developed during multiple meetings with community planning groups and based on responses to a similar 2023 survey question. The responses were as follows:

Access to services: 439 responses (42%)
Access to communication: 263 responses 25%
Available housing is in unsafe neighborhoods: 119 responses 11%
Credit issues: 150 responses 14%
Criminal record: 220 responses 21%
Deposit/Application fees: 316 responses 30%
Lack of vouchers (rental subsidies: 333 responses 32%
Missing documentation: 374 responses 35%
No housing for large households: 33 responses 3%
Pet deposits/Pet Rent: 57 responses 5%
Pets not allowed/Breed Restrictions: 48 responses 5%
Rental history: 144 responses 14%
Rental prices: 340 responses 32%
Safety/Security: 77 responses 7%
Substance Use Disorder: 283 responses 27%
Lack of employment: 45 responses 4%
Disabled: 34 responses 3%
No mailing address: 31 3%
Lack of income: 30 3%
Homeless by choice: 30 responses 3%
Ineffective service landscape: 25 responses 2%
Lack of transportation: 14 responses 1%
Discrimination: 8 responses 1%

ENCAMPMENT CLEANUPS AND REMOVAL

For the very first time, Albuquerque’s Unhoused were asked how many times has their encampment been decommissioned (removed) by the city over the last year. Following are the statistics:

69 reported once
98 report twice
67 reported three times
55 reported 4 times
497 report 5 time or more

ITEMS LOST AS A RESULT OF CITY CLEAN UPS

The unhouse surveyed were asked what types of items they lost during encampment removals. Losing these items can hinder progress toward housing and cause emotional distress, especially when sentimental items are involved. The response categories are not mutually exclusive and respondents were allowed to select more than one that applied.

81% said they lost their birth certificate.
5% said they lost a phone or tablet.
4% said they lost personal or sentimental items.
5% said they lost prescription medications.
9% said they lost social security cards.
6 said they lost a state ID or driver’s license.

NEW MEXICO STATUTES AND CITY ORDINANCES

New Mexico Statutes and City Ordinances that have been enacted to protect the general public health, safety, and welfare and to protect the public’s peaceful use and enjoyment of property rights. All the laws cited have been on the books for decades and are applicable and are enforced against all citizens and not just the unhoused. The specific statutes cited in the lawsuit are:

NMSA 1978, Section 30-14-1 (1995), defining criminal trespass on public and private property.
NMSA 1978, Section 30-14-4 (1969), defining wrongful use of property used for a public purpose and owned by the state, its subdivisions, and any religious, charitable, educational, or recreational association.
Albuquerque City Ordinance 12-2-3, defining criminal trespass on public and private property.
Albuquerque City Ordinance 8-2-7-13, prohibiting the placement of items on a sidewalk so as to restrict its free use by pedestrians.
Albuquerque City Ordinance 10-1-1-10, prohibiting being in a park at nighttime when it is closed to public use.
Albuquerque City Ordinance 12-2-7, prohibiting hindering persons passing along any street, sidewalk, or public way.
Albuquerque City Ordinance 5-8-6, prohibiting camping on open space lands and regional preserves.
Albuquerque City Ordinance 10-1-1-3, prohibiting the erection of structures in city parks.

All the above laws are classified as “non-violent crimes” and are misdemeanors. The filing of criminal charges by law enforcement are discretionary when the crime occurs in their presence. The City of Albuquerque and the Albuquerque Police Department has agreed that only citations will be issued and no arrests will be made for violations of the 8 statutes and city ordinance as part of a court approved settlement in a decades old federal civil rights lawsuit dealing with jail overcrowding.

US SUPREME COURT CASE GRANTS PASS V. JOHNSON

On June 28, the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws effectively criminalizing homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment.

The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks. The case is strikingly similar in facts and circumstances and laws to the case filed against the City of Albuquerque over the closure of Coronado Park.

The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The homeless plaintiffs argued that Grants Pass, a town with just one 138-bed overnight shelter, criminalized them for behavior they couldn’t avoid: sleeping outside when they have nowhere else to go.

Meanwhile, municipalities across the western United States argued that court rulings hampered their ability to quickly respond to public health and safety issues related to homeless encampments. The U.S. 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, ruled in 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.

The United States Supreme Court considered whether cities can enforce laws and take action against or punish the unhoused for sleeping outside in public spaces when shelter space is lacking. The case is the most significant case heard by the high court in decades on the rights of the unhoused and comes as a rising number of people in the United States are without a permanent place to live.

In a 6-3 decision along ideological lines, the Supreme Court reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans amount to “cruel and unusual punishment” under the United States Constitution. The majority found that the 8th Amendment prohibition against cruel and unusual punishment does not extend to bans on outdoor sleeping in public places such as parks and streets. The Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors, even in West Coast areas where shelter space is lacking.

CITY’S FINANCIAL COMMITMENT TO THE HOMELESS

Since becoming Mayor in 2017, Mayor Tim Keller has made the homeless the top priority perhaps only second to public safety. During the past 7 years of his tenure, the city has established two 24/7 homeless shelters, including purchasing the Loveless Gibson Medical Center for $15 million to convert it into a homeless shelter and he has spent upwards of $90 million to renovate it. The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one when once remodeling is completed fully operational will assist upwards 1,000 homeless and accommodate at least 330 a night.

Originally, it was the city’s Family Community Services Department (FCS) Department that provided assistance to the homeless. In fiscal year 2021-2022, the department spent $35,145,851 on homeless initiatives. In 2022-2023 fiscal year the department spent $59,498,915 on homeless initiatives. On June 23, 2022 Mayor Tim Keller announced that the city was adding $48 million to the FY23 budget to address housing and homelessness issues in Albuquerque. Key appropriations included in the $48 million were as follows:

$20.7 million for affordable and supportive housing
$1.5 million for improvements to the Westside Emergency Housing Center
$4 million to expand the Wellness Hotel Program
$7 million for a youth shelter
$6.8 million for medical respite and sobering centers
$7 million for Gateway Phases I and II, and improvements to the Gibson Gateway Shelter facility
$555,000 for services including mental health and food insecurity prevention

The link to the quoted source is here:

https://www.cabq.gov/family/news/mayor-keller-signs-off-on-major-housing-and-homelessness-investments

Effective July 1, 2024, the Family and Community Services Department was split to create two departments: Health, Housing and Homelessness (HHH) and the Youth and Family Services (YFS). The Health, Housing and Homelessness Department (HHH) provides a range of services to the unhoused. The services offered by the department directly or by contract with community providers include:

Behavioral health services, which encompass mental health and substance abuse treatment and prevention.
Homeless services.
Domestic violence support.
Health care.
Gang/violence intervention and prevention.
Public health services.
Rental assistance and affordable housing developments.

HHH also operates four Health and Social Service Centers and the HHH department employs upwards of 100 full time employees.

The enacted FY/25 General Fund budget for the HHH Department is $52.2 million, which includes $48 million for strategic support, health and human services, affordable housing, mental health services, emergency shelter, homeless support services, Gibson Health HUB operating, and substance use services from Family and Community Services Department, and $4.2 million for a move of Gibson Health HUB maintenance division form General Service Department.

The HHH departments FY/25 budget which began on July 1, 20224 includes:

$13.3 million of FY/24 one-time funding transferred from Family and Community Services, including $265 thousand for strategic support,
$110 thousand for health and human services,
$8.5 million for affordable housing,
$1.5 million for mental health services,
$1.2 million for emergency shelter,
$200 thousand for substance use services,
$1 million for homeless support services and $500 thousand for the Gateway Phase 1 and Engagement Center at Gibson Health Hub.

The FY/25 HHH Department budget increases recurring funding of $250 thousand for Family Housing Navigation Center/Shelter (Wellness-2), and recurring funding of $250 thousand for Gibson Health HUB maintenance. The proposed budget adjusts program appropriations of $776 thousand in FY/25 based on projected savings.

The Gateway Homeless shelter on Gibson, the city’s one-stop shop for shelter, housing and employment services, has been appropriated $10.7 million in total funding fiscal year 2025.

The Westside Emergency Housing Center was appropriated $1.5 million.

The proposed budget includes $8 million in one-time funding for supportive housing and voucher programs, plus $100,000 for emergency housing vouchers for victims of domestic violence.

Other major budget highlights for the homelessness, housing and behavioral health include the following:

$900,000 nonrecurring to fully fund the Assisted Outpatient Treatment program.
$730,000 in recurring funding for operation of the Medical Sobering Center at the Gateway Shelter.
$100,000 nonrecurring for emergency housing vouchers for victims of domestic violence.
“Full funding”for service contracts for mental health, substance abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service providers, and services to abused, neglected, and abandoned youth.
$1.5 million in recurring funding for the Medical Respite facility at the Gateway Center.
$100,000 nonrecurring for the development of a technology system that enables the city and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.
$500,000 nonrecurring to fund Albuquerque Street Connect. According to the mayor’s office, Street Connect is a “proven program” that focuses on establishing ongoing relationships with people experiencing homelessness to help them into supportive housing.

You can review all city hall department budgets at this link:

Click to access fy24-proposed-web-version.pdf

According to the City budgets for the years 2021 to 2024, the Keller administration has spent over $300 million in the last 4 years on homeless shelters, programs, and the city purchasing and remodeling motels for low-income housing. Keller insisted on buying the old Lovelace hospital on Gibson for his Gateway Homeless shelter and he has spent upwards of $90 million to remodel it because of asbestos removal.

Keller has taken an “all the above approach” to deal with the city’s homeless. The city will have a total of 5 shelters to deal with the homeless that should be operating as an integrated system:

The Gibson Gateway shelter
The Gateway West shelter
The Family Gateway shelter
The Youth Homeless shelter
The Recovery Shelter

COMMENTARY AND ANALYSIS

The blunt reality is that Mayor Tim Keller, with all of his good intentions, 5 shelters and millions being spent on programs and services, is essentially proclaiming the unhoused to be “wards of the city” when such a responsibility should be undertaken by the state or federal governments. The city is assuming a financial burden that is not sustainable in the long run and it is becoming too big of a drain on city resources to the determent of essential, basic services.

The recent annual Point-In-Time homeless survey count found an 18% to 25% increase in the homeless with upwards of 3,000 chronic homeless in the city. It has been reported by those taking the survey itself that 75% refuse city services wanting to be left alone to continue living on the streets. A whopping combined total of 84.4% of all unsheltered adults were reported as suffering from serious mental illness or substance abuse disorder. (44.4% adults with serious mental condition + 40% Adults with substance abuse disorder = 84.4%)

Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike and are out of control as the crisis worsens as the unhoused refuse services and as they take over our streets and parks. The $300 million spent to help 3,000 to 5,000 homeless with 75% refusing services would have gone a long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.

Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrancy laws and make arrests as allowed by a United States Supreme Court ruling. Keller allowed Coronado Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who sanctioned it and then he was forced to close it down because of out-of-control violent crime and illicit drug use.

Being unhoused is not a crime. Government, be it federal, state or local, have a moral obligation to help and assist the unhoused, especially those that are mentally ill or who are drug addicted. But that does not mean you make them “wards of the city” to provide any and all assistance they want, how they want it and at their beckon call.

The unhoused are not above the law. They cannot be allowed to just ignore the law, illegally camp wherever they want for as long as they want and as they choose, when they totally reject any and all government housing or shelter assistance. The City has every right to enforce its laws on behalf of its citizens to preserve and protect the public health, safety and welfare of all its citizens.

Unlawful encampment squatters who refuse city services and all alternatives to living on the street, who want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to take action and force them to move on. Allowing the homeless to use, congregate and camp anywhere they want for as long as they want in violation of city laws and ordinances should never be considered as an option to deal with the homeless crisis given all the resources the city is dedicating the millions being spent to assist the homeless.

Too many elected and government officials and organizations such as the American Civil Liberties Association of New Mexico, have no problem and see nothing wrong with homeless adults simply living their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. They could not careless the negative impact such conduct has on others and others rights.

No municipality should ever be required to just simply ignore and to not enforce anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws designed to protect the general public’s health, safety and welfare of a community.

Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations, arrests are in order.

CIVIL MENTAL HEALTH COMMITMENTS VIABLE SOLUTION

During the 2025 New Mexico Legislature, the state enacted the Behavioral Health Reform Package consisting of 3 Senate Bills that make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. Hundreds of millions are dedicated to the programs. One bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

The 2024 legislature enacted the Behavioral Health package that will fund half billion trust fund to build behavioral health facilities an hire personnel in 3 regions. The county also has behavioral health tax where facilities are also being built. The city was nuts to convert the old Lovelace hospital to a 24/7 shelter and should have kept it as a hospital and use the 200 patient rooms for civil mental health commitments. Part of the enacted behavioral health package expands definition of serious danger to self and others an DA can get people committed for longer periods of time and compel treatment. The Courts will be in charge and they are committed to getting the job done.

A whopping 84.4% of all unsheltered adults in Albuquerque are reported as suffering from serious mental illness or substance abuse disorder which translates into posing a serious threat to their own safety or the safety of others. Rather than emphasizing temporary housing as Mayor Keller has done with his integrated shelter program, the city should take steps to implement a “civil mental health commitment” program to deal with the unhoused who are suffering from mental illness and drug addiction to get them the treatment and care they need and get them off the streets once and for all.

Tim Keller Runs Against Trump As He Runs Away From His Own Failed Record As Mayor; City Needs A New Mayor; Candidates Running Now Will Not Take City Forward; Time Running Out For Voters To Recruit Better Candidates Than Those Announced

Posted on April 1, 2025 by

On Thursday March 12, Mayor Tim Keller officially announced that he is running for a third 4 year consecutive term. He did so by issuing a press release and a video. You can view the one minute video here.

KELLER RUNS AGAINST TRUMP

On Sunday, March 24, Mayor Tim Keller spoke to upwards of 250 people seated in the gymnasium at the city’s Monzano Mesa Multigenerational Center located two blocks South East of Central and near Costco. The event was billed as “DEFEND ABQ, Standing Strong For Families”.

Attendees were asked to register for tickets even though the event was free of charge. The audience was decidedly an older crowd and based on familiarity with those attending, the audience was “progressive” Democrat. The audience included elected Democrat City Councilors and County Commissioners.

Mayor Keller was the only speaker. He spoke for one hour and 15 minutes using a slick slide presentation and took questions afterwards. Throughout his presentation, the audience repeatedly applauded enthusiastically with approval everything Keller told them.

The entire program was Mayor Tim Keller discussing and outlining in detail the impact Trump budget cuts and other actions taken by the Trump administration will have on the city. Keller emphasized the need for steady and experienced leadership and said this:

“It’s real here. … It’s real in every city in America. That’s what is so terrible about this. … What they are doing is destroying every aspect of our community, including the business community. … These dangerous cuts are very real for every city in America and would have huge consequences for our families in Albuquerque. But this is not our first rodeo with Donald Trump, and we will keep fighting for our families and defend our city against anyone trying to tear us apart. … These potential cuts are, pure and simple, dangerous to our city. Regardless of our party or feelings about the White House, no one in Albuquerque is better off when kids go without child care, a crime lab is without officers, streets and neighborhoods are without trees, or seniors go without meals. … Like during Trump’s first term and the COVID pandemic, I will use all the tools we have, create new ones, and work with local and state government partners to keep our city running. I will stand up for every resident as we prepare for what could be exceptionally tough times.”

Keller touched on topics ranging from budget cuts to immigration. Keller outlined Trump Administration major cuts that will affect the city services. The Trump cuts include federal affordable housing funding, cutting vouchers for the unhoused, and cutting funding for homeless shelters. Cuts to transportation include cutting federal funding for road improvements, bike lanes and trails, bus routes and for the city’s multimillion dollar “rail trail” development.

Keller noted that 39% of New Mexico families are enrolled in Medicare and the Trump Administration is talking about making cuts to the program. Keller noted that there are 44,000 New Mexicans who are employed by the Federal Government and how blanket layoffs are already occurring in the city and New Mexico.

Keller outlined how federal funding cuts will impact other areas including:

PUBLIC SAFETY: The city could see an impact to a number of areas in law enforcement including drug enforcement, crime fighting technology and a decrease in the size of the police force with federal funding for 50 police officers cut. Keller asked “Can you imagine how detrimental that would be, especially given the challenges we’re having with crime?”
HOUSING: Trump federal funding cuts will affect projects like the “Uptown Connect” project which is a federally funded mixed-use development that will replace the the Uptown Transit Center. Included in the development are almost 200 affordable housing units. Keller said this: “We will never see it if Trump keeps doing what he’s doing.”
MINORITY BUSINESSES: Trump also issued an executive order laying out plans to eliminate government entities, including the Minority Business Development Agency.

One area Keller claimed the city is fighting back against Trump relates to “diversity, equality and inclusion” (DEI). Keller said the city will continue promoting DEI as Trump tries to crackdown on DEI programs across the country. Keller pledged to continue with the city’s Office of Equity and Inclusion, the Office of Civil Rights, and the Office of Financial Empowerment, all 3 which Keller created, and continue with the city’s Climate Action Plan.

Keller pledge to protect immigrant rights and went so far as to say “We’re not going to work with ICE (Immigration and Customs Enforcement).” He said the city plans to continue being a “sanctuary city,” which limits or denies cooperation with federal immigration authorities, prevents city resources from being used for immigration enforcement or for sharing information about an individual’s immigration status, unless legally required. Keller said “We are not going to change now.”

Keller is wrong when he says the city is a “Sanctuary City” when in fact it is an “Immigrant Friendly” city as decreed by a city council ordinance. It was in 2001, long before Keller became Mayor, that the city council declared the city to be an “Immigrant-Friendly City” by City Council ordinance with the ordinance originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District.

A “Sanctuary City” requires local government to protect the undocumented from federal authorities and federal arrests. “Immigrant Friendly” cities on the other hand enact policies that are favorable to undocumented people to allow them city services like all other residents and its local law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws.

Keller said he wants the city council to enact a “Reproductive Bill of Rights” a “Renters Bill of Rights” and an “Environmental Bill of Rights”. Keller said the city also plans to continue committing to programs like Albuquerque Justice 40, a Biden-Harris Administration initiative to deliver 40% of overall benefits from certain federal investments to disadvantaged communities.

At the end of his presentation, Keller was asked to comment on the upcoming 2025 municipal election. Keller was very careful to say the event was not politcal and noted that the 5 “odd numbered” City Council positions will be on the ballot as well as the Mayor’s race saying the petition gathering period begins on April 19, 2025 for Mayor.

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

https://www.abqjournal.com/news/article_20332fa1-b15c-4808-976d-6a16cdd28498.html

https://www.cabq.gov/mayor/news/mayor-keller-defending-abq-against-federal-cuts

COMMENTARY AND ANALYSIS

Keller’s entire March 24 “DEFEND ABQ, Standing Strong For Families” program had the look and feel of an orchestrated re-election campaign event with Keller at the top of his game exhibiting his knowledge of city funding being cut by the Trump administration. The event could easily be described as his announcement and justification for another 4 year term. The only thing missing were 20 foot by 10 foot political banners saying “Re-Elect Tim Keller Mayor”. The event no doubt gave his opponents heart burn as it is proof of his base of support remains intact and that he has solidified his progressive Democrat party base with all that he said by campaigning against Trump.

On Sunday March 30, Mayor Tim Keller was introduced at the Bernalillo County Democrat Central Committee Convention as a candidate for Mayor with upwards or 250 in attendance with no other candidate for Mayor speaking. It must be noted that when Keller was introduced, the reaction was respectful but somewhat subdued with an extent of enthusiasm lacking. He spoke for 15 minutes and rather talking about his accomplishments as mayor he again attacked the policies of Trump and the need to oppose what Trump was doing on the national level.

It’s clear that Keller’s strategy for election to a third term is to ignore his opponents and critics and run against President Trump as Keller runs away from his own failed record as Mayor. During the March 12 and March 30 events, Keller more than once said he dealt with Trump during his first term as Mayor and knows how to deal with Trump policies.

KNOWN CANDIDATES RUNNING

There are 4 known candidates running against Mayor Tim Keller who have registered with the city clerk. Those candidates are:

Democrat Mayling Armijo is the executive director of a nonprofit business lending organization and former deputy county manager for Sandoval County. She proclaims she is not a politician and parrots the talking points of wanting to “focus on eliminating crime, revitalizing our economy, and creating a safer, stronger future for every resident” without offering any specific platform nor solutions which is a politician’s platform of no substance.
Republican Eddie Varela is a retired deputy fire chief with more than 30 years of public service. Varela has said that he did not vote for Donald Trump nor Kamala Harris, but he now believes Trump is doing a great job saying he supports Trump’s and Elon Musk’s efforts to reduce the size of government with the severe cutbacks.
Republican Patrick Sais is a is a small business owner, retired truck driver, school bus driver who ran unsuccessfully for state representative. Sais has no municipal government experience, yet wants to run an organization of over 5,000 employees.
Republican Darren White is the controversial former Bernalillo County Sheriff, former City Chief Public Safety Officer who “retired” from the city after he interfered with an APD investigation of his wife involved in an accident. White showed his hypocrisy following his law enforcement career when he started a medical cannabis business after decades of condemning the drug.

The link to the city’s clerks web page listing all candidates registered is here:

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

Confidential sources have confirmed that at least three other candidates are exploring running for Mayor but have yet to announce. The three are:

Democrat first term, West side Albuquerque City Councilor Louie Sanchez who is a retired APD Officer and is now an insurance salesman. During his term as city councilor, Sanchez has been a consistent critic of Mayor Keller and has often voted with all 4 of the Republicans on City Council. Sanchez has put up a website seeking $250 in “seed money” donations. Sanchez is up for election to city council and must giving up his council seat to run for Mayor.
Former New Mexico U.S. Attorney Alexander Uballez who was fired by President Trump on Valentines Day February 14. Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by President Joe Biden. Uballez singular biggest claim to fame is bringing federal charges against law enforcement and the ring leaders involved in the DWI bribery and conspiracy scandal to dismiss hundreds of DWI cases.
Daniel Chavez, President of Parking Company of New Mexico.

There is a good chance that one or perhaps two of the four announced candidates will not qualify for the ballot nor public financing. All four of the announced candidates running thus far against Keller are more interested in hyperbole and disruption. Former BCSO Sherriff Darren White is such a candidate who is more mouth than substance.

Eight full years of Tim Keller’s failed policies as Mayor has been more than enough, but those who are running against him will likely be even worse. They do not have the gravitas to be Mayor meaning understanding the seriousness of purpose of being Mayor, background, credentials and the importance of manner causing a feeling of respect and trust from others.

KELLER’S RECORD OF FAILURE

After 8 years as Mayor, Tim Keller wants another 4 years saying he wants to finish work and projects he has started such as the Rail Yards project and downtown revitalization. Mayor Tim Keller has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. His failure as Mayor is the likely reason there are at least 4 candidates running against him, but there needs to be more.

Thus far the candidates running against Keller state the obvious problems the city is facing such as crime is out of control and the homeless have taken over the city. They offer no real solutions. Keller did the exact same thing when he ran for mayor the first time seven years ago, but now he must run on his own record.

MAYOR KELLER AND CHIEF MEDINA’S APD TRAIN WRECK

Seven years ago when Keller first ran for Mayor, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this 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.”

Proclaiming violent crime was out of control, Keller said that he could get crime down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at about 800 sworn officers.

APD has fallen off the cliff under Keller’s leadership. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as APD with the department still dangerously understaffed at about 800 cops despite seven years of increased budgets, salary increases, and lucrative bonus pay. The truth is APD is very top heavy with mid to upper management and with only about 350 officers actually patrolling the streets. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. Although the city recorded a19% drop in homicides last year, the city’s homicides spiked under Keller despite his policies. Following are the raw numbers of homicide from the 8 years since Keller became Mayor in 2017:

2017: 70 homicides
2018: 69 homicides
2019: 80 homicides
2020: 78 homicides
2021: 110 homicides
2022: 120 homicides
2023: 93 homicides
2024: 89 homicide

(https://www.kob.com/news/top-news/albuquerque-police-investigated-89-homicide-cases-with-96-victims-in-2024/)

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

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.

DECLARING VIOLENT CRIME “PUBLIC HEALTH” ISSUE

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

“VIOLENCE INTERVENTION PLAN” (VIP Program)

On November 22, 2019 Mayor Tim Keller announced 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.

METRO 15 OPERATION

On Tuesday, November 26, 2019. Mayor Tim Keller announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. Keller dubbed the new program “Metro 15 Operation” and is part of the Violence Intervention Program (VIP) program. According to Keller the new program was to target the top 15 most violent offenders in Albuquerque.

Notwithstanding Keller’s 4 programs he announced, homicides continued to spike and the 4 programs have had little to no effect on reducing the cities homicide rates.

MAJOR CITIES CHIEF’S VIOLENT CRIME SURVEY

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

APD RANKS NUMBER ONE IN POLICE KILLINGS OF CITIZENS

APD ranks number one in police killings of citizens in the top 50 largest cities in the country. On April 10, 2024 the on line news publication Searchlight New Mexico published a story researched and written by its staff reporter Josh Bowling. The Search Light New Mexico article contains a horizontal graph listing the 50 largest cities in the United States. According to the graph, among the 50 largest cities, Albuquerque Police killed people at the highest rate than all the other city police departments in 2023 at the rate of 10.6 per 1 Million population. It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

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

The link to read the full, unedited Searchlight New Mexico article entitled “Can the Albuquerque Police Department ever be reformed?” with photos and graphs is here:

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

APD’S LARGEST BRIBERY AND CORRUPTION SCANDAL

Then there is the largest bribery and corruption case in APD’s history with 15 APD Officers implicated and 4 who have been federally charged and who have plead guilty to federal bribery and conspiracy charges involving the dismissal of hundreds of DWI cases for bribes. The District Attorney thus far has had to dismiss 260 DWI cases which were brought by APD Officers who accepted bribes and whose credibility became an issue. The former APD officers face up to 130 years in prison. Both Keller and Chief Medina have failed to take any responsibility for what happened under their watch as they deflect and blame others. They both have blamed the Court’s, the DAs Office and the Public Defenders for the DWI dismissals.

CITIZEN SATISFACTION SURVEY REFLECTS VOTER DISATISFACTION WITH APD

Simply put, the general public has lost all faith in APD and Mayor Keller and Chief Medina bear much of the responsibility for that lost faith.

On April 16, 2024 the results of the annual City of Albuquerque Citizen Satisfaction Survey were released, and they are a poor reflection of Mayor Keller’s and Chief Medina’s leadership. The following are highlights of the survey:

A majority of city residents were found to be concerned about the direction of Albuquerque. When asked how they feel about the direction Albuquerque is going in 2024, 31% of surveyed say they are hopeful about the direction of Albuquerque, while 63% report feeling concerned.

The Survey found that city residents are very critical of the job the Albuquerque Police Department is doing:

“The majority of city residents DISAGREE that APD is doing a good job addressing violent crime with 39% agreeing it is doing good job and 56% disagreeing they are doing a good job.

The majority of city residents DISAGREE that the APD is doing a good job addressing property crime with 35% agreeing APD is doing a good job and 60% disagreeing they are doing a good job.

A slight majority of city residents DISAGREE that “the Albuquerque Police Department is ready to transition away from oversight by the federal government and operate on its own” with 39% agreeing APD is ready to transition away from federal oversight and 51% disagreeing APD is ready to transition away from federal oversight.

In addition to disagreeing with the positive APD statements, most city residents disagree that “The Albuquerque City Government is responsive to our community needs” with 35% agreeing that the Albuquerque City Government is responsive to community needs and 61% disagreeing Albuquerque City Government is responsive to community needs.

The link to review the entire unedited survey report is here:

https://www.cabq.gov/progress/documents/albuquerque-yearly-survey-2023.pdf

KELLER’S NETWORK OF HOMELESS SHELTERS NO REAL SOLUTION

The Gibson Gateway shelter
The Gateway West shelter
The Family Gateway shelter
The Youth Homeless shelter
The Recovery Shelter

The blunt reality is that Mayor Keller has essentially proclaimed the unhoused as “wards of the city” when such a responsibility should be undertaken by the state or federal government.

The recent annual Point-In-Time homeless survey count found an 18% increase in the homeless with upwards of 3,000 chronic homeless in the city. It was reported 75% refuse city services preferring to be left alone to continue living on the streets. Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike as the crisis worsens and as the unhoused refuse services and as they take over our streets and parks.

The $300 million spent to help 3,000 to 5,000 homeless with 75% refusing services would have gone a long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.

Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrant laws and make arrests as allowed by a United States Supreme Court ruling. Keller allowed Coronado Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who sanctioned it and then he was forced to close it down because of out-of-control violent crime and illicit drug use.

CIVIL MENTAL HEALTH COMMITMENTS VIABLE SOLUTION

Upwards of 75% of the city’s unhoused self report that they are suffering from mental illness and drug addiction that pose a serious threat to their own safety or the safety of others. Rather than emphasizing temporary housing as Mayor Keller has done with his integrated shelter program, the city should take steps to implement a “civil mental health commitment” program to deal with the unhoused who are suffering from mental illness and drug addiction to get them the treatment and care they need and get them off the streets.

KELLER’S FAILED “ABQ HOUSING FORWARD PLAN”

Keller’s “ABQ Housing Forward Plan” to increase affordable housing was nothing more than a politcal rues relying on the city’s housing shortage where he boldly claimed the city has an immediate need for 30,000 new units. His original announced goal was for the city to have 5,000 additional affordable housing units to be added to the market by 2025 but he fell short by 3,000.

Keller pushed mandating “safe outdoor spaces” approved exclusively by the planning department for the unhoused in all 9 city council districts over objections of neighborhoods. Keller wanted to double or triple the city’s density by allowing casitas and duplex development in existing neighborhoods by eliminating the rights of appeal by objecting neighborhood associations and adjoining property owners.

Keller’s “Housing Forward Plan” makes gentrification an official city policy that caters to developers and the NAIOP crowd at the expense of neighborhoods and property rights. It will not increase affordable housing. It will allow developers and investors to destroy existing neighborhoods for the sake of making a development buck and increasing density in established neighborhoods and destroying their original character.

Keller also supports recent amendments to the city’s zoning laws known as the Integrated Development Ordinance (IDO). Those changes reduce or totally eliminate Neighborhood Associations and adjoining property owners’ rights of standing to appeal developments. In the limited instances where they can appeal a development and they lose the appeal, the changes require them to pay the attorney’s fees of the defending developer when before both sides would assume their own attorney fees and costs.

KELLER’S FAILURE TO HOLD CHIEF MEDINA ACCOUNTABLE

Keller has also refused to hold Chief Medina accountable for a vehicle crash where Medina negligently plowed into another driver putting the driver in the hospital in critical condition. Medina admitted to violating state law when he failed to have his body camera on during an incident that preceded the crash.

After the crash, Keller called Medina “arguably the most important person right now in these times in our city.” Medina’s appointed crash review board declared the crash as “non avoidable” even after Medina admitted to causing the crash. Medina was given a slap on the wrist with letters of reprimand. The City and Medina have been sued by the other driver and the case is still pending and will likely result in a significant judgement being paid for Medina’s negligent driving and his running of a red light.

On March 27, APD Chief Harold Medina was interviewed by KOB Reporter Giuli Frendak and he made it know for a third time he wants to continue being Chief if Mayor Keller is elected to another 4 year term. It is more likely than not that Medina saying he was going to retire in December 2025 was nothing more than a politcal ploy or politcal diversion tactic to take the pressure off to having him removed. He made the announcement of retirement plans at the height of controversy and efforts by the city council to remove him. Now that things have died down tremendously, Medina is banking on people forgetting what happened and forgetting all of his controversies and now he feels he might as well go forward and not retire.

Mayor Keller for his part has never said if he intends to ask Medina to step down nor retire should he win a third term. The truth is Keller and Medina are tied to the hip, Medina wants to stay and Medina will likely continue to be APD Chief if Keller is elected to a third term. Mayor Keller’s unwavering, totally blind loyalty to Chief Harold Medina is unquestioned and has been the subject of great speculation as to why he keeps Medina despite all the controversy that swirls around Chief Medina.

Links to relied upon and quoted new sources

https://www.kob.com/news/top-news/apd-chief-harold-medina-uncertain-about-retiring-in-dec

MORE QUALIFIED CANDIDATES NEED TO BE RECRUITED TO RUN

Voters can and must do better than Tim Keller and those running against him. The city will do better with a new Mayor but that will happen only if other more qualified candidates who can mount a successful campaign are recruited to run.

The business community, civic organizations, neighborhood associations and concerned citizens in general should go out of their way do what they can to recruit qualified candidates to run. Otherwise, we will have another 4 years of disastrous policies, either under Keller or one of the others now running, and we will only have ourselves to blame.

The exploration period for Mayor began on March 3, 2025 and ends on April 19, 2025. Hopefully, better qualified candidates will emerge. The 2025 municipal election is Tuesday, November 4, 2024.

__________________________________________

POSTSCRIPT

The links to the City Clerks web pages giving candidate information, candidate calendar, candidate training, candidate information forms and qualifying periods are as follows:

https://www.cabq.gov/vote/election-information

https://www.cabq.gov/vote/election-information/voter-information

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

https://www.cabq.gov/vote/candidate-information/candidate-calendar-for-the-2025-regular-local-election

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

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

https://www.cabq.gov/vote/candidate-information/campaign-forms

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

https://www.cabq.gov/vote/training-videos

https://www.cabq.gov/vote/information-for-measure-finance-committees

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

https://www.cabq.gov/clerk/ethics-1/board-of-ethics

Governor Signs CYFD Oversight Bill In Anger; Governor Lashes Out Lawmakers For “Posturing And Grandstanding” and Attorney General; CYFD Oversight Long Overdue

Posted on March 31, 2025 by

On Friday, March 21, the day before the 2025 New Mexico Legislature session ended, Gov. Michelle Lujan Grisham signed into law House Bill 5 which creates the new Office of the Child Advocate within the state Department of Justice. The office will commence operation in July. The Director of the office will be appointed by the governor but will be subject to Senate confirmation.

Before signing the legislation into law, the Governor gave a blistering broadside accusing lawmakers of “posturing and grandstanding” in their handling of bills related to New Mexico’s Children, Youth and Families Department. The governor worked with senators to make changes to the legislation after it had passed the House earlier this month without a single “no” vote.

Governor Lujan Grisham blasted lawmakers and Attorney General Raúl Torrez for pushing the bill in what she described as a political vendetta. The original draft of the l allowed the attorney general’s office power to bring civil litigation against CYFD employees who may be involved in misconduct. That provision was taken out in order for the bill to pass.

In her executive message to lawmakers, the Governor said this:

“Make no mistake about it, this bill was not designed to protect children. … It was a thinly-disguised vendetta by a Legislature that is still upset at my continuing pursuits on meaningful criminal justice legislation in New Mexico and an attorney general who has failed to demonstrate that public safety is a priority in any meaningful way.”

Lujan Grisham’s message also made note of an earlier version of the law that would have allowed the Attorney General “to engage in civil litigation against CYFD and its employees”. The Governor said this in part:

“I find it disturbing that the individual who refers to himself as ‘the chief legal counsel and advisor to the executive branch of state government including all executive department’ literally lobbied for authority to bring legal action against the very people he purports to be ‘counsel and advisor’ to and did not appreciate the obvious conflict of interest that would have created.

…

“I would also like to take a moment of personal privilege to say that I am deeply disturbed by the legislature’s gleeful condemnation of CYFD. These same legislators insulted social workers, foster families, and case managers. People that literally spend their days trying their best to do good work for our children to keep them safe and give them the supports they need. The irony that the same individuals that literally refuse to fully fund the agency to hire enough staff then criticize their vacancy rates and unmanageable workloads.

“Despite these issues, I have signed HB 5.”

In response, Lauren Rodriguez, the Department of Justice Chief of Staff for Attorney General Raul Torrez, issued a statement and said this:

“While we are encouraged by HB5 becoming law, we are deeply disappointed that the Governor chose to center the discussion around herself and her inner circle. The focus of this bill should have remained squarely on the children who suffer from neglect, abuse, and systemic failures. Nowhere in the Governor’s statement is there acknowledgment of their struggles or the urgent need for reform. I believe leadership means prioritizing the people we serve, not engaging in personal grievances.”

Attorney General Raul Torrez for his part said he did not know Lujan Grisham was going to write the letter, saying he and Lujan Grisham do not have “a necessarily strong relationship” right now.

House Speaker Javier Martínez, D-Albuquerque, said the CYFD oversight bill was not motivated by political reasons.

“It’s not good practice for us to tailor our policymaking to fit the vision or the view of any particular governor. … It is our job to pass good legislation.”

New Mexico Child First Network Executive Director Maralyn Beck said this about the Governor’s opposition:

“The governor has not been supportive of this office [new Office of the Child Advocate] and, for years, the reason this bill has died is because of her pushback. … She has openly and vocally opposed this office in the past few weeks.“

Lujan Grisham has staunchly opposed any and all efforts to increase outside oversight of CYFD. Instead, the Governor ordered the creation of a new advisory council within CYFD. During this year’s 60-day session, the Governor urged lawmakers to pass a separate bill that would have created a nine-member child protection authority attached to the Regulation and Licensing Department, an agency run by a Lujan Grisham appointee. The bill went nowhere and languished in a Senate committee without a single vote.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/governor-sharply-criticizes-ag-torrez-and-lawmakers-over-cyfd-reform/64258831

https://sourcenm.com/2025/03/21/ag-excoriates-governor-over-message-on-house-bill-5/

https://www.abqjournal.com/news/article_53546ff5-5a33-45f7-959f-a32ae027db7a.html

YEARS OF SCRUTINY AND LITIGATION

CYFD has faced years of scrutiny and litigation over issues with child placements, mental health care, and dangerous situations involving the care of children placed in its custody. New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%. The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.

In the run-up to this year’s session, lawmakers expressed increasing frustration and anger about the direction of the agency after a string of recent child abuse cases. After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, joined top House Republicans this year in calling for change at CYFD.

On January 29, 2025, it was reported that CYFD is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care. (See Postscript below for more on class action lawsuit.)

New Mexico legislators have tried repeatedly to reform the department by increasing outside oversight of the agency. Governor Michelle Lujan Grisham for her part has opposed all past efforts to increase outside oversight. Instead, she ordered the creation of a new advisory council and office of innovation within CYFD.

Sara Crecca, an Albuquerque attorney who has represented children in CYFD custody for more than 20 years, said she has never seen the agency in its current level of “disrepair.” Crecca said she’s hopeful the bill will help children around the state if it’s signed into law. Crecca said this:

“The office of the child advocate will empower them, their parents and their foster parents in their battle for basic care in our broken child welfare system.”

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_2a8a706e-0034-11f0-ae44-fbe74fb414fc.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_9171ff06-0127-11f0-8d55-03d545475618.html#tncms-source=home-featured-7-block

INDEPENDENT OFFICE OF THE CHILD ADVOCATE

House Bill 5 creates an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

The OCA will also review CYFD’s policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To’hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).

The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor’s office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico’s children.

On Friday March 14 , the New Mexico Senate voted to approve House Bill 5 on a 28-13 voted but only after adding an amendment offered by Sen. Katy Duhigg, D-Albuquerque, aimed at avoiding conflicts of interest as child well-being investigations are carried out. The amendment to the bill was added to avert a potential veto showdown with Gov. Michelle Lujan Grisham. House Bill 5 as amended was adopted by the House.

COMMENTARY AND ANALYSIS

It’s extremely disappointing that Governor Michelle Lujan Grisham would lash out like and admonish the legislature for doing its job in implementing an independent oversight agency of the Children, Youth and Family Department.

It was totally appropriate for the Governor to oppose Attorney General Raul Torrez efforts “to bring legal action against the very people he purports to be ‘counsel and advisor’ suggesting accurately he did not appreciate the obvious conflict of interest that would have created. Governor Lujan Grisham lobbied successfully for removal of the conflict and was able to secure changes to the bill which eliminated the AG. It should have satisfied her concerns. Instead, she chose to lash out in anger. Her broad side of the legislature was beneath the dignity of her office.

The Office of Child Advocate is designed to receive and investigate complaints related to children’s services at CYFD and state agencies, and to at ensure their resolution, and to inform the public, legislature, and Governor about opportunities for improvement. Simply put, the Governor and her administration have been a complete failure during the last 7 years in dealing with crisis and crisis after crisis. The legislature had enough and reacted appropriately.

APD Chief Harold Medina Makes Yet Another Play To Hold On As Chief If Mayor Keller Elected To Third Term; Medina Is Albatross Around Keller’s Neck As He Seeks A Third Term; Medina Should Resign Now

Posted on March 28, 2025 by

On March 27, APD Chief Harold Medina was interviewed by KOB Reporter Giuli Frendak about what he considered were the wins and losses of the 2025 legislative session. Towards the end of the interview, Medina revealed for the third time that he is uncertain about retiring at the end of 2025 as he has said at the height of controversy.

Following is the full KOB 4 report:

“KOB 4 learned a little more about Albuquerque Police Chief Harold Medina’s retirement plans. In the past, he told us he was looking to step down in December. But now, he’s saying he is not so sure.

KOB Reporter Giuli Frendak: “Based on the timeline that you’ve told me personally before, this was your last session [of the New Mexico Legislatire] as chief?”

APD Chief Harold Medina: “You never know. You just don’t know what the future is going to bring. I mean, there’s so many unknowns, you know, we have a mayor’s race in the fall. I’m very happy with the structure I have now. I don’t know if I’d want to work for another mayor. Mayor Keller has let me run the police department, and regardless of what anybody says out there, crime is down, recruiting is up.”

Medina started his police career in 1995, and became APD chief in 2021.

Links to relied upon and quoted new sources

https://www.kob.com/news/top-news/apd-chief-harold-medina-uncertain-about-retiring-in-dec

https://www.kob.com/news/top-news/apd-chief-weighs-in-on-changes-after-legislative-session/

NOT THE FIRST TIME MEDIANA BACK TRACKS ON RETIREMENT

In November, 2024, Mayor Tim Keller told the Albuquerque Journal that APD Chief Harold Medina would likely retire in December 2025, though Medina wasn’t present for that interview.

On December 5, 2024, APD Chief Harold Medina and Mayor Tim Keller sat down with the Albuquerque Journal editorial board in a hastily scheduled joint interview. Chief Medina disclosed he was considering not retiring as APD Chief at the end of December 2025 when Mayor Tim Keller’s second term ends.

Medina told the Journal this:

“There are a lot of things I want to finish accomplishing. … I want [to make] this clear — I still have a passion for this job. … I still love this job every day. … I put 30 years into this department, and if there is a strong transition for me to [retire], then yes, [I will] … I need to see where the department is. There’s so many unknowns.”

Mayor Keller said that upon Medina’s eventual departure the city has a “great pool” of potential APD Chief successors to pull from whenever needed, no matter who the mayor is. Keller pointed out that he has been through multiple chief searches and “it’s not good governance to not think about transition.” Keller put it this way:

“I’m very prepared to walk through that and lead the department through an interim transition.”

Keller said Medina has built “a great bench” to replace him, including APD Deputy Chief Cecily Barker for whom Medina voiced support for becoming the next APD chief. APD has never had a female police chief, and confidential sources are saying Keller is champing at the bit to appoint the first female APD Chief of Police.

https://www.abqjournal.com/news/article_2ef10a30-b36f-11ef-8eee-2f6e01287078.html#tncms-source=home-featured-7-block

RECALLING HOW AND WHEN MEDINA BECAME CHIEF

Harold Medina is the second Chief of Police appointed by Mayor Keller. Former APD Chief Michael Geier was appointed Chief of Police by Mayor Keller in 2017 within one month after Keller was elected Mayor. It was Chief Geier who recruited Medina to return to APD as a Deputy Chief of Field Services. Former APD Chief Geier was forced to retire on September 10, 2020, some would say terminated, by Mayor Tim Keller and replaced him with APD Chief Harold Medina. A few days after Geier “retired” it was revealed that Geier was indeed forced out by Mayor Tim Keller. Chief Geier was summoned to a city park by Mayor Tim Keller, who was in disguise, during the Labor Day Holiday weekend where Geier was told that his services were no longer needed. It was also revealed then First Deputy Chief Harold Medina helped orchestra Geier’s removal. He did so with the help of then CAO Sarita Nair. Medina became insubordinate to Geier and learning Geier was going to take disciplinary action against him and demote and transfer him, Medina struck back and orchestrated Geier’s removal.

A YEAR OF APD SCANDAL AND MEDINA PERSONAL CONTROVERSY

APD Chief Medina’s announcement that he wants to stay on after December 31 comes after a year of an APD corruption scandal and Chief Medina violating standard operating procedures and being given preferential treatment by APD and Mayor Keller. APD is under an ongoing investigation by the FBI for alleged corruption related to APD officers’ dismissing DWIs for briberies. In February, Medina crashed a department truck into a vintage Mustang while fleeing gunfire near the International District and placing a man in critical condition. Medina was given letters of reprimanded by the Internal Affairs Division, which he assigns personnel, for his handling of the crash, notably for not turning on his lapel camera and violating APD policies and procedures.

CITY COUNCIL EFFORTS TO REMOVE MEDINA

In 2024, there were 3 attempts by the Albuquerque City Council calling for a “vote of no confidence” in Chief Medina and calling for his termination. The most serious attempt was on February 14 when Westside City Councilor Louie Sanchez announced the introduction of a Resolution entitled “REMOVING POLICE CHIEF HAROLD MEDINA FOR FAILURE TO LEAD THE ALBUQUERQUE POLICE DEPARTMENT”. The Resolution identifies numerous and specific instances of mismanagement of APD by Chief Harold Medina.

It was in April, 2024 that APD Chief Harold Medina made it known to APD personnel that he intended to retire in December 2025. He did so at a time when the Albuquerque City Council was about to vote on City Council Resolution to remove and terminate him for cause. Prior to the City Council meeting APD Chief Medina ordered all APD sworn and civilian staff to attend personnel meetings where he discussed the “No Confidence Resolution”, the APD bribery and conspiracy scandal to dismiss DWI cases and his February 17 car crash. All the meetings were held at the APD academy. According to sources, 4 meetings were ordered.

KOAT TV Target 7 obtained audio recordings of one of the meetings where Chief Harold Medina talked about the investigations into himself and the department. During the meeting Chief Medina made highly critical remarks of the city council’s attempts to remove him as Chief. He tells the assembled officers and civilian employees and makes it very clear he has no intent of going anywhere and will remain Chief.

Chief Medina severely criticized the city council, which was scheduled to take a vote of no confidence later that week, saying he would be fine because he had plans to retire soon. Medina told those assembled:

“Am I pissed? Yes, I am pissed. But you know what? I’m fine. I’ll go through that tomorrow. I have my plan. They have their plan. We will play this game until December 2025, when I decide to retire.”

On April 3, the resolution was withdrawn, and no vote was ever taken by the city council.

https://www.koat.com/article/albuquerque-police-chief-recorded-lets-appease-everyone-crash-investigation/60473617

APD BRIBERY AND CONSPIRACY SCANDAL TO DISMISS DWI CASES

It was on Friday, January 19 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and 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. Bernalillo County District Attorney Sam Bregman ordered the dismissal of 260 DWI cases over the last year because of the scandal and due to APD officers credibility being called into question.

The DWI bribery scandal to dismiss DWI cases is the largest corruption case in APD’s history. The corruption score card thus far is as follows:

Eighteen law enforcement officers consisting of fourteen APD Officers, three BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
Four APD officers and one BCSO Deputy have plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face 20 years or between 70 to 130 years in prison.
Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.

Mayor Keller and Chief Medina made more than a few stunning admissions throughout this sordid APD corruption scandal. They have admitted that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire 7 years they have been in charge of APD, but they never detected what was going on. Both admitted that only after they found out the FBI was investigating APD the decision was made to initiate a city APD criminal and internal affairs investigation as they proclaimed cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD was first given a complaint relating to the department’s DWI unit in December 2022, yet Medina waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption.

Keller and Medina both looked the other way on documented APD corruption involving overtime pay abuses by APD police officers. There have been seven audits in 8 years documenting the corruption, waste, fraud and abuse in police overtime. One of those audits was done by none other than then New Mexico State Auditor Tim Keller.

MEDINA’S CAR CRASH

On February 17 APD Chief Harold Medina and his wife were in a city unmarked APD truck on their way to a press conference with Mayor Tim Keller. Medina decided to stop and call APD to clear a homeless encampment. Medina witnessed two people fighting, a gun was pulled and pointed at Medina’s APD issued vehicle and a shot was fired.

In response Medina fled from the scene and drove through a red light and he T-boned a gold 1966 Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Chief Medina admitted he ran a red light. Medina admitted that he intentionally did not have his lapel camera on and for that reason referred himself to the Superintendent of Police reform for and Internal Affairs Investigation. Medina and his wife were unharmed.

On February 17 during a news conference after the crash, Mayor Tim Keller reacted by heaping highly questionable claims and praises on Chief Medina and he said in part:

“This is actually [Chief Medina] … disrupting an altercation, a shooting, trying to do what’s right. [His actions were] above and beyond what you expect from a chief, and I’m grateful for Harold Medina. … [Chief Medina is] arguably the most important person right now in these times in our city.”

Keller made no mention of the injured victim of the car crash.

A full week after the crash, Mayor Keller said in an interview that the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.” Keller made no mention of the serious injuries inflicted on Todd Perchert.

On Tuesday, February 20, Chief Medina did a “special edition” of his Chief’s Corner to discuss the February 17 car crash with APD personnel. Medina said this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said on the video he thought the oncoming gold Mustang would pass through intersection before he got there. Medina said in his video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

Medina admitted he was the one responsible for the crash. He admitted he ran a red light and that he did not have the right of way, yet he said he “was the victim of this traffic accident.” Medina also admitted as before he did not have his body camera on at the time of the crash.

Chief Medina admitted that his wife has not been certified for police ride along with him. Medina asserted that the police ride along policy has been relaxed by Mayor Keller where ride along permission forms to allow relatives to ride along with patrol officers and for personal use are no longer required, yet the original written policy has never been changed.

On February 21, APD released a surveillance video. It shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the Mustang. The surveillance video reveals major falsehoods in Chief Medina’s version of events that he gave in his “Chief’s Corner” video statement. The intersection was not clear as Medina claimed.

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.

APD Chief Harold Medina could have totally 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 have had the immediate effect of driving the vehicle out of the line of fire with a motel building providing obstruction.

On July 18, the city announced the results of internal affairs investigation and disciplinary review of APD Chief Harold Medina for the February 17 car crash. Chief Medina was issued two “letters of reprimand” by Superintendent of Police Reform Eric Garcia. Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by state law. The letters of reprimand were placed in Medina’s personnel file and no other disciplinary action was taken. Medina was disciplined one other time in 2006 and given a written reprimand. The 2006 reprimand was also issued by then Lieutenant Eric Garcia who was Medina’s supervisor at the time.

Chief Medina should have been investigated by another law enforcement agency, such as the Bernalillo County Sheriff or State Police, and he could have been charged with reckless driving. Medina could have been terminated “for cause” for the violations of APD’s Standard Operating procedures, something Medina himself has done with officers under his command who have failed to follow APD policy and procedures. Instead, Medina was given slap on the wrist and preferential treatment by his own department. Mayor Keller refused to hold Chief Medina accountable for his conduct as he heaped questionable praises on the Chief.

CIVIL LAWSUIT FOR PERSONAL INJURY FILED AGAINST MEDINA AND CITY

On August 26, Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the City of Albuquerque and APD Chief Harold Medina. The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing.

Plaintiff Todd Perchert is seeking damages for the following personal injuries sustained in the car crash:

Broken collarbone and shoulder blade
8 broken ribs (Reconstructed with titanium plates after surgery)
Collapsed lung
Lacerations to left ear and head
Multiple gashes to face
Seven-hour surgery
Hospitalized with an epidural painkiller and chest tube for nearly a week
On going pain and suffering affecting quality of life

With all of the public admissions of liability and admissions against interest made by Chief Medina, it is likely that the case will result in an astonishing large judgement or settlement paid to Todd Perchert and his wife by the City because of Chief Medina’s actions.

KELLER ANNOUNCES RUNNING FOR THIRD TERM

On Tuesday, March 18, 2025, KOAT’s Faith Egbuonu spoke with Mayor Keller in a remarkable extended one-on-one “sit down interview” on why he is running for a third term. One question asked of Keller was if he intended to replace APD Chief Harold Medina if he is elected to a third term. Following is the question and answer:

REPORTER EGBUONU: Is there still possibility of a new police chief still? You’ve answered this in so many ways, but I also feel like the idea is still being toyed with. Is it official that if you are re-elected, you are getting a new police chief?

MAYOR KELLER:

“I know that with another term, you always get a wonderful gift, and the gift is you have your team that got you there and that you’ve had before, and then you have time to actually bring in fresh folks and also to build for the longer term, and we’re positioned for that right now at the police department.

There’s a wonderful bench strength there, and we know that we’re going to need new leadership, and that’s something that I’ve been through before, and I think that’s something that we can make smooth, and also we’re not starting from ground zero. We know folks who know the job and know what to do and they’ll be good candidates and so it’s something that I expect to actually be really beneficial for everyone.

If you look at the deputy chiefs, that’s an obvious place to look, and we have some excellent deputy chiefs, and so that’s the first place I’d look at. Certainly, you want to look outside the department. I think you owe it to the community to do that. But particularly because of the positive changes because APD has been rebuilt and reinvigorated by this leadership team, you’ve got to look to that team in the first place, and so that’s the first place I’d look at.”

Click here to review the entire interview:

https://www.koat.com/article/mayor-tim-keller-albuquerque-reelection/64224388

COMMENTARY AND ANALYSIS

It should come as absolutely no surprise that Chief Harold Medina is again making it know he wants to continue being Chief if Mayor Keller is elected to another 4 year term. It is more likely than not that Medina saying he was going to retire in December 2025 was nothing more than a politcal ploy or politcal diversion tactic to take the pressure off to having him removed. He made the announcement of retirement plans at the height of controversy and efforts by the city council to remove him. Now that things have died down tremendously, Medina is banking on people forgetting what happened and forgetting all of his controversies and now he feels he might as well go forward and not retire.

Mayor Tim Keller in his March 18 extended interview with KOAT TV failed to state in no uncertain terms if he is elected to a third term that he will ask APD Chief Harold Medina to step aside and replace him with a new chief. The truth is Keller and Medina are tied to the hip, Medina wants to stay and Medina will likely continue to be Chief if Keller is elected to a third term. Mayor Keller’s unwavering, totally blind loyalty to Chief Harold Medina is unquestioned and has been the subject of great speculation as to why he keeps Medina despite all the controversy that swirls around Chief Medina.

Keller refused to hold Chief Medina accountable for a vehicle crash where Medina negligently plowed into another driver putting the driver in the hospital in critical condition. Medina admitted to violating state law when he failed to have his body camera on during an incident that preceded the crash. After the crash, Keller called Medina “arguably the most important person right now in these times in our city.” Medina’s appointed crash review board declared the crash as “non avoidable” even after Medina admitted to causing the crash.

All candidates running against Keller would be major fools not to make Medina an issue in the 2025 Mayors race. Despite what Mayor Tim Keller and Chief Medina may say and think, Chief Medina is a major liability to Keller and will be an albatross round Keller’s neck as he seeks a third term.

Medina does not have the confidence of the general public, let alone the rank and file of APD. Confidential sources within APD are saying morale is so bad within APD because of Medina and his management style and team that there will be upwards of 100 retirements of sworn police in 2025. The number of current APD sworn personnel is roughly 850 sworn police and so many retirements will be a crisis.

In his KOAT TV extended interview Mayor Keller said this:

When I came in, what we saw was a department that was literally falling off a cliff. It was in terrible shape. We had officers leaving in droves.

APD did fall off the cliff under Keller’s and Medina’s leadership. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as the Albuquerque Police Department with the department still dangerously understaffed at about 750 to 800 cops despite seven years of increased budgets, salary increases and lucrative bonus pay. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

Seven years ago when Keller first ran and became Mayor, he proclaimed violent crime was out of control, that he could get it down and that he would increase APD sworn from the 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at 750 sworn officers. The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. APD ranks number one in police killings of citizens in the top 50 largest cities in the country.

Then there is the largest bribery and corruption case in APD’s history with 14 APD Officers implicated and 3 who have been federally charged and who have plead guilty to federal bribery and conspiracy charges involving the dismissal of hundreds of DWI cases for bribes. The former APD officers face up to 130 years in prison. Both Keller and Chief Medina have failed to take any responsibility for what happened under their watch as they deflect and blame others. They both have blamed the Court’s, the DAs Office and the Public Defenders for the DWI dismissals.

CITIZEN SATISFACTION SURVEY REFLECTS VOTER DISATISFACTION WITH APD

Simply put, the general public has lost all faith in APD and Mayor Keller and Chief Medina bear much of the responsibility for that lost faith.

The Survey found that city residents are very critical of the job the Albuquerque Police Department is doing:

“The majority of city residents DISAGREE that APD is doing a good job addressing violent crime with 39% agreeing it is doing good job and 56% disagreeing they are doing a good job.

The majority of city residents DISAGREE that the APD is doing a good job addressing property crime with 35% agreeing APD is doing a good job and 60% disagreeing they are doing a good job.

The link to review the entire unedited survey report is here:

https://www.cabq.gov/progress/documents/albuquerque-yearly-survey-2023.pdf

CONCLUSION

Chief Medina exhibited a tremendous degree of sure smugness, arrogance and a sense of entitlement to the job when he said this as he smiled:

“You never know. You just don’t know what the future is going to bring. I mean, there’s so many unknowns, you know, we have a mayor’s race in the fall. I’m very happy with the structure I have now. I don’t know if I’d want to work for another mayor. … ”

The blunt truth is that it’s very doubtful any other Mayor will want to keep Medina as Chief.

One thing that can be guaranteed as a certainty is that APD Chief Harold Medina will be a major issue and a liability for Keller in the 2025 Mayor’s race because of all the scandal and corruption that swirls around APD and Medina himself.

If Medina wants to help Mayor Keller get elected, he would step down immediately so as not to jeopardize Keller’s re-election chances. But that will never happen because Harold Medina is too self-centered and too greedy to think of anyone but himself.

If Keller loses, Medina will just retire and get his vested pension of up to $200,000 a year for the rest of his life.

APD Fires One Commander, One Lieutenant As One Sergeant Resigns; All 3 Implicated In Largest Law Enforcement Corruption Scandal In History To Accept Bribes To Get DWI Cases Dismissed; Score Card Of Who Implicated, Who Have Plead Guilty

Posted on March 26, 2025 by

On Tuesday March 26, the Albuquerque Police Department (APD) announced it has fired one commander, one lieutenant and that one sergeant has resigned with all three implicated in the federal DWI Enterprise to accept bribes from DWI criminal defense attorney Thomas Clear and his investigator Ricardo “Rick” Mendes to secure dismissal of DWI cases.

APD announced it has fired Deputy Commander Gustavo Gomez, who was placed on leave on October 16, 2024 and Lieutenant Matthew Chavez who was placed on leave January 24, 2025. They were both placed on leave after they were targeted in the federal investigation in which officers took bribes to get DWI cases dismissed. APD spokesman Gilbert Gallegos said Deputy Commander Gustavo Gomez and Lieutenant Matthew Chavez were fired for violating policies “related to the DWI investigation” but Gallegos declined to elaborate on the specifics of the violations.

APD announced that Sergeant Lucas Perez has resigned. It was on March 24, APD announced it had placed Sergeant Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez was placed on leave after APD officials were notified by the New Mexico U.S. Attorney’s Office that Perez, a former DWI unit sergeant, was under scrutiny as part of the FBI’s continuing investigation into what they refer to as the DWI Enterprise. Federal prosecutors identified Perez as one of those under criminal investigation whose credibility could be challenged if asked to testify in court on other cases. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

All three had previously been in the DWI unit and were placed on paid leave in the past year. None of the three have been charged criminally in the FBI’s ongoing investigation.

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/albuquerque-dwi-officers-fired/64290852

https://www.kob.com/new-mexico/albuquerque-police-fires-two-more-officers-involved-in-dwi-deception-scandal/

https://www.abqjournal.com/news/article_ab198a9a-d039-41fa-8328-1b3cf4f91ba4.html#tncms-source=home-featured-7-block

FORMER LAW ENFORCEMENT WHO HAVE PLEAD GUILTY AS CHARGED

Thus far, four APD officers and one Bernalillo County Sheriff’s Office Deputy have pleaded guilty to taking bribes from defense attorney Thomas Clear III and paralegal Ricardo “Rick” Mendez to let their client’s DWI cases get dismissed. Those former law enforcement officers are:

On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
On February 7, former APD Officer Joshua Montaño, Montaño plead guilty as charge to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
On February 12, former APD Officer Neill Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery. ( February 12, 2025.)
On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison. (https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/fourth-former-apd-officer-admits-to-role-in-dwi-scheme/)
On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)

RING LEADERS PLEAD GUILTY AS CHARGED

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

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear admits in his Plea Agreement that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office. According to Clear’s plea agreement, prior to 2022, Clear and his para legal Ricardo “Rick” Mendez would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court.

On January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases. Mendez was arrested, plead guilty to all the charges and was released on his own recognizance. Mendez is facing 110 years in prison on the charges. State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.

15 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

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

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

TWO BERNALILLO COUNTY SHERRIFF DEPUTIES

On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)

On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen. (Articles: – named and resigned)

NEW MEXICO STATE POLICE

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

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

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

DWI CRIMINAL ENTERPRISE

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

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

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

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

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. They would also withheld evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would dismiss cases as a sanction against the prosecution.

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

COMMENTARY AND ANALYSIS

There is no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system to the core with law enforcement officers from the state’s three largest law enforcement agencies of APD, BCSO and NMSP being involved.

The only way that any semblance of faith will be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers and the lawyers involved in this scandal go to jail and thereby held accountable for what they have done

It is only a matter of time before others are implicated and those identified are charged.

One APD Cop Placed On Leave, One Former APD Cop Pleads Guity To One Count Conspiracy In Bribery Scheme To Dismiss DWI Cases; Attorney Thomas Clear Disbarred By Federal Judge; NM Supreme Court Suspends Attorney Rudolph “Rudy” Chavez; DWI Enterprise Corruption Score Card At A Glance

Posted on March 25, 2025 by

And the beat goes on with the largest law enforcement corruption case in the city’s history involving members of the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO) and the New Mexico State Police (NMSP) conspiring with and accepting bribes from local criminal defense Attorney Thomas Clear, III and his para legal Ricardo “Rick” Mendez to get DWI cases dismissed.

APD SEARGEANT PLACED ON LEAVE

On March 24, the Albuquerque Police Department (APD) announced it placed Sgt. Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez was placed on leave after APD officials were notified by the New Mexico U.S. Attorney’s Office that Perez, a former DWI unit sergeant, was under scrutiny as part of the FBI’s continuing investigation into what they refer to as the DWI Enterprise, the massive, 30-year conspiracy in which law enforcement accepted bribes to get DWI cases dismissed. Federal prosecutors identified Perez as one of those under criminal investigation whose credibility could be challenged if asked to testify in court on other cases. Perez has not been criminally charged. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

FORMER APD OFFICER NELSON ORTIZ PLEADS GUILTY

On March 24, former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal, becoming the fifth law enforcement officer (4 APD officers, 1 BCSO Officer) to plead guilty as charged and the 7^th person to plead guilty when you include Thomas Clear and Rick Mendez. Ortiz pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. According to the plea agreement, Ortiz worked with paralegal Ricardo “Rick” Mendez and Defense Attorney Thomas Clear III to get DWI cases dismissed in exchange for bribes between April 2020 and January 2024.

Ortiz’s specifically admits in his plea that he received cash payments of at least $500. He also admits that even after leaving the DWI unit, he continued to refer DWI suspects arrested by other APD officers to Mendez and Clear. In addition to getting cases dismissed, Ortiz admits he received a “referral fee” for helping recruit officers to join the “DWI Enterprise” and set up meetings for recruits with Rick Mendez and/or Thomas Clear. Ortiz told the federal authorities Mendez would also use his name to help recruits feel comfortable participating because he had risen through APD’s ranks to sergeant.

After learning of his connection to the “DWI Enterprise,” APD placed Ortiz on paid administrative leave. He then resigned in March 2024, just days after investigators with Internal Affairs tried to schedule an interview with him about the scheme. Nelson Ortiz was one of the first APD officers federal investigators named involved with the scheme.

On January 2, 2024, the U.S. Attorney requested Ortiz be added to the Bernalillo County District Attorney’s Giglio list, meaning he’s no longer a credible witness. As a result, the Bernalillo County District Attorney was forced to drop 17 of Ortiz’s pending cases. Ortiz faces up to 20 years in prison. Ortiz first joined APD in 2016 and served in APD’s DWI Unit in 2018 before joining the Motors Unit in 2021.

Nelson Ortiz’s case of pleading to one federal count carrying a sentence of 20 years is highly reduce when compared to the other plea agreements of former APD officers Honorio Alba Jr., Joshua Montaño, Neill Elsman, and Bernalillo County Sheriff’s Office Deputy Jeff Hammerel. The 4 plead guilty to multiple counts and face sentences from 70 to 130 years in prison.

Links to relied upon or quoted news sources are here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/fourth-former-apd-officer-admits-to-role-in-dwi-scheme/

https://www.koat.com/article/albuquerque-police-officer-guilty-dwi-scandal/64278097

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

https://www.abqjournal.com/article_f236baaa-366e-415c-af73-da108c28fa86.html

CHIEF U.S. DISTRICT JUDGE KENNETH GONZALES DISBARS THOMAS CLEAR III

On March 20, Chief U.S. District Judge Kenneth Gonzales issued a court order that permanently disbarred Thomas Clear III from practicing law in all federal courts in the United States. The court order filed in U.S. District Court by Judge Gonzales states in part:

“The Court subsequently notified Mr. Clear that it appears that disbarment is the appropriate discipline in this case due to the nature of Mr. Clear’s conduct.”

Federal District Judge Gonzales previously asked Clear to “Show Cause” as to why he shouldn’t be disbarred after he pleaded guilty to bribery, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. In response, Clear waived his right to a hearing on the matter and said he “does not object to being disbarred for the conduct set forth in his plea agreement.”

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion and admitting he was the primary principle behind the DWI Enterprise to pay bribes to law enforcement for the dismissal of DWI cases. Clear admitted to running the racketeering scheme for decades, bribing APD officers, BCSO Deputies and State Police Officers in order to have the cases dismissed. Four APD officers and one BCSO Deputy have admitted to taking bribes to miss hearings resulting in the cases being dismissed. Clear faces up to 130 years in prison and $2 million in fines. The New Mexico Supreme Court has also disbarred Clear from the practice of law

The link to the relied upon news source is here:

https://www.abqjournal.com/news/article_41a485fe-db9e-4ac1-bb63-887adfa3b1e4.html

NEW MEXICO SUPREME COURT SUSPENDS ATTORNEY RUDOLPH “RUDY” CHAVEZ

On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez over allegations linking him to the ongoing federal bribery and conspiracy case to dismiss DWI cases by Albuquerque Police, Bernalillo County Sheriff Deputies and State Police Officers. The court set an April 7 hearing to listen to oral arguments on a petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from the practice of law. Chavez has not been criminally charged.

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

DWI CRIMINAL ENTERPRISE

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.

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

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so as a sanction against the prosecution.

DWI ENTERPRISE CORRUPTION SCORE CARD

The corruption score card thus far is as follows:

Eighteen law enforcement officers consisting of fourteen APD Officers, three BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
Four APD officers and one BCSO Deputy have plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face 20 years or between 70 to 130 years in prison.
Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.
Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez has been temporarily suspended from the practice of law by the New Mexico Supreme Court.

COMMENTARY AND ANALYSIS

It is only a matter of time before others are implicated and those identified are charged.