On May 13, it was widely reported that Bernalillo County District Attorney’s Office has placed former Albuquerque Police Department Officer Steve Hindi on the “Giglio List.” The “Giglio” list is a public listing of law enforcement officers whose credibility is compromised and where evidence exists that could be used to impeach their credibility as a prosecution witness.  Hindi joins 16 other APD officers, 3 Bernalillo County Sheriff’s Office Deputies, and one New Mexico State Police Officer, whose credibility has now become suspect in DWI cases they handled and tied to the long-running criminal scheme known as the DWI Enterprise in which officers took bribes from DWI Defense Attorney Thomas Clear and his investigator Ricardo “Rick” Mendez to sabotage DWI cases.

At this point, Hindi has not been federally charged. Hindi worked on and off for APD starting in 1980. APD fired him in December 2015 after he tried to intimidate an investigator with the Civilian Police Oversight Agency over a complaint against him. Court records show that in the late 1990s and early 2000s, Hindi had more than 50 cases with defense attorney Thomas Clear III, who admitted to being the ringleader of the criminal scheme. Two-thirds of those cases were dismissed.

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/albuquerque-police-officer-fired-in-2016-now-tied-to-dwi-corruption-scandal/

https://www.krqe.com/news/newsfeed/officer-tied-to-dwi-scandal-trial-for-teen-murder-suspect-windier-weather-lawmaker-salaries-unm-grad-emmy-nominee/

https://www.kob.com/new-mexico/former-apd-officer-steve-hindi-added-to-brady-giglio-list/

NINETEEN LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED

A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III.  Fifteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

16 APD OFFICERS IMPLICATED,  CHARGED OR PLEAD GUILTY

During the past year, a total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 15 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024  Justin Hunt, who started at APD in 2000, resigned.
2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and  pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.October 16, Deputy
10. Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
14. 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.
15. On March 24, the Albuquerque Police Department (APD) announce it  has  placed Lucas Perezon 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.
16. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES

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

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

ONE MEXICO STATE POLICE

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave 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 public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

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

FIVE LAW ENFORCEMENT OFFICERS PLEAD GUILTY AS CHARGED

The five APD officers and one Bernalillo County Sheriff’s Office Deputy that have plead guilty to taking bribes are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
2. On February 7,  former APD Officer Joshua Montañoplead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, former APD Officer Neill Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. 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.)
5. 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.
6. On April 29, former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.

TWO LEADERS PLEAD GUILTY AS CHARGED

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

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

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

2,490 DWI CASES OVER 30 YEARS

On February 29, KOAT TV Target 7 filed the following report which has been edited by this blog:

Thomas Clear was the attorney of record for 2,490 DWI cases over 30 years. 15 APD officers accounted for nearly 100 DWI arrests connected to Clear, over the past five years.

Court records and law enforcement data reveals staggering numbers that suggest the DWI enterprise’s reach extends far beyond what was initially suspected.

• Over the past five years, 15 APD officers accounted for nearly 100 DWI arrests connected to Clear.
• Clear was the attorney of record for 2,490 DWI cases over 30 years.
• On average, he handled about 85 DWI cases per year.
• At least 150 people he represented were repeat offenders, arrested multiple times for DWI.
• Roughly 60% of Clear’s cases over the past five years were dismissed.

While the full scope remains unknown, federal investigators believe many more APD officers who worked in the DWI unit could have been involved at some point.

IMPACT ON LAW ENFORCEMENT AND PUBLIC SAFETY

The scandal could also affect current DWI enforcement efforts in Albuquerque. APD made 884 DWI arrests in 2024, a nearly 14% drop from the 1,026 arrests made in 2023. Some fear the scandal has left a chilling effect on officers, reducing proactive policing efforts.

Court documents indicate that the corruption may extend beyond those already charged. An FBI interview with Rick Mendez, a private investigator who worked for Clear, revealed claims that another attorney was involved in the scheme. Federal authorities have not disclosed the identity of this individual, but the investigation remains ongoing.

According to the New Mexico Regulations and Licensing Department, Mendez does not hold a license with the Private Investigations Advisory Board. Additionally, their records indicate there isn’t an individual with the name Ricardo “Rick” Mendez who has held a license with the board in the past.

INVESTIGATION OSTENSIBLY CONTINUES

The investigation into APD’s DWI unit  [ostensibly] continues, with prosecutors working to uncover the full extent of the enterprise. Multiple high-ranking officers have been linked to dismissed DWI cases connected to Clear but have yet to be named.

As the case unfolds, authorities warn that more arrests could be on the horizon. Prosecutors are expected to continue identifying those who participated in or turned a blind eye to the corruption, ensuring that those responsible are held accountable.

On April 29,  after the plea of guilty by Harvey Johnson,  FBI Special Agent in Charge Raul Bujanda said the investigation into the scheme and possible suspects is not over. Bujanda said this:

“We’re not done yet. It’s an ongoing investigation. I’d like to be able to say, I really actually would, and that’s sincere, like I would really want to say that this was over, it’s done, we’ve found them all, there’s no more to follow up on, you know everyone can feel good that we got all the bad apples out. Unfortunately, I can’t say that.”

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

https://www.koat.com/article/dwi-scandal-enterpise-albuquerque-new-mexico/63834129

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/were-not-done-yet-fbi-discusses-future-of-dwi-scandal-as-another-apd-officer-takes-a-plea/

US ATTORNEY FOR NEW MEXICO REPLACED, FBI SPECIAL AGENT IN CHARGE STEPS DOWN

It was on February 14, the New Mexico Department of Justice announced U.S. Attorney Alexander Uballez for New Mexico had resigned at the request of President Donald Trump. Uballez biggest claim to fame as US Attorney for New Mexico was the bringing federal charges against law enforcement officers and the ring leaders involved in the DWI bribery and conspiracy scandal to dismiss hundreds of DWI cases. Uballez negotiated 5 plea agreements in the case before he was terminated by Trump.

https://www.koat.com/article/new-mexico-us-attorney-uballez-leaves-albuquerque/63822383

https://www.kob.com/new-mexico/us-attorney-for-new-mexico-resigns-at-trumps-request/

On April 18, the United States Attorney’s Office for the District of New Mexico announced that Ryan Ellison was appointed as the new United States Attorney for the District of New Mexico by U.S. Attorney General Pam Bondi to replace former US Attorney Alexander Uballez. Newly appointed United State Attorney Ryan Ellison made absolutely no mention if his office will continue with the aggressive prosecution of the Federal DWI Enterprise Bribery Case to dismiss DWI cases and the largest corruption case in APD’s history.  What Ellison did say was “the United States Attorney’s Office will do its part to stem the unlawful flow of people and drugs into our country”. What this means is US Attorney Ellison and his office will be concentrating on President Trump’s prosecution and expulsion of undocumented immigrants in New Mexico.

https://www.justice.gov/usao-nm/pr/ryan-ellison-appointed-united-states-attorney-district-new-mexico

The lead agency investigating the DWI bribery and corruption scandal is the FBI. On April 29, it was reported that Raul Bujanda, the  Special Agent in Charge of the FBI  in Albuquerque has left his position.  Bujanda stepped down after 27 years in law enforcement. It was On April 21, 2021, then FBI Director Christopher Wray named Raul Bujanda as the special agent in charge of the Albuquerque Field Office in New Mexico. Mr. Bujanda joined the FBI as a special agent in 2002. Nothing was reported on what his departure means for the DWI bribery and corruption scandal. There has been no announcement who will be replacing Bujanda.

https://www.krqe.com/news/new-mexico/a-conversation-with-fbi-special-agent-in-charge-raul-bujanda-as-he-steps-down/#:~:text=NEW%20MEXICO%20(KRQE)%20%E2%80%94%20For,enforcement%2C%20Bujanda%20is%20stepping%20down

COMMENTARY AND ANALYSIS

The blunt reality is that with the appointment of a new United States Attorney for New Mexico and the departure of the FBI Special Agent in Charge of the Albuquerque office,  it is difficult to gage what impact there will be on the DWI Enterprise investigation and prosecutions and if there will be more charged. There has been absolutely  NO assurances made by either New Mexico’s new United State’s Attorney nor the FBI with the departure of Special Agent in Charge Raul Bujanda what will now happen to the case.

The DWI bribery and conspiracy score card is scandalous as it gets with 16 APD officers, 3 Sherriff Deputies, 1 State Police Officer implicated, 5 Cops and 2 ring leaders pleading guilty as charged in the largest bribery and corruption scandal in the city’s history involving the 3 largest law enforcement agencies in the state. Simply put, both the New Mexico United State Attorney’s Office and the FBI could decide very easily the case has run its course. They could decide to do nothing further given that priorities for both offices have shifted dramatically on a national level with President Trump concentrating on prosecuting and deporting the undocumented in the country and closing the border with Mexico. The United States Attorney for New Mexico and the Albuquerque FBI office have absolutely no obligation to tell the public what will now happen to the largest bribery and corruption case in Albuquerque’s history involving the three law enforcement agencies in the state, but they should not keep people guessing.

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

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.

 

On April 28, President Trump signed an Executive Order to enforce federal law with respect to sanctuary jurisdictions to protect their citizens from what he calls “dangerous illegal aliens.”

The Order directs the Attorney General and Secretary of Homeland Security to publish a list of States and local jurisdictions obstructing federal immigration law enforcement and notify each sanctuary jurisdiction of its non-compliance, providing an opportunity to correct it. Sanctuary jurisdictions that do not comply with federal law may lose federal funding.

The Order directs the Attorney General and Secretary of Homeland Security to pursue all necessary legal remedies and enforcement measures to bring non-compliant jurisdictions into compliance. It instructs the Attorney General and Secretary of Homeland Security to develop mechanisms for proper eligibility verification in sanctuary jurisdictions to prevent illegal aliens from receiving federal public benefits.

Trump’s Executive Order is supposed to ensure illegal aliens are not being favored over American citizens by directing the Attorney General to address state or local laws that unlawfully prioritize aliens. This includes in-state tuition benefits for aliens or criminal sentencing factors that favor aliens.

https://www.whitehouse.gov/fact-sheets/2025/04/fact-sheet-president-donald-j-trump-protects-american-communities-from-criminal-aliens/

IMMIGRANT FRIENDLY CITY VERSUS SANCTUARY CITY

Trump’s Executive Order instructs the departments of Justice and Homeland Security to compile a list of sanctuary jurisdictions across the United States, targeting them for potential cuts to federal funding. According to the Center for Immigration Studies, a conservative think tank, the two New Mexico cities Santa Fe and Las Cruces are already on that list. Albuquerque, notably, is not. The likely reason for that is the  Albuquerque City Council has enacted an ordinance declaring the city an “immigrant friendly city.”

It was in 2001, long before Trump was President, that the Albuquerque City Council declared the city to be an “Immigrant-Friendly City” by City Council ordinance. The ordinance was originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District that has the highest concentration of immigrants. Councilor Yntema’s wife is also naturalized citizen of the United States. In 2018, Albuquerque passed amendments to the original ordinance affirming the city was an “immigrant-friendly city,” again carefully avoiding the term “sanctuary city.”

The ordinance provides that the City of Albuquerque “welcomes and encourages immigrants to live, work and study in Albuquerque and to participate in community affairs, and recognizes immigrants for their important contributions to our culture and economy.”

Former City Councilor Pat Davis, who co-authored the measure, said the distinction was deliberate. Davis said this:

“We were really clear about being sure that we didn’t use sanctuary language. …We wanted to ensure transparency and cooperation,  but also protect vulnerable residents.”

A “Sanctuary City” requires local government to essentially shield 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. 

Albuquerque does allow the sharing of arrest records of municipal and state violations with federal immigration agents. However, the city does not compile any information on immigration status of suspects and prohibits Immigration and Customs Enforcement (ICE) from using municipal facilities or resources. This balance distinguishes the city’s approach from more overt sanctuary city policies.

HIGH-PROFILE CRIMES AMPLIFY DEBATE

The sanctuary city debate is fueled by high-profile crimes involving immigrants lacking permanent legal status that have shocked the city.  One such crime was the 2009 killing of a Denny’s employee by three Salvadoran nationals. A second murder was the 2019 murder of Jackie Vigil, the mother of a state police officer, who was shot and killed in her driveway in the early morning hours as she was on her way to the gym by a Mexican national in the country illegally. Her husband, Sam Vigil, later spoke at the White House about the killing and he endorsed then Bernalillo County Sheriff Manny Gonzales who was running against Mayor Tim Keller who was  running for his second term.

$68 MILLION IN FEDERAL AID AT STAKE

The stakes are high if the Trump Administration in fact labels Albuquerque a sanctuary city. If that happens, the city risks losing more than $68 million in federal funding, roughly five percent of the city’s annual budget. The potential loss of funding includes:

• $26 million for the Sunport and Double Eagle airports
• $11 million for housing programs
• $8 million for public transit
• $6 million for the Albuquerque Police Department

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

https://www.koat.com/article/mayoral-candidates-divided-on-albuquerques-immigrant-friendly-status-amid-federal-funding-threats/64707080

KELLER MAKES TRUMPS CUTS ISSUE IN MAYOR’S RACE

Mayor Tim Keller for his part is being very aggressive in taking on President Trump and his threats to cut federal funding to the city.

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”.

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 MAKES MISTAKE CALLING CITY “SANCTUARY CITY”

Keller made the mistake or misspoke when he declared during his March 24 event that the city is a “Sanctuary City” when in fact it is an “Immigrant Friendly” city as decreed by a city council ordinance. Notwithstanding the mistake, Keller went on to discuss the city’s immigrant friendly policies in great detail.  Keller pledged to protect immigrant rights and went so far as to say “We’re not going to work with ICE (Immigration and Customs Enforcement). … We are not going to change now.”

Keller said the city plans to continue with its current immigration policies, which are immigrant friendly policies. The immigrant friendly policies enacted by city council ordinance 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.

The city does not collect or retain information on a person’s immigrant status and APD makes arrests only for violations of local ordinances and state laws allowing law enforcement resources to be used for city and state laws. APD does not make arrests for violations of federal immigration laws and leaves that responsibility to Immigration and Customs Enforcement (ICE) and other federal law enforcement agencies such as the FBI and the Drug Enforcement Administration.

SANCTUARY CITY DEBATE BECOMES ISSUE IN MAYOR’S RACE A SECOND TIME

The divisive issue of Sanctuary City is not new to Albuquerque. In 2009, Mayor Richard Berry ran on a tough on crime and a tough-on-immigration platform and defeated incumbent Mayor Martin Chávez. Once in office, Berry allowed ICE to use city resources and operate out of the city’s prisoner transport center. The practice was reversed after Mayor Tim Keller took office in 2017.

Berry defended the policy of allowing ICE to utilize city resources at the time, saying it allowed local police to focus on public safety rather than immigration enforcement. Berry said this at the time:

“It keeps APD officers from doing immigration work, which is important while they’re fighting crime in the streets.”

In 2025, the accusation that the city of Albuquerque is a sanctuary city is once again becoming an issue in the race Mayor of Albuquerque as Mayor Tim Keller seeks a third 4 year term.

Republican Darren White is one of 11 candidates running for Mayor.  White is the controversial former Cabinet Secretary of the Department of Public Safety for then Republican Governor Gary Johnson. White is a former two term Bernalillo County Sheriff and former Albuquerque Chief Public Safety Officer under Republican Mayor Richard Berry.

White is essentially running on the same platform Richard Berry used to defeat Mayor Marty Chavez. White proclaims himself  to be a “proven leader,” “tough on crime” and a “champion for change.” White asserts that there have been 660 murders during Keller’s years in office, that an alarming number of businesses have had to close down because of crime and that Keller has made Albuquerque a “sanctuary city.” White proclaims  in his announcement:

“Mayor Keller has presided over the most murders in Albuquerque’s history. His weak approach to crime and homelessness has failed and it’s time for change.”

In a fund-raising letter, White falsely proclaimed this:

“One of Keller’s first acts as Mayor was too make Albuquerque a Sanctuary City for illegal immigrants who commit crimes. Now we have case after case of violent crimes being committed by illegal immigrants, many of who have been arrested multiple times but turned back onto the streets by this Mayor’s backward policies. As Mayor, I will end the Sanctuary City law immediately.”

EDITOR’S COMMENTARY: Simply put, former APD Officer Darren White knows better, unless he flunked “Constitutional Law” at the APD Police Academy which is a real possibility given some of the things that come out of his mouth. White knows Keller has no  authority to simply “turned back onto the streets” people arrested for a violent crime as White claims and White knows its the courts that makes such decisions following due process of law. He is using the issue of sanctuary city to “gin up” anti immigrant fever as Trump has done on the national level. 

SIX OUT OF ELEVEN CANDATES RESPOND TO CHANNEL 7

The immigration debate has resurfaced with intensity in the 2025 Albuquerque Mayors Race. KOAT TV Channel 7 reached out to the 11 candidates running for mayor in 2025. Only six candidates responded to KOAT’s inquiry on whether they would retain the immigrant-friendly ordinance.

The 4 candidates running for Mayor who did NOT respond to Channel 7 are:

1. Daniel Chavez
2. Adeo Herrick
3. Louie Sanchez
4. Timothy Keller

The 7 candidates who did respond to Channel 7’s line of questioning  are:

1. Alexander Uballez
2. Darren White
3. Mayling Armijo
4. Eddie Varela
5. Patrick Sais
6. Brian Fejer
7. Alpana Adair

On May 7, KOAT TV Channel 7 published on its web page the following line of questions and candidate responses:

1. ALEX UBALLEZ

Channel 7 Question: Are we an immigrant-friendly city or a sanctuary city?

Alex Uballez Answer: By city ordinance [R-18-7], the people of Albuquerque have declared Albuquerque to be immigrant friendly.

Channel 7 Question: Can you define the difference between the two?

Alex Uballez Answer: Neither is a legal term, so we rely on context for definition. An immigrant friendly city is defined in ordinance as a city that “welcomes and encourages immigrants to live, work and study in Albuquerque and to participate in community affairs, and recognizes immigrants for their important contributions to our culture and economy.” In the President’s Executive Order, he has defined sanctuary jurisdictions as a “local jurisdiction that obstruct[s] the enforcement of Federal immigration laws.” The operative word is “obstruct.”

To put it in plain terms, if a person ran a marijuana shop in violation of federal law, a civilian witness (or a city) would violate federal law if they physically blocked the way of FBI agents as they executed an arrest warrant on the owner. “[W]elcoming and encouraging immigrants to live, work and study in Albuquerque,” does not “obstruct the enforcement of Federal immigration laws” and so it appears that the President did not include cities like Albuquerque in the scope of his Executive Order.

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Alex Uballez Answer: By ordinance, “no City agency, department, officer, employee, or agent shall collect, make, or initiate any inquiry regarding the citizenship or immigration status of an individual,” (with enumerated exceptions). This means that the City of Albuquerque is not collecting information regarding immigration status, and therefore, none will be available upon request of ICE agents.

Channel 7 Question: If we are not going to provide that information to ICE agents, Albuquerque is threatened with losing federal funding. What would you do without that federal funding?

Alex Uballez Answer: Because Albuquerque does not obstruct federal immigration law, there are no grounds in the current Executive Order to defund the City of Albuquerque. Even if the DOJ and DHS misinterprets the President’s words, they would have no legal basis to force compliance—the federal government cannot force local officials to enforce federal laws (Printz v. United States).

Furthermore, the federal government has enough immigration resources, having conscripted the federal agencies tasked with keeping us safe from violence and drugs, like the DEA and US Marshals, to instead enforce federal immigration law. We need our police to pick up the slack and keep us safe from violent crime and drug trafficking in the absence of federal attention. This right to prioritize the people of Albuquerque is enshrined in the Tenth Amendment of the U.S. Constitution: the federal government “may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”

Furthermore, the President does not have the power to impose conditions on federal grants—only Congress does. Even if the President wanted to defund Albuquerque, it would take an act of Congress to achieve it. We’ve won this in Court before (City and County of San Francisco v. Trump) and will win again. Finally, we are strong enough to withstand a President who would ignore his own words and the law.

As United States Attorney, I led the USAO through the single largest budgetary shortfall in DOJ history and kept us in the black the entire time all while fighting violent crime, drug trafficking, and unearthing thirty years of corruption in the Albuquerque Police Department. The City budget has ballooned by nearly 50% from just under $1B in 2018 to $1.4B today, far outpacing inflation and population growth. Just as I did in the U.S. Attorney’s Office, we would go line-by-line through the budget and the organization chart finding every extra dollar to keep our city afloat all while improving the service we provide to the people.

Channel 7 Question: If elected, are you going to push to have the city declared immigrant-friendly, a sanctuary city, or neither?

Alex Uballez Answer: I will fight to protect the people of Albuquerque. We do that by getting to work here at home: driving down violent crime, building solutions to homelessness, and growing a vibrant economy. If we care about violent crime, that means we care about victims and witnesses being brave enough to call for help and testify in court and not fear that they or their family members will be deported. If we care about the unhoused, that means we care about lowering the barriers to getting people into houses. If we care about our economy, it means we care about the massive contributions of the tens of thousands of undocumented immigrants in Albuquerque—from their innovation, to their hard work, to the taxes they contribute, to their vibrant role in our culture and our community. At the end of the day, I will never trade lives in Albuquerque for statistics in D.C.

2. DARREN WHITE

Channel 7Question: Are we an immigrant-friendly city or a sanctuary city?

Darren White Answer: Albuquerque is clearly a Sanctuary City, which was enacted by Mayor Keller in 2018.

Channel 7 Question: Can you define the difference between the two?

Darren White Answer: The difference is that Mayor Keller’s Sanctuary City law specifically prohibits ICE from being present in the Prisoner Transport Unit to determine if those arrested for crimes in Albuquerque are here illegally. This prevents ICE from being able to put detainers on illegal immigrants who are arrested for crimes, which leads to them being released back onto our streets.

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Darren White Answer: We have had an immigrant-friendly policy for years, and the Albuquerque Police Department has never enforced federal immigration law against witnesses, victims, etc. What Tim Keller did was specifically provide protection for illegal immigrants arrested for crimes. This has led to numerous tragedies involving illegal immigrants who have been released back onto our streets and commit more crimes, including murder.

Channel 7 Question: If we are not going to provide that information to ICE agents, Albuquerque is threatened with losing federal funding. What would you do without that federal funding?

Darren White Answer: I will repeal the Sanctuary City Law immediately upon taking office.

Channel 7 Question: If elected, are you going to push to have the city declared immigrant-friendly, a sanctuary city, or neither?

Darren White Answer: If elected, I will not allow Albuquerque to be a Sanctuary City for illegal immigrants who commit crimes and we will fully cooperate with federal law enforcement. We will continue to protect witnesses and crime victims, but we will not shield illegal immigrants from ICE when they are arrested for crimes. I will ensure that ICE can once again maintain a presence in the Prisoner Transport Unit. Under Mayor Keller, Albuquerque has been plagued by a historic crime crisis, including over 750 murders. Police already have more than enough to deal with from local criminals who are preying on our community — we don’t need more who are here illegally.

3. MAYLING ARMIJO

Channel 7 Question: Are we an immigrant-friendly city or a sanctuary city?

Mayling Armijo Answer: Albuquerque is an immigrant-friendly City. Albuquerque officially became an immigrant-friendly City in 2000 with the passage of Resolution R-00-151.

Channel 7 Question: Can you define the difference between the two?

Mayling Armijo Answer: The term “Sanctuary City” is not legally defined. However, it refers to cities that limit cooperation with Immigration and Customs Enforcement (ICE) and protect individuals from being questioned or detained based solely on their immigration status. Because the terms (Immigration-friendly and Sanctuary) are often used interchangeably, there are no specific differences other than Albuquerque officially declares itself an Immigrant-friendly City and legally sets forth the rights and privileges of immigrants.

The Twenty-third City Council (Bill R18-7) enacted a Resolution regarding the City’s status as an Immigrant-friendly City. It more specifically provides as follows:

• “ The City welcomes and encourages immigrants to live, work, and study in Albuquerque and to participate in community affairs, and recognizes immigrants for their important contributions to our culture and economy;”
• The City shall not discriminate on the basis of a person’s national origin and will treat all persons with respect and dignity, regardless of immigration status”
• The City resolution reaffirms that “no municipal resources shall be used to identify individuals’ immigration status or apprehend persons on the sole basis of immigration status, unless otherwise required by law to do so”
• Further the Resolution acknowledges that the Tenth Amendment of the Constitution of the United States recognizes the sovereign status of the states and their political subdivisions and precludes the federal government from attempting to compel state and local governments, either directly or by their use of threats to withhold federal funding, to assist the federal government in enforcing federal laws, including immigrations laws.”

Channel 7 Question: If we are an Immigrant-friendly City, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Mayling Armijo Answer: Immigrant-friendly Cities do not report undocumented immigrants to Border Patrol or ICE. They do not impede federal law enforcement. They do not assist with federal law enforcement. They do not shelter or conceal immigrants from detection. They do not gather immigration status of the people living in their cities. However, it is imperative to understand that an immigrant-friendly city will prosecute an undocumented immigrant if they commit a crime.

Channel 7 Question: If we are not going to provide that information to ICE agents, Albuquerque is threatened with losing federal funding. What would you do without that federal funding?

Mayling Armijo Answer: Federal funding is imperative for the continued success, betterment, and safety of the citizens in Albuquerque. My expertise and experience in economic development provide me with the skills necessary to attract new businesses to the community to diversify our tax base. We would work to improve infrastructure, promote the community’s strengths and unique characteristics, and request participation from the State and the County. I would like us to explore tapping into new revenue streams such as opioid settlements and marijuana tax revenue, implementing budget cuts to streamline spending, and encouraging partnerships with private organizations and philanthropists to secure more funding for specific initiatives. Also, I would work closely with the New Mexico Federal Delegation to advocate for continued federal funding.

Channel 7 Question: If elected, are you going to push to have the City declared immigrant friendly, a sanctuary city or neither?

Mayling Armijo Answer: Albuquerque is already well-established as an immigrant-friendly City, and under my administration, if elected, will remain so. On April 28, the current president issued an executive order titled “Protecting American Communities from Criminal Aliens.” Based upon research by the University of New Mexico, there is no correlation between immigrant-friendly/Sanctuary Cities and crime. In fact, research shows that cities with sanctuary policies have lower crime rates than cities without them.

Sanctuary policies encourage participation in community policing by all members of the community and engagement with social services and community and economic development initiative that mitigate poverty. Immigrants have always played a vital role in New Mexico’s economy. I believe that involvement in federal civil immigration laws would undermine our already limited community policing, hinder a productive and trusting relationship with the immigrant community, and divert public safety resources in addition to violating constitutional rights of the citizens of New Mexico under the Fourth Amendment of the Constitution of the United States.

4. EDDIE VARELA

Channel 7 Question: Are we an immigrant-friendly city or a sanctuary city?

Eddie Varela Answer: Albuquerque is both an immigrant-friendly and a sanctuary city. Albuquerque passed a policy in 2018 which prevents local government and law enforcement from questioning or disclosing a person’s immigration status or using city resources to enforce federal immigration laws. This law also aligns with the definition of a sanctuary city, which limits cooperation with federal enforcement.

Channel 7 Question: Can you define the differences between the two?

Eddie Varela Answer: Cities that are friendly to immigrants generally support them in many ways but might still follow federal rules on immigration. Sanctuary cities, on the other hand, go a step further by limiting how much they help federal immigration officials, aiming to protect undocumented immigrants.

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Eddie Varela Answer: We will cooperate with all federal agencies.

Channel 7 Question: If we are not going to provide that information to ICE Agents, Albuquerque is threatened with losing federal funding. What would you do without federal funding?

Eddie Varela Answer: If elected Mayor of Albuquerque, we will not lose federal funding under my administration for any reason.

Channel 7 Question: If selected, are you going to push to have the city declared immigrant-friendly, a sanctuary city, or neither?

Eddie Varela Answer: Neither.

5. PATRICK SAIS

Note: Sais only replied to the first three questions.

Channel 7 Question: Are we an immigrant-friendly city or a sanctuary city?

Patrick Sais Answer: We are called immigrant-friendly.

Channel 7 Question: Can you define the difference between the two?

Patrick Sais Answer: No defense

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Patrick Sais Answer: Yes, I will comply.

6. BRIAN FEJER

Channel 7 Question: Are we an immigrant-friendly city or a sanctuary city?

Brian Fejer Answer: Neither – Albuquerque has been an autonomous city since 1706.

Channel 7 Question: Can you define the difference between the two?

Brian Fejer Answer: The phrases “immigrant-friendly city” or “sanctuary city” are partisan talking points, just like #HousingFirst or #BuildTheWall.

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Brian Fejer Answer: According to the United States Constitution, the Tenth Amendment limits the federal government’s power, preventing it from “commandeering” state and local governments to enforce federal laws #ReadingIsFundamental

Channel 7 Question: If we are not going to provide that information to ICE agents, Albuquerque is threatened with losing federal funding. What would you do without that federal funding?

Brian Fejer Answer: The State of New Mexico has always been too dependent on Federal spending. We need to diversify. Given that our state is sitting on $53.407 billion dollars in financial reserves from oil, gas, and investments for a rainy day, maybe it’s time to realize that we’re up to our necks in flood waters.

Channel 7 Question: If elected, are you going to push to have the city declared immigrant-friendly, a sanctuary city, or neither?

Brian Fejer Answer: Neither. Our current immigration system in the United States is rooted in the atrocities of WW2. Given that we supposedly live under a system of Constitutional Checks and Balances, to update and change immigration laws, the United States legislative branch would have to pass immigration reforms. The GOP has been killing reforms for two decades. The Democrats are too feckless to counter the GOP’s subhuman immigration rhetoric. The right to seek asylum emerged from the atrocities of World War II, leading to its incorporation into international law through the 1951 Refugee Convention and its 1967 Protocol. The U.S. recognized this right and incorporated it into domestic law with the Refugee Act of 1980.

The link to the quoted news source is here:

https://www.koat.com/article/mayoral-candidates-divided-on-albuquerques-immigrant-friendly-status-amid-federal-funding-threats/64707080

7. ALPANA ADAIR

On May 11, Alpana Adair sent the following answers to the  KOAT TV 7 questions:

Channel 7 Question:  Are we an immigrant-friendly city or a sanctuary city?

Alpana Adair Answer: While Albuquerque is officially designated as an “immigrant-friendly” city, it’s largely a matter of semantics. Both policies discourage local law enforcement from cooperating with federal immigration officials & prohibit police from actively engaging in immigration enforcement.

Channel 7 Question: Can you define the difference between the two?

Alpana Adair Answer: Sanctuary city policies are more concerned with having a clear demarcation between state law enforcement and federal immigration enforcement.  Immigrant-friendly policies welcome and incentivize illegal immigration, potentially transforming a city’s culture, language, voting demographics, and societal norms.

Channel 7 Question: If we are an immigrant-friendly city, does that mean we will not help provide information to ICE agents about the immigration status of the people living here?

Alpana Adair Answer: Albuquerque’s current immigrant-friendly ordinance prohibits local law enforcement from cooperating with ICE or from inquiring about immigration status, even when it may be relevant to public safety. It can be argued that restricting communication with federal authorities can allow individuals with criminal backgrounds to avoid detection, potentially putting communities at risk.

Channel 7 Question:  If we are not going to provide that information to ICE agents, Albuquerque is threatened with losing federal funding . What would you do without that federal funding?

Alpana Adair Answer: I believe Albuquerque will lose federal funding given our incumbent mayor’s instruction not to cooperate with ICE officials.  U.S. Attorney General Pam Bondi recently paused federal funding to over 200 sanctuary jurisdictions with the intent to enforce compliance with federal immigration laws. Her aim is to restrict grants to local governments and organizations that provide services to undocumented immigrants, and to increase legal accountability for jurisdictions obstructing immigration enforcement. To combat this financial loss, I would seek NEW federal funding dollars for things like border safety, opportunity zones, and charter schools.

Channel 7 Question: If elected, are you going to push to have the city declared immigrant friendly, a sanctuary city or neither?

Alpana Adair Answer: Neither, for the following reasons:

1. Undermines Federal Law Enforcement – Sanctuary policies limit local cooperation with federal immigration agencies and create law enforcement gaps, making it more difficult to detain or deport those who violate immigration laws.
2. Public Safety Concerns – Some argue that restricting communication with federal authorities can allow individuals with criminal backgrounds to avoid detection, potentially putting communities at risk.
3. Risk of Losing Federal Funding – Albuquerque may face the withholding of federal grants, including funds for public safety, housing, and emergency services, impacting city budgets and essential programs.
4. Legal and Constitutional Challenges – Local policies that restrict cooperation with immigration enforcement may lead to legal conflicts over compliance with federal statutes like 8 U.S.C. § 1373 and raise broader constitutional questions.
5. Erosion of Accountability and Transparency – Prohibiting city agencies from inquiring about or tracking immigration status hinders data collection and reduces transparency in local governance and law enforcement practices.  It also doesn’t allow us to “learn from our losses.”
6. Creates Policy Inconsistency – When local policies contradict federal immigration priorities, it can lead to confusion among law enforcement, courts, and the public, complicating the justice system’s ability to function effectively.
7. Perceived Incentive for Unlawful Presence – Critics argue sanctuary policies may unintentionally encourage undocumented immigration by signaling that immigration laws will not be actively enforced within certain jurisdictions.

While compassion and inclusion are important civic values, public safety and legal integrity must remain our top priorities. Policies that prohibit city departments from even tracking immigration-related data raise concerns about whether our leaders are prioritizing law-abiding behavior and community safety—or creating loopholes that make it harder to protect the public.

It’s time to re-examine policies that may unintentionally weaken law enforcement’s ability to protect our neighborhoods and ensure that our city operates in alignment with both state and federal law. Albuquerque must strive for policies that are both fair and firm—welcoming those who contribute positively while holding all residents to the same legal standards.

FINAL COMMENTARY AND ANALYSIS

There is no doubt that crime and the city’s homeless crisis will be the two biggest issues in the 2025 Mayor’s race. Should Trump’s Executive Order result in the city being declared a Sanctuary City and it loses millions in federal funding the fallout will no doubt  revive immigration as a political flashpoint in the 2025 municipal elections where the Mayor and 5 City Council seats will be on the ballot.

More than a decade and $40 million later, the Albuquerque Police Department is officially done with the Department of Justice.  On Monday, May 12 U.S. District Court Judge James O. Browning dismissed the Court Approved Settlement Agreement, or CASA ending federal oversight of APD. The dismissal ruling comes a mere 3 days after the City of Albuquerque and the DOJ filed a “Joint Motion to Terminate” the CASA and to dismiss the case.  The CASA was entered to by the City and DOJ in 2014 after a DOJ investigation showed a pattern of officers using excessive force and deadly force and a “culture of aggression” within APD and mandates 276 reforms of APD.

Under the watchful eye of the DOJ, APD has undergone new training emphasizing constitutional policing, meaning treating suspects equally regardless of race or gender, restructured multiple divisions for more supervision and oversight, appointed a superintendent to oversee officer discipline, expanded community outreach, and made its data available to the public to increase transparency.

Mayor Tim Keller said this in a statement:

“This ruling finalizes what the department and our community have worked tirelessly for over the last decade: we have earned back the right to run our own police department. I made it clear from day one, we would meet our challenges head-on, making hard changes, building new systems, and proving APD can uphold the highest standards on its own. This moment shows that reform and strong policing can go hand in hand, and that trust, accountability, and safety are not competing values — they’re connected. It’s also the beginning of the next generation of our police department, one that is transparent, admits mistakes, holds itself accountable and is fully capable of learning and continuing reforms as needed.”

Chief Harold Medina said this in a statement:

“It wasn’t an easy road, but we continued to push forward and slowly this team and all of our officers became accustomed to what was necessary to get into compliance. …This is a victory for the men and women of the Albuquerque Police Department who have changed their culture. They are the ones that have put the most blood, sweat and tears into this, faced the most scrutiny. They have done a wonderful job at changing the culture of the Albuquerque Police Department.”

https://www.cabq.gov/mayor/news/it2019s-official-judge-dismisses-casa-ending-doj-oversight-in-abq#:~:text=U.S.%20District%20Judge%20James%20O,Albuquerque%20Police%20Department%20(APD).

The Court Approved Settlement Agreement was agreed to in  2014 following a DOJ investigation that revealed patterns of excessive force and deadly force by APD officers and a “culture of aggression” within APD.  Since then APD underwent a rigorous transformation, embracing new policies, increasing transparency, and embedding accountability into its daily operations.

Mayor’s Office spokesperson Staci Drangmeister said this in a news release:

“This has been accomplished through the adoption of policies and training concerning the constitutional application of the use of force on suspects driven by the specific circumstances of that officer’s encounter.”

Drangmeister stated that other changes include:

• Restructuring multiple divisions — including the APD Academy, Special Operations Division and Special Investigations Division — to provide additional supervisory oversight, and creating new units like the Performance Metrics Unit and Compliance Bureau.
• Appointing a superintendent  of police reform to oversee officer discipline, removing this function from the chief.
• Expanding community outreach via the ambassador program to better communicate with entities and groups impacted by pre-CASA policing.
• Ensuring that APD data is transparent and publicly available, furthering goals of maintaining the community’s trust in law enforcement. Officers are required to use recording devices to capture their interactions with the public. APD has created and maintained numerous dashboards showing underlying data to support its efforts.

With the changes, Drangmeister said the city and APD “reaffirm their pledge to continue building a modern, community-focused police department grounded in constitutional policing and public trust.”

Shaun Willoughby, the President of the Police Officer’s Association said this about the oversight coming to an end:

“The DOJ can’t leave fast enough. This has been a rollercoaster of destruction.”

It was in April when Shaun Willoughby told KOB 4 that a lot of officers only complied with the new training and regulations to keep their jobs. Willoughby said this:

“These officers have been dealing with this consent decree for more than a decade and it’s going to take time to train a lot of this craziness out of them”

EDITORS COMMENTARY:  The words spoken by Police Union President Shaun Willoughby are pure political garbage and should be discarded as such. The union early on became an intervenor in the case, something the City failed to object to and should never had consented to. Willoughby was at the negotiating table when new use of force and deadly force policies were negotiated. It was the union that engaged in obstruction and delay tactics in the writing and implementation of the use of force and deadly force policies and the CASA reforms.

Willoughby spread the “big lies” that crime rates were up because of  the consent decree and that cops were “handcuffed” and could not do their jobs. On April 27, 2021, it was widely reported by local news media that the Albuquerque Police Officers Association (APOA) launched a $70,000 political hit job ad campaign, which included  33 billboards, urging  the community to speak out against the DOJ oversight and to discredit the DOJ mandated reforms saying the police reforms were preventing police officers from doing their jobs and combating crime.

 Links to quoted or relied upon news sources are here:

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

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

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

https://www.kob.com/news/top-news/federal-oversight-of-apd-officially-comes-to-an-end/

https://www.abqjournal.com/news/article_c971445d-aef4-4e22-b9a9-8bafa8c477d8.html#tncms-source=home-featured-7-block

JOINT MOTION FOR TERMINATION

It was on  May 9, the U.S. Department of Justice (DOJ) and the City of Albuquerque filed a “Joint Motion For Termination” seeking U.S. District Court approval to terminate the federal consent decree known as the Court Approved Settlement Agreement (CASA) covering the Albuquerque Police Department (APD) since 2015. The joint motion asserts that the Federal Monitor has determined APD is in  full compliance with the consent decree and that the case can be dismissed.  The Federal Court Appointed Monitor James Ginger and the Intervenor Albuquerque Police Officers’Association (APOA) concurred with the “Joint Motion To Terminate” and the dismissal of the case.

You can read the 22 “Joint Motion For Termination” at this link:

https://www.justice.gov/opa/media/1399851/dl?inline

The 22-page Joint Motion to Terminate highlights the history of the litigation including major reports  of the federal monitor and reaching compliance levels. As alleged in the Joint Motion to Terminate, the stated  purpose of the CASA was: “[To] ensure that [APD] delivers police services that comply with the Constitution and laws of the United States and to further their mutual interests. …The provisions of [the CASA] Agreement are designed to ensure police integrity, protect officer safety, and prevent the use of excessive force, including unreasonable use of deadly force, by APD.”

Primarily, the CASA established requirements related to the use of force by APD officers. To achieve these goals, APD was required to “implement force policies, training, and accountability systems to ensure that force is used in accordance with the Constitution and laws of the United States, and that any use of unreasonable force is identified and responded to appropriately.”  In addition, APD was required to “ensure that officers use non-force techniques to effectively police, use force only when objectively reasonable under the circumstances, and de-escalate the use of force at the earliest possible moment.”

The Joint Motion for Termination states in part:

“[After 10 years] APD has become a self-assessing and self-correcting agency. These characteristics have enabled APD to demonstrate sustained and continuing improvement in constitutional policing. In the most critical area covered by the CASA—force— the data shows that APD uses force at a much lower rate than when this case began, and that the vast majority of force used meets constitutional standards. When it does not, APD has the systems and processes in place to ensure that the necessary review, training, and discipline take place.

The Motion to Terminate goes on to state in part:

“[APD has] vastly improved its use of force in a constitutional manner. … the City has shown its ability to conduct its own use of force investigations without outside assistance. … The City has achieved operational compliance with all of the requirements that measure use of force outcomes. …  The City also achieved operational compliance of the reforms that help recruit, retain, train, and care for high-quality officers. Additionally, the City established systems for reliable, timely, and fair investigation of lower-level force, higher-level force, and misconduct and achieved operational compliance with paragraphs regarding application of discipline, including implementation of a disciplinary matrix. Finally, the City achieved operational compliance with paragraphs related to non-force issues such as citizen and community engagement, as well as paragraphs addressing officers’ response to especially vulnerable citizens through behavioral health training and specialized units.

The City and APD have devoted thousands of working hours and spent millions of dollars over the last 10 years to implement the CASA reforms.  The Joint Motion to Terminate signifies that the DOJ is satisfied that APD has met its demands and has met all the requirements mandated by the CASA.

APD was forced to create entire management teams and Internal Affairs oversight divisions and rewrite use of force and deadly force policies. The city was required to implement police training in constitutional policing practices and de-escalation tactics to meet the 276 mandated reforms in the CASA. The city was also required to pay the Federal Independent Monitor and his monitoring team to oversee the progress of APD which cost the city taxpayers $13 million.

INVESTIGATION, LAWSUIT AND COURT APPROVED SETTLEMENT AGREEMENT

The DOJ began investigating excessive force by APD in November 2012 after the Albuquerque City Council and police oversight advocates requested the federal government to investigate APD’s officers’ use of force and deadly force.  An 18-month long investigation by the Department of Justice (DOJ) found that the Albuquerque Police Department engaged in a pattern of “excessive use of force” and “deadly force”, especially when dealing with the mentally ill. The DOJ investigation found a “culture of aggression” existed within APD. Department of Justice investigators reviewed 20 fatal shootings by APD between 2009 and 2013 and found that in the majority of cases the level of force used was not justified because the person killed did not present a threat or danger to police officers or the public and were more of a danger to themselves.

The lawsuit was filed in 2014 after the Department of Justice (DOJ) determined that APD had engaged in a pattern or practice of use of excessive force and deadly force in violation of the Fourth Amendment to the United States Constitution.   It was on November 14, 2014, the City of Albuquerque, the APD and DOJ entered into a stipulated Court Approved Settlement Agreement (CASA).

The CASA contains 276 paragraphs that mandate police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s compliance with the reforms. The ultimate goal of the settlement was to implement constitutional policing practices, and it was aimed at making sure police officers follow policy and do not  use excessive force and deadly force.

The link to the 118-page CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

It was the Republican Mayor Richard Berry Administration who negotiated the terms and conditions of the CASA in 2013. They did so by hiring two out of state negotiators to the tune of $1 Million dollars. The outside contractors had little to no understanding of APD nor of Albuquerque as a community and its diverse culture. The net result was a one-sided agreement in favor of the DOJ as the Bery Administration simply agreed to all the demands of the DOJ and rolled over. An agreement that was supposed to be implemented in 4 years and then dismissed lasted over 10 years. For the last 7 years the Keller Administration has been saddled with the CASA and implementing the reforms.

21^ST INDEPENDENT MONITORS REPORT

On April 14, 2025,  federal court appointed  Independent Monitor James D. Ginger issued his sixty page 21st Independent Monitor’s Report (IMR) on the three compliance levels the APD has achieved under the CASA.  The report covers the compliance efforts made by APD during the 21st reporting period, of  August 1, 2024, through January 31, 2025.

Federal Monitor James Ginger’s 21^st report found that the city of Albuquerque was at 99% operational compliance, which tracks whether officers follow policies and are corrected when they don’t.

Ginger found in his 21^st report that the only remaining requirements to achieve 100% operational compliance is the Civilian Police Oversight Agency (CPOA), which investigates civilian complaints against officers and is not under APD’s control. Ginger found the timeliness of investigations by the CPOA  was seriously deficient. However, Ginger reported  that the CPOA was making progress toward compliance and had developed a “triage protocol” to prioritize cases that were “more likely to have sustained findings.”

https://www.abqjournal.com/news/article_a70f7874-02e7-40bd-9e13-2eebaf2a0c24.html#tncms-source=home-featured-7-block

Ginger’s 21^st report also found APD recorded a 45% drop in annual use-of-force incidents since 2020. Although officers shot, or shot at, a record number of people in recent years, almost all of which were found in policy.

According to the Monitors Executive Summary, the City and APD have completed the majority of the requirements established by the CASA. At the end of the reporting period, APD’s compliance levels are as follows:

• Primary Compliance 100%
• Secondary Compliance 100%
• Operational Compliance 99%

For purposes of the APD monitoring process, there are 3 “compliance” levels:  Primary Compliance, Secondary Compliance , and Operational Compliance. The 3 Compliance Levels are defined in  the Monitors Reports as follows: .

PRIMARY COMPLIANCE

Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors, and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA, must comply with national standards for effective policing policy, and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE

Secondary compliance is attained by providing acceptable training related to supervisory, managerial, and executive practices designed to (and effective in) implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE

Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency, e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

https://www.cabq.gov/police/documents/doc-1095-imr-21-april-2025.pdf

REFORMS ACHIEVED UNDER THE CASA

On November 16, 2024, it was a full 10 years that expired since the city agreed to the CASA with the DOJ. It was originally agreed that implementation of all the settlement terms would be completed within 4 years. Because of delay and obstruction tactics by APD management and the police officers’ union which was found by the Federal Monitor it has taken another 5 years to get the job done.

After over 10 full years, the federal oversight and the CASA have produced results. Reforms achieved under the CASA can be identified and are as follows:

• New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
• All sworn police officers have received crisis management intervention training.
• APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
• The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
• Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
• “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
• APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
• APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
• The Repeat Offenders Project, known as ROP, has been abolished.
• Civilian Police Oversight Agency has been created, funded, fully staffed and a director was hired.
• The Community Policing Counsels (CPCs) have been created in all area commands.
• The Mental Health Advisory Committee has been implemented.
• The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow procedures.
• Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
• APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
• APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
• The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
• APD has attained a 100% Primary Compliance rate, a 100% Secondary Compliance rate and a 99% Operational Compliance rate.

COMMENTARY AND ANALYSIS

The “Motion To Terminate” has been expected for some time and did not come as any surprise. Likewise, the federal Court Order granting the motion and dismissing the case was expected given that the motion was also agreed to by the Intervenor Albuquerque Police Officers Association and the Federal Monitor. What was not expected is the fact that U.S. District Court Judge James O. Browning entered the order granting the Motion To Terminate the CASA and dismiss the case without a hearing and a mere 3 days after a weekend.

The blunt reality is APD was expected to be found in compliance after the 19^th Federal Monitors report came out saying APD fell 2% short of being in full Operational Compliance and at 100% Primary and Secondary Compliance.

What called into question if APD would finally reach compliance and the case dismissed, at least in the public’s mind, was the DOJ and the FBI investigation into allegations that DWI officers took bribes to miss court dates which led to hundreds of pending DWI cases being dismissed by the Bernalillo County District Attorney’s Office.

It turns out that the biggest corruption scandal in the history of  APD did not even merit an acknowledgement nor a mention by the Federal Monitor in his 19^th, 20th or 21st monitor’s reports. What is truly  down right pathetic is that for the past 10 years APD management and the entire APD department was supposed to be the  under the watchful eye of the Department of Justice, the Federal Court and a Federal Monitor, yet the bribery and conspiracy scandal to dismiss DWI cases ostensibly went totally undetected by the Federal Monitor over the last 10 years during which it occurred.

Under Secondary Compliance, the Federal Monitor and his so-called team of experts were required to review supervisory, managerial and executive practices and the enforcement of policies among field personnel and how they were held accountable by management and executive levels for wrongdoing. Accepting bribes to get cases dismissed has never been a policy of APD. No doubt the monitor will argue it was not his job to ferret out scandal, nefarious or illegal conduct of APD officers other than use of force and deadly force, but that sure damn well was the responsibility of the Department of Justice.

Despite all that has been accomplished by the CASA as noted above, the public perception is that the DOJ reform process really has not accomplished much other than making the Federal Monitor a wealthy man.

Excessive use of force and deadly by APD is what brought the Department of Justice to this City in the first place and damaged APD’s reputation to a great extent. The reforms were an attempt to restore public confidence in APD to an extent.

There is absolutely no doubt that APD’s reputation has been trashed to a major extent by APD’s history of excessive use of force and deadly force as well by the corruption, bribery and DWI dismissal scandal. APD is viewed by many as nothing more than a bastion of “violent, dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is little doubt that the killings of civilians and the bribery corruption scandal has shaken the public’s faith in our criminal justice system and APD to its core. The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in corruption and wrongful death actions are held accountable. That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated, and they lose their law enforcement certification.

REVERTING BACK TO OLD WAYS OF DOING BUSINESS BIGGEST THREAT

The announcements that APD, after almost 10 years, is now in full compliance with the Court Approved Settlement Agreement (CASA) and the case has been dismissed by a federal judge is long overdue and are major milestones for the beleaguered department plagued by scandal and corruption.

The implementation of all the reforms took over twice as long as was originally agreed. It required the expenditure of millions of dollars and oversight by an outside independent monitor.

The Federal Monitor and his team have been paid upwards of $13 Million for their services and reports. The city has also spent over $40 to implement the reforms.

The  words of union President Shaun Willoughby need to be considered a threat by the police union to APD management of its intent to undermine the reforms now that the DOJ and the Monitor will be gone:

“[Officers only complied with the new training and to keep their jobs.] These officers have been dealing with this consent decree for more than a decade and it’s going to take time to train a lot of this craziness out of them.”

Willoughby’s garbage attitude and words reflect the real danger and the biggest risk that APD leadership and management are now faced with. They need to emphasize to the rank and file, especially the union, that the reforms will remain in place, training in constitutional policing practices will continue and violations will result in disciplinary action including and up to suspension or termination. APD management cannot afford to become lazy or complacent as it has been in the past and allow APD rank and file to fall back into the old ways, habits and attitudes that created the “culture of aggression” in the first place and brought the DOJ to the city.

The link to a related article is here:

Department Of Justice And City File “Joint Motion For Termination” Of Court Approved Settlement Agreement; Federal Monitor Files 21st Report With Compliance Level Findings; Reforms Achieved Under CASA; Dismissal Long Overdue; Largest APD Bribery And Corruption Case Ignored; Biggest Danger APD Faces Now With Dismissal

On Friday May 9, the U.S. Department of Justice (DOJ) and the City of Albuquerque filed a “Joint Motion For Termination” seeking U.S. District Court approval to terminate the federal consent decree known as the Court Approved Settlement Agreement (CASA) covering the Albuquerque Police Department (APD) since 2015. The joint motion asserts that the Federal Monitor has determined APD is in  full compliance with the consent decree and that the case can be dismissed. The Federal Court Appointed Monitor James Ginger and the Intervenor Albuquerque Police Officers’ Association (APOA) concurred with the “Joint Motion To Terminate” and the dismissal of the case.

You can read the 22 “Joint Motion For Termination” at this link:

https://www.justice.gov/opa/media/1399851/dl?inline

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division issued the following statement:

“This consent decree has run its course successfully. … We are proud to stand by the men and women of the Albuquerque Police Department and ask the court to terminate this consent decree. Albuquerque Police operate constitutionally. It is now appropriate to end federal oversight and return full control of local law enforcement to the city. The Albuquerque Police Department has made meaningful progress toward constitutional policing and a culture of accountability. This progress builds on nearly a decade of hard work and partnership with the community, laying a strong foundation for the future and opening the door to a new chapter. This chapter demands leadership that listens, a community that stays engaged, and a department committed to doing what is right, even when it is difficult, in service of a safer, more just Albuquerque for all.”

The link to read the statement is here:

https://www.justice.gov/opa/pr/justice-department-and-city-albuquerque-seek-termination-consent-decree-covering-albuquerque

In a statement, newly appointed U.S. Attorney for New Mexico Ryan Ellison, who was appointed by President Trump on April 18 , said this:

“[APD] has made tremendous progress toward constitutional policing and a culture of accountability.  This progress builds on nearly a decade of hard work and partnership with the community, laying a strong foundation for the future and opening the door to a new chapter of local control of law enforcement. … The U.S. Attorney’s Office will stand shoulder to shoulder with the men and women of the APD to make Albuquerque a safer place to live, work, raise a family, and run a business.”

JOINT MOTION FOR TERMINATION

The CASA was filed on November 14, 2014. It contains 276 paragraphs containing police reforms overseen by a Federal District Judge and audited by Federal Court Approved Monitor James Ginger. The CASA was agreed to after an 18-month long DOJ investigation finding APD engaged in a pattern of “excessive use of force” and “deadly force” and finding a “culture of aggression” existed within APD.

The 22-page Joint Motion to Terminate highlights the history of the litigation including major reports  of the federal monitor and reaching compliance levels. As alleged in the Joint Motion to Terminate, the stated  purpose of the CASA was: “[To] ensure that [APD] delivers police services that comply with the Constitution and laws of the United States and to further their mutual interests. …The provisions of [the CASA] Agreement are designed to ensure police integrity, protect officer safety, and prevent the use of excessive force, including unreasonable use of deadly force, by APD.”

Primarily, the CASA established requirements related to the use of force by APD officers. To achieve these goals, APD was required to “implement force policies, training, and accountability systems to ensure that force is used in accordance with the Constitution and laws of the United States, and that any use of unreasonable force is identified and responded to appropriately.”  In addition, APD was required to “ensure that officers use non-force techniques to effectively police, use force only when objectively reasonable under the circumstances, and de-escalate the use of force at the earliest possible moment.”

The Joint Motion for Termination states in part:

“[After 10 years] APD has become a self-assessing and self-correcting agency. These characteristics have enabled APD to demonstrate sustained and continuing improvement in constitutional policing. In the most critical area covered by the CASA—force— the data shows that APD uses force at a much lower rate than when this case began, and that the vast majority of force used meets constitutional standards. When it does not, APD has the systems and processes in place to ensure that the necessary review, training, and discipline take place.

The Motion to Terminate goes on to state in part:

“[APD has] vastly improved its use of force in a constitutional manner. … the City has shown its ability to conduct its own use of force investigations without outside assistance. … The City has achieved operational compliance with all of the requirements that measure use of force outcomes. …  The City also achieved operational compliance of the reforms that help recruit, retain, train, and care for high-quality officers. Additionally, the City established systems for reliable, timely, and fair investigation of lower-level force, higher-level force, and misconduct and achieved operational compliance with paragraphs regarding application of discipline, including implementation of a disciplinary matrix. Finally, the City achieved operational compliance with paragraphs related to non-force issues such as citizen and community engagement, as well as paragraphs addressing officers’ response to especially vulnerable citizens through behavioral health training and specialized units.

The City and APD have devoted thousands of working hours and spent millions of dollars over the last 10 years to implement the CASA reforms.  The Joint Motion to Terminate signifies that the DOJ is satisfied that APD has met its demands and has met all the requirements mandated by the CASA.

APD was forced to create entire management teams and Internal Affairs oversight divisions and rewrite use of force and deadly force policies. The city was required to implement police training in constitutional policing practices and de-escalation tactics to meet the 276 mandated reforms in the CASA. The city was also required to pay the Federal Independent Monitor and his monitoring team to oversee the progress of APD which cost the city taxpayers $13 million.

REACTION TO MOTION TO TERMINATE

Not at all surprising, Mayor Tim Keller and APD leadership are delighted with the filing of the Motion to Terminate seeking a dismissal of the case.

APD Chief Harold Medina said this:

“This is a victory for the men and women of the Albuquerque Police Department who have changed their culture. They are the ones that have put the most blood, sweat and tears into this. … I hope and I pray that the future leaders of this department continue to respect what was built and that we must always be looking to see how we could improve. … That sometimes in order to be able to improve, we must admit that we were wrong.

This is not the end of reform. Reform should always be reoccurring. We should always be looking how we’re going to get better. How are we going to improve communications with the community? How are we going to reduce use of force? How are we going to ensure that a bad incident does not repeat itself?””

 Notwithstanding his delight over the dismissal of the case, APD Chief Harold Medina said the consent decree didn’t fix “the system in its entirety” referring to resource and continuum lapses in the state’s behavioral health system.

Unlike when the CASA was first entered, recent years have seen more people armed at the time they were killed by police. In some cases, those killed threatened suicide and told police to shoot them, even pointing cellphones and other objects at officers, as if they were guns, before being shot. Medina said this:

“I remember in 2013, 2012 … we had some horrible shootings … we had a lot of incidents that were just very tough for us to explain … I think there’s a vast change in what we’ve done and how we handle situations. I watch videos and I see the patience and the understanding of our officers, and it’s unbelievable how patient and understanding they are today compared to the past. We need places for people to get intervention early, for people to get help early, and it cannot rely on an officer being dispatched to deal with these individuals.”

Medina said he has seen change in his officers’ behavior in such situations and gives credit to the CASA. Medina said he believes the changes mandated by the CASA and implemented by the city will stand the test of time. Medina said this:

“There’s going to be some fine-tuning and some streamlining of the processes, but the fundamentals of this settlement agreement are what every department should strive for: constitutionally policing the community and holding people accountable and making sure force is only used when it has to be used. … So, I just want to make sure that we don’t start messaging that the intent is, ‘We’re going to go back to the way it was.’ That’s not the right message.”

Mayor Tim Keller for his part recognized the possibility of problems still appearing within the police department, but expressed optimism on how they would be dealt with in the future. Keller said this:

“If you look at the old footage of when this started and what we did to get here, no one would’ve believed we would have actually gotten to this place. … Will there be bad actors in the police department? That will also happen. The difference is that we will hold them accountable, and we will efficiently get the bad actors out of the department.  … [T]he work itself, the reform, the self-improvement, the accountability, the transparency absolutely continues. Officers are still going to be held accountable.”

APD Superintendent of Police Eric Garcia said this:

“We’re still going to investigate officer misconduct, and we’re still going to investigate all uses of force.”

APD Police Union President Sean Willoughby, a constant critic of the DOJ Consent decree and of the reform effort, said the only benefit from the CASA was more emphasis on training, although he did not agree with the training nor the way it was handled. He blamed the consent decree on the city’s issues with crime and having more police shootings than before the reforms began. Willoughby said this:

“The DOJ can’t leave fast enough. This has been a rollercoaster of destruction.”

Commentary Note: The words spoken by Police Union President  Shaun Willoughby are pure political garbage and should be discarded as such. The union early on became an intervenor in the case, something the City failed to object to and should never had consented to. Willoughby was at the negotiating table when new use of force and deadly force policies were negotiated. It was the union that engaged in obstruction and delay tactics in the writing and implementation of the use of force and deadly force policies and the CASA reforms.

Willoughby spread the “big lies” that crime rates were up because of  the consent decree and that cops were “handcuffed” and could not do their jobs. On April 27, 2021, it was widely reported by local news media that the Albuquerque Police Officers Association (APOA) launched a $70,000 political hit job ad campaign, which included  33 billboards, urging  the community to speak out against the DOJ oversight and to discredit the DOJ mandated reforms saying the police reforms were preventing police officers from doing their jobs and combating crime.

 Links to quoted or relied upon news sources are here:

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

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

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

“HORRIFICALLY PREDICTABLE”

Peter Cubra, a now retired civil rights attorney who defended people with disabilities in the reform effort for years, called the DOJ’s decision “horrifically predictable.” Cubra was quick to point out the Motion to Terminate  has “zero signature lines” of any DOJ members on the case prior to 2025, including Deputy Chief Paul Killebrew, with the DOJ’s Civil Rights Division, who worked years on the reform effort.

Cubra believed the termination request was ultimately motivated by the Trump administration, which, according to The Washington Post, has shaken up the division and reassigned DOJ Civil Rights staffers overseeing a variety of cases, including police brutality. The national DOJ office in Washington, DC did not respond to questions on the matter. Cubra said this:

“[APD’s] practice of shooting people when they should not is unlikely to change in the foreseeable future. … And the only thing that might influence that would be new litigation brought by people who don’t work for the government and a courageous judge.”

As APD  has come closer to the dismissal of the case, Cubra and other advocacy groups, including the New Mexico Chapter of the American Civil Liberties Union and APD Forward have decried spikes in APD police shootings, particularly those involving people in the grips of a behavioral health crisis. APD Forward includes 19 organizations who became  affiliated with each other to reform APD and implement the DOJ consent decree terms and reforms.

Data from 2022 shows that, despite the increase, officers used force in less than 1% of behavioral health and suicide calls, and 3% of those calls violated policy. Daniel Williams with the ACLU of New Mexico pointed out a disconnect between APDs compliance with the DOJ, and the experience on city streets. Williams said this:

“We’ve seen the last couple of years APD really starting to check those boxes and get into technical compliance with the CASA. … Unfortunately, New Mexico still leads the nation in terms of per capita people killed by police and APD does account for a big part of that.”

The links to quoted or relied upon news sources are here:

https://www.justice.gov/opa/pr/justice-department-and-city-albuquerque-new-mexico-seek-partial-termination-consent-decree

https://www.kob.com/new-mexico/apd-files-joint-motion-with-doj-to-end-oversight/

https://www.krqe.com/news/albuquerque-metro/city-of-albuquerque-doj-file-joint-motion-to-end-apd-oversight/

https://www.koat.com/article/final-steps-in-doj-settlement-agreement-being-taken-by-apd-koat/64734921

https://www.abqjournal.com/news/article_9e85d3ed-269c-423b-83b7-1f7af2043a5d.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_a70f7874-02e7-40bd-9e13-2eebaf2a0c24.html#tncms-source=home-featured-7-block

 21^ST INDEPENDENT MONITORS REPORT

On April 14, 2025, federal court appointed  Independent Monitor James D. Ginger issued his sixty page 21st Independent Monitor’s Report (IMR) on the three compliance levels the APD has achieved under the CASA. The report covers the compliance efforts made by APD during the 21st reporting period, of  August 1, 2024, through January 31, 2025.

Federal Monitor James Ginger’s 21^st report found that the city of Albuquerque was at 99% operational compliance, which tracks whether officers follow policies and are corrected when they don’t.

Ginger found in his 21^st report that the only remaining requirements to achieve 100% operational compliance is the Civilian Police Oversight Agency (CPOA), which investigates civilian complaints against officers and is not under APD’s control. Ginger found the timeliness of investigations by the CPOA  was seriously deficient. However, Ginger reported  that the CPOA was making progress toward compliance and had developed a “triage protocol” to prioritize cases that were “more likely to have sustained findings.”

https://www.abqjournal.com/news/article_a70f7874-02e7-40bd-9e13-2eebaf2a0c24.html#tncms-source=home-featured-7-block

Ginger’s 21^st report also found APD recorded a 45% drop in annual use-of-force incidents since 2020. Although officers shot, or shot at, a record number of people in recent years, almost all of which were found in policy.

According to the Monitors Executive Summary, the City and APD have completed the majority of the requirements established by the CASA. At the end of the reporting period, APD’s compliance levels are as follows:

• Primary Compliance 100%
• Secondary Compliance 100%
• Operational Compliance 99%

For purposes of the APD monitoring process, there are 3 “compliance” levels:  Primary Compliance, Secondary Compliance , and Operational Compliance. The 3 Compliance Levels are defined in  the Monitors Reports as follows: .

PRIMARY COMPLIANCE

Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors, and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA, must comply with national standards for effective policing policy, and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE

Secondary compliance is attained by providing acceptable training related to supervisory, managerial, and executive practices designed to (and effective in) implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE

Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency, e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

https://www.cabq.gov/police/documents/doc-1095-imr-21-april-2025.pdf

The next hearing on Ginger’s 21^st Monitors report is scheduled for May 15 in front of the CASA assigned U.S. District Judge James Browning. It is unclear if he will take up the motion to dismiss the CASA.

INVESTIGATION, LAWSUIT AND COURT APPROVED SETTLEMENT AGREEMENT

The DOJ began investigating excessive force by APD in November 2012 after the Albuquerque City Council and police oversight advocates requested the federal government to investigate APD’s officers’ use of force and deadly force.  An 18-month long investigation by the Department of Justice (DOJ) found that the Albuquerque Police Department engaged in a pattern of “excessive use of force” and “deadly force”, especially when dealing with the mentally ill. The DOJ investigation found a “culture of aggression” existed within APD. Department of Justice investigators reviewed 20 fatal shootings by APD between 2009 and 2013 and found that in the majority of cases the level of force used was not justified because the person killed did not present a threat or danger to police officers or the public and were more of a danger to themselves.

The lawsuit was filed in 2014 after the Department of Justice (DOJ) determined that APD had engaged in a pattern or practice of use of excessive force and deadly force in violation of the Fourth Amendment to the United States Constitution.   It was on November 14, 2014, the City of Albuquerque, the APD and DOJ entered into a stipulated Court Approved Settlement Agreement (CASA).

The CASA contains 276 paragraphs that mandate police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s compliance with the reforms. The ultimate goal of the settlement was to implement constitutional policing practices, and it was aimed at making sure police officers follow policy and do not  use excessive force and deadly force.

The link to the 118-page CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

It was the Republican Mayor Richard Berry Administration who negotiated the terms and conditions of the CASA in 2013. They did so by hiring two out of state negotiators to the tune of $1 Million dollars. The outside contractors had little to no understanding of APD nor of Albuquerque as a community and its diverse culture. The net result was a one-sided agreement in favor of the DOJ as the Bery Administration simply agreed to all the demands of the DOJ and rolled over. An agreement that was supposed to be implemented in 4 years and then dismissed lasted over 10 years. For the last 7 years the Keller Administration has been saddled with the CASA and implementing the reforms.

HIGH PROFILE KILLINGS

Two very high-profile shootings involving the mentally ill that occurred also contributed to Berry Administration rushing into and agreeing to all  the terms of the CASA.

Kenneth Ellis was and Iraq War Veteran suffering from PTSD who was armed with a handgun that he pointed to his head and threatened to commit suicide, while he was also on his cell phone with his mother, and when he was confronted by APD. The officers shot and killed him when he took one step forward to them. A jury found that Ellis was more of a threat to himself and not police and it resulted in an $8 million judgment against the city.

James Boyd was a homeless man camping illegally in the Sandia foothills who was confronted by dozens of APD officers who attempted to arrest him and he was shot and killed by SWAT. Mayor Richard Berry called the shooting a “game changer.”  The shooting of Boyd led to protests that saw crowds overturning cars as tear gas wafted in the streets and another Judgement against the City for $5 million.  The two SWAT officers who killed Boyd were charged with murder and their trial resulted in a hung jury and the charges were dismissed.

ROCKY HISTORY OF IMPLEMENTATION OF REFORMS

The implementation of the CASA reforms has been very difficult at times over the past 10 years. Severe setbacks were found by the monitor. Two such times were when the federal monitor reported APD was on the brink of “catastrophic failure” and when APD failed to investigate 667 Use of Force cases.

ON THE BRINK OF A CATASTROPHIC FAILURE

October 6, 2020, Federal Monitor Ginger told Federal Judge James Browning, who oversees the case, this in open  court:

“We are on the brink of a catastrophic failure at APD. … [The department] has failed miserably in its ability to police itself. … If this were simply a question of leadership, I would be less concerned. But it’s not. It’s a question of leadership. It’s a question of command. It’s a question of supervision. And it’s a question of performance on the street. So as a monitor with significant amount of experience – I’ve been doing this since the ’90s – I would have to be candid with the Court and say we’re in more trouble here right now today than I’ve ever seen.”

In his 12th Federal Monitors Report filed with the Court on November 2, 2020 and covering the period of February 1, 2020 to July 31, 2020, Independent Monitor James Ginger wrote a scathing condemnation of APD’s ability to police itself and hold officers accountable when they improperly used force. Ginger reported:

“[The federal monitor] identified strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.” 

During this reporting period, the monitoring team often found in its reviews of management and oversight practices, a near myopathy at APD when it comes to assessing actions in the field against the requirements of APD policy and the CASA. Supervisors and command level personnel have a deleterious tendency to ignore the requirements of policy and training, and at times to even support processes to hide or circumvent internal systems designed to ensure compliance to established policy.
…

Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor reports he see actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.” 

Supervision, which includes Lieutenants and Sergeants in the union, needs to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.” 
…

Most importantly, line officers need to engage in actions as designed by policy, law, and best practice, not past customs.

FAILURE TO INVESTIGATE 667 POLICE OFFICER OF USE OF FORCE CASES

On February 26, 2021 the External Force Investigation Team (EFIT) was created by an agreed court order after the Federal Monitor found that APD intentionally did not investigate 667 Police Officer of Use of Force cases.  The Court Order was agreed to by the City and APD after the Department of Justice made it know it was prepared to seek “Contempt of Court” for willful violation of the CASA and seek sanctions against the city and APD.

The EFIT is an outside team of experienced law enforcement investigators on contract with the city that was responsible for training APD’s Internal Affairs Force Division (IAFD) on how to properly investigate use-of-force cases.  Independent Monitor James Ginger was highly critical of APD creating a backlog of 667 Use of Force Cases saying it had “failed miserably in its ability to police itself.” Another function of EFIT was to clear the backlog of cases.

In July 2021, the EFIT began training the Internal Affairs Force Division to investigate use-of-force cases, making sure they meet deadlines and follow procedures.  The EFIT team has since turned investigations back over to APD, paving the way for it to reach full compliance.

REFORMS ACHIEVED UNDER THE CASA

On November 16, 2024, it was a full 10 years that expired since the city agreed to  the CASA with the DOJ. It was originally agreed that implementation of all the settlement terms would be completed within 4 years. Because of delay and obstruction tactics by APD management and the police officers’ union which was found by the Federal Monitor it has taken another 5 years to get the job done.

After over 10 full years, the federal oversight and the CASA have produced results. Reforms achieved under the CASA can be identified and are as follows:

• New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
• All sworn police officers have received crisis management intervention training.
• APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
• The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
• Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
• “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
• APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
• APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
• The Repeat Offenders Project, known as ROP, has been abolished.
• Civilian Police Oversight Agency has been created, funded, fully staffed and a director was hired.
• The Community Policing Counsels (CPCs) have been created in all area commands.
• The Mental Health Advisory Committee has been implemented.
• The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow procedures.
• Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
• APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
• APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
• The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
• APD has attained a 100% Primary Compliance rate, a 100% Secondary Compliance rate and a 99% Operational Compliance rate.

APD BRIBERY AND CORRUPTION SCANDAL

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 accept bribes and dismiss DWI cases.

Over the last year and four months, 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.

A total of nineteen (19) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III.  Fifteen APD Officers, three Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

Five APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to taking bribes.  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. Clear has been disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court.

COMMENTARY AND ANALYSIS

The “Motion To Terminate” has been expected for some time and should not come as any surprise. The truth is APD was expected to be found in compliance after the 19^th Federal Monitors report came out saying APD fell 2% short of being in full Operational Compliance and at 100% Primary and Secondary Compliance.

What called into question if APD would finally reach compliance and the case dismissed, at least in the public’s mind, was the DOJ and the FBI investigation into allegations that DWI officers took bribes to miss court dates which led to hundreds of pending DWI cases being dismissed by the Bernalillo County District Attorney’s Office.

It turns out that the biggest corruption scandal in the history of  APD did not even merit an acknowledgement nor a mention by the Federal Monitor in his 19^th, 20th or 21st monitor’s reports. What is truly  down right pathetic is that for the past 10 years APD management and the entire APD department was supposed to be the under the watchful eye of the Department of Justice, the Federal Court and a Federal Monitor, yet the bribery and conspiracy scandal to dismiss DWI cases ostensibly went totally undetected by the Federal Monitor over the last 10 years during which it occurred.

Under Secondary Compliance, the Federal Monitor and his so-called team of experts were required to review supervisory, managerial and executive practices and the enforcement of policies among field personnel and how they were held accountable by management and executive levels for wrongdoing. Accepting bribes to get cases dismissed has never been a policy of APD. No doubt the monitor will argue it was not his job to ferret out scandal, nefarious or illegal conduct of APD officers other than use of force and deadly force, but that sure damn well was the responsibility of the Department of Justice.

Despite all that has been accomplished by the CASA as noted above, the public perception is that the DOJ reform process really has not accomplished much other than making the Federal Monitor a wealthy man.

Excessive use of force and deadly by APD is what brought the Department of Justice to this City in the first place and damaged APD’s reputation to a great extent. The reforms were an attempt to restore public confidence in APD to an extent.

There is absolutely no doubt that APD’s reputation has been trashed to a major extent by APD’s history of excessive use of force and deadly force as well  by the corruption, bribery and DWI dismissal scandal. APD is viewed by many as nothing more than a bastion of “violent, dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is little doubt that the killings of civilians and the bribery corruption scandal has shaken the public’s faith in our criminal justice system and APD to its core. The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in corruption and wrongful death actions are held accountable. That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated, and they lose their law enforcement certification.

REVERTING BACK TO OLD WAYS OF DOING BUSINESS BIGGEST DANGER

The announcement that APD, after almost 10 years, is now in full compliance with the Court Approved Settlement Agreement (CASA) is long overdue and a major milestone for the beleaguered department plagued by scandal and corruption.

The implementation of all the reforms took over twice as long as was originally agreed. It required the expenditure of millions of dollars and oversight by an outside independent monitor.

The Federal Monitor and his team have been paid upwards of $13 Million for their services and reports. The city has also spent over $40 to implement the reforms.

The biggest risk is that APD leadership and management will become lazy or complacent as it has been in the past and allow APD rank and file to fall back into the old ways, habits and attitudes that created the “culture of aggression” in the first place.

The white peonies flower was my mother’s favorite flower, but I will get to that later.

Rose Fresques Dinelli was born on August 30, 1921 and she passed away on September 6, 1997 at the age of 76 after a five-year battle with breast cancer. Rose Fresques Dinelli left a legacy of love, family, character, compassion for others, and true courage in the face of adversity, struggles and even death. This is a son’s tribute to her.

On August 30, 1921 Rose Fresques was born in Chacon, New Mexico, and raised with 4 sisters and 3 brothers. Spanish was their first language. The family was “dirt poor” with the father Max Fresques being a “carpenter” by trade and a field laborer when he needed to support his family. When the depression hit, Rose remembered that her family would say “What depression, we’re already poor!”

During World War II, Rose saw her older brothers Fred and Alex Fresques go off to war and where they both saw action. During the war, Rose took off to California and worked on an airplane assembly line to help build US war planes. She worked as a “riveter” on the plane assembly line and she said she would laugh when people called her “Rosie the Riveter”.

“Harvey Girl’s” were trained at the Alvarado with dormitory facilities provided to young woman in need of work. A very young Rose Fresques Dinelli lived in the dormitory and was trained to be a Harvey Girl. Many years later, she would meet Paul Dinelli at the Alvarado Hotel. Rose and Paul were married and had 4 children, Vernon, Gail, Pete and Pauline. Paul went to a barber school in Denver, Colorado and returned to Albuquerque and built and opened a barber shop on 3rd Street north of Lomas in Albuquerque.

Rose returned to work as a waitress after Paul became seriously ill from a World War II service-connected disability. Rose was forced to close the barbershop in order to return to work. Rose initially supported the family of 5 on the minimum wage. Paul and Rose were married for 27 years before Paul passed. She never remarried. Rose Dinelli was a waitress for some 30+ years before she passed away on September 6, 1997 at age 76. Rose Dinelli passed away in the very same Mossman-Gladden home she had purchased with her husband Paul around 1962.

My mother Rose Fresques Dinelli supported a family of 5 and kept us together when my dad became 100% disabled from a WWII service-connected disability when I was around 12. Mother returned to work as a waitress working for minimum wage and tips to support the family. For a number of years, she had to work “split shits” from 11:00 am to 2 pm to work lunches and then working from 5:00 pm to 12:00 pm to work dinner hours.

My mother loved being a waitress for over 39+ years. Mother loved people and the restaurant industry! She was one of the most independent, hardworking, determined people I have ever known. Her family was everything to her. Sure, there was love, but just as important there was immeasurable respect for someone who sacrificed so much for her family. I have no doubt she lived the meaning of “woman’s liberation” many years before the term was ever coined. She was part of “America’s Greatest Generation” who lived through the Great Depression and World War II.

Mother worked at some of the best places in Albuquerque, including the Four Hills Country Club Restaurant, the Sundowner on Central West of San Pedro, Diamond Jim’s Restaurant in Winrock, the 4 Seasons Crystal Room located in the 4 Season Hotel. The last restaurant she worked at was Maria Teressa restaurant north of Old Town on Rio Grande. She helped open and then close Maria Teressa after working there for so many years. She often told me the restaurant business was one of the few places to work where you would always see people at their very best behavior and their very worst behavior in the manner of a few hours. She also said that a measure of a person is reflected on how they treat people who work with them and for them in the service industry.

It was not until many years later when I was an adult and after she had passed that I came to really appreciate how many young woman’s lives she had touched and influenced over the years and who she worked with at the restaurants. After she passed, many would approach me and tell me what she meant to them and had done for them. One woman in particular has opened a very successful restaurant in Albuquerque with her husband and she has told me of the many fond memories she had of “Rose”. What I found is that there were many times young, struggling woman would turn to mother for guidance and help who were struggling to make a living, some single moms, needing help handling a crisis in their personal lives and struggles. She treated many as she would her own daughters and looked out for them.

I remember Winrock Shopping Center growing up as a kid. My family lived on San Pedro north of Menaul in a red brick Mossman Gladden home across from Quigley Park. My mother worked as a waitress at Diamond Jim’s Restaurant at Winrock until the day it was closed. A branch of First National Bank was in the North area outside the mall with a Safeway Grocery store and a Value House Jewelry Store.

Many years later, when I was an adult and running for Mayor in 1989, I ran into a teller who retired from the bank and who was working at a retail store. She asked me in an affectionate tone of voice if I was the son of the “ones” lady. I looked at the woman very puzzled. She knew I did not understand. She then told me she knew my mother simply as Rose. They had become friends when she was a bank teller at First National Bank. She said my mom would deposit her tips daily from her job as a waitress at Diamond Jim’s when she worked “split shifts”, the lunch and dinner shifts. All of her tips were always in one-dollar bills. Bank tellers who did not know my mother by name would call her the “ones” lady.

The white peonies flower is my mother’s favorite flower of all time. The peonies has the sweet smell of a rose when it blooms only once a year. My mother had a very large group of peonies “bulbs” in her back yard she catered to for years at the very house where we grew up. In late October, 1997 after she passed, I remember one very rainy, muddy and cold night going to her home and digging up the cluster of bulbs. I took the cluster of bulbs and ball of dirt transplanting the bulbs in the front of our home. I had serious doubt the plants would live. To our delight, my mother’s flowers survived the winter transplant, grew and on Mother’s Day, May 12, 1998, the white peonies were in full bloom as they have done each year around Mother’s Day!

My mother instilled in me the importance of getting an education, honesty, integrity, hard work, the true meaning of family and the meaning of character and courage in the face of adversity and doing what is right in life. I talk to my mother every day and thank her for what she did for our family and for me over the years.

HAPPY MOTHERS DAY ONE AND ALL! GIVE YOUR MOMS A BIG HUG AND A KISS

On June 15, 2020 Mayor Tim Keller announced the creation of the Albuquerque Community Safety Division (ASC). It is a third department of first responders that serves alongside the Albuquerque Police Department (APD) and the Albuquerque Fire Rescue Department (AFRD) to deliver a civilian-staffed, public health approach to safety.

The department was created to change the way Albuquerque handles public safety calls for service and to move resources away from armed police response as a one-size-fits-all answer. Albuquerque Community Safety (ACS)  includes trained professionals such as social workers, housing and homelessness specialists, violence prevention and diversion program experts. The department give 9-1-1 dispatch an option when a community safety response is more appropriate than a paramedic, fire-fighter, or armed police officer.

The FY/26 proposed General Fund budget for Community Safety is $17.9 million. The F/Y 26 proposed budget for ACSD includes funding for a total of 140 full time employees (FTE) which is an increase of 9 FTEs over last years131 FTEs.

https://www.cabq.gov/mayor/news/mayor-tim-keller-to-refocus-millions-in-public-safety-resources-with-first-of-its-kind-civilian-response-department

WHISTLEBLOWER LAWSUIT FILED AGAINST ACS

On April 24, 2025, Channel 4 Investigates reported that a whistleblower lawsuit has been filed against the City of Albuquerque and its ACS Division by Elaine Maestas, a former ACS Community-Oriented Response Assistance (CORA) responder.

Maestas alleges in her lawsuit that the Albuquerque Community Safety Division  misrepresented its working relationship with police, and retaliated against her when she spoke out when she worked as an ACS responder.  Maetas was a Community-Oriented Response Assistance (CORA) responder.  A CORA unit is a specialized team designed to “respond with a trauma-informed approach to educate on cycles of grief and healing while connecting people to service providers and resources. ” In  her lawsuit Maestas claims ACS works  “hand-in-glove with Albuquerque Police Department.” 

Maestas said this:

“There [were]… many calls where it was unnecessary for them [APD] to be there, [but they were anyway] and it really undermined the purpose of what the department was created to do.”

The lawsuit claims while out responding to a call for service, Maestas overheard a conversation between a police officer and another ACS employee about “roughing up ” a civilian and the ACS employee was prevented from engaging a person in crisis because the APD officer opted to make  for arrest. Maestas said when she spoke up about her concerns, leadership retaliated against her. Maestas said this:

“I found myself on an island. I felt alone many times. … I had a lot of high hopes for this department and the potential that it could offer the community. But I was pushed out.” 

Channe 4 Investigates asked Maestas’ attorney Laura Schauer Ives if the city deserves any leeway as Maestas worked for ACS as the department was just getting started. Schauer Ives said this:

“When you present a program and represent a promise to the public about how you’re going to handle situations in the future, that’s how you need to handle them. It’s not something that you get to work the kinks out on.”

NOT THE FIRST LAWSUITE FILED

Elaine Maestas became a Community-Oriented Response Assistance (CORA) responder after her sister was shot and killed by Bernalillo County Deputies in 2019. She said when she first joined ACS “It seemed like an answered prayer.”  Maestas moved to Missouri, giving up on New Mexico and saying her subsequent police accountability advocacy role had run its course saying  “[I] felt hopeless. Like, what’s going to change?”

 Maestas said this about her move:

“We miss our New Mexican roots, miss home. … It was not an easy, decision that I made. I’m going to try not to get emotional.” 

Maestas also sued Bernalillo County after her sister’s killing in 2019. She was awarded $4 million after a wrongful death lawsuit was settled with Bernalillo County.

KOB 4 Investigates asked if anyone from ACS would sit down for an interview. The following statement was sent:

“Albuquerque Community Safety (ACS) is a civilian-led department that provides trauma-informed, community-centered responses and does not engage in enforcement activities. While only about 1% of ACS field response calls in the past year resulted in a co-response with APD, we are grateful for APD’s partnership in ensuring safety for all involved.  In addition to field response, ACS’s specialty teams—including the Violence Intervention Program, Community Oriented Response and Assistance Team, and Opioid Education Team —work proactively with APD to address root causes of violence, substance use, and other crises through long-term community engagement. APD is a trusted partner in this work, and we are thankful for their ongoing collaboration with ACS and the community.”  

https://www.kob.com/new-mexico/4-investigates-acs-whistleblower-claims-department-misrepresents-non-police-responses/

ACS HITS  MILESTONE

On April 2, 2025, ACS announced it had reached the milestone of taking 100,000 calls for service since opening in 2021. In recent years, ACS has gone from handling 900 calls a month to handling 3,000 a month, becoming a 24/7 service and opening a standalone headquarters in 2024. Officials believe the surge is partly due to growing awareness of the department’s services and the diminishing stigma surrounding mental health support.

Despite thousands of calls being rerouted to ACS during that time, fatal confrontations between officers and those in crisis have continued. In recent years, APD officers have shot and killed several people, a fair number of whom were armed, during a behavioral health crisis. In February, an ACS worker called 911 after not being able to make contact with a man who was threatening suicide. When officers showed up, the man pointed an unloaded handgun at them and was fatally shot, according to police.

John Dodd, the clinical supervisor for ACS, explained that many individuals contacting their team are at a breaking point, unsure where to turn for help. He emphasized the department’s holistic and empathetic approach, which connects individuals to essential resources such as counseling, therapy, and psychiatric care. In response to this increased demand, ACS plans to hire more responders and has extended its training program from six weeks to three months. This adjustment ensures that responders are more experienced before engaging with individuals in crisis.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_27832522-fac2-4fdb-b928-e3495e5c91c5.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-community-safety-seeing-increased-calls/64364711

https://www.abqjournal.com/news/article_27832522-fac2-4fdb-b928-e3495e5c91c5.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-community-safety-seeing-increased-calls/64364711

COMMENTARY AND ANALYSIS

It is very troubling that a whistleblower case has been filed against the ACS department alleging APD is continuing to work calls for service that should be handled strictly by ACS.  By all accounts, ACS is reducing APD’s involvement with calls for service, but that may be only “public relations” claims, something that Mayor Tim Keller and his administration are known for and have perfected as Keller seeks his third four year term.