On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he witnessed two people getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.  In response to the gun fire, Medina admitted to taking off driving through a red light saying there was no oncoming traffic which was proven false by a surveillance video.

Driving through on coming traffic, Medina drove South through 3 lanes of traffic on Central and T-Boned a  gold colored 1966  Ford Mustang. The driver of the Mustang called for medical assistance himself and was then taken to the hospital in critical condition. The driver underwent 7 hours of surgery for his injuries. Neither Medina nor his wife sustained any serious injury.  Both vehicles were likely totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Chief Medina has yet to be charged with any traffic violations.

MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM

On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the entire car crash by heaping highly questionable praises on Chief Medina and not even mentioning the victim of the car crash by saying this in part:

“[Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina. … Whether it’s our city or the individuals that he helped or potentially the lives that he saved because of the shooting that was happening, we all owe him a debt of gratitude today.”

A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.”  

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this this in part:

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

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”  On March 27, it was reported that Chief Medina tried to visit the injured man in the hospital but was told by his family they did not want to see him. A spokesman for the the victims family attorney  said the victim’s family “were only informed an unidentified officer was trying to visit them, and on advice of their attorney they did not communicate with her or she.” 

EXTENT OF INJURIES TO OTHER DRIVER REVEALED

On March 11, this blog reported that Confidential sources revealed the identity of the driver of the Gold Mustang to be Todd Perchert who posted on his FACEBOOK page a photo of himself in a hospital bed with an oxygen tube in his nose. His post said this:

“Broken clavicle, scapula, 8 ribs, tube in lung, and stiches on head and ear. Plus epidural feeding pain meds to spine.

Thank you all for continued prayers.

Most likely will have surgery to put plates on ribs.

Had looked forward to Fox King and Country at Calvery this am …

Continued prayers appreciate.

Thank you!

Love”

The social media post and photo of the victim in the hospital was soon taken down most likely under advice of counsel. The FACEBOOK page is replete with numerous photos of the gold classic Ford Mustang as the proud owner travels the highways and outdoors of New Mexico reflecting great pride over ownership of the vehicle.

VICTIM OF CAR CRASH SPEAKS OUT

On March 27, Todd Perchert, who is age 55, along with his wife and his attorney held a press conference to discuss the February 17 car crash. It was revealed that the city has been placed on notice that a lawsuit for damages will be filed. All 3 had very sharp words for Mayor Tim Keller and Chief Medina.  Surprisingly,  Perchert proclaimed they are not calling for the Chief’s Medinas resignation, but are looking for accountability and compensation for all the injuries Medina inflicted. Perchert’s attorney says they have questions about why Medina stopped in the first place and without his lapel camera on. Perchert said the actions of Chief Medina have left him with life-altering injuries.

Todd Perchert  gave his version of the events. Perchert said on Saturday, February 17, he was cruising down Route 66 in his family heirloom car, a gold 1966 Ford Mustang. His plan was to head from the Route 66 Diner to a Mustang Club meetup at the Atomic Museum, but he never made it.  He said it was the perfect day for cruising in his 1966 Mustang.

Todd Perchert said he never expected his life would be turned upside down by APD Chief Medina. Todd Perchert said this:

“It was so fast I don’t think I had time to even brace for it. … As I approached the intersection of Central and Alvarado, I clearly recall seeing the green light before going through the intersection. Then all of a sudden, I saw a black truck come out of nowhere and slammed into me on the driver’s side. … The grille was mostly what I saw as I sat eye-level, and I remember the sound quite well.”

It has been confirmed by video of the accident that the grill of Harold Medina’s APD issued  truck slammed into his driver’s side in a spray of shattered glass and a shriek of twisted metal.

In the aftermath of the crash, Perchert said he was trying to get someone to call his wife and he said this:

“As the car came to a stop, I saw a woman step toward me and said I should call 9-1-1 which I did. At this point, the pain hit me. I couldn’t sit up and just leaned over the center console. Another woman came over and said I was bleeding while trying to talk with the emergency operator on the phone, I couldn’t breathe making it difficult to talk. …  I kept reiterating that I needed someone to call my wife who was out of town for work. At one point I looked down and realized even though everything in the car had flown all over the place, the bible I kept on the center console was what was propping up, it was squarely under my left hand, holding me up. That’s when I knew God was with me.

Perchert was crushed in the crash, and had  to be dragged out of the passenger side of his car. On his left side, he sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.  Perchert said this:

“Titanium plates have been put on all but the two top ribs, which was a seven-hour surgery. … [I have]  been in constant pain since the crash. … When I saw the actual video of the accident, I was like, surprised I came out with what I got. … I’ll have the metal in my chest for the rest of my life, so you know the bones could heal up…but any complications that could arise from that, I don’t know what’s going to happen.”

Danielle Perchert, Todd Perchert’s wife, said she was not in town at the time of the accident but on the East Coast for work as a first responder. She said she found out from police about her husband’s crash over the phone.  In an very emotional interview,  she had this blunt assessment of Chief Medina’s actions and a few choice words for Mayor Tim Keller:

“In my head, all I kept hearing was, ‘the police chief was running away, he was running away. He was running away. And my husband is injured because he was running away.  … My husband’s injuries due to the chief’s reckless disregard for the lives and safety of others were secondary and blown off as if no concern by the APD spokesperson, and the mayor.  To make things worse, the mayor praised the chief’s actions. That made me sick. … That behavior is not to be praised.”

Todd and Danielle Perchert said they were very upset to see Keller praising Medina directly after the crash during a press conference.  Danielle Perchert noted how Medina and Keller could be seen “smiling and hugging at the scene”  in one news report and, at some point, two officers could be seen opening the hood of the classic Mustang “checking out the engine like they were at a car show. … I couldn’t believe what I was seeing and hearing.” 

Danielle Perchert said their lives have changed and that they used to lead a very active lifestyle, and Todd had just begun training for half-marathons again.

“Rehabilitation will be a very long and very painful process. …  now he is in constant pain, and has limited mobility. … This is my family, you know, I’m sorry, but how would they have reacted if that was their spouse or someone in their family? Someone would have been held accountable.” 

The Percherts say they’re not asking for the chief to resign, but say they want accountability and compensation for Todd’s injuries.  The Perchert’s said the Mustang, which was passed down to Todd from his uncle, and then his father shortly before he passed away, was totaled in the crash. He had owned it for 12 years.

Private attorney James Tawney, with the law firm Tawney, Acosta & Chaparro P.C., said he is representing Todd Perchert in a lawsuit against the city of Albuquerque.  He said tort a claims notice to file suite has already been sent to the city. Tawney said  it’s too early to know how much financial compensation they will ask for, and what sort of measures would be suitable to hold Medina accountable. The Percherts and their attorney claim Medina violated multiple state laws and department operating procedures. Tawney also said in the aftermath of the accident, more should have been done by the city and police officials to see just how Perchert was recovering ostensibly by seeking information on his care and recovery.

Attorney Tawney for his part said they are seeking accountability from Chief Medina  and had this to say about damages and raised a few questions that need answering:

“There’s no amount of money that will put him back into the place that he was before this crash. … We have questions why [Chief Medina]  pulled over in the first place in an unmarked vehicle with his wife in the car without his lapel camera on. Officers have been disciplined and terminated for similar unsafe driving practices. …  I don’t know why the New Mexico State Police didn’t investigate this, as opposed to our police department. I mean, that’s the first question.”

They’re also questioning why APD is doing its own internal investigation, rather than having another agency look into it, and why Medina was not issued a ticket for the crash.

APD INTERNAL INVESTIGATION

APD officials say the internal investigation into the crash is ongoing and APD says a crash review board will decide whether the crash was preventable, and the internal investigation is ongoing to determine whether policies were followed during the entire incident. Based on those findings, the Superintendent of Police Reform will decide whether discipline is required. However, it will ultimately be Mayor Tim Keller who will decide if Medina should be disciplined. APD also said they would not speculate on the investigation’s outcome. Police are also still looking for the person who fired the gun.

Gilbert Gallegos, spokesperson for APD issued the following statement:

“We’re glad to see Mr. Perchert is recovering from his injuries. Because the internal investigation is on-going, we’re not going to speculate about the outcome. A crash review board will determine whether the crash was preventable, and the Internal Affairs investigation will determine whether policies were followed during the entire incident.  The Superintendent of Police Reform will decide whether discipline is required, based on those findings.”

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/albuquerque-metro/man-involved-in-crash-with-apd-chief-speaks-out/

https://www.kob.com/new-mexico/victim-of-crash-involving-apd-police-chief-demands-accountability/

https://www.abqjournal.com/news/injured-driver-in-crash-involving-apd-police-chief-says-his-life-has-been-turned-upside/article_37530d7e-ec6c-11ee-a836-778b13f8d225.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

APD Chief Harold Medina has admitted that he did not have his body camera on.  He has admitted that he ran a red light and T-boned another driver.  Surveillance video shows Medina cutting in between two other vehicles in oncoming traffic before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on. The video shows oncoming traffic with Medina first slowly inching between two vehicles and Medina then accelerates to a high rate of speed to cross to the South traveling lanes of Central and crashing into the driver’s side of the  Mustang that was traveling East on the South lanes of Central. Perchert is lucky to be alive and not killed at the time of  the accident.

CHIEF MEDINA NEEDS TO BE CHARGED WITH RECKLESS DRIVING

It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

 https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  The entire accident could have been avoided had Medina simply taken a right hand turn onto Central in traffic, but instead he likely panicked out of fear for himself and his wife and recklessly drove forward into on coming traffic and t-boned Todd Perchert.

Chief Medina has not been charged and no explanation has been given by APD as to why.  Supposedly the scene was secured, but even then standard operating procedures were not followed. Any other APD officer involved in such a crash they are the cause of injuring another would have been charge and immediately placed on administrative leave pending a full investigation.

MEDINA VIOLATED BODY CAMERA MANDATE

Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads in part as follows:

“A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section. Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;

(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;

(3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and

(4) establishing disciplinary rules for peace officers who:

(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;

(b) intentionally manipulate a body-worn camera recording; or

(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.

… .

Peace officers who fail to comply with the policies and procedures required to be adopted …  may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.

Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had.  There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures.

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation. Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following specific APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner(Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

The APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

It’s more likely than not that Chief Medina will not face any discipline, given he is a command level and Mayor Keller has called Medina “arguably the most important person right now in these times in our city.”  If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.  That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children.   The case resulted in a multimillion-dollar judgement against city.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

KELLER UNEQUIVICALLY ENDORSES CHIEF MEDINA BEFORE INDIVISIBLE NOB HILL PROGRESSIVE ACTIVISTS

This whole car crash incident and how it has been handled further erodes the credibility of Chief Medina and Mayor Tim Keller whose reputations have already been damaged to a great extent by the ongoing Federal Bureau of Investigation (FBI) of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases. As recently as Monday, March 25, Mayor Tim Keller was asked at a meeting of upwards 75 community, progressive activists known as “Indivisible Nob Hill”  how can the public have any faith and confidence in APD after the scandal and why he has not fired Chief Harold Medina. Keller’s defense of Medina was alarming and was unequivocal wherein he gave credit to Chief  Medina for bringing down the city’s crime rates and progress in  implementing the Department Of Justice reforms under the Court Approved Settlement Agreement. Mayor Keller made no mention of the February 17 car crash and made it clear that he has no intention of taking any action to remove Chief Harold Medina expressing 100% confidence in Medina.

FINAL COMMENTARY

It is downright disgusting that Mayor Tim Keller has tried to make out Chief Medina as some sort of a hero when he never confronted any one and in fact fled the scene out for self-preservation to himself and his wife.  It’s even more disgusting how Medina had the nerve to say “I was the victim of this traffic accident” when in fact he suffered no injuries as he put an innocent civilian in the hospital in critical condition.

Both Keller and Medina are an embarrassment to the city with Keller doing whatever he can to shield his appointed police chief from being held 100% accountable  for an accident that caused serious bodily injury to a law-abiding citizen.  The city council’s failure to vote for an independent investigation is a reflection that they simply want to ignore their oversight responsibilities of a department unable to police itself.

APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring a private citizen and sending him to the hospital. Chief Medina should be charged with Reckless Driving and be terminated “for cause” for the violations of APD’s Standard Operating procedures. The City Council should move immediately to remove Chief Harold Medina sooner rather than later given Mayor Tim Keller’s blind loyalty to a police chief he is not willing to remove for cause.

Links to previous and related blog articles are here:

https://www.petedinelli.com/2024/03/11/injuries-inflicted-to-mustang-driver-by-apd-chief-medina-in-february-17-car-crash-revealed-medina-admits-liability-reckless-driving-law-body-camera-law-and-sops-violated-by-medina-chief-m/

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

Former President Donald J. Trump is the first American President to be impeached twice and the first former president in American history to be charged with both state and  federal crimes in 4 separate criminal indictments in 4 separate states.  Trump has swept all of the Republican primaries and is now the presumptive 2024 Republican nominee for President.

This blog article provides a status report of the 4 criminal cases and the 2 civil case appeals. Following are the 4 criminal cases:

     1.  TRIAL ON NEW YORK STATE INDICTMENT ON BUSINESS FRAUD CHARGES TO BEGIN APRIL 15

This case is considered the weakest of the criminal cases and it will be the first to go to trial. Trump is accused of violating New York State law by allegedly agreeing to obscure a series of reimbursements to his former lawyer and fixer, Michael Cohen, who is the key witness against Trump in the case. Cohen made a $130,000 alleged “hush money” payment to adult film star Stephanie Clifford, known as Stormy Daniels, days before the 2016 election, in exchange for her silence about an alleged affair with Trump. Trump denies the allegations and says there was no affair.  Prosecutors accuse Trump of illegally portraying the reimbursements to Cohen as legal expenses.

The trial was scheduled to begin on March 25, but Trump’s defense attorneys moved to continue the trial after they complained about a recent deluge of nearly 200,000 pages of evidence from a previous federal investigation into the matter.  On March 25, Manhattan Judge Juan M. Merchan ordered that Donald Trump’s criminal trial will begin April 15.   Judge Merhcan ruled after tearing into the former president’s lawyers for what he said were unfounded claims that the hush-money case had been tainted by prosecutorial misconduct.  Barring another delay, the presumptive Republican nominee will be on trial as a criminal defendant in just three weeks.

https://apnews.com/article/trump-hush-money-trial-new-york-b8fb980a6ec745e918a13e676b7f1460

2. FULTON COUNTY 2020 ELECTION INTERFERENCE CASE

 Trump and 18 others are accused under Georgia’s Racketeer Influenced and Corrupt Organizations or RICO law of coordinating an effort to thwart proper certification of the state’s 2020 presidential election which Biden won. The investigation was launched after an infamous recorded phone call to Georgia Secretary of State Brad Raffensperger on Jan. 2, 2021, in which Trump pressed him “to find 11,780 votes.” Trump denies he did anything wrong.

On August 14, 2023, Trump and 18 codefendants were indicted in a 13 counts indictment.  The charges are:

• 3 counts of solicitation of violation of oath by public officer
• 2 counts of conspiracy to commit forgery in the first degree
• 2 counts of conspiracy to commit false statements and writings
• 2 counts of false statements and writings
• Violation of Georgia RICO Act
• Conspiracy to Commit Impersonating a public officer
• Conspiracy to commit filing false documents
• Filing false documents

Indictment Text: Read here

The Co-defendants named in the indictment are: Rudy Giuliani; John Eastman; Mark Meadows; Kenneth Chesebro; Jeffrey Clark, Jenna Ellis; Ray Smith; Robert Cheeley; Michael Roman; David Shafer; Shawn Still; Stephen Lee; Willie Floyd; Trevian Kutti; Sidney Powell; Cathleen Latham; Scott Hall; Misty Hampton

The nearly 100-page Georgia indictment details dozens of alleged acts by Trump or his allies to undo his defeat, including harassing an election worker, who faced false claims of fraud, and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of Electoral College electors favorable to Trump.

The Georgia case covers some of the same ground as the federal case in Washington brought by special counsel Jack Smith that charges Trump with conspiring to overturn his election loss in a desperate bid to stay in power. Trump is charged separately by Smith with hoarding classified documents at his Mar-a-Lago estate and thwarting government efforts to retrieve them.

GUILTY PLEAS   On September 29, defendant  bail bondsman Scott Graham Hall, pleaded guilty  in a plea deal with prosecutors and agreed to testify in further proceedings.

https://apnews.com/article/jeffrey-clark-georgia-federal-court-64183e3dc09d1f2e03fc4b4dab1c2bdb

In October, 2023  co-defendants Sidney Powell, Kenneth Chesebro and Jenna Ellis pled guilty to conspiracy charges just prior to jury selection. Powell was sentenced on Oct. 19 to six years of probation for conspiring to interfere with the performance of election duties while orchestrating a Coffee County elections system breach following the 2020 presidential election.

A day later, Chesebro’s plea deal was approved just of hours after several hundred prospective jurors completed a questionnaire for his trial. Chesebro admitted planning the alternate GOP elector scheme in order to prevent Biden from taking office in January 2021.

JUDGE DISMISSES SOME CHARGES

On March 13, Fulton County Superior Court Judge Scott McAfee quashed six counts in the indictment, including three against Trump, the presumptive 2024 Republican presidential nominee. The six challenged counts charge the defendants with soliciting public officers to violate their oaths. One count stems from a phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021, in which Trump urged Raffensperger to “find 11,780 votes.”

Another of the dismissed counts accuses Trump of soliciting then-Georgia House Speaker David Ralston to violate his oath of office by calling a special session of the legislature to unlawfully appoint presidential electors.

McAfee said the counts did not allege sufficient detail regarding the nature of the violations. McAfee wrote:

“The lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal. … They do not give the Defendants enough information to prepare their defenses intelligently.”

Judge McAfee left in place other counts,  including 10 facing Trump,  and said prosecutors could seek a new indictment to try to reinstate the ones he dismissed. The rest of the sweeping racketeering indictment remains intact.

The ruling is a blow for Fulton County District Attorney Fani Willis. It’s the first time charges in any of Trump’s four criminal cases have been dismissed, with the judge saying prosecutors failed to provide enough detail about the alleged crime. The sprawling indictment charges Trump and more than a dozen other defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO.

The case uses a statute normally associated with mobsters to accuse the former president, lawyers and other aides of a “criminal enterprise” to keep him in power after he lost the 2020 election to Democrat Joe Biden.  Defense attorneys applauded the ruling, which came after challenges to the indictment from Trump, former New York mayor and current Trump attorney Rudy Giuliani, former White House chief of staff Mark Meadows and attorneys John Eastman, Ray Smith and Robert Cheeley. They have all pleaded not guilty.

https://apnews.com/article/georgia-election-interference-2020-trump-46e0b68c25719c404130f7e6eab69dcd

SPECIAL PROSECUTOR RESIGNS

Fulton County District Attorney Fani Willis became embroiled in controversy when she was accused of having a romantic relationship with  top prosecutor attorney Nathan Wade who she appointed in the case.  Trump attorneys sought to disqualify Willis from the case.  After several days of extraordinary testimony, Superior Court Judge Scott McAfee heard arguments over whether Willis’ relationship with special prosecutor Nathan Wade amounts to a conflict of interest that should force them off the case. Attorneys for Trump and some of his co-defendants accused Willis and Wade of lying on the witness stand about when their relationship began, and told McAfee that keeping the district attorney on the case threatens to undermine the public’s confidence in the hugely consequential prosecution.

The link to a quoted news source is here:

https://www.cbsnews.com/news/trump-indictments-details-guide-charges-trial-dates-people-case/

https://apnews.com/article/fani-willis-trump-legal-arguments-georgia-0ede9d18ae072efd6d71f38ea4705beb

https://www.cbsnews.com/news/trump-indictments-details-guide-charges-trial-dates-people-case/

On March 15, special prosecutor Attorney Nathan Wade resigned and formally withdrew  from the Georgia election interference case against Donald Trump after Judge Scott McAfee ruled he had to leave the case or Willis couldn’t continue to pursue the charges.  Wade’s resignation allows Willis to remain on the most sprawling of four criminal cases against the presumptive Republican nominee in the 2024 presidential election.

Wade offered his resignation in a letter to Willis, saying he was doing so “in the interest of democracy, in dedication to the American public and to move this case forward as quickly as possible.”

An attorney for the former president said they respected the court’s decision but believe the judge “did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.”

https://apnews.com/article/georgia-election-indictment-fani-willis-trump-60b7dd9642fc9ef7c03d75980692334c

On March 23, Fulton County District Attorney Fani Willis said that her case against former President Donald Trump has not been delayed despite the distraction caused by her romantic relationship with the special prosecutor she hired to work on the case. Willis brushed off the idea of a delay in the trial because, throughout the investigation into her personal life, she said her team was working on the case against Trump “in the way that it needed to be done. … I don’t feel like we’ve been slowed down at all. …  I do think there are efforts to slow down this train, but the train is coming.”

3. FEDERAL INDICTMENT IN 2020 ELECTION INTERFERENCE CASE

On August 1, 2023 former President Donald Trump was charged by federal Special Counsel Jack Smith with the following 4 crimes:

• Conspiracy to Defraud the U.S.
• Conspiracy to Obstruct an Official Proceeding
• Obstruction of and Attempt to Obstruct an Official Proceeding
• Conspiracy Against Rights

Of all the cases, this is the one that is considered the most serious. Trump is accused of participating in a scheme to interfere with the peaceful transfer of power after he lost the 2020 election to now-President Joe Biden. The indictment accuses Trump and six unindicted, unnamed co-conspirators of knowingly spreading lies that there was widespread “fraud in the election and that he had actually won,” ultimately leading to the Jan. 6, 2021 attack on the Capitol. Trump denies all wrongdoing.

All 4 federal charges relate to Trumps efforts to obstruct or stop the January 6, 2021 congressional certification of President Joe Biden’s election victory.  The indictment describes how Trump repeatedly told supporters and others that he had won the election, despite knowing that it was false, and how he tried to persuade state officials, then-Vice President Mike Pence and finally Congress to overturn the legitimate results.

After a weekslong campaign of lies about the election results, prosecutors allege that Trump sought to exploit the violent rampage at the Capitol by pointing to it as a reason to further delay the counting of votes that sealed his defeat.  In their charging documents, prosecutors referenced a half-dozen unindicted co-conspirators, including lawyers inside and outside of government who they said had worked with Trump to undo the election results and advanced legally dubious schemes to enlist slates of fake electors in battleground states won by Biden.

Trump has pleaded not guilty to the 4 charges and has defended against them by saying he has Presidential Immunity for his action of January 6, 2021 and his efforts to stop the certification of election results were within his powers and authority as president. The Trump campaign has called the charges “fake” and asked why it took 2 1/2 years to bring them.

On February 6, 2023, the  federal appeals court ruled  that Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency, flatly rejecting Trump’s arguments that he shouldn’t have to go on trial on federal election subversion charges. The judges made it clear that Trump’s actions could be prosecuted in a court of law.

The judges cited the public interest in accountability for potential crimes committed by a former president, and how that overcame Trump’s argument that immunity was necessary to protect the institution of the presidency. They flatly rejected Trump’s claim that his criminal indictment would have a “chilling effect” on future administrations.

https://www.npr.org/2023/12/22/1221334637/supreme-court-trump-immunity

https://www.cnn.com/2023/12/11/politics/special-counsel-trump-jack-smith/index.html

https://www.cnn.com/politics/live-news/trump-court-ruling-immunity-election-subversion-prosecution/index.html#:~:text=A%20federal%20appeals%20court%20on,on%20federal%20election%20subversion%20charges

Trump appealed the to the United States Supreme Court the Court of Appeals decision that he is not immune from prosecution and seeking a “stay of the criminal case” by the Supreme Court until  they render a decision.  A key part of Trump’s legal strategy has been to delay his criminal cases until after the 2024 election.

In response to the Trump appeal and the request to place a hold on the proceedings, Special Council Jack Smith filed a request to treat the Trump stay application as a petition for a writ of certiorari and to treat the case in an expedited manner.

On Wednesday, February 28, the US Supreme Court granted CERTIORARI and agreed to hear the case and issued an expedited scheduling order for briefing.  The order states in part:

“The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question:

Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

The case is set for oral argument during the week of April 22, 2024. The Supreme Court is expected to rule within an matter of weeks after April 22.

4. FEDERAL INDICTMENT ON CLASSIFIED DOCUMENTS CHARGES IN FLORIDA

Trump is accused of keeping classified documents after leaving the White House and storing them “in various locations at The Mar-a-Lago Club including in a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room” according to the indictment. He is also accused of a “scheme to conceal” that he had kept those documents. Trump denies all  wrongdoing. 

Where: U.S. district court, Fort Pierce, Florida

Judge: U.S. District Judge Aileen Cannon

Lead prosecutor: Special counsel Jack Smith

Lead defense attorneys: Todd Blanche, Christopher Kise

Co-defendants: Walt Nauta, an aide to Trump, and Carlos De Oliveira, a property manager at Mar-a-Lago

Indicted: June 8, 2023; superseding indictment returned July 27, 2023

Indictment Text: Read here

Charges: 40 counts in all, including:

• 32 counts of unlawful retention of national defense information;
• One count of conspiracy to obstruct justice;
• One count of withholding a document or record;
• One count of corruptly concealing a document or record
• One count of concealing a document in a federal investigation
• One count of scheme to conceal
• One count of false statements and representations
• One count of altering, destroying, mutilating or concealing an object
• One count of corruptly altering, destroying, mutilating or concealing a document, record or other object

Arraigned: June 13, 2023; Aug. 10, 2023

Plea: Not guilty

Scheduled trial: May, 2024

Case Status: Special counsel Jack Smith has been leading two federal probes related to Trump, both of which have resulted in charges against the former president. The first charges to result from those investigations came in June when Trump was indicted on charges he mishandled top secret documents at his Florida estate. The indictment alleged that Trump repeatedly enlisted aides and lawyers to help him hide records demanded by investigators and cavalierly showed off a Pentagon “plan of attack” and classified map.

 CIVIL JUDGEMENT CASES ON APPEAL

While Trump is preoccupied with the 4 criminal cases, he has also suffered major set back in his 2 major civil cases with over $530 million in civil judgements rendered against him. Trump is appealing both cases.

1. NEW YORK STATE VS. TRUMP ORGANIZATION

The civil lawsuit from New York Attorney General Letitia James, a Democrat sought  $370 million from Trump and the other defendants including his two sons.  The figure was originally $250 million. James alleged that Trump filed fraudulent financial statements that allowed him to obtain loans and insurance at more favorable rates. The trial lasted over 11 weeks.

On February 17, Judge Arthur Engoron hit Donald Trump with the  biggest punishment against him to date. Judge Engoron fined the former president $355 million for fraudulently inflating the values of his properties.  Engoron found Trump liable for fraud, conspiracy and issuing false financial statements and false business records, and he barred him from serving as director of a company in New York for three years. But while he stopped short of dissolving the Trump Organization altogether, Engoron issued a blistering 93-page opinion that painted the former president as unremorseful and highly likely to commit fraud again.

On February 25 Trump appealed the  New York judge’s order requiring the former president to pay $355 million plus interest, resulting in a total judgment of $454 judgment,   in the civil-fraud case that has put the future of his real-estate business at risk. Not withstanding the appeal, Trump was initially required to post the full $454  million as bond for the appeal.

https://www.cnn.com/politics/live-news/trump-civil-fraud-trial-decision-02-16-24/index.html

APPEALS COURT REDUCES BOND

On March 25, the  New York appeals court agreed to hold off collection of former President Donald Trump’s more than $454 million civil fraud judgment if he posts $175 million within 10 days.  If Trump does, it will stop the clock on collection and prevent the state from seizing the presumptive Republican presidential nominee’s assets while he appeals. The appeals court also halted other aspects of a trial judge’s ruling that had barred Trump and his sons Eric Trump and Donald Trump Jr., the family company’s executive vice presidents, from serving in corporate leadership for several years.

In all, the order was a significant victory for Trump as he defends his  real estate empire. The development came just before New York Attorney General Letitia James, a Democrat, was expected to initiate efforts to collect the judgment. Trump, who was attending a separate hearing in his criminal hush money case in New York, hailed the ruling and said he would post a bond, securities or cash to cover the $175 million sum in the civil case. Speaking in a courthouse hallway, Trump revisited his oft-stated complaints about civil trial Judge Arthur Engoron and the penalty he imposed.

James’ office, meanwhile, noted that the judgment still stands, even if collection is paused. James said this:

“Donald Trump is still facing accountability for his staggering fraud.”  

Trump’s lawyers had pleaded for a state appeals court to halt collection, claiming it was “a practical impossibility” to get an underwriter to sign off on a bond for such a large sum, which grows daily because of interest. The Trump attorneys had earlier proposed a $100 million bond, but an appellate judge had said no late last month.   Monday’s ruling came from a five-judge panel in the state’s intermediate appeals court, called the Appellate Division, where Trump is fighting to overturn Engoron’s Feb. 16 decision. Trump attorneys Alina Habba and Christopher Kise characterized Monday’s ruling as a key first step.

https://www.gainesvilleregister.com/news/court-agrees-to-pause-collection-of-trumps-massive-civil-fraud-judgment-if-he-puts-up/article_9c1083a8-5ffb-5c19-8aaa-652f379f98c1.html

$175 MILLION BOND POSTED

On April 2, it was reported that former President Donald Trump has posted a $175 million bond as he appeals the judgment against him in the New York civil fraud case brought by state Attorney General Letitia James. Trump’s bond pauses any action that James could take against Trump’s properties in response to the judgement until at least September, when the state appeals court also set a schedule to hear his appeal of the $464 million verdict against him. The bond is underwritten by Knight Specialty Insurance, a California-based insurance company, but the court document does not list the collateral that Trump used to secure the bond.

https://www.cnn.com/2024/04/01/politics/trump-bond-civil-fraud-trial/index.html

https://www.cbsnews.com/news/trump-posts-175-million-bond-in-new-york-fraud-case/

2.  $83 MILLION CIVIL VERDICT AGAINST TRUMP FOR DEFAMATION

A longtime advice columnist, E. Jean Carroll wrote a story in New York magazine in 2019 accusing Trump of sexually assaulting her in a department store dressing room in the mid-1990s. Trump, who was president at the time, immediately denied the allegations, calling Carroll a “whack job” and claiming he had never met her. He would go on to repeat similar denials in public appearances, social media posts and even in court, a pattern cited by Carroll’s attorneys during the trial.

Carroll filed 2 defamation lawsuits over comments Trump made in 2019 and 2022, arguing his disparagements ruined her reputation and subjected her to endless streams of threats. In the trial to resolve Carroll’s first suit in May 2023, a jury found Trump liable for defamation and sexual abuse and awarded Carroll $5 million.

Before the second trial got underway, the judge ruled that Carroll was telling the truth about the assault, and that Trump’s statements denying her claims were defamatory. The jury was tasked only with deciding what damages Carroll was entitled to receive.

The jurors’ $83 million decision came just days after Trump won the New Hampshire primary, solidifying his status as the front-runner to become the Republican presidential nominee.

On January 26, a jury awarded a judgment in the amount of $83.3 million against Former President Donald Trump in damages for defamatory statements he made denying he sexually assaulted the writer E. Jean Carroll, handing down a stunning verdict after less than three hours of deliberation.

The jury awarded Carroll $18.3 million in compensatory damages, and $65 million in punitive damages. The compensatory amount included $11 million for repairing her reputation, and $7.3 million for emotional harm.

Carroll’s attorneys asked the jury to award $24 million in compensatory damages. The punitive amount, lawyer Roberta Kaplan said, should be enough to “make him stop” defaming her client.

After the verdict was read aloud in federal court in lower Manhattan, Carroll emerged from the courthouse smiling and flanked by her legal team. She declined to speak to a crush of cameras and reporters assembled outside, but issued a statement later, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.”

https://www.cbsnews.com/news/trump-e-jean-carroll-trial-closing-arguments-courtro

$91 Million Bond Posted

On March 8, Attorneys for former President Donald Trump filed official notice of appeal of  the $83 million defamation verdict awarded to writer E. Jean Carroll  and  posted  a $91 million bond needed to keep her from collecting while the appeal plays out. The lawyers asked the judge in a court filing for an order approving the $91,630,000 bond and staying execution of Carroll’s judgment.

The terms of the bond  and how much money or collateral Trump put down  are unclear. The source of the bond is the Federal Insurance Company, a corporation authorized to transact business in New York. It is based in Chesapeake, Virginia and New Jersey and the company appears to be a subsidiary of Chubb Insurance Company. The document is signed by the former president.

The filing came as a surprise because Trump’s lawyers have repeatedly asked the judge for more time to post the bond and to reduce the amount. The bond was needed to prevent Carroll from moving to collect on the judgment during the pendency of the appeal, which could take months or even years. It’s greater than the amount of the actual verdict to account for New York’s 9% annual interest rate.

https://www.nbcnews.com/politics/donald-trump/trump-posts-91-million-bond-appeal-e-jean-carroll-case-rcna142462

TRIO OF COURT RULINGS 

On April 3 and 4,  three judges rejected attempts by  former President Trump to toss out or further delay his criminal cases, delivering a blow to the GOP frontrunner barreling closer toward his first criminal trial. Trump’s legal team has tried relentlessly to push off his four criminal indictments until after the 2024 presidential election or dismiss them altogether. Trump has had success in delaying his four criminal indictments, injecting uncertainty into his legal calendar, but the 3  rulings  allow his trial proceedings, at least for now, to continue.

On April 3,  the judge overseeing Trump’s 2016 hush money case denied a Hail Mary attempt to delay the start of his case, which is currently set to begin on April 15. Trump’s New York criminal case, which was originally set to begin on March 25, could be the only one to wrap up before November. Trump, who has denied wrongdoing across his indictments, had made more than half a dozen requests to postpone his New York trial’s start date and all have been denied.

On April 4, the Florida judge overseeing Trump’s classified documents case rejected his bid to throw out the case on grounds that he is immune from charges because of the Presidential Records Act.

On April 4,  the judge overseeing his Georgia 2020 election case also rejected a motion from the former president’s legal team to dismiss the case on First Amendment claims.

 COMMENTARY AND ANALYSIS

As it stand now, the 4 criminal cases will proceed through to the Republican nominating convention with an overlap of legal and political calendars with no precedent in American politics.  Even if he were to be convicted in the federal criminal cases, which are the strongest cases, top Republican party leaders and many Republican voters have indicated they will stand by Trump. Trump and his allies have always pushed  to dismiss and delay the trials and have worked with state parties to craft rules favorable to him.

With all of Trump’s legal problems and the 4 criminal cases looming large, the most baffling question is whether any conviction will make any difference, especially to Republicans?  Trump himself has said that even if convicted, he intends to press on with his campaign. If in fact convicted of any of the charges and elected, the country will be dealing with the first sitting President of the United States who be sitting behind bars in either a state or federal prison.

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

The 5 cops implicated have been identified as Officers Honorio Alba, Joshua Montaño, Nelson Ortiz, Harvey Johnson and Lt. Justin Hunt and all were placed on paid administrative leave pending an APD Internal Affairs investigation of the scandal.  The FBI searched the homes of Alba and Johnson and the law offices of Thomas Clear III and the home of Clear’s paralegal Ricardo “Rick” Mendez.

The US Department of Justice and US Attorney’s office have confirmed the APD police officers and the criminal defense attorney are at the center of a federal investigation involving the dismissal of hundreds of pending DWI criminal cases by the APD Officers ostensibly for some sort of remuneration to have the cases dismissed.

RESIGNATIONS ANNOUNCED

All 5 APD Police officers implicated in the scandal have now resigned during the Internal Affairs investigation. The names and dates of the first 4 resignations are:

On Feb. 7, 2024 Justin Hunt, who started at APD in 2000, resigned.

on Feb. 29, 2024, Honorio Alba, who started at APD in 2014, resigned

On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned

On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned.

When the resignations of all 4 of officers occurred, they were simply announced by APD spokesperson Gilbert Gallegos. The contents of the resignations were never made public.

5^TH APD OFFICER RESIGNS RELEASING LETTER OF RESIGNATION

On March 20, it was announced that Joshua Montaño, the most high profile of the 5 police officers implicated in the scandal has resigned. Montaño is and 18-year veteran of the department having joined APD in January 2005 and has served on the DWI unit since 2015. Montaño quit days after being asked to give a statement and be interviewed Internal Affairs for the investigation triggered by allegations of corruption within the DWI unit in the past decade.

The letter of resignation was sent to Police Reform Superintendent Eric Garcia on March 20.  Montaño’s resignation letter is the only one that has been shared by APD to the news media. Montaño resignation is decidedly different from the resignations of the other 4 in that he wrote the letter of resignation and it was then released to the press. Montaño and his defense attorney in the Internal Affairs Investigation then gave interviews. You can read the full resignation letter in the post script to this blog article.

In the first segment of his resignation letter, Montaño gets very emotional and talks about how he “fell in love” with APD, risked his life “on numerous occasions” and did “great and amazing things” for his community as an officer.  Montaño wrote he was “all but abandoned” by APD after he was seriously injured in a crash with a drunken driver in 2022. He wrote that he then found “comfort and support” from his fellow officers in APD’s DWI Unit. Montaño wrote “They were my family because they cared for me when others didn’t and they supported me when others wouldn’t. … However, that support came with a high price and on January 18, 2024, I found out what the cost of that support really meant.” January 18, 2024 was when the FBI raided the homes of the 3 police officers.

The most damning portions of Montaño’s  resignation letter are as follows:

“When I was put on administrative leave, I thought there would be an opportunity for me to talk to the department about what I knew regarding the FBI’s investigation. I thought there would be a time where I could disclose what I knew from within APD and how the issues I let myself get caught up in within the DWI Unit were generational. I thought there would be a time where I could talk about all the other people who should be on administrative leave as well, but aren’t.

That opportunity was denied to me though. As I know my lawyer has explained in all his letters to the City, in order for me to talk to the City about what I knew, I needed to not be the City’s scapegoat for its own failures. Instead, Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Courtis watched over and monitored.

I take responsibility for my actions. However, APD’s investigations of me have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set. Therefore, I have no choice but to hereby resign from my position with APD. As I mentioned at the beginning of this letter, I fell in love with this department nearly19 years ago and this is such a difficult moment for me. I do not waive any of my earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department.”

APD Spokesman Gilbert Gallegos reported that Montaño was given 4 opportunities to be interviewed in scheduled interviews with Internal Affairs investigators. He said Montaño missed every interview, and then resigned.  Grover, Montaño’s attorney, said despite the four requests for an IA interview, his client refused to be interviewed “under the conditions they presented.”

In response to the resignation letter, APD issued the following statement:

“Our administrative investigation remains ongoing and focuses on anyone, including officers who are now retired, who may have been involved in the alleged scheme.”

MONTAÑO’S DEFENSE ATTORNEY IN INTERNAL AFFAIRS INVESTIGATION OFFERS EXPLANTION

Private Attorney Thomas Grover, who is a retired former APD Officer, is representing Joshua Montaño in his defense in the Internal Affairs  Investigation and has not said if he is representing him in the Federal criminal investigation.  In an interview with the Albuquerque Journal  done after the release of his clients letter of resignation, Grover had this to say:

[The resignation letter shows the conduct] didn’t happen within a cell or a silo. … [My client’s decision not to give a statement to Internal Affairs when requested was]… absolutely not … [an admission of wrongdoing].  … My advice, my counsel, was, ‘You can’t give a statement. It’s patently unfair and inappropriate.’ … [APD’s Internal Affairs  inquiry was] inept because there was so much sloppiness in how they …  were issuing target letters. … Because of various defects in the city’s investigation, he was left with no choice but to resign. … Nothing that I’m saying discounts the expectations that the public has of police officers, but there’s even greater expectations of the agencies and departments that lead those officers to do proper and effective Internal Affairs investigations.”

Grover noted the public statements made by Chief Medina and Mayor Tim Keller after the sandal broke.  Both released statements in January when the story first broke. Mayor Keller for his part said this:

“This investigation involves a handful of long-time officers at APD, going back a decade; if true, what these individuals did is a disgrace to the badge, and erodes faith in law enforcement. APD leadership fully supports this investigation and continues to work with our partners to serve justice. Any individuals who engaged in this conduct will never work for the City again, and should be held accountable to full extent of the law. The department’s willingness to drive accountability, especially on its own, reflects how far we have come.”

Grover told the Albuquerque Journal:

“Here the city and APD’s command staff failed my client and, frankly, the citizens, with an investigation that was … irresponsible because of the public statements by Medina and Keller that essentially made these ‘investigations’ a sham with preconceived conclusions.”

APD spokesman Gilbert Gallegos responded to Grover’s comments  saying this:

“If the investigation was flawed, why did five officers resign?”

APD Spokesman Gallegos said the department is looking at others in its internal probe of DWI corruption allegations, including retired officers.

Links to quoted news sources are here

https://www.koat.com/article/fifth-albuquerque-officer-resigns-investigation/60270854

https://www.krqe.com/news/albuquerque-metro/fifth-apd-officer-resigns-amid-investigation-into-dwi-unit/

https://www.kob.com/new-mexico/fifth-apd-officer-resigns-amid-investigation-into-dwi-unit/

https://www.abqjournal.com/news/fifth-albuquerque-police-officer-submits-resignation-letter-amid-dwi-inquiry/article_9927b9c8-e7bc-11ee-a005-9b720a42d9f3.html

MONTAÑO CAUGHT ON TAPE MAKING HIDEOUS SHAKEDOWN

On February 22, it was widely reported that APD lapel camera video as well as a recording by a victimized citizen gave insight to some extent into just how the APD DWI dismissal and bribery scheme worked with the defense attorney.  The lapel camera video and private citizen recording involved APD Joshua Montaño and combined give insights in a hideous shake down of an innocent citizen by APD Police Officer Joshua Montaño .

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

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

TAPED RECORDING INTEREACTIONS

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

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

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

Smith replied: “Yes sir.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Links to quoted news sources are here:

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

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

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

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

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

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

COMMENTARY AND ANALYSIS

The FBI investigation, which involves the U.S. Department of Justice, has yet to result in any criminal charges nor indictment. What agents found and their rationale for the searches remain under seal. It is likely the FBI and the United States Attorneys Office will view Joshua Montaño’s letter of resignation as an admission against interest or  an admission of guilt by former Police Officer Joshua Montaño. Now that the letter has been made public, there is little doubt  federal authorities will likely use it as leverage against Montaño to secure his complete cooperation against the others implicated in the scandal.

Do not be surprised if the Feds offer Joshua Montaño immunity from prosecutions in exchange for whatever information he has, especially on Chief Harold Medina and his upper command staff. Least anyone has forgotten, Chief Medina was the Deputy Chief of Field Services under Chief Geier and as such had direct supervisory control over the DWI unit and could have easily have know what was going on and gave his blessings on cops not showing up for court hearings.

Montaño’s letter of resignation is astonishing, damning and sweeping in its scope on a number of levels that the federal authorities will demanding explanations and elaboration from Montaño:

• Montaño proclaims he let himself  “get caught up in the actions  within the DWI Unit  that were generational”  and  claims he is being made a scapegoat for the city’s failures. Montano worked in the DWI Unit for 10 years and likely can name names of supervisors involved with any cover up.
• Montaño alleges in his resignation letter that APD’s leadership knew about the misconduct within the DWI unit but does not say how and for how long. He says “Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of [the] allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago.”
• Montaño says he wanted to talk about all the “other people who should be on administrative leave as well, but aren’t” yet does not identify who they are in his letter. He asserts none of allegations against himself or others in the DWI Unit happened without supervisory knowledge.  He claims during the time he has been a DWI Officer all officers conduct was watched over and monitored.
• Montaño says he was denied the opportunity to talk about the events, yet he himself declined to be interviewed at least 4 times proclaiming it was not a fair process.
• Montaño proclaims APD’s investigations of himself have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set.
• Montaño alleges other, unidentified APD personnel were involved going so far as saying “None of (the) allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago.”

Although in the last paragraph Montaño writes “I take responsibility for my actions” and said it was “such a difficult moment for me” he offers absolutely no apology to the citizens of Albuquerque in general for what he and the other officers did by taking  bribes to get DWI cases dropped and no apology to the citizens, such as Carlos Sandoval Smith, he shook down in the scheme.

It is not until the final sentence of Officer Joshua Montaño’s resignation letter that his  real motives for it are fully revealed. He writes that he did not waive his employee benefits, listing out “earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department.”  Under the city’s personnel rules and regulations as well as the APD police union contract earned and accrued sick, vacation, or comp time can be accumulated and become vested property rights upon being earned.

It very common for retiring police officers to have anywhere between a full one year to two years of earned and accrued sick, vacation, or comp time that must be paid in full in payments or in a single lump sum which can be in the hundreds of thousands of dollars.

The argument that Mayor Tim Keller’s and Chief’s Medina’s statements about the officers when the scandal broke some how “taints” the investigation and makes the “investigations” a sham with preconceived conclusions can only be considered defense  posturing to lay or shift  blame elsewhere for the criminal conduct and the accusation should not be taken all seriously by the public. Under the city personnel rules and regulations and the union contract especially, police officers personnel rights and appellate remedies are highly protected and vested. No APD Chief and no Mayor can order nor dictate the findings nor outcome of any Internal Affairs Investigations for misconduct without violating the law and being accused of obstruction of justice. 

IMPACT ON MAYOR TIM KELLER

Mayor Tim Keller has already indicated he is running for a third term in 2025. Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal and they seem joined at the hip. They admit that the APD bribery and conspiracy scheme went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both admitted that only after they found out the FBI was investigating APD, the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD first got a complaint related to the department’s DWI unit in December 2022, yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the white knight state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Both have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been seven audits in eight years documenting the corruption, waste, fraud and abuse in police overtime.

BASTION OF “DIRTY AND CORRUPT COPS”

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

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

Ultimately, it is Mayor Tim Keller and Chief Harold Medina who need to be held accountable with what has happened. Mayor Tim Keller and Chief Harold Medina must ultimately be held accountable and take full responsibility for failed leadership of APD and this most recent  APD scandal.  Mayor Tim Keller and Chief Harold Medina instead have been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused them of failed leadership in dealing with the scandal as they attempt to get ahead of this most recent scandal involving APD.  They both have attempted to take credit for the investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the federal investigation that forced their hand and after they both allowed the problem to fester for 6 years.

______________________________________________________________________ 

POSTCRIPT

Below is the full, unedited March 20 resignation letter submitted by

March 20, 2024

From: Joshua Montano

To: Eric Garcia, Police Reform Superintendent

RE:  PDH Written Statement for March 4, 2024, PDH Letter

Dear Mr. Garcia:

Please accept this letter as my written statement to provide information as requested in your March 4, 2024, Pre-Determination Hearing Notice.

I have served the citizens of the City of Albuquerque beginning in 2005 as a Police Service Aide. I became an APD officer in 2007. I fell in love with this department at the young age of 18. It was the best and most accomplishing thing I had done in my life. There aren’t enough words to describe all of the great and amazing things I have been able to provide to the citizens of this city over the course of my career. During my time as an Officer, I have risked my life on numerous occasions for the safety of others, just like all of the great officers on this department. In 2022 I was nearly killed when I was struck and severely injured by a reckless driver who was impaired by alcohol. It was one of the most difficult challenges of my life and career. All glory to God that I recovered from my injuries and was cleared to come back to work. Yet, I know nothing other than law enforcement and love being a police officer. As you know from your time with APD, police officers get to see the worst of people day after day but every now and then, we get to the see the best of people as well and that makes it easy to gear up and report to work each day.

Unfortunately, following that collision while I was injured and suffering not just from physical pain and anguish, I found myself all but abandoned by the department. I say “all but” because I did find comfort and support from my colleagues in APD’s DWI Unit. They were my family because they cared for me when others didn’t and they supported me when others wouldn’t. However, that support came with a high price and on January 18, 2024, I found out what the cost of that support really meant.

When I was put on administrative leave, I thought there would be an opportunity for me to talk to the department about what I knew regarding the FBI’s investigation. I thought there would be a time where I could disclose what I knew from within APD and how the issues I let myself get caught up in within the DWI Unit were generational. I thought there would be a time where I could talk about all the other people who should be on administrative leave as well, but aren’t.

That opportunity was denied to me though. As I know my lawyer has explained in all his letters to the City, in order for me to talk to the City about what I knew, I needed to not be the City’s scapegoat for its own failures. Instead, Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Court is watched over and monitored.

I take responsibility for my actions. However, APD’s investigations of me have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set. Therefore, I have no choice but to hereby resign from my position with APD. As I mentioned at the beginning of this letter, I fell in love with this department nearly19 years ago and this is such a difficult moment for me. I do not waive any of my earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department. Respectfully,

Joshua Montano, Officer

 

www.PeteDinelli.com will be on Spring Break until March 24. Please feel free to use the search engine block on the above right hand to search for past articles published on topics of interest or published over the last 6 years. Just type in a topic (ie: homeless, DOJ Fed. Monitors Reports, NM legislature, City Council etc. or names of elected officials) and blog articles written will appear.

Below is a list of more recent blog articles you might find interesting published since January 1, 2024 (NOTE; The list does NOT include 2024 NM legislative updates published):  

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

https://www.petedinelli.com/2024/03/08/albuquerque-journal-pete-dinelli-guest-opinion-column-chief-medina-should-be-fired-and-prosecuted-in-connection-to-crash/

US Supreme Court To Hear Trump’s Claims Of Immunity from Criminal Prosecution; Republican US Supreme Court Trump Disciples Hand Trump “Gift Of Delay”

https://www.petedinelli.com/2024/03/07/us-supreme-court-to-hear-trumps-claims-of-immunity-from-criminal-prosecution-republican-us-supreme-court-trump-disciples-hand-trump-gift-of-delay/

Trump Sweeps March 5 Super Tuesday Republican Primaries; Supreme Court Rules State’s Can Not Disqualify Trump From Ballot; Update On Trump’s Criminal Charges And Civil Cases; Criminal Convictions Will Likely Not Make Any Difference As Trump Becomes Presumptive Republican Nominee

https://www.petedinelli.com/2024/03/06/trump-sweeps-march-5-super-tuesday-republican-primaries-supreme-court-rules-states-can-not-disqualify-trump-from-ballot-update-on-trumps-criminal-charges-and-civil-cases-criminal/

Gov. MLG Signs 4 Public Safety Measures; Special Session Still Under Consideration; Convene Special Session To Enact “Omnibus Gun Control And Violent Crime Sentencing Act” And Expand Existing Mental Health Court Statewide

https://www.petedinelli.com/2024/03/05/gov-mlg-signs-4-public-safety-measures-special-session-still-under-consideration-convene-special-session-to-enact-omnibus-gun-control-and-violent-crime-sentencing-act-and-expand-e/

APD Releases 2023 Crime Statistics Reflecting 19% Decline In Homicides; Reflects National Trend Not Success Of Mayor Tim Keller’s Programs To Bring Down Crime

https://www.petedinelli.com/2024/03/04/apd-releases-2023-crime-statistics-reflecting-19-decline-in-homicides-reflects-national-trend-not-success-of-mayor-tim-kellers-programs-to-bring-down-crime/

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

https://www.petedinelli.com/2024/02/29/convening-special-session-of-nm-legislator-for-public-safety-must-include-expanding-existing-mental-health-court-create-new-14th-judicial-district-court-with-3-regional-divisions-for-mental-hea/

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

https://www.petedinelli.com/2024/02/27/governor-mlg-considers-calling-special-session-to-deal-with-public-safety-issues-its-about-time/

Video Of DWI Arrest Reveals How DWI Dismissal Bribery Corruption Scheme Worked; Hideous Shake Down By One Of Albuquerque’s  Finest Caught On Tape; Fully Investigate, Prosecute And Disbarment Only Beginning To Restore Faith In APD And Criminal Justice System

https://www.petedinelli.com/2024/02/26/video-of-dwi-arrest-reveals-how-dwi-dismissal-bribery-corruption-scheme-worked-hideous-shake-down-by-one-of-albuquerques-finest-caught-on-tape-fully-investigate-prosecute-and-disbarment-onl/

Mayor Keller Proclaims Critically Injured Driver Involved In Chief’s Accident “Wrong Place At The Wrong Time”; APD Family Ride Policy Under Scrutiny After Chief Medina’s Weekend Crash; Both Keller And Medina Are Embarrassment With Their Words And Actions

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/

Released Video Of Chief Medina’s Car Crash Contradicts Medina’s Version Of Events; Medina And Keller Claim Medina Victim; APD Launches Internal Affairs Investigation And Motor Unit Investigation;  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

2024 NM Legislature Update: What Passed, What Signed, What Failed

https://www.petedinelli.com/2024/02/20/2024-nm-legislative-update-what-passed-what-signed-what-failed/

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

2024 Legislative Update: 7 Day Firearm Sale Waiting Period Passes Both House and Senate And Heads To Governor For Signature To Become Law; Other Senate And House Legislative Action Noted; Time Is Running Out

2024 Legislative Update: 7 Day Firearm Sale Waiting Period Passes Both House and Senate And Heads To Governor For Signature To Become Law; Other Senate And House Legislative Action Noted; Time Is Running Out

DWI Defense Attorney Had 88% DWI Dismissal Rate Involving Officers Under Federal Investigation; 40 More Cases Dismissed Bringing Total To 195; APD Investigation Team Announced; Case Dismissal Time Line; APD Had No System To Track Cops Failure To Appear; Medina “Pivots, Deflects, Lays Blame, Takes Credit” And He Should Be Removed As Chief

https://www.petedinelli.com/2024/02/07/dwi-defense-attorney-had-88-dwi-dismissal-rate-involving-officers-under-federal-investigation-40-more-cases-dismissed-bringing-total-to-195-apd-investigation-team-announced-case-dismiss/

ABQ Journal Guest Opinion Columns: “Mayor Keller and Chief Medina Must Be Held Accountable For DWI Scandal”; “Lack Of Leadership Has Ruined Moral Within APD”; Will City Council Vote No Confidence In Medina?; Keller Should Terminate And Replace APD Chief Harold Medina

https://www.petedinelli.com/2024/02/05/abq-journal-guest-opinion-columns-mayor-keller-and-chief-medina-must-be-held-accountable-for-dwi-scandal-lack-of-leadership-has-ruined-moral-within-apd-will-city/

City Council, Public Defender and County Sherriff John Allen Push Back At Chief Medina And Mayor Keller Over Who Responsible For APD Police DWI Bribery Scandal; “Pivot, Deflect And Blame” Is Name Of Game For Keller And Medina; Time  For Mayor Keller To Invite Chief Medina To A “Geier Walk In The Park”

https://www.petedinelli.com/2024/01/29/city-council-public-defender-and-county-sherriff-john-allen-push-back-at-chief-medina-and-mayor-keller-over-who-responsible-for-apd-police-dwi-bribery-scandal-pivot-deflect-and-blame/

“Dynamic Duo Of Police Reform” Mayor Tim Keller and Chief Harold Medina “Decry APD Corruption” They Allowed To Fester; Both Enter “Spin Cycle” Saying They Are Washing Stain Of Corruption Out Of APD; Both Break Silence  And Pivot, Deflect And Refuse To Admit Management Failures In APD DWI Bribery Scandal; Accuse City Council Of Unethical Conduct

https://www.petedinelli.com/2024/01/24/dynamic-duo-of-police-reform-mayor-tim-keller-and-chief-harold-medina-decry-apd-corruption-they-allowed-to-fester-both-enter-spin-cycle-saying-they/

ABQ City Councilors React To APD Bribery Scandal By Complaining Mayor Tim Keller Did Not Communicate With Them; Alarming Disclosure Made That Scandal Problem Goes Back A Decade; Council Fails Leadership Role To Make Demands To Address Scandal Itself; The DWI Unit Should Be Dismantled And Reconstituted With All New Staffing To Restore Credibility  

https://www.petedinelli.com/2024/01/23/abq-city-councilors-react-to-apd-bribery-scandal-by-complaining-mayor-tim-keller-did-not-communicate-with-them-alarming-disclosure-made-that-problem-goes-back-a-decade-council-fails-lead/

FBI Agents Raid The Homes of 3 APD Police Officers, 1 Criminal Defense Attorney Ostensibly Over Scheme To Dismiss DWI Cases; DA Forced To Dismiss 152 DWI Cases; Mayor Keller Should Dismantle And Reconstitute Entire DWI Unit;  Scandal Discredits APD’s Professed Values of “Pride, Integrity, Fairness And Respect”

https://www.petedinelli.com/2024/01/22/fbi-agents-raid-the-homes-of-3-apd-police-officers-1-criminal-defense-attorney-ostensibly-over-scheme-to-dismiss-dwi-cases-da-forced-to-dismiss-152-dwi-cases-mayor-keller-should-dismantle-and-recon/

Murders In City Down By 20%; First Decline After 5 Full Years Of Historical Highs; Clearance Rates Up After Historical Lows; Old Fashion Police Work Brought Homicides Down, Not Keller’s “Show And Tell” Programs Of “Trying To Get People Not To Shoot Each Other”; Juveniles Involvement Concerns APD And District Attorney

https://www.petedinelli.com/2024/01/19/murders-in-city-down-by-20-first-decline-after-5-full-years-of-historical-highs-clearance-rates-up-after-historical-lows-old-fashion-police-work-brought-homicides-down-not-kellers/

Despite Democrats Holding 5-4 City Council Majority, Conservative Republican City Councilors Dan Lewis and Renee Grout Elected President and Vice President Of City Council; Progressive Democrat Mayor Tim Keller Now Faced With New Conservative Majority; “Rubber Stamp Trio” Of  Progressive Democrats Joaquin Baca,  Nichole Rogers, Tammy Fiebelkorn Will Likely  Be Marginalized By Conservative Majority

https://www.petedinelli.com/2024/01/09/despite-democrats-holding-5-4-city-council-majority-conservative-republican-city-councilors-dan-lewis-and-renee-grout-elected-president-and-vice-president-of-city-council-progressive-democrat/

APD Praised In Status Hearing Over Reform Efforts; APD Reports Use Of Force Cases Are Down; Reflection The DOJ Reforms Are Working; Full Compliance Of Court Approved Settlement Expected By 2026; City Should Move To Dismiss Case Sooner Rather Than Later

https://www.petedinelli.com/2024/01/08/apd-praised-in-status-hearing-over-reform-efforts-apd-reports-use-of-force-cases-are-down-reflection-the-doj-reforms-are-working-full-compliance-of-court-approved-settlement-expected-by-2026-city/

APD Takes Over Police Use Of Force Cases From External Force Investigations Team; Sharp Turn Around From When DOJ Threatened To Seek Contempt Of Court For APD’s Willful Failure To Investigate 667 Use Of Force Cases; Case Backlog Down To 197 Cases; City Should Move To Dismiss Case Because Of 94% Or Better In Compliance Levels

APD Takes Over Police Use Of Force Cases From External Force Investigations Team; Sharp Turn Around From When DOJ Threatened To Seek Contempt Of Court For APD’s Willful Failure To Investigate 667 Use Of Force Cases; Case Backlog Down To 197 Cases; City Should Move To Dismiss Case Because Of 94% Or Better In Compliance Levels

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he witnessed two people getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.  In response to the gun fire, Medina admitted to taking off driving through a red light saying there was no oncoming traffic.

Medina drove South through 3 lanes of traffic on Central and T-Boned a gold colored Ford Mustang. The driver of the Mustang was taken to the hospital in critical condition. Neither Medina nor his wife sustained any serious injury.  Both vehicles were likely totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Chief Medina has yet to be charged with any traffic violations.

MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM

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

 [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.

 A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.”  

 On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this this in part:

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

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”

EXTENT OF INJURIES TO OTHER DRIVER REVEALED

It is absolutely pathetic how the local news media have been obsessed with reporting on Mayor Tim Keller and Chief  Harold  Medina but  have failed to do any story or follow up regarding the extent of injuries of the real victim in the car crash.

Confidential sources have revealed the identity of the driver of the Gold Mustang to be Todd Perchert who posted on his FACEBOOK page a photo of himself in a hospital bed with an oxygen tube in his nose. His post said this:

“Broken clavicle, scapula, 8 ribs, tube in lung, and stiches on head and ear. Plus epidural feeding pain meds to spine.

Thank you all for continued prayers.

Most likely will have surgery to put plates on ribs.

Had looked forward to Fox King and Country at Calvery this am …

Continued prayers appreciate.

Thank you!

Love”

The social media post and photo of the victim in the hospital was soon taken down most likely under advice of counsel. The FACEBOOK page is replete with numerous photos of the gold classic Ford Mustang as the proud owner travels the highways and outdoors of New Mexico reflecting great pride over ownership of the vehicle.

The blunt truth is the injured driver of the Ford Mustang was NOT at the “wrong place” as Mayor Keller suggested. Medina was not the victim of any crime as he fled from a scene to protect himself and his wife from harm. It was the driver of the Ford Mustang who is the real victim and an innocent bystander driving his vehicle obeying the law when Chief Medina T-Boned him, critically injuring him and likely totaling both vehicles.  It was Chief Medina who was in the wrong place and who broke the law by driving recklessly and running a red light. Medina has not been cited with no explanation given by APD. 

MEDINA AMITS TO LIABILITY AND VIOLATIONS OF STANADARD OPERATING PROCEDURES AND PROCLAIMS HE WAS VICTIM

On Tuesday, February 20, Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel where he appeared standing and in full dress uniform. He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. He spoke directly into the camera and spoke calmly for 6 minutes, 47 seconds and gave a very detailed report on the car crash he and his wife were involved in.

Medina started out by saying this:

“This weekend was a big reminder to me what it was like to be a patrol officer and have to make difficult decisions, and life-and-death decisions, in a split second.”

In the video, Chief Medina mentions he was out of town all the week before on a work conference and came back to town late Friday night. On Saturday, February 17, he said he wanted to take his wife to a morning press conference with the mayor and they could have a Valentines Day “dinner” afterwards.

Medina says this in his video:

“We got ready, and as we went in, we stopped for a cup of coffee and we were talking on the way to the southeast for the press conference when we were driving down Central. And I noticed that there could possibly be a homeless encampment on Alvarado, north of Central. As most area commanders are well aware, I point this out and ask that they get them cleaned up when they can.”

…

“They were two individuals. I do not know if they were homeless, but they were in some type of argument. I reached down to hit my radio and to hit the horn on my control console. When my wife stated “gun, gun”. I looked up and I could hear that a shot had been fired and I saw an individual that was holding a firearm, pointing at another individual who is directly in line with my wife.”

In his Chief’s Corner video statement, Medina said his wife saw the men arguing first and told him, “Look, those two homeless individuals are about to get into a fight.”  Medina said “I do not know if they were homeless, but they were in some type of argument.” Medina said he “stayed there a second [and] evaluated the situation” and said he decided the “best thing” was to get his wife out of harm’s way “and regroup.”  

Medina went on to says this:

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

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

Medina essentially admitted he was the one responsible for the crash in that he admitted he ran a red light and that he did not have the right away. Medina also admitted before he did not have his body camera on at the time of the accident.

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

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

The problem is APD standard operating procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members. (See Postscript below “Patrol Ride Along Program, SOP 1-6-4 dealing with Unauthorized Patrol Ride-Along”) 

Medina said he and his wife were in fact examined for injuries with x- rays taken of his wife and they were not seriously injured and have fully recovered.

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”

The Chief’s corner statement was posted on YouTube where it could be viewed, but on February 20, it was discovered it had been taken down. However, you can view the video on the on-line news ABQ Raw here:

https://www.abqraw.com/post/apd-releases-new-details-from-apd-chief-medina-s-car-crash-into-a-civilian

The link to the video was:

https://m.youtube.com/watch?v=lmf6qEHOH1E&feature=youtu.b

The link to other quoted news sources are here:

https://www.abqjournal.com/news/photo-released-of-man-accused-in-gunfire-that-preceded-police-chiefs-crash/article_7398a49a-d030-11ee-92e9-17358e3ca162.html

APD RELEASES VIDEO OF CHIEF MEDINA’S CRASH REVEALING MAJOR DISCREPENCIES IN MEDINAS VERSION OF EVENTS

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the Mustang.  The surveillance video reveals two major falsehoods in Chief Medinas version of events that he gave in his Chief Corner video statement:

1. That the intersection was clear when Medina ran the red light.
2. That Medina talked to the victim of the shooting.

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

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates to a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

Medina said in his Chief’s Corner video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”  Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, the video shows it was not clear at all and there was oncoming traffic and he did not have his emergency equipment engaged.

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

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

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

According to the Supplemental report released by APD, the person who was shot at did not stay at the scene or talk to police “aside from a short conversation with Chief Medina to tell him he was not shot.”  It was Chief Medina who reported that he went to check on the victim who was shot at, however the video provided by APD shows the alleged victim running to Medina’s truck to check on passengers after the crash but once he got to the vehicle and saw who was inside, he did not talk with the passengers, and he immediately runs away south on Alvarado and he has not been identified and has not been seen again.

The links to news sources and video are here:

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

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

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

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

NEW MEXICO STATUTORY LAW

There are two New Mexico Statutes that Chief Medina violated:

1. The Reckless Driving statute

2.  The statute requiring the use of body cameras by police.

RECKLESS DRIVING

 It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

 https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

MEDINA VIOLATED BODY CAMERA MANDATE

Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section. Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;

(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;

(3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and

(4) establishing disciplinary rules for peace officers who:

(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;

(b) intentionally manipulate a body-worn camera recording; or

(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.

The provisions of Subsection A of this section shall not apply when a peace officer:

(1) conducts an undercover operation sanctioned by a law enforcement agency; or

(2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.

B.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.

Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had.  There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

CITY COUNCIL VOTES DOWN 5-4 RESOLUTION CALLING FOR MULTI AGENCY INVESTIGATION

On March 4, the Albuquerque City Council voted 5 to 4 against a resolution calling for a multi-agency investigation into APD Chief Harold Medina’s February 17 car crash.  The resolution was sponsored by Democrat City Councilor Louie Sanchez and Republican City Councilor Dan Champine, both who are retired APD Police Officers. The resolution called for the incident and car crash to be referred to  the New Mexico Department of Justice, New Mexico State Police, Bernalillo County Sheriff’s Office and APD  to conduct an independent investigation of the car crash.

During debate on the resolution, co-sponsor Champine said the move could help improve public perception of the department after the incident. He also said it would be difficult for sworn officers to “investigate their boss.”

Councilor Louie Sanchez for his part said transparency is crucial given all the recent problems with APD. Sanchez said this:

“We have a pending federal lawsuit with the DWI officers, which is dealing with corruption. We have DOJ investigations set with the APD and now we have a questionable accident by the police chief …. It’s imperative that the city has transparency in regard to this investigation. The mayor should have immediately called for this investigation, so we waited, and it never happened.  This is all we’re looking for is transparency into the investigation so that way it’s handled by someone other than the administration, someone other than the police chief that’s in charge of that department. … The mayor should be looking at what the constituents and the citizens of Albuquerque need from his police department, and I hope he makes the correct decision. … The citizens of Albuquerque need to … regain their trust in their police department.”

Councilor Brook Bassan asked city staff if there was “a reason to believe that APD is not capable of holding the chief to the highest standards.”  Chief Administrative Officer Samantha Sengel said there was an on-the-scene investigation, “which is beyond what would have been required in this situation.”  She said Chief Medina requested the investigation. It was also reported that an Internal Affairs investigation related to standard operating procedures and department policy is underway.

Those city councilors voting YES in favor of the Resolution calling for an intendent investigation were Democrat City Councilor Louie Sanchez and Republican City Councilors Dan Lewis, Renee Grout and Dan Champine. Councilors voting NO were Democrats Klarissa Pena, Tammy Fiebelkorn, Joquin Baca, Nichole Rogers and Republican Brook Bassan.

Superintendent of Police Reform Eric Garcia, a former Deputy Chief appointed by Chief Medina, gave a presentation about the city’s monitoring team, which is part of Internal Affairs. He emphasized the group is independent from APD.  Garcia said he believed the investigation would be fair and he has had to discipline others before. Garcia said this:

“I do not like doing …  [discipline]. But it’s something that has to be done.”

Links to quoted news sources are here:

https://www.koat.com/article/city-councilors-calling-for-a-multi-agency-investigation-into-police-chief-accident/60066698

https://www.kob.com/new-mexico/albuquerque-city-councilor-calls-for-multi-agency-probe-into-police-chiefs-crash/

https://www.abqjournal.com/news/city-council-narrowly-votes-down-resolution-to-dig-deeper-into-medina-crash/article_0872379a-dab1-11ee-a478-3f70468c235d.html

COMMENTARY AND ANALYSIS

APD has an extensive history of not being able to police itself.  APD’s failure to police itself is one of the biggest reasons why in 2013 the Department of Justice found a culture of aggression within the Department and APD’s use of force and deadly force that resulted in the consent decree and oversight by the federal court for the last 10 years. The recent DWI scandal involving a bribery scheme to dismiss cases by APD officers is further evidence of APD’s failures to police itself.

The Albuquerque City Council plays a critical role in overseeing the Albuquerque Police Department.  It is difficult to understand how the majority of the Albuquerque City Council do not comprehend the fact there is a need for an outside agency to give a hard and objective look at Chief Medina’s actions of February 17.  The city council voting no on the resolution was a dereliction of duty on many levels, especially for failing to acknowledge just how serious the accident was, the injuries inflicted and the number of standard operating procedure violated by APD Chief Harold Medina who Mayor Keller proclaims to be “arguably the most important person right now in these times in our city” as he fled from the scene out of fear for his own  safety  and his wife’s safety.

Notwithstanding Superintendent of Police Reform Eric Garcia’s saying he believes his investigation will be fair and that he has imposed discipline on others before, he has never done so with a Chief who he worked for as a Deputy Chief and it’s not likely he will recommend any action against his former boss.  Garcia no doubt has gotten where he is today in part thanks to Medina.  

ADMISSIONS OF GUILT AND VIDEO ESTABLISH RECKLESS DRIVING AND

 Chief Medina has admitted that he did not have his body camera on.   He has admitted that he ran a red light and T-boned another driver.  The surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on. The video shows oncoming traffic with Medina first slowly inching between two vehicles and Medina then accelerates to a high rate of speed to cross to the South traveling lanes of Central and crashing into the Mustang that was traveling East on the South lanes of Central.

Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”

Chief Medina has not been charged and no explanation has been given by APD as to why.  Any other APD officer involved in such a crash they are the cause of injuring another would have been charge and immediately placed on administrative leave pending a full investigation.

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures.  The POSTSCRIPT to this blog article outlines all the Standard Operating Procedures likely violated directly or indirectly by Chief Medina.

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation.  Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner (Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is  not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

The APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

It’s more likely than not that Chief Medina will not face any discipline, given he is a command level and Mayor Keller has called Medina “arguably the most important person right now in these times in our city.”  If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.  That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children.   The case resulted in a multimillion-dollar judgement against city.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

This whole car crash incident and how it has been handled further erodes the credibility of Chief Medina and Mayor Tim Keller whose reputations have already been damaged to a great extent by the ongoing Federal Investigation of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases.

FINAL COMMENTS

It is downright disgusting that Mayor Tim Keller has tried to make out Chief Medina as some sort of a hero when he never confronted any one and in fact fled the scene out for  self-preservation to himself and his wife.

It’s even more disgusting how Medina had the nerve to say “I was the victim of this traffic accident” when in fact he suffered no injuries as he put an innocent civilian in the hospital in critical condition.

Both Keller and Medina are an embarrassment to the city with Keller doing whatever he can to shield his appointed police chief from being held accountable 100% for an accident that caused serious bodily injury to a law-abiding citizen.

The city council’s failure to vote for an independent investigation is a reflection that they simply want to ignore their oversight responsibilities of a department unable to police itself.

APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring a private citizen and sending him to the hospital.

Chief Medina should be charged with reckless driving and be terminated “for cause” for the violations of APD’s Standard Operating procedures.

______________________________________________________________________

POSTSCRIPT  

Below are the standard operating procedures (SOP) that were  likely violated in the Medina auto crash:

APD STANARD OPERATING PROCEDURES

It is Standard Operating Procedure 1-6 the deals with the APD “Patrol Ride Along Program”

1-6-4 entitled Rules outlines ride alongs with police.

Eligibility for Participation in the Patrol Ride-Along Program

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

…  .

Unauthorized Patrol Ride-Along

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

____________________________________________________________

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

…

1. When operating a Department-issued vehicle, sworn personnel shall:
2. Have their police radio on and tuned to the proper frequency for their location;
3. While on-call, carry all necessary equipment for a call-out;
4.  Consistent with SOP Personnel Code of Conduct and SOP Uniforms, have in their possession a jacket or vest that clearly displays the Department insignia, their badge, identification card, handcuffs, body armor, radio, on-body recording device (OBRD), and firearm to effectively perform a police function. …
5. When responding to a felony call with non-sworn personnel as passenger(s), except for approved ride-along, first drop off the passenger(s) at a convenient and safe location, then respond to the call consistent with Department Standard Operating Procedures (SOP); … .

__________________________________________________________

It is 2-6  of APD Standard Operating Procedures that deals with Use of Emergency Warning Equipment.

Section 2-6-4 entitled Procedures states as follows:

Authority for Code Response.

When sworn personnel respond to an emergency call, or when in pursuit of an individual who has violated or is suspected of violating a law, sworn personnel shall be authorized to exercise the right-of-way privilege , pursuant to the New Mexico state statute on authorized emergency vehicles, if the officer is driving an authorized emergency vehicle and properly using authorized emergency warning equipment.

This authority does not:

1. Relieve the officer who is driving an authorized emergency vehicle from the duty to drive with due regard for the safety of others; or
2. Protect the officer from the consequences of reckless disregard for the         safety of others.

 _____________________________________________________________________

It is 2-7 of APDs Standard Operating procedures that deals with DAMAGE TO CIVILIAN PROPERTY

Section 2-7-2  entitled Policy provides:

It is the policy of the Department to document when Department personnel damage civilian property …  during the course of their official duties.

…  .

Section 2-7-4 entitled  Procedures provides:

1. Civilian property may include, but is not limited to:

….

Vehicles

When Department personnel damage civilian property, they shall:

1. Complete a Uniform Incident Report documenting the damage;
2. If the primary officer caused the damage, they shall document the information in their Uniform Incident Report. 
3. If another officer caused the damage, they shall document the information in a Supplemental Report. …  .

____________________________________________________________

It is 2-8 of APD’s standard operating procedures that deals with  “USE OF ON-BODY RECORDING DEVICES”

Section 2-8-4 entitled Rules provides as follows:

All uniformed and plainclothes sworn personnel, Police Service Aides (PSA), Crime Scene Specialists (CSS), PTU personnel, and all uniformed personnel shall wear a Department-issued OBRD while on-duty. Exceptions to wearing the OBRD include:

1. Written approval by the Chief of Police, which will be limited to Department personnel who do not routinely interact with the public and only when those personnel are not engaging in law enforcement or investigative encounters with the public, including any mandatory recording events. Notwithstanding this exception, all Department personnel shall record mandatory recording events.
2. During training, unless required to wear the OBRD for training purposes;
3. Bomb Squad personnel, while actively working a scene with suspicious or hazardous items; and
4. Any duty assignment where sworn personnel do not carry a Department-issued badge and firearm, including restricted duty, administrative assignment, or administrative leave.

_________________________________________________________

Section 2-8-5 of APD’s standard operating procedures delineates “Mandatory Recordings” by APD sworn personnel and provides as follows:

1. Department personnel shall activate their OBRD [ON BODY RECORDING DEVICE] for any call for service that involves a law enforcement encounter, for any other law enforcement encounters that involve contact with community members, and for any investigative encounters involving community members.
2. For all mandatory recording events, Department personnel shall activate their OBRD prior to contact with individuals, except during emergency situations that require immediate action to preserve life or safety. At the first available opportunity, Department personnel shall activate their OBRD immediately.
3. Examples of mandatory recording events include, but are not limited to: Law enforcement encounters; Traffic crashes;

______________________________________________________________________

Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”

2-47-4 outlines the following Procedures:

General Procedures for Crashes that Involve Department-Issued Vehicle Department personnel who are Involved in the crash shall:

1. Request Albuquerque Fire Rescue (AFR) for any injuries;
2. Secure the scene to prevent further damage;
3. Preserve evidence;
4. Request that an on-duty supervisor respond to the scene of the crash;
5. Request for an available officer or Police Service Aide (PSA) to be dispatched to investigate the crash and to complete a Uniform Crash Report (UCR) to include the vehicle or unit number on the UCR diagram or narrative;
6. The responding officer or PSA who completes the UCR shall gather sufficient information concerning the cause of the crash to testify at the Crash Review Board (CRB) Hearing, if necessary; and
7. Request for a supervisor, a Crime Scene Specialist (CSS), or a Police Service Aide (PSA) to photograph the crash.
8. Photographs shall include close-ups, mid-ranges, and the overall scene.
9. Photographs shall be tagged into evidence as outlined in SOP Collection, Submission, and Disposition of Evidence and Property (refer to SOP Collection, Submission, and Disposition of Evidence and Property).
10. Supervisors with Axon training may take the photographs for non-injury crash investigations.

11.  The investigating supervisor shall:

A.  Determine whether the crash involves serious personal injury, death, or substantial damage to any involved Department personnel or the Department-issued vehicle before clearing the scene of the crash;

B.  Notify the following personnel to respond to the scene of the crash if it involves life-threatening injuries or death:

i. Internal Affairs Professional Standards (IAPS) Division investigative personnel;

ii. An on-duty CSS; and

iii. The on-call Metro Traffic Division Fatal Traffic Team supervisor.

C.  Based on the damage to the Department-issued vehicle and the extent of injuries, determine whether the on-call Metro Traffic Division Fatal Traffic Team will investigate the crash;

D.  Ensure that all crashes involving Department-issued vehicles, no matter how minor, are documented in a UCR;

E.  Submit an Internal Affairs (IA) database web application entry for vehicle crashes, which includes copies of the completed UCR and City of Albuquerque Substance Abuse Program Post-Accident Decision Making Form;

F.  Forward the completed UCR and the City of Albuquerque Substance Abuse Program Post-Accident Decision Making Forms to the lieutenant or division  head within five (5) calendar days;

G.  Examine any damage to Department-issued vehicles and physical evidence present to ensure that there is consistency with the reported circumstances; and

H.  Determine whether the Department-issued vehicle is safe enough to remain in service or if the vehicle should be transported to the City of Albuquerque Fleet Management (Pino Yards) at 5501 Pino Ave NE.

I.  The on-scene supervisor or investigating officer may allow the involved vehicles to be moved if they impede the safe flow of traffic.

J.  The on-scene supervisor or investigating officer may only allow the vehicles to be moved from the scene for non-injury crashes or when moving the vehicles does not significantly impact the investigation.

K.  Operations Review Section personnel shall review the UCR and the IA database web application entry for accuracy and to ensure that all required documents are attached to the IA database web application entry.

L,  After reviewing the UCR and the IA database web application entry, the Operations Review Section Fleet Coordinator shall:

Send the IA database web application entry information to IAPS Division personnel; and

Forward the UCR to the Metro Traffic Division Administrative Assistant.

The link to a related Dinelli blog article is here:

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

 

On March 8, the Albuquerque Journal published the following guest opinion column by Pete Dinelli entitled “Chief Medina should be fired and prosecuted in connection to crash”:

“On Feb. 17, APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Keller when Medina decided to stop and call for APD to clear a homeless encampment.

Medina reported two people getting into a fight, a gun was pulled and pointed toward Medina and his wife, and a shot was fired.

Chief Medina admitted taking off driving through a red light saying there was no oncoming traffic. Medina drove south through three lanes of traffic on Central and T-Boned a gold-colored Ford Mustang. The driver of the Mustang was taken to the hospital in critical condition. Both vehicles were likely totaled.

Medina admitted he did not have his lapel camera on and referred the accident to the superintendent of police reform for investigation. Medina has yet to be charged with any traffic violations.

On the day of the accident, Mayor Keller immediately went to the defense of Chief Medina and said in part:

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

On Feb. 20, Medina did an APD personnel video briefing and essentially admitted guilt and said in part “I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community.” Medina said he thought the Mustang would pass through the intersection and said “I looked to my left, and the intersection was cleared. … (A)nd I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

A released surveillance totally contradicts Medina, revealing oncoming traffic and Medina slowly creeping between two vehicles with Medina then accelerating to cross Central at a high rate of speed and crashing into the Mustang.

Medina violated the following APD Standard Operating Procedures:

• Medina failed to activate his lapel camera in a timely manner.
• Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
• Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
• Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
• Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
• Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring a private citizen. Chief Medina should be charged with reckless driving and be terminated “for cause” for the violations of APD’s Standard Operating procedures.”

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer for the city, and former chief deputy district attorney.

The link to the Albuquerque Journal guest column with photos is here:

https://www.abqjournal.com/opinion/opinion-chief-medina-should-be-fired-and-prosecuted-in-connection-to-car-crash/article_39e6ad6a-da7a-11ee-864c-abd501eafff2.html

The headlines and links to 3 related Dinelli blog articles are here:

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

https://www.petedinelli.com/2024/02/19/apd-chief-medina-and-wife-in-car-crash-while-fleeing-gunfire-in-city-vehicle-driver-of-other-car-sent-to-hospital-in-critical-condition-chief-medina-likely-violated-numerous-standard-operating-proce/

Released Video Of Chief Medina’s Car Crash Contradicts Medina’s Version Of Events; Medina And Keller Claim Medina Victim; APD Launches Internal Affairs Investigation And Motor Unit Investigation;  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Mayor Keller Proclaims Critically Injured Driver Involved In Chief’s Accident “Wrong Place At The Wrong Time”; APD Family Ride Policy Under Scrutiny After Chief Medina’s Weekend Crash; Both Keller And Medina Are Embarrassment With Their Words And Actions

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/