On July 18, the city announced that the internal affairs investigation and disciplinary review of APD Chief Harold Medina for the February 17 car crash where he ran a red light critically injuring another has resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia. Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera. The letters of reprimand will be placed in Medina’s personnel file. No other disciplinary action will be taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.
APD spokesman Gallegos said in Medina’s 28 years in law enforcement, he was disciplined one other time also with a written reprimand in 2006. He said that was also for a traffic crash but did not give any further details on that incident. It turns out the 2006 reprimand was also issued by then Lieutenant Eric Garcia who was Medina’s supervisor at the time.
APD Chief Medina released a statement and said this:
“Obviously, I never intended to cause a crash. … I am grateful that Mr. Perchert is recovering from his injuries. All of our officers are held to the same standards and policies, I am no different.”
REFERRAL MADE TO NM DEPARTMENT OF JUSTICE
For the first time it was revealed that the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and determine if criminal charges should be brought. APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after reviewing the crash. Deputy Attorney General Greer Staley released a statement and said this:
“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”
VICTIM OF CAR CRASH REACTS
Todd Perchert, the victim of the car crash Medina caused, is suing the city and Chief Medina to recover personal injury damages from the February 17 car crash. Perchert has said the crash left him seriously injured, with titanium plates across his rib cage, deformed bones in his upper arm and stitches in his ear. Perchert says his life has changed and that he is in constant physical pain from the injuries sustained. Perchert said his classic gold Mustang was totaled by the insurance company, and he isn’t sure if he will try to fix it.
Perchert’s attorney, James Tawney, said they are seeking compensatory damages for Perchert’s injuries and the “damage he is going to have for the rest of his life.” Personal injury attorney Tawney said this in a statement:
“The findings [of the Internal Affairs investigation and the reprimands confirm Medina’s] complete disregard for the rules designed to ensure the safety and well-being of all citizens. Such breaches of protocol are unacceptable, especially from an individual in a position of authority and trust. [This is the] first step toward achieving justice and ensuring accountability. … A written reprimand pales in comparison to the lifelong physical, psychological and emotional trauma he caused our client. We will continue to pursue all legal avenues to secure the justice our client deserves.”
https://www.koat.com/article/albuquerque-police-chief-crash-disciplined/61640705
REVISITING FEBRUARY 17 CAR CRASH
Given the extreme weakness of the discipline imposed on APD Chief Harold Medina over the February 17 car crash, the facts and circumstances of what happened that day merit review.
On February 17 APD Chief Harold Medina and his wife were in a city unmarked APD truck on their way to a press conference with Mayor Tim Keller. Medina decided to stop and call APD to clear a homeless encampment. Medina witnessed two people fighting, a gun was pulled and pointed at Medina and a shot was fired.
In response Medina fled from the scene and drove through a red light and he T-boned a 1966 Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Chief Medina admitted he ran a red light. Medina and his wife were unharmed.
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 car crash 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.
Keller made no mention of the injured victim of the car crash. 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.” Again, Keller makes mention of the serious injuries inflicted on Todd Perchert the driver of the clsassic mustang.
CHIEF’S CORNER ADMISSIONS
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 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 admitted he was the one responsible for the crash. He admitted he ran a red light and that he did not have the right away. Medina also admitted as 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 written APD standard operating procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members.
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 Medina’s version of events that he gave in his “Chief’s Corner” video statement:
- That the intersection was clear when Medina ran the red light.
- 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 and into oncoming traffic.
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.
APD Chief Harold Medina could have totally avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also have the immediate effect of driving the vehicle out of the line of fire with a 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.
REFERRAL MADE TO INTERNAL AFFAIRS
After the car crash, Medina supposedly passed a breath and drug test, but the results have never been disclosed when and where and if it was done within the time frame required by APD standard operating procedures after the accident. Medina referred the car crash to APD Internal Affairs and the Superintendent of Police Reform Eric Garcia for investigation due to his admission of not having his lapel camera on, an APD policy violation as well as a state law violation.
On April 3 Superintendent Garcia gave an update to the Albuquerque City Council on the Internal Affairs investigation of Chief Medina. He said the APD Fatal Crash unit conducted an investigation, prepared a final report and forwarded it to the Crash Review Board. The report concluded that while Chief Medina “did enter an intersection failing to obey the traffic control devise (sic) without activating his emergency lights and sirens … resulting in a vehicle crash causing injury” the car crash was “non preventable”. The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” APD said that Chief Medina would not be charged with any offense.
Notwithstanding APD’s decision not charge APD Chief for the car crash he caused, Superintendent of Police Reform Eric Garcia continued with his Internal Affairs investigation to determine what disciplinary action, if any, would be imposed on Chief Medina.
COMMENTARY AND ANALYSIS
The APD Crash Review Board voting unanimously to deem Chief Medina’s crash as “non-preventable” was an absolute farce. They ignored that Chief Medina’s car crash put another driver in the hospital in critical condition. It was ruled “unavoidable” by APD officers who are under Medina’s command.
It’s a no brainer that an independent, outside investigation should have been ordered immediately by Mayor Tim Keller and that Medina should have been placed on administrative leave pending that investigation. Instead, we have a sham of an investigation by police officers who work for Medina.
Simply put, the crash was preventable and could have been avoided by simply stopping at Central, or turning right to go West on Central. Instead, Medina ran through a red light in a panic and floored the gas pedal of his vehicle and went forward. The APD Crash Review Board voting unanimously to deem Medina’s crash “non-preventable” and the issuance of letters of reprimand by Superintendent of Police Reform Eric Garcia are nothing more than a cover up calling it a preventable accident that gives Chief Medina a defense and APD an excuse not to charge Medina with reckless driving. The finding will allow the City to argue the other driver was contributorily negligent as to crash responsibility.
NEW MEXICO STATUTORY LAW
There are two New Mexico Statutes that can be said that Chief Medina violated:
- The Reckless Driving statute
- The statute requiring the use of body cameras by police.
RECKLESS DRIVING VERSUS CARELESS DRIVING
The New Mexico Department of Justice decided not to charge Medina with careless driving after reviewing the crash proclaiming a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.” The car crash was not the result of “careless driving” but was the result of “reckless driving” which is a far more serious offense than “careless driving.”
It is Section 66-8-114 of the New Mexico Statutes that defines Careless Driving as follows:
- Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
- Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.
It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:
- 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.
- 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.
- 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/
Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. 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.” Medina could have totally prevented the accident by turning right on Central but instead drove into oncoming traffic driving between 2 other vehicles and the accelerating over 3 lanes of traffic and plowing into Todd Perchert.
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.
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 and he has now been given a written reprimand for it.
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:
1. 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.
B.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.
2. Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection 1 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.”
Now that the victim of the February 17 Todd Perchert is suing the city, you can expect that a count for “bad faith” by Medina will be included in the civil complaint filed that will compound and inflate damages and perhaps allow for punitive damages that Medina will expect the city to pay.
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 more than two of APD’s Standard Operating Procedures, with Superintendent of Police Reform Eric Garcia ignoring all but two of those Standard Operating Procedures with his letters of reprimand.
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:
- 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”)
- 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)
- 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)
- 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)
- 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)
- 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”)
- 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)
CHIEF NOT 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.
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.
SLAP ON THE WRIST
It is downright obscene and an insult to the general public’s intelligence that APD Chief Harold Medina was given nothing but a mere “slap on the wrist” for almost killing someone and causing permanent and lifelong injuries to that person. The issuance of 2 letters of reprimand to Chief Median by the Superintendent of Police Reform Eric Garcia is a disgrace and so very wrong and means Chief Harold Medina will not be held accountable nor disciplined in any meaningful way for serious violations of APD standard operating procedures and state law.
Given the seriousness of the infractions, Mayor Tim Keller should set aside the 2 letters of reprimand and terminate Chief Medina for cause or at least suspend Chief Medina and place him on administrative leave without pay for a period of time. Mayor Keller should also refer for investigation the car crash to the Bernalillo County District Attorney office where it belongs for possible charges of Reckless Driving.
The link to a related Dinelli blog articles are here: