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 and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.
In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung. Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Medina and his wife were unharmed. Both vehicles were totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. On April 3 it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” Chief Medina has never been charged with any traffic violations.
On July 18, the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash 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 as required by APD standard operating procedures. The letters of reprimand were placed in Medina’s personnel file. No other disciplinary action was taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.
On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced 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 to 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 investigating 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.”
“CARELESS DRIVING” VERSUS “RECKLESS DRIVING”
The New Mexico Department of Justice evaluated the car crash to determine if it was the result of “careless driving” and ostensibly declined to investigate if it was the result of “reckless 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/
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.
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.
NEW INTERNAL AFFAIRS REPORT
A new report from Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. On page five of the Internal Affairs report, it says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.” The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.
On August 23, private attorney and former APD Officer Tom Grover was interviewed by KOAT TV after he reviewed the released Internal affairs report. Grover said this:
“The thing that jumped out at me like frankly a nuclear bomb was the fact that Medina admitted that he purposefully did not activate his lapel camera video. … It blew my mind because it’s so preposterous. … The notion that [Chief Medina] has a Fifth Amendment right would suggest that he’s in custody … and, therefore, is required to make a statement. He’s not in custody. He’s at work.”
Grover said the Internal Affairs investigation report could be brought up in the future as it continues to be evaluated. Ostensibly, Grover was referring to pending civil litigation for damages and personal injury that has been filed by the victim of the car crash against the city.
KOAT Legal Expert John Day also reviewed the Internal Affairs report on the car accident. He gave the opinion that Medina’s actions of intentionally not turning his label camera on may also violate state law. Attorney Day said this:
“As the report states, that conflicts with APD operating procedures, and it certainly conflicts with the state law regarding police activating their body-worn cameras”.
Both Day and Grover argue this type of action of pleading the 5th amendment against self-incrimination in a court of law could make a jury think Chief Medina and APD are trying to hide evidence. Day said he’s never heard of anything like this before and said this:
“And that totally defeats the purpose of this state law [mandating turning on lapel cameras] and the department’s own policies.”
KOAT contacted APD for a reaction. A spokesperson for the department said Chief Medina agreed to the disciplinary actions of letters of reprimand but disagreed with some of the conclusions made in the investigation by Internal Affairs.
NEW MEXICO STATUTE MANDATING ACTIVATION OF LAPEL CAMERAS BY LAW ENFORCEMENT
Chief Medina publicly admitted in news interviews that he did not have his body camera on during the February 17 incident and car crash and for that reason he referred the matter to Internal Affairs.
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 …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:
- 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;
- Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
- 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
- Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies … .
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.”
There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “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.”
APD CHIEF MEDINA GETS A NEW $100,000 RIDE
On August 21, it was reported by KOB 4 news that APD Chief Harold Medina is now driving an bran new, city issued $100,000 Ford Expedition to replace the city truck he totaled in the February 17 car crash that he admitted to causing and that critically injured another. During the August 19 meeting of the Albuquerque City Council, Republican first term Councilor Dan Champine, who is a retired APD Police Officer, called into question a vehicle that the city purchased with taxpayer money and issued to APD Chief Harold Medina.
Councilor Champine asked pointed questions of Chief Administrative Officer Samantha Sengel. Champine asked:
“So 4×4, tow package, a sunroof, a premium sound system and aftermarket, 4×4 tires is needed for the chief of police of a city?”
Chief Administrative Officer Samantha Sengel responded saying this:
“The vehicles that we purchase are based upon the need and the demand related to the positions that we have. … When we purchased Medina’s vehicle, it was based upon the available vehicles with four-wheel drive and the available on the lot. …It was not the most expensive vehicle. Not that that is the parameter that we should be setting. But based upon the conditions, we want to ensure command staff and leadership are able to access any scene.”
Sengel said the new Ford Expedition the city bought for Chief Medina was in line with other APD vehicles. She added the chief needed a replacement fast.
The link to the quoted and unedited KOB 4 news story is here:
PETITION CALLING FOR MAYOR KELLER TO TERMINATE CHIEF HAROLD MEDINA
On August 22, a petition calling for Mayor Tim Keller to terminate Chief Harold Medina began to circulate on the internet and by email. The petition was started by Citizenof Albuquerque using a free on-line petition organization identified as “change.org.”
Change.org is a website that allows users to create and sign petitions to raise awareness and influence decision-makers on social causes. Chang.org does solicit contributions but does not require them to sign the petition. The site is owned by a nonprofit foundation and is a for-profit public benefits corporation. Change.org claims to be the world’s largest nonprofit-owned platform for social change. Users can create petitions on a variety of topics, including general justice, economic justice, criminal justice, human rights, education, environmental protection, animal rights, health, and sustainable food. The link to change.org is here:
https://www.change.org/login_or_join?redirectTo=%2Fu%2F1348170913
The petition has a photo of APD Chief Harold Medina and provides an update on the status of the number of those who have signed the petition.
The petition sent states:
“WHY THIS PETITION MATTERS
Started by Citizenof Albuquerque
As citizens of Albuquerque, New Mexico, we hold our public officials to a high standard of professionalism and integrity. Regrettably, one among them, Harold Medina, current Chief of the Albuquerque Police Department, has recurrently demonstrated his unsuitability for such an esteemed position. Cambridge’s Policing Project highlights that ethical leadership is integral to enhancing departmental functioning and citizen trust, which we believe is currently lacking under Medina’s leadership (International Association of Chiefs of Police, Policing Project).
His admissions concerning his crash, that seriously injured a citizen of Albuquerque, show that he is only concerned for himself and not the citizens he is sworn to serve. He was recorded during a citywide briefing attempting to downplay his actions and said that the investigation was to simply “appease everyone.” Furthermore, he was exposed during an internals affairs investigation saying that he intentionally did not turn on his camera so he would not incriminate himself. Is that really acceptable for someone who is supposed to be the pinnacle of public servant? The citizens of Albuquerque deserve better!
Mayor Keller, our demands rest on a pressing need for the termination of Harold Medina from his role as chief for the greater good of our community. By signing this petition, we take a collective step towards a safer and better governed Albuquerque. Sign this petition today and be part of the change we need.”
The link to the petition and to sign it is here:
https://www.change.org/p/mayor-keller-terminate-chief-harold-medina
MEDINA DECLARES HE WAS A VICTIM OF A CAR CRASH HE CAUSED
On February 17 during a news conference after the car crash, Mayor Tim Keller reacted to the 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 made no mention of the serious injuries inflicted on Todd Perchert the driver of the classic Ford Mustang.
APD Chief Medina had the audacity to declare that he was the victim in the car crash he caused. On 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 of way. Medina also admitted as before that he did not have his body camera on at the time of the accident, so he referred the matter to Internal Affairs.
MEDINA’S FALSE CLAIMS EXPOSED BY VIDEO OF ACCIDENT
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 gold classic Mustang. The surveillance video reveals a false statement made by Chief Medina in his version of events that he gave in his “Chief’s Corner” video statement which was that the intersection was clear when Medina ran the red light.
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 this 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.
COMMENTARY AND ANALYISIS
The extent of preferential treatment Chief Harold Medina has been given by APD and that has been allowed by Mayor Tim Keller has been nauseating and obscene at best and on many levels.
MEDINA PLEADS THE 5th AGAINST SELF INCRIMINATION
APD Chief Medina pleading his 5th Amendment Right against self-incrimination made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not being charged with any criminal offense. As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. Subsequent to the car crash, Medina made a series of public admissions against interests and admissions of liability including making a video statement to department personnel of his version of what happened.
The only logical explanation for Medina pleading the 5th Amendment against self-incrimination is that he has something to hide, and he wanted to avoid having to answer direct questions on his prior admissions of liability. He knew full well he would have to answer questions such as why his wife was in the car with him, who was actually driving the vehicle at the time of the accident, why he did not have his emergency equipment on and why he would say there was no oncoming traffic.
MEDINA’S NEW RIDE
The city went out of it way to purchase Medina a $100,000 replacement vehicle for the vehicle he totaled simply because he is the chief. Medina could have just as easily been assigned another low milage vehicle in the APD massive fleet of vehicles that would meet his needs. It’s common practice within the department when an officer totals a city assigned vehicle, they are not simply given a vehicle they can pick and choose, but assigned what may be available within the APD existing fleet. Confidential sources claim that Medina threw his weight around and made damn sure he got a brand-new vehicle off the lot to his likening. Medina now lives in Corrales in a home he just recently built and has been seen exiting Corrales at excessive rates of speed in his new vehicle with his emergency equipment engaged as he speeds past motorist and disrupts the quiet community.
MEDINA SHOULD HAVE BEEN TERMINATED
APD Chief Harold Medina should have been held 100% responsible for the car crash critically injuring a private citizen. Chief Medina should have been charged with reckless driving and should have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD with a finding that the accident was “non preventable” and a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition. Chief Medina and Mayor Keller for their part had the nerve to declare Medina the victim of the accident ignoring the real victim and that Medina almost killed that victim.
MEDINA’S VIOLATIONS OF STANDARD OPERATING PROCEDURES
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.”
FINAL COMMENTARY
It is common knowledge that Mayor Tim Keller is seeking a third term in 2025. Medina has also said he is going nowhere and will be retiring in December 2025 after the municipal elections. Voters need to send a clear message to Mayor Tim Keller that he along with his Chief of Police need to move on. Eight full years of Tim Keller giving preferential treatment to his executive staff has been more than enough as has been his mismanagement of APD.
A link to a related blog article is here: