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.
Medina admitted in an interview he did not have his lapel camera on and for that reason Medina referred the car crash to the Superintendent of Police Reform for investigation. The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” The city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the car crash resulted in two “letters of reprimand” and no other discipline was imposed.
The New Mexico Department of Justice decided not to charge Medina with careless driving even after APD’s Internal Affairs found Medina violated the department’s policies for failing to safely operate his vehicle and failing to turn on his body camera. The NM Department of Justic found that although Chief Medina’s actions might satisfy the elements of careless driving, prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress.
Chief Medina has never been charged with any traffic violations for the February 18 car crash. A civil cause of action for personal injury and damages has been filed against the city and Chief Medina by the victim of the crash.
NEW INTERNAL AFFAIRS REPORT
On Aust 23, KOAT TV reported that 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.
CITY COUNCILOR LOUIE SANCHEZ FILES COMPLAINT AGAINST CHIEF MEDINA
On Friday August 26, 2024, in a press release, it was announced that District 1 City Councilor Louie Sanchez has filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash. The press release reads in full as follows:
“For Immediate Release: August 26, 2024
Councilor Sanchez Files Complaint with NM Department of Safety Against APD Chief Medina Chief’s actions on accident scene appear to be in violation of state law.
“[Albuquerque City] Councilor Sanchez submitted a formal request for a state investigation of the conduct of Chief Medina at the scene of the February accident. The request, known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action. Such action by Medina appears to violate Governor Michelle Lujan Grisham’s 2020 public safety accountability bill which requires police officers to wear the body worn cameras and record encounters with citizens.
The Law Enforcement Training Act (Section 29-7-1 through 29-7-16), grants the Law Enforcement Academy Board of Directors the power and duty to refuse, suspend, or revoke the certification of a police officer or telecommunicator for just cause as provided for under the Law Enforcement Training Act and Board Rules.
“As the chief law enforcement officer of the state’s largest police department, the chief should hold himself to a higher standard than that of his rank and file, not lower. We are at a crossroads where officer morale is at an all-time low and public trust might even be lower,” Councilor Sanchez stated. “Chief Medina’s actions are the type of actions that brought the U.S. Department of Justice oversight in the first place. Here, he openly disregarded state law.”
It is imperative to uphold the highest standards of integrity and professionalism within our law enforcement agencies, and this investigation aims to address any concerns or allegations with the utmost seriousness.
The request for investigation has been submitted to the Department of Public Safety, Law Enforcement Academy and will be conducted by the LEA Board of Directors. The findings of this investigation will be made public to ensure that our community is kept informed throughout the process.”
The link to the press release is here:
According to former Attorney General Hector Balderas, anyone can submit an LEA-90, or misconduct form, to the LEA Board.
KELLER ADMINITRATION LASHES OUT AT SANCHEZ
In response to the complaint filed by Councilor Louie Sanchez the Keller Administration issued the following statement:
“Louie Sanchez has publicly carried a grudge against Chief Medina for years, but his most recent publicity stunt is not only over the top, it’s redundant. Chief’s crash has been extensively reviewed and a final decision made, and APD is focused on fighting crime.”
The link to the quoted and relied upon news source is here:
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 brand 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:
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 APD 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.”
LAW ENFORCEMENT CERTIFICATION BOARD
The “Law Enforcement Certification Board” is administratively attached to the Department of Public Safety. The board consists of eleven members appointed by the governor with the advice and consent of the senate. The Law Enforcement Certification Board by statute is given the power to deny, suspend or revoke a peace officer’s certification for just cause. The board is empowered to conduct investigations as necessary to make determination regarding fitness of a law enforcement officer to execute a law enforcement officer’s duties.
https://law.justia.com/codes/new-mexico/chapter-29/article-7/
The “Law Enforcement Certification Board” may refuse to issue, or may suspend or revoke any police officer’s certification for a number of reasons including when the board determines that a person has committed acts that constitute dishonesty or fraud.
https://law.justia.com/codes/new-mexico/chapter-29/article-7/section-29-7-13/
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. It has been a major injustice to the real victim of the car accident who Medina put in the hospital in critical condition.
MEDINA PLEADING THE 5th AGAINST SELF INCRIMINATION
APD Chief Medina pleading his 5th Amendment Right against self-incrimination during an internal affairs interview to determine violations of personnel policy made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not charged with any criminal offense. It is well settled criminal law that any defendant at the time of an arrest is given their “Miranda Rights” which includes the right to remain silent and the right to an attorney.
A charged defendant has the right to refuse to talk to law enforcement, refuse to give any statements and to refuse to testify unless the defendant waives the right against self-incrimination, even after an arrest or in custody. 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 which were a waiver of his right against self-incrimination.
As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. The only logical explanation for Medina pleading the 5th Amendment against self-incrimination with Internal Affairs is that he had 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 FOR VIOLATIONS OF STANDARD OPERATING PROCEDURES
On February 17, APD Chief Harold Medina violated the following APD Standard Operating Procedure:
- 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.”
The city and Mayor Tim Keller should have held APD Chief Harold Medina 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 and by Mayor Tim Keller.
The finding that the accident was “non preventable” and Medina given a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition was an insult to the general public. It was a major disservice and a real injustice to the real victim of the car accident who Medina put in the hospital in critical condition.
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.
LAW ENFORCEMENT ACADEMY BOARD SHOULD DETERMINE IF MEDINA’S LAW ENFORCEMENT CERTIFICATIONS SHOULD BE SUSPENDED OR TERMINATED FOR HIS WILLFUL VIOLATION OF STATE LAW
Simply put, the investigation conducted by the APD Internal Affairs and the APD Crash review board reek of preferential treatment and lack of transparency and accountability. When Medina’s February 17 crash occurred, it should have never been investigated by APD given that it was his own agency he manages and oversees. APD investigating its Chief called into question legitimacy, fairness and impartiality. The case should have been handed over immediately to another law enforcement agency such as the New Mexico State Police to insure accountability and transparency.
Albuquerque City Council Louie Sanchez has every right to file his complaint against APD Chief Medina. The Keller Administrations personal attack and lashing out against Sanchez for filing of his complaint is so very typical of its petty, nasty hostility Keller has whenever the City Council challenges or exerts their legitimate oversight authority over the Albuquerque Police Department. Mayor Keller for his part could have avoided all of this by doing the right thing by suspending Chief Medina when the accident occurred and referring the matter to an outside agency. Instead, Keller and Medina have portrayed Medina as the victim of the car crash Medina caused putting another in the hospital in critical condition.
APD Chief Medina’s failure to activate his lapel camera as required by state law amounts to an act of dishonesty or fraud. The Law Enforcement Academy Board needs to take the complaint filed by Councilor Sanchez against Chief Medina very seriously. It needs determine if Chief Medina’s law enforcement certifications should be suspended or even terminated for his willful act of bad faith and spoilation of evidence with his intentional failure to activate his lapel camera on February 17.
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.
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POSTSCRIPT
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
The link to a related Dinelli blog article is here: