It has been reported that on Monday, August 26, Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the City of Albuquerque and APD Chief Harold Medina. The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing. The Percherts are requequesting a jury trial.
The Percherts are claiming Chef Medina violated multiple state laws and department operating procedures when the crash happened. They also say the city is responsible because it was negligent in hiring, training and supervising Medina. The 20-page lawsuit also states Todd Perchert is unable to work, and has “suffered damage to the value and enjoyment of his life” because of his injuries from the crash.
PERSONAL INJURIES OUTLINED
According to a Channel 7 news report, Todd Perchert is seeking damages for the following personal injuries sustained in the car crash:
- Broken collarbone and shoulder blade
- 8 broken ribs (Reconstructed with titanium plates after surgery)
- Collapsed lung
- Lacerations to left ear and head
- Multiple gashes to face
- Seven-hour surgery
- Hospitalized with an epidural painkiller and chest tube for nearly a week
Perchert’s attorney Alejandro Acosta, who is with the law firm of Tawney, Acosta & Chaparro P.C. said this of his client:
“Todd is still experiencing great amounts of pain, due to his extensive injuries, daily pain that he has to deal with. He will tell you that he still feels the metal in his body, dealing with the recovery from the surgeries, continuing treatment. It’s a struggle for him every day to try to continue on with the life that was taken from him before the crash. We’ll let the civil justice system, bring justice to Mr. Perchert.”
KOAT TV legal expert John Day reviewed the civil complaint and said this of the lawsuit:
“It remains to be seen whether all these claims will survive in court. A lot of things could happen. The case could settle. The case could go to jury trial. Either way, this is going to be a case that a lot of people are paying attention to. … The victim of the crash is filing a civil suit claiming that he has received severe physical injuries and damages by Chief Medina during that accident— the plaintiff, the person who was injured. The driver says, ‘Look, you destroyed my classic Mustang. It landed me in the hospital with severe injuries. It’s had this effect on my life and therefore the city needs to pay me money. … He’s outlined in his lawsuit what his physical damages are. He’s also claiming basically what’s called Hedonic damages, loss of enjoyment of life— having to go through the pain and suffering of the accident and the aftermath has cost him, as well as, the loss of his car.”
APD AND MAYOR KELLER ISSUE STATEMENTS
A spokesperson Gilbert Gallegos issued the following statement on behalf of APD:
“We will respond to the allegations in court.”
Mayor Tim Keller’s spokesperson Ava Montoya issued the following statement:
“We recognize the hardships that Mr. Perchert and his wife have been through since the crash and trust that the process will be fair and appropriate.”
The links to quoted and relied upon news sources are here:
Victim of crash involving Albuquerque police chief files lawsuit (koat.com)
https://www.kob.com/new-mexico/couple-suing-albuquerque-police-and-city-over-chiefs-crash/
FACTUAL BASIS OF CLAIM
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 February 17, immediately after the car crash, Mayor Tim Keller held a press conference and essentially declared Chief Medina a victim. Keller said this:
“[Getting the call about the crash was] one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day. … Fortunately, in this case, I quickly learned he was OK. … [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.”
VIDEO OF ACCIDENT RELEASED
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 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, and running a red light.
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 accelerates through a red light at 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.
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.
RESULTS OF INTERNAL AFFAIRS INVESTIGATIONS
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” and therefore Chief Medina was not charge charged with any traffic violations by APD.
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.”
NEW INTERNAL AFFAIRS REPORT DISCLOSED
On August 25, it was reported that a report from APD 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. The Internal Affairs report 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 Friday August 26, 2024 it was reported 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 complaint , 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.
USE OF LAPEL CAMERAS BY ALL LAW ENFORCEMENT MANDATED BY STATE LAW
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.”
COMMENTARY ANALYSIS
Once Todd Perchert and his wife filed their civil complaint and once the complaint is personally served with a copy given to the city and Medina, the City has 30 days in which to file an Answer along with any defenses it may have as to liability and perhaps any counterclaims if any.
New Mexico is a “comparative negligence state” meaning when an accident occurs such as this, the fault and/or extent of negligence of each party involved must be determined and compared. Total damages are calculated and then the damages are divided accordingly and awarded based upon the respective negligence of each party. The city may attempt to argue that Todd Perchert was somehow contributorily negligent and that somehow, he could have avoided the car crash in order to reduce the city’s financial exposure.
After the city files its Answer to the complaint, a period known as “discovery” will be undertaken. Both sides to the case will be able to exchange interrogatories, which are questions that must be answered under oath, be allowed take depositions of the parties and witnesses and exchange documents related to the case. Those documents exchanged will include any investigation reports and documents prepared by the city and disclosure of all medical records and bills for the treatment of Todd Perchert’s personal injuries. Both parties will be allowed to file motions relating to evidentiary matters and other matters the parties deem fit to deal with case development.
The Percherts will have the burden of proof and be required to articulate actual damages sustained for recovery. The Parcherts as plaintiffs are demanding a jury trial which was expected. Under the New Mexico Tort claims act, the City has the duty and the legal obligation to fully defend Chief Medina and to provide him with legal counsel and a full defense. The city is a self-insured entity and is required to pay any and all attorney’s fees associated with the defense and pay judgements rendered against it and against APD Chief Medina for negligence found.
If the case proceeds to a jury trial, it’s very likely that a jury will render a significant judgment against the city and Chief Medina. Given all that has been reported in the media, including incriminating statements by Chief Medina, his admissions of liability and admissions against interests, as well as the videos of the car crash, the case will be extremely hard for the city to defend. Medina has caused the city and the citizens of Albuquerque major exposure to financial liability because of his actions, statements and willful failures to follow APD standard operating procedures. Because his acts were “official” the city and taxpayers will be required under the New Mexico Tort claims act to defend and indemnify him for his liability.
Civil litigation can take years and there is always a risk to both sides associated with going to trial before a jury. Part of the litigation process is mediation where the parties select a mediator appointed by the court and met in an attempt to settle the case by mutual agreement of the parties without a trial. The city would be wise to seek mediation in the case as soon as practical in order to avoid prolong litigation and increased costs.