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 Citizen of 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. Change.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. Citizens of Albuquerque can be considered as those who have signed the petition. As of September 30, a total 309 people have signed the petition.
The petition states:
“WHY THIS PETITION MATTERS
Started by Citizen of 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
OPEN LETTER TO MAYOR TIM KELLER
On September 27 the following email to Mayor Tim Keller was forwarded to www.PeteDinelli.com and ostensibly has been sent to Mayor Keller for his response:
EDITOR’S NOTE: Direct contact was made by www.PeteDinelli.com with the sender of the correspondence to Mayor Keller. The identity of the author of the correspondence to Mayor Keller has been identified as a retired APD Police Officer who asked to remain anonymous and is considered as a confidential source. The confidential source stated the media has ignored several requests for news coverage as have the city councilors.
Mayor Keller,
As an elected official it is your responsibility to serve the best interests of the public. Your service as mayor to Albuquerque is a privilege and is not your right. With that said, I wish to address the ongoing concerns many citizens have over the continued appointment of Chief Harold Medina. I am sure you aware that an official Brady complaint was lodged against Medina for “Abuse of Authority.” While this could apply to many instances during his tenure, it stems from his recent chicanery surrounding his admission that he intentionally violated state statutes (New Mexico Statutes Chapter 29. Law Enforcement § 29-1-18) concerning his body camera during his reckless crash that seriously injured a citizen of Albuquerque (the other driver sustained a broken collarbone, broken shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition).
Considering the nature of this incident, I find it relevant to point out the many incredulous administrative steps that were taken to allow this travesty of justice to occur. Despite the excuses your administration made for Medina, his crash was preventable. To clarify, even if he and his wife were in danger, that does not authorize him to engage in reckless behavior placing others in peril to protect himself. The fact is that he acted cowardly in a situation he is supposedly trained and experienced to handle (I myself have decades’ worth of law enforcement experience that include multiple situations of being in mortal danger). There was no excuse to recklessly speed through a red light with no regard for anyone else.
After this preventable incident occurred, the proper course of action was to have a third-party law enforcement agency conduct the investigation. How is it possible for a subordinate to conduct a fair and impartial investigation into their boss? It is not. Furthermore, Chief Medina was recorded by a member of his own department saying that they were doing this investigation to “appease everyone.” Not only was his attitude irreverent, but it is also demonstrative of his cavalier thoughts and actions toward his responsibilities to the public.
When this sham of an investigation was completed, Medina evaded actual consequences with nothing more than two letters of reprimand. If any other officer admitted, in an internal affairs interview, that they intentionally did not turn on their camera to protect themselves, from liability, they would have been facing harsher disciplinary measures up to and including termination. I say this knowing that politically it would be hazardous for the department to allow an admission like this to go unchallenged, considering the DWI scandal hanging over your and Medina’s head. Ultimately, Albuquerque’s “top cop” should have been held to the highest standard and terminated for his behavior.
Mr. Mayor I would like to remind you that under the city’s current Merit System Ordinance, Section 301.1; it is Chief Medina’s and your responsibility to remember that your “first obligation is to the general public’s safety and well-being.” Furthermore, under Section 301.3; “Employees shall in all instances maintain their conduct at the highest personal and professional standards in order to promote public confidence and trust in the City.…” Considering the intent of this ordinance, I would argue that these sections have been violated.
For the sake of brevity, I have chosen to focus on this incident alone, although there are many others where Medina and his staff have violated other Merit System Ordinances. I believe it prudent that I share a petition that is circulating (and still growing) demanding that you carry out your responsibility to the public and terminate Chief Harold Medina. For your contemplation and consideration, I have included the links to the petition, the Brady complaint, and a news article relevant to your reelection.
With great concern,
Citizens of Albuquerque
[The following links are provided]
Petition – https://www.change.org/terminateharoldmedina
Brady List – https://giglio-bradylist.com/individual/harold-%20medina
Reelection Controversies Article – https://www.koat.com/article/albuquerque-mayor-keller-2025-campaign/62087340
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.
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.”
CAR ACCIDENT VICTIM FILE SUIT
On 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 requesting 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.
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
The civil litigation is pending. If the case is not settled and 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.
CITY COUNCILOR LOUIE SANCHEZ FILES COMPLAINT AGAINST CHIEF MEDINA
On 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.
COMMENTARY AND ANALYSIS
There is absolutely no doubt that APD Chief Medina still enjoys 100% confidence of Mayor Tim Keller despite all of Medina’s admissions of violating standard operating procedures. After the accident caused by Medina, both Mayor Keller and Chief Medina had the gall to declare it was Medina who was the victim the car accident Medina caused. Medina declared his 5th Amendment right against self-incrimination when he was asked about his failure to activate his lapel camera. Keller went so far to say “[Chief Medina is] arguably the most important person right now in these times in our city.”
The preferential treatment that Chief Medina has been given by Mayor Keller and Medina’s Internal Affairs management team when it comes to investigating the car accident caused by his reckless driving that almost killed a private citizen is obscene and an embarrassment. Chief Medina violated multiple state laws and department operating procedures when the crash happened that normally would get any other police officer fired. Chief Medina should have been charged with reckless driving but instead was given a slap on the wrist in the form of letters of reprimand by his Internal Affairs department.
There has been no announcement on the status of the complaint filed against APD Chief Medina by City Councilor Louie Sanchez with the Law Enforcement Academy Board. Should the board in fact find that Chief Medina intentionally violated state law by not activating his lapel camera, the Board could suspend or terminate Medina’s law enforcement certification. Maybe then and only then will Mayor Keller take appropriate action to hold Chief Medina accountable for his conduct, thank him for his service and ask him for his resignation.
The links to related Dinelli blog articles are here: