It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III. All those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning at least 15 years to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases they made DWI arrests. Over the last year, the investigation has evolved into to largest APD corruption case in the city’s history with no end in sight.
APD, BCSO AND STATE POLICE OFFICERS IDENTIFIED
During the past year, a total of 12 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave, who have been terminated or who have retired are:
- On February 7, 2024 Justin Hunt,who started at APD in 2000, resigned.
- On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
- On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
- On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
- On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
- On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
- On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
- On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
- On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in 2007 and was with the DWI unit from 2008 through 2013.
- October 16, Deputy Commander Gustavo Gomezplaced on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
- On January 24, 2025 APD announced they placed officers Matthew Chavez and Lt. Kyle Curtis on paid leave.
- On February 28, Lt. Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
- Timothy McCarson retired from the Albuquerque Police Department in 2022 and he has been implicated in the DWI scandal. The last week of January, 2025, the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
- On February 24, Bernalillo County Sherriff John Allen announced that BCSO Deputy Jeff Hammerel was immediately placed on administrative leave after it was announce he was being investigated for being a part of the bribery and conspiracy scandal.
- On February 14, the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases. Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave, who joined State Police in 2012, said in an online video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts. https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/
ACLU FILES CIVIL RIGHTS LAWSUITE AGAINST CITY, CHIEF MEDINA FORMER APD OFFICERS, CLEAR AND HIS PARALEGAL
On February 11, the American Civil Liberties Union (ACLU) of New Mexico, along with two law firms, announced that a civil rights lawsuit has been filed against the City of Albuquerque, Chief Harold Medina, former APD Officers Joshua Montaño, Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Daren Deaguero, Neill Elsman, Matthew Trahan, Mark Landavazo and attorney Thomas Clear, III and his paralegal Ricardo “Rick” Mendez.
The lawsuit has been filed on behalf of Plaintiff Carlos Sandoval-Smith a man who was wrongfully arrested, charged and jailed for Driving While Intoxicated (DWI) and forced to pay bribes to get the criminal charges dismissed by APD. Plaintiff Carlos Sandoval-Smith is alleged to be one of dozens of people who were “victimized” as part of an APD scheme with private criminal defense attorney Thomas Clear III to wrongfully charge and arrest people and then solicit bribes to get the charges dismissed.
The Civil Complaint is a 6 count, 17-page lawsuit filed in the Second Judicial District Court alleging the named former APD officers exploited DWI arrests they had made to solicit bribes in exchange for dismissal of the charges. The 6 counts allege:
- Unlawful Detention and Arrest charged against the city.
- Malicious Abuse of Process by the city.
- Deprivation of Due Process of Law by the city.
- Malicious Abuse of Process by the City
- Negligent Hiring, Training, Supervision, and Retention by the city.
- Racketeering charged against the former APD Police Officers named and attorney Thomas Clear III and Clear’s paralegal Ricardo “Rick” Mendez.
The lawsuit alleged the defendants, including APD Chief Harold Medina, each conspired with and amongst each other to violate New Mexico State law.
The Plaintiff’s “Prayer For Relief” requests the Court to enter judgment against the Defendants for:
- Compensatory damages
- Hedonic damages
- Punitive damages
- Pre-judgment interest
- Post-judgment interest; Declaratory relief
- Treble damages
- Reasonable attorneys’ fees and costs incurred in bringing the action, including expert fees
- Such other and further relief as the Court deems just
The link to review the civil complaint is here:
Click to access 2024.10.01_sandoval_smith_complaint_final.pdf
According to the ACLU press release, the lawsuit, filed in the Second Judicial District Court, claims that APD officers exploited DWI arrests to solicit bribes. The suit seeks monetary damages for the plaintiff, Smith, who was falsely arrested and pressured to pay thousands of dollars to have the charges dropped.
Plaintiff Sandoval-Smith said this:
“This lawsuit isn’t just about getting justice for me. It’s about stopping this abuse so no one else has to suffer the way I did. I lost my business, my home, and my dignity because of APD corruption. It even caused a deep rift in my family that we may never heal from.”
The complaint details a scheme involving APD officers, attorney Thomas Clear, and paralegal Ricardo Mendez, who allegedly worked together to extort money from DWI arrestees in exchange for making their charges disappear.
Taylor Smith, an attorney with Smith & Marjanovic Law, LLC who represent Plaintiff Sandoval-Smith said this:
“This is nothing short of an extortion racket operating under the badge. … Our clients were forced into impossible situations – either pay a bribe or face devastating legal and financial consequences.”
Maria Martinez Sanchez, legal director of the ACLU of New Mexico, said this:
“The people of Albuquerque deserve a police force that serves the public with integrity. We hope this lawsuit brings justice to those the APD has victimized and leads to real reforms to dismantle the systemic corruption within the department.”
The ACLU is calling for a thorough investigation into the APD’s practices and comprehensive reforms to prevent future abuses.
The link to the ACLU press release is here:
ATTORNEY CLEAR AND PARALEGAL MENDEZ FEDERALLY CHARGED AND PLEAD GUILTY TO ALL CHARGES
On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.
Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.
In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.
Based on Clear’s plea agreement, the DWI Enterprise scheme spanned the administrations of five Albuquerque police chiefs, including current APD Chief Harold Medina.
On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases.
Mendez was arrested, plead guilty to all the charges and was released on his own recognizance. Mendez is facing 110 years in prison on the charges. As part of the plea agreement, the federal prosecutors agree to a lesser prison sentence. Mendez has a prior felony conviction. State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.
CLEAR’S OTHER LEGAL WOES
On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, for the first time Thomas Clear III is named as a main player in the “DWI Enterprise” criminal organization. The US Attorney is seeking to seize Clear’s property and get title to the property where they believe the crimes took place.
On Tuesday, February 11, the New Mexico Supreme Court issued a Court Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:
“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”
The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.
THREE FORMER APD OFFICERS CHARGED AND PLEAD GUILTY
On Friday, February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under a Plea and Disposition Agreement. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially more than 100 years in prison. Alba and Montaño plead guilty to the charges two weeks after a private investigator, Ricardo “Rick” Mendez, who worked for DWI criminal defense attorney Thomas Clear, III plead guilty to racketeering and other charges. The APD officers allegedly took bribes to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.
Alba and Montaño are the first of 13 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear and admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps.
On February 12, former APD Officer Neill Elsman, was arraigned in U.S Magistrate Court and plead guilty as charged to 5 counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. He is one of 12 officers placed on leave after the allegations came to light. In his plea, Elsman admits to working with Clear since 2021 to get drunk driving cases dismissed in exchange for cash and other gifts. He is the third APD officer involved in the DWI dismissal scandal to plea guilty. Sentencing for Elsman has not been scheduled.
KYLE CURTIS AND APD LT. MATTHEW CHAVEZ
On January 28, the Albuquerque Police Department (APD) announced that APD Lt. Kyle Curtis retired one day before he was scheduled to speak with APD’s Internal Affairs after being implicated in the DWI bribery and conspiracy scandal to dismiss DWI cases. On January 24, Lt. Kyle Curtis and APD Lt. Matthew Chavez were place on leave within hours after it was reported that a federal criminal Information was filed against Ricardo “Rick” Mendez who plead guilty to racketeering, bribery and conspiracy to dismiss DWI cases. Lt. Curtis was added to 2nd Judicial District Attorney’s Office’s Brady-Giglio disclosure list which identifies officers who credibility in court has been compromised.
https://www.koat.com/article/albuquerque-police-lieutenant-retires-dwi-scandal/63594583
TWO FORMER APD OFFICERS IMPLICATED WORKED FOR CYFD, THEN PLACED ON LEAVE BY CYFD
On January 28, it was reported by KRQE that two of the APD officers who resigned last year connected to the federal investigation into the DWI Unit scandal were working for the New Mexico Children, Youth, and Families Department (CYFD). Harvey Johnson resigned in 2024 and gave up his badge rather than be interviewed by Internal Affairs. CYFD also confirmed that former APD officer Nelson Ortiz, who also resigned amid the DWI Unit scandal is working for CYFD. Andrew Skobinsky, CYFD Director of Communications, said this:
At the time of … hire, standard hiring practices and statutory authority confirmed … eligibility for employment with CYFD.
On January 30, 2025, it was reported that The New Mexico Children, Youth, and Families Department placed former APD police officers Harvey Johnson and Nelson Ortiz on administrative leave after KRQE News 13 uncovered they were both former Albuquerque police officers connected to the federal DWI investigation. Several foster parents reached out to KRQE News 13 saying they were concerned the officer could negatively impact their court cases since the officers were deemed unreliable.
https://www.yahoo.com/news/cyfd-places-two-former-apd-053615986.html
FORMER APD OFFICER IMPLICATED DWI BRIBERY AND DISMISSAL SCANDAL SECURES STATE CONTRACT TO TRAIN OFFICERS TO RECOGNIZE DRUNK DRIVING
Timothy McCarson retired from the Albuquerque Police Department in 2022. He has been added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
It has been reported that Timothy McCarson is now in charge of training officers across the state on how to recognize drugged and drunk driving. McCarson runs the consulting firm, BRV Consulting, which holds a contract with the state to provide specific training to specialty officers, including members of DWI units.
The contract was awarded by the New Mexico Department of Transportation in September 2024. It shows Mc Carson’s firm was set to receive $294,000 each year for the next four years—through fiscal year 2028. The total contract amounts to $1,176,000, which NMDOT said comes from federal funding.
The link to the quoted and relied upon new source is here:
COMMENTARY AND ANALYSIS
And the beat goes on with the largest corruption case in APD’s history and with no end sight. Within a few weeks, federal charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. All defendants charged face up to 130 years in prison. To top things off, a civil rights law suite has been filed by the ACLU against the city, APD Chief Medina and former APD Officers charged .
The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges. The prosecutions are being done piecemeal one or two at a time. U.S. Attorney for Alexander Uballez put it this way:
“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”
There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.
There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.
The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.
The links to a related articles are here: