On February 25, 2025 BCSO Deputy Jeff Hammerel, 39, resigned from the Bernalillo County Sheriff’s Office (BCSO) and quickly plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. Hammerel admits his role in the racketeering DWI Enterprise to dismiss cases for bribes to help criminal Defense Attorney Thomas Clear III to get DWI cases dismissed. Bernalillo County Sheriff John Allen announced that Hammerel had resigned before pleading guilty as charged.
DETAILS OF HAMMEREL PLEA
In his plea agreement, Hammerel admits to being involved in the scheme since 2017, working with defense attorney Thomas Clear III and private investigator Ricardo “Rick” Mendez and he admits to failing to appear in court for DWI cases. Under the arrangement, Hammerel would miss his court appearance, Clear would move to have the case dismissed. Hammerel says he was paid bribes of at least $20,000 in cash or gifts in exchange for his help in getting the cases dismissed. In his plea, Hammerel admits he had the help of an unidentified sheriff’s supervisor who has yet be charged.
In the federal Criminal Information charging Hammerel, which he plead guilty to, federal prosecutors allege in part:
“To ensure successful operation of the scheme, Mendez [Clear’s private investigator] contacted persons in authority at BCSO, including a supervisory BCSO deputy, to ensure that participating conspiring officers, including Hammerel, would not get in trouble for failing to appear at required settings.”
Federal prosecutors did not identify the BCSO supervisor or name any other person in authority at BCSO involved in the scheme.
In his plea agreement, Hammerel said he joined BCSO’s DWI unit in 2013 and began coordinating with Mendez, Clear and the unnamed BCSO supervisor in 2017. Hammerel admits that the BCSO supervisor “provided me assurances that I would not get in trouble for failing to appear” at court hearings, pre-trial interviews and other trial settings so DWI cases get dropped. Hammerel admits he was paid in cash and “Christmas gifts and gifts in connection with the birth of a child.”
Hammerel is the first member of BCSO to plead guilty or be charged in the case. Under the plea agreement, Hammerel faces up to 80 years in prison and $1.25 million in fines.
On February 25, Sherrif John Allen placed BCSO Undersheriff Johann Jareno on leave after he was interviewed by FBI. Jareno is the highest-ranking law enforcement official to be tied to the case so far. Jareno has been placed on the Bernalillo County District Attorney’s Brady-Gigilo list that specifies law enforcement officers who are not to be considered credible in court.
Bernalillo County Sherriff John Allen said this in a statement:
“The Bernalillo County Sheriff’s Office holds its deputies to the highest ethical and professional standards. Any violation of the public’s trust will not be tolerated. … While this matter is now in the hands of the federal justice system, we remain committed to transparency and accountability. We will continue to cooperate fully with our federal partners as the investigation proceeds. Given the ongoing nature of the federal investigation, BCSO will continue to defer further comment to the appropriate authorities handling the case. We are actively reviewing our internal policies and procedures to strengthen oversight and prevent future misconduct.”
Links to relied upon or quoted news sources are here:
https://www.koat.com/article/bernalillo-deputy-guilty-plea-dwi-scandal/63924769
https://www.kob.com/new-mexico/former-bcso-undersheriff-resigns-amid-dwi-scandal/
DWI CRIMINAL ENTERPRISE
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 and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme 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 where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.
More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying bribes to arresting officers.
According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so as a sanction against the prosecution. Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI or aggravated DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people charged as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a persons first, second, third or even the fourth offense, misdemeanor or felony DWI, while there is no charge if a person qualifies and is defended by the Public Defenders Office.
FOUR OTHERS HAVE PLEAD GUILTY AS CHARGED
Hammerel is the fifth person and the third law enforcement official to plead guilty as charged. Three Albuquerque Police Department officers, attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez, have all plead guilty as charged.
On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in a criminal Information. The 8 count criminal Information contains the following charges:
- 1 count of a RICO Conspiracy
- 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
- 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
- 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right
On 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 with no agreements as to sentencing but agreeing to cooperate. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.
On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion with no agreement as to sentencing and agreeing to cooperate. 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. On February 7, the Federal Bureau of Investigations (FBI) filed a “Complaint for Forfeiture” of a home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.
On February 12, former APD officer Neill Elsman plead guilty to 5 counts in federal of to conspiracy, extortion, and bribery. 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. Elsman faces up to 70 years in prison.
SEVENTEEN LAW ENFORCEMENT OFFICERS IMPLICATED
Former BCSO Deputy Jeff Hammerel is the 17th law enforcement officer to have resigned, retired, terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III. Fourteen APD Officers, two Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.
14 APD OFFICERS IMPLICATED OR CHARGED
During the past year, a total of 14 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 and 3 have been charged and have plead guilty. 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 14 officers who have resigned, placed on leave, who have been terminated, retired or charged 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 Friday, February 8, Alba plead guilty as charged to racketeering, bribery, extortion and conspiracy.
- 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 Friday, February 8, Montañoplead guilty as charge to racketeering, bribery, extortion and conspiracy..
- On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
- On May 9, 2024, Matthew Trahan was 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 February 12, Elsman plead guilty as charged to 5 counts of conspiracy, extortion, and bribery.
- 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 Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
- On January 24, 2025 APD announced they placed officers Matthew Chavezon leave.
- On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
- In 2022, Timothy McCarson retired from the Albuquerque Police Department 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.
TWO BERNALILLO COUNTY SHERRIFF DEPUTIES
On February 25, 2025 BCSO Deputy Jeff Hammerel resigned from BCSO and plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by Bernalillo County Sheriff John Allen.
NEW MEXICO STATE POLICE
On February 14, 2025 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/
COMMENTARY AND ANALYSIS
And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO) and the New Mexico State Police. 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. One BCSO officer has been charged and plead guilty. All defendants charged face up to 130 years in prison. The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges and expect more to plead guilty.
APD’S BASTION OF “DIRTY AND CORRUPT COPS”
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.
NO PUBLIC OUTCRY
What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada. No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he prepares to run for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.
CONCLUSION
The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general 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. Until then, do not expect any public outrage by the public or elected officials.