ABQ Journal Dinelli Guest Opinion Column “City leaders should be very disturbed by officer’s remarks”; Culture of Aggression Alive And Well Within APD

On Sunday, August 11, the Albuquerque Journal published on its editorial pages the following Pete Dinell guest opinion column along with a screenshot from an APD lapel camera:

JOURNAL HEADLINE: “City leaders should be very disturbed by officer’s remarks”

By Pete Dinelli, city resident

“APD Internal Affairs is investigating audio from one officer’s body camera that recorded a racist conversation between officers after the April 11 police officer killing of a suspect resisting arrest. Unbeknownst to the officers, their conversation was recorded when one officer who had fatally shot the 30-year-old suspect forgot to turn off his lapel camera.

The officers disparage the man just killed as a “honky” with “a weird accent” expressing relief that the man wasn’t black “because of the optics.”  The comments included referring to Native Americans as “savages”.  Officers were not segregated separately for interviews with one ostensibly being coached on what to say to the Multi-Agency Task Force called in to investigate.

The most disturbing comments on the audio made by one officer are these:

“I like violent encounters with violent people. That’s why I became a cop. I didn’t come to [F-expletive] help old ladies who can’t cross the [F-expletive]  road.  I want to take actual shitheads that are actually doing stuff off the street. If it means you shoot some of them, so be it.”

Remarks on police violence like these from any APD cop should be the most disturbing to the APD high command, elected officials and the general public. The comments reflect a philosophy that should disqualify any person from becoming a police officer in the first place. The comments reflect that APD’s Culture of Aggression found by the Department of Justice 10 years ago is alive and well within APD rank and file.

 All the comments were severely condemned by Mayor Tim Keller, the ACLU and Native American rights advocates.  The police union president disgustedly defended the comments saying “These guys were joking around, they were decompressing, they were saying inappropriate stuff, like a lot of us do with our friends and family when we’re not in public.

For upwards of 10 years, APD has been under a federal court approved settlement agreement mandating 271 reforms after a Department of Justice investigation found that APD had engaged in a pattern of “excessive use of force” and “deadly force” and finding a “culture of aggression.” The city has spent millions on reform efforts, has created and staffed new divisions to hold APD officers accountable, rewrote use of force policies and procedures and trained APD officers in constitutional policing practices. APD is on the cusp of the case being dismissed.

Despite the significant gains made by APD in the implementation of the reforms, APD police officer shootings and the killing of civilians is occurring at a deeply troubling rate.  The nonprofit Mapping Police Violence reported that last year that APD was ranked No. 1 in police officers killing civilians in a listing of 50 largest cities in the United States.

Racist remarks and glorification of police violence made by any APD officer must be condemn in no uncertain terms. Remarks such as these by police cannot be tolerated. They must be dealt with swiftly and decidedly.

It’s likely the Multi-Agency Task Force investigating the police shooting will ultimately find that the shooting was justified and that the officers will not be disciplined for use of deadly force. However, such a finding does not excuse APD officers from not following required protocol after the use of deadly force or the use of racial slurs and the glorification of violence.  

APD may be on the verge of dismissal of the federal court approved settlement agreement, but this incident and the fact that APD is ranked number one in the country for deadly force police shootings is a reflection APD’s Culture of Aggression is alive and well.”

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com.

Many thanks to the Albuquerque Journal for publishing the guest column.

The link to a related blog article with greater detail on the facts of shooting and what was said is here:

Activated APD Video Camera And Open Mike Captures Racial Slurs And Glorification Of Violence By APD Officers Immediately After Civilian Killing; APD’s Culture Of Aggression Still Lives On After 10 Years Of Court Approved Settlement Agreement Reforms; Racism Within APD Must Be Condemned And Eradicated

 

City’s Homicides And Nonfatal Shootings Continue To Decline; Part of National Trend Having Nothing To Do With Mayor Tim Keller’s Failed Policies

On July 16, the Albuquerque Police Department released the city’s  mid-year homicide numbers. According to APD, the city has recorded 13 fewer people killed this year than at the same point a year ago. Forty-seven people have been killed, most of them in shootings, as of July 16. By the same time last year, there had been 60 people killed, and 70 in 2022.

Justifiable homicides, which are defined as shootings done in self-defense, have also dropped, from 10 in mid-year 2023 to 3 this year.

Of the homicides as of July 16, detectives have solved 34 cases and arrested 43 people in the crimes. As in years past, some cases involved multiple suspects. Detectives have also charged or arrested 26 people from previous years’ homicides, dating back to 2017.

In general, the City’s gun violence continues to show a decrease, a trend that has been happening since 2022 when APD recorded a record-high 120 homicides. There has also been a 7% decrease in  nonfatal shootings going  from 172 in mid-year 2023 to 160 so far in 2024.

Notwithstanding the decline in homicides, APD reported that many of the trends within the homicide numbers have stayed the same with most of the cases involve guns.  Hispanics, Blacks and Native Americans are overrepresented as the majority of those killed.

The trends stayed similar for the age range of those doing the killing, most of them being 18-35, while 30% of victims were 36-45, followed by those 18-35.

Robberies and domestic violence are the  two  largest categories of crime involving homicides.

ROLE OF FENTANYL

APD Commander Kyle Hartsock oversees APD’s Criminal Investigation Bureau.  He said fentanyl is playing  a bigger role in homicides in recent years, with drug robberies-turned-fatal shootings becoming a bigger trend. Hartsock also said social media is  fuel to the fire.  Hartsock said this:

“If you go five years or 10 years back, fentanyl didn’t exist or was minorly involved. … The amount of social media influencers who are showing the illegal trading and exchange of firearms, drugs and things like that has just increased tremendously. …  What used to be tagging in an arroyo with a gang moniker is now on Instagram, with followers, so we see these influencers starting to come up more and more in our gun cases.”

But Hartsock said APD has gotten better at detecting it on social media and taking action against those involved. Going forward, he said, “the organism maybe evolves again and we evolve with it.”

APD Police Chief Harold Medina for his part said this:

“As you saw from the peak of the pandemic till now, it has dropped off. And if we could keep this pace up, you know, we could hopefully be somewhere in the 80s by the end of the year.”

Chief Medina credited the drop in homicides in part  to APD’s targeted warrant roundups and programs such as the Violence Intervention Program.  According to Medina, the department is working proactively to get and serve warrants, and get dangerous people behind bars. But he says it’ll take input from lawmakers to really bring our homicide numbers down.

Medina said this:

“Now, we’re trying to pick them up as soon as possible before they commit another shooting . Pretrial detention is the big issue that needs to be addressed. And at some point we need to keep the right individual — I think we’ve gotten better at it, but we do have to do a better job at keeping some individuals in custody. There’s still a lot of work to be done. … We’re still higher than we want it to be as a city. We still have room to improve.”

Medina also  said APD’s detective academy, established in recent years, has led to successes in solving cases as well as relying more on digital evidence which is  gleaned from social media and phone records. Medina said in the past, there were people on the streets tied to multiple homicides.  Medina said this:

https://www.abqjournal.com/news/albuquerque-police-see-mid-year-decrease-in-homicides/article_0e4f8eca-43c9-11ef-91cf-4b0c0567be07.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/albuquerque-police-say-homicides-are-down-in-mid-year-report/

2023 CRIME STATISTICS RELEASED

It was on  February 29, 2024 that the Albuquerque Police Department released the city’s crime statistics for 2023 compiled using the FBI’s National Incident Based Reporting System (NIBRS).

STATISTICS RELEASED

The overall statistics released by APD showed a very small decrease in overall property crime and a small increase in violent crime.  The statistics showed APD officers made more felony arrests and wrote more traffic citations last year.

The statistics showed property crime has leveled off in the city since measuring large decreases from 2018 to 2020. Property crime saw its largest increase, 43%, in shoplifting, with about 2,100 more offenses reported. Auto theft, burglary and robbery saw decreases of 13%, 16% and 41%, respectively.

The data showed that, from 2022 to 2023, there was a 0.18% decrease iCrime Against Property and a 3% increase in Crime Against Person.

Violent crime has ebbed and flowed from 2022 to 2023 rising and falling marginally. Violent crime saw 5% increases in both aggravated and simple assault. There was and a 9% drop in sex crimes. Homicides, which hit a record-high of 121 cases in 2022, decreased 19%, and nonfatal shootings dropped 6%.

The city also saw a 6% drop in nonfatal shootings, according to Albuquerque police data, from 353 in 2022 to 332 in 2023. Last year’s total still remained well above the 265 and 285 shootings recorded in 2021 and 2020, respectively.

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. Crime Against Society  had  a 49% spike, driven mainly by increases of 69%, 42% and 15% in drug offenses, trespassing and weapons violations, respectively.  Since 2018, the Crime Against Society category has skyrocketed by 136%.  According to APD Spokesperson Gilbert Gallegos,  the spike in drug offenses is due to more trafficking investigations, but also “much more aggressive” enforcement on “low-level fentanyl possession.”

APD Spokesperson Gilbert Gallegos said some of the largest crime increases,  such as the increases in drug offenses and shoplifting, go hand in hand. Gallegos said this:

“Obviously, we know that a lot of these offenses … those are people who go into jail (and) come right back out. …To actually make a difference … it’s going to take a concerted effort to address the addiction and those [issues] that’s driving this crime.”

Statistics also showed large jumps in APD’s felony arrests, cleared felony warrants and traffic citations with 14%, 26% and 28% increases, respectively.  According to the data released, crimes reported over the phone and online were 64% and 159% higher last year than in 2018 and 2019, respectively, when the technology was in its infancy.

The link to quoted news source materials is here:

https://www.abqjournal.com/news/albuquerque-police-release-data-showing-overall-crime-hasnt-budged-much/article_1f3acfb2-d757-11ee-a31f-b3f0da812de9.html#tncms-source=home-featured-7-block

https://www.cabq.gov/police/news/apd-releases-2023-crime-stats-1#:~:text=Crimes%20against%20property%20remained%20the,National%20Incident%2DBased%20Reporting%20System.&text=In%20the%20Crimes%20against%20Person,19%25%20between%202022%20and%202023.

https://www.cabq.gov/police/documents/crime-stats-2023-presentation.pdf

HOMICIDES DROP BY 19%

The most significant statistic reported is that the city’s homicides are down 19% from last year going from 121 in 2022 to 98 in 2023. It marked Albuquerque’s largest annual decrease since 2010, when homicide totals hovered in the 30s.

According to APD, the downward trend in homicides is a result of better staffing, making more arrests in violent crime and solving cases. Police Chief Harold Medina attributed an improving solve rate to boosting the homicide unit to 16 detectives and training them better. He said he believed the sheer number of homicide suspects arrested — 117 in 2023 alone  has driven down new cases.

APD detectives solved 53 of the 84 homicide cases from 2023 for a 63% clearance rate. Some involved multiple victims, and several suspects have since died or are on the loose.

Medina said getting thousands of stolen and pandemic-purchased guns off the streets is a major hurdle in reducing violent crime and homicides.  Medina  said the surplus of guns means more people are armed when a “simple conflict” arises.  The “simple conflict” defined  by APD as “individual disrespect” accounted for 57% of 2023’s killings.

The Albuquerque Police Department also solved 31 homicide cases from previous years, including a case that had long gone cold, a 2014 killing of a local homeless advocate.

The city also saw a 6% drop in nonfatal shootings from 353 in 2022 to 332 in 2023. Last year’s total still remained well above the 265 and 285 shootings recorded in 2021 and 2020, respectively.

HISTORICAL TREND

The city’s recorded 19% drop in homicides last year marked Albuquerque’s largest annual decrease since 2010, when homicide totals hovered in the 30s. Following are the numbers from the 7 years:

  • 2017: 70 homicides
  • 2018: 69 homicides
  • 2019: 80 homicides
  • 2020: 78 homicides
  • 2021: 110 homicides
  • 2022: 120 homicides
  • 2023: 93 homicides

Following are the Aggravated Assaults numbers for the past 7 years also reflect a slight decline:

  • 2017: 4,213
  • 2018: 5,156
  • 2019: 5,337
  • 2020: 5,592
  • 2021: 5,669
  • 2022: 5,399
  • 2023: 4,961

The trend downward mirrored those seen nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic. Locally, authorities say it is a result of better staffing and making more arrests in violent crime.

https://www.petedinelli.com/2024/03/04/apd-releases-2023-crime-statistics-reflecting-19-decline-in-homicides-reflects-national-trend-not-success-of-mayor-tim-kellers-programs-to-bring-down-crime/

INTERTPRETING THE DATA

Paul Guerin, director of the University of New Mexico’s Center for Applied Research and Analysis was asked by the Albuquerque Journal to review the APD-provided data on the city’s 2023 homicides. The statistics detailed motive (“individual disrespect,” drug-related and domestic violence took the top three categories), victims’ ages (most were between 36 and 45), suspects’ ages (most were between 18 and 25), weapons used (80% involved a gun) and victim and suspect race/ethnicity (the majority involved Hispanics, but Black people were disproportionately represented).

Guerin said the data lacked case-by-case specifics to “paint a better picture of murders in Albuquerque. ” He said such information could be used to bring the death toll down but also solve more cases. He said nationally and locally, the previous increase in homicides and violence is often blamed on what he called “the degrading of the social contract.” Guerin said this:

“There’s this general idea of this change in behavior that the pandemic kind of accelerated … [such as more] reckless driving, suicides, drug use and overdoses.  …  Homicides could just be another example.”

Guerin said that whatever the causes, the upside is that the trend reverted last year in many cities, including Albuquerque. Guerin said:

“Things always just revert to the norm. …The problem is, our norm is always higher than everyone else’s.”

FBI data shows that when homicides and violent crime decreased in the United States in the 1990s, Albuquerque and New Mexico never caught up. The homicide rate, save for in three distinct years, never fell as low as the national rate over three decades.

Even in comparison to violent locales like Baltimore and Chicago, which were high but steady, the homicide rate in New Mexico, driven largely by Albuquerque as the biggest city, vacillated greatly from year to year. Guerin said this:

“There’s something unique about Albuquerque. What is it about our location? … Why do we always have more murders? … [Is the nexus of Interstate 25 and Interstate 40 invited crime, or if violence is somehow ingrained in the state’s culture.”

In his 32 years conducting studies at UNM for government agencies and policymakers, Guerin said nobody has studied those particulars.

“Right now, all we can do is we can say, ‘Here’s our (homicide) count, here’s what they look like, they kind of follow trends.’ But to get down to the nuances of this, like, ‘why?’ we’ve never done it,” he said. “It’s not like math, where something equals something. We’re taking our best understanding of these things with the information that was available.”

Guerin said crime, in general, is always underreported but there’s no indication the data available doesn’t give an accurate picture.

A 2023 Gallup survey found that 77% of those polled think crime was higher than the previous year. The national poll found 63% believed “the crime situation in the U.S. is extremely or very serious.” Guerin said of the poll “That’s not true, but they perceive it to be true. …It’s always been a problem, and the problem goes both directions. People telescope either way … exaggerate either way.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/albuquerque-sees-shootings-decrease-in-2023-even-as-gun-violence-tears-families-apart/article_46cfaa60-c60a-11ee-9c68-530f06c95c43.html

On April 26, 2023, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque was ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic was  Albuquerque’s increase in homicides.

The Major Cities Chiefs Association report shows in 2022, there was a 5% drop in homicides nationwide. According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides. The report shows in 2021, there were 106 homicides. In 2022, there were 115, an 8% increase. Other nearby cities like Phoenix saw a 13% increase in homicides. Meanwhile, to the north, the Denver Police Department reported an 8% decrease in homicides. Just four hours south, the city of El Paso saw a 28% decrease in homicides, one of the highest drops in the report.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

INTERTPRETING APD  DATA

Paul Guerin, director of the University of New Mexico’s Center for Applied Research and Analysis was asked by the Albuquerque Journal to review the APD-provided data on the city’s 2023 homicides. The statistics detailed motive (“individual disrespect,” drug-related and domestic violence took the top three categories), victims’ ages (most were between 36 and 45), suspects’ ages (most were between 18 and 25), weapons used (80% involved a gun) and victim and suspect race/ethnicity (the majority involved Hispanics, but Black people were disproportionately represented).

Guerin said the data lacked case-by-case specifics to “paint a better picture of murders in Albuquerque. ” He said such information could be used to bring the death toll down but also solve more cases. He said nationally and locally, the previous increase in homicides and violence is often blamed on what he called “the degrading of the social contract.” Guerin said this:

“There’s this general idea of this change in behavior that the pandemic kind of accelerated … [such as more] reckless driving, suicides, drug use and overdoses.  …  Homicides could just be another example.”

Guerin said that whatever the causes, the upside is that the trend reverted last year in many cities, including Albuquerque. Guerin said:

“Things always just revert to the norm. …The problem is, our norm is always higher than everyone else’s.”

FBI data shows that when homicides and violent crime decreased in the United States in the 1990s, Albuquerque and New Mexico never caught up. The homicide rate, save for in three distinct years, never fell as low as the national rate over three decades.

Even in comparison to violent locales like Baltimore and Chicago, which were high but steady, the homicide rate in New Mexico, driven largely by Albuquerque as the biggest city, vacillated greatly from year to year. Guerin said this:

“There’s something unique about Albuquerque. What is it about our location? … Why do we always have more murders? … [Is the nexus of Interstate 25 and Interstate 40 invited crime, or if violence is somehow ingrained in the state’s culture.”

In his 32 years conducting studies at UNM for government agencies and policymakers, Guerin said nobody has studied those particulars.

“Right now, all we can do is we can say, ‘Here’s our (homicide) count, here’s what they look like, they kind of follow trends.’ But to get down to the nuances of this, like, ‘why?’ we’ve never done it,” he said. “It’s not like math, where something equals something. We’re taking our best understanding of these things with the information that was available.”

Guerin said crime, in general, is always underreported but there’s no indication the data available doesn’t give an accurate picture.

A 2023 Gallup survey found that 77% of those polled think crime was higher than the previous year. The national poll found 63% believed “the crime situation in the U.S. is extremely or very serious.” Guerin said of the poll “That’s not true, but they perceive it to be true. …It’s always been a problem, and the problem goes both directions. People telescope either way … exaggerate either way.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/albuquerque-sees-shootings-decrease-in-2023-even-as-gun-violence-tears-families-apart/article_46cfaa60-c60a-11ee-9c68-530f06c95c43.html

On April 26, 2023, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque was ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic was  Albuquerque’s increase in homicides.

The Major Cities Chiefs Association report shows in 2022, there was a 5% drop in homicides nationwide. According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides. The report shows in 2021, there were 106 homicides. In 2022, there were 115, an 8% increase. Other nearby cities like Phoenix saw a 13% increase in homicides. Meanwhile, to the north, the Denver Police Department reported an 8% decrease in homicides. Just four hours south, the city of El Paso saw a 28% decrease in homicides, one of the highest drops in the report.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

COMMENTARY AND ANALYSIS

When the city’s mid-year 2024 homicide statistics were released, Chief Medina credited the drop in homicides in part to APD’s targeted  programs such as the Violence Intervention Program.  One thing that is very certain is that the downward trend in Albuquerque’s homicides has nothing to do with the Mayor Tim Keller’s failed Violent Crime reduction programs, including Keller’s Violence Intervention Program.

KELLER’S FAILED VIOLENT CRIME REDUCTION PROGRAMS

It was in 2019 that Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates. Keller also launched his “Community Safety Department” and his “Metro Crime Initiative” which he claimed would fix the “broken criminal justice” system.

All 4 initiatives involve early intervention and partnership with other agencies and are summarized as follows:

1. THE SHIELD UNIT

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.

https://www.abqjournal.com/1325167/apd-expands-unit-that-preps-cases-for-prosecution.html

2.   DECLARING VIOLENT CRIME A PUBLIC HEALTH CRISIS

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health crisis” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

3.  THE “VIOLENCE INTERVENTION PLAN” The “Violence Intervention PLAN (VIP program)

On November 22, 2019 Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. Mayor Keller stated:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

The “Violence Intervention Plan” can be described as a “fantasy land” experiment especially when there is little that can be done to prevent the violent crime of murder by “trying to get these people not to shoot each other” and “understanding who they are and why they are engaged in violent crime.”

4.   THE METRO 15 OPERATION PROGRAM

On Tuesday, November 26, 2019 Mayor Tim Keller held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017.

FAILED PROGRAMS

Simply put, all 4 of Keller’s programs can be described simply as failures and not having any real statistical impact on reducing crime. The truth is that for a good 3 years before the COVID pandemic hit the city hard in 2020 under Keller’s watch, violent crime rates were spiking, so much so that 6 years ago then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone of his campaign.

Notwithstanding the 19% reduction in homicides in 2023, the sure spike in homicides during Keller’s 6 year tenure as Mayor is an obscene reflection that the city is  one of the most violent cities in the country under his tenure.  This is our new norm as the city follows national trends.

Keller’s promise 7 years,  ago when he ran for Mayor the first time,  of  1,200 sworn police has never materialized and currently the city has  about 860  sworn police. The city and APD never once in his 6 years as Mayor even  had 1,000 sworn police. Keller himself has said the 1,100 figure is unrealistic and no longer even mentions his original goal of 1,200 sworn.

There has been a decrease in homicides in big cities including Los Angeles and Detroit, but also in those long besieged by gun violence, like Chicago. Baltimore, with a similar population and reputation as Albuquerque for years has been known as one of the most violent American cities.  Last year, Baltimore recorded a 22.5% drop in homicides, its largest single-year decrease, and a 7% drop in nonfatal shootings.

Albuquerque’s trend downward in homicides reflects an identical downward trend nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic.

Mayor Tim Keller’s is expected to run for a third term in 2025 and has already made it know to his executive staff he is running. There is no doubt Mayor Tim  Keller will try and  take credit for the City’s declining crime rates when in fact all of his efforts have been a failure.  Albuquerque is worse off today with Tim Keller as Mayor than when he was elected the first time in 2017. Hope springs eternal that he will move on and not seek another 4 years.  A full 8 years of Tim Keller as Mayor is enough.

Activated APD Video Camera And Open Mike Captures Racial Slurs And Glorification Of Violence By APD Officers Immediately After Civilian Killing; APD’s Culture Of Aggression Still Lives On After 10 Years Of Court Approved Settlement Agreement Reforms; Racism Within APD Must Be Condemned And Eradicated

On April 11 Albuquerque Police Officers (APD) were involved in an officer-involved shooting that left one suspect man dead. The shooting took place in the Walmart parking lot on Wyoming Boulevard near Menaul Boulevard.  At the time of the shooting, APD officers were looking for Adriana Gonzales, who is believed to be involved in several Albuquerque armed robberies. They located her, as well as a man, identified by APD as Mark Benavidez, at around 11:35 a.m. on April 11 in the Walmart parking lot. Gonzales and Benavidez had warrants out for their arrest.

DETAILS RELEASED ON SHOOTING

On May 30, APD held a news conference to release details on the April 11 officer-involved shooting.  APD Chief Harold Medina said officers were searching for 25-year-old Adriana Gonzales, who they believed was involved in several armed robberies. Police located Gonzales around 11:35 a.m. in the parking lot of the Walmart near Wyoming and Menaul.  Adriana Gonzales was with a man identified as 30-year-old Mark Benavidez.

APD Commander Kyle Hartsock said robbery detectives were able to identify Adriana Gonzales on April 10 and secured an arrest warrant for robbery with a deadly weapon and 3 counts of conspiracy to commit robbery. Benavidez was not identified at that time.  On April 11, Gonzales and Benavidez were tracked to the Walmart at 2266 Wyoming Blvd., N.E. Detectives observed Benavidez leave a vehicle and enter the Walmart, leaving Gonzales in the car. Detectives then arrested Gonzales without incident.

Detectives waited by the Walmart entrance waiting for Mark Benavidez to come out. Commander Hartsock said that Mark Benavidez had an unrelated warrant out for his arrest and was suspected of being involved with the armed robberies. As Benavidez left the store, two APD detectives attempted to take Benavidez into custody. When Mark Benavidez attempted to flee into the parking lot, one of the detectives grabbed Benavidez and they both fell to the ground.

As they fell, Benavidez grabbed the detective’s rifle and put his finger on the police rifle. Mark Benavidez then used his other hand to turn the safety off on the rifle. The rifle went off into the ground and the second detective shot Benavidez with a taser. A third detective then got involved and pushed the rifle into the ground and tried to get Benavidez’s hands off the rifle.  The police rifle was fired 7  more times into the ground during the incident. The first two detectives fired their handguns at Benavidez, striking him five times. Medical aid was given but Mark Benavidez  died on the scene.  On the day of her arrest, Adriana Gonzales admitted to the armed robberies she was being charged with and told detectives that Benavidez had also been involved. She is currently being held in custody until trial.  The Multi-Agency Task Force was called in to investigate the shooting which is required with all APD officer involved shootings.

During the press conference, APD Chief Harold Medina said this:

“This is just one of those reminders. Our officers are confronted with life-and-death situations every day, and it is very concerning when you see the type of videos of what happened today and the position that our officers were placed in. And, like I said, I am just so grateful for their bravery and the fact that none of them were injured or killed.”

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/crime/apd-one-dead-after-police-shooting-in-northeast-albuquerque/

https://www.krqe.com/news/albuquerque-metro/apd-to-release-details-on-police-shooting-that-left-suspect-dead/

INTERNAL AFFAIRS INVESITGATION INITIATED

On August 4, multiple city news outlets reported that an APD Internal Affairs investigation is underway after audio from one officer’s body camera captured a racist conversation between officers after the April 11 police officer killing of 30-year-old Mark Benavidez.  Not known to the officers was that the April 11 conversation was recorded when the officer who had just fatally shot 30-year-old Mark Benavidez forgot to turn off his lapel camera.  The officers are heard disparaging the man they had just killed as a “honky” with “a weird accent” expressing relief that the man wasn’t Black “because of the optics.”

The lapel body camera video is almost 90 minutes long. It is unclear who is saying what in the lapel video, as several officers appear to get in or out of the vehicle and talk to others through the window, all while the still-running lapel camera sat tucked behind a seat. It’s unknowingly recording and is placed inside an officer’s police car in what looks like a backseat. APD redacted conversations between an officer and their union attorney, a conversation with their psychotherapist and a city employee’s personal cellphone number. It’s unclear exactly who is speaking in the footage, but the officers don’t hold back.

LAPEL CAMERA RECORING

At  the beginning of the lapel video recording one of the officers who shot Benavidez gets into a police vehicle with a “buddy officer,” who pairs with another after a shooting. At that point, the lapel camera is thrown into the back of the vehicle, but the officer did not realize he did not turn off his lapel camera.

A police union delegate, who speaks with officers after shootings, walks up to the vehicle and says, “Crazy fucking day, huh? … Up here at Walmart in the Northeast Whites.”

The union representative  tells the officers this:

“That’s why I live in Rio Rancho.”

Another officer chimes in:

“That’s why I live on the other side of the mountain.”

The union representative explains what happens next to the officer, goes over attorney options and tells him this:

“If you need to decompress, get out of town for a little while, we will reimburse you up to $500.”

Over the next 20 minutes, the police officers talk about being given a tough assignment as “a pawn in the game called APD. ” They discuss new recruits being softer and “super-sensitive” and decry officers being used to clear homeless encampments as a “bad idea,” with the department being so close to the end of the federal court mnadated reforms.

They continually ask the officer who shot Benavidez if he needs anything and, at one point, one officer says he doesn’t have any cigarettes to offer but has “enough Zyn to fly you to the moon.”

Eventually, it sounds as if the officer is alone with his buddy officer, who gives him “the best advice I got from my first shooting.” The officer says it was given to him by his stepfather, ostensibly one who is or was a police officer, and who has “been in a couple shootings.”  The officer says to the other:

“Feel the way you feel, nothing wrong with it. … Some people are going to be in here fucking crying, some people go home and fall right to sleep. Nothing wrong with it, super normal.”

The buddy officer tells him to keep a journal of what he remembers from the shooting and to prepare for his official statement to the investigating Multi-Agency Task Force, which he says will ask “stupid questions” when they interview him about the incident. He tells the officer this:

“This is going to be the scariest statement you’ve ever given in your life; it just is.  It’s the most important statement you’ll probably give in your life.”

Several minutes later, the conversation changes to family. Specifically, one of the officer’s sons.  One officer tells the other, “Got to get a savage in his life.” The comment is followed by laughter and unintelligible conversation.

It’s roughly a one-minute-long conversation that can only be described as racist. Multiple officers are inside the police car, with the body camera still recording when they said the following referring to another officer:

One Officer is heard saying:

“My son’s dating a Native from Isleta. …  She’s going to get a check. He’s going to get a fucking free trailer and some fucking couple acres of land, a farm down there.”

An officer replies “dope!”

A third officer appears to jokingly chime in on the conversation:

“What’s going on over there now? Fucking talking about dating savages. It’s getting out of control.”

As the conversation progresses, one officer appears to mock someone who think police should be sorry, or feel sorry, for shooting “a guy who was fucking shooting at us.

Afterward, the officer mentions why he became a cop and says this:

“I like violent encounters with violent people. … That’s why I became a cop. I didn’t come to fucking help old ladies who can’t cross the fucking road. I want to take actual shitheads that are actually doing stuff off the street. … If it means you shoot some of them, so be it.”

Then another officer mentions how they didn’t have a warrant for Benavidez in the robbery, and “he was going to walk.”

An officer replies, “My only concern coming over here was that he was Black, literally, just because of the optics of it, you know what I mean? If it wasn’t that fucking honky out here shooting people, with his weird ass accent.”

Within seconds, the officer who shot Benavidez grabs his lapel camera and realizes it’s still on, saying, “They never turned my fuckin camera off.”

APD RESPONDS TO MEDIA

APD spokesperson Gilbert Gallegos sent KOAT this statement:

“An Internal Affairs investigation has been initiated to determine the source and context of the comments, and whether any officers violated APD policies. … Chief Medina is particularly concerned. As a former tribal police chief, Medina has made it a priority to build relationships with tribal agencies and educate APD officers about cultural differences.”

https://www.koat.com/article/racist-conversation-albuquerque-police-shooting-savage-body-camera-orbd-lapel/61649394

Officials with the Albuquerque Police Department said the two detectives who shot Benavidez work undercover in APD’s Gang Unit. For that reason, APD would not release their names and photographs, as has become common practice after police shootings.

REACTION TO BODY CAMERA RECORDINGS

The Coalition to Stop Violence Against Native Women released a statement saying it was “outraged and appalled by the recent revelations of deeply racist and dehumanizing language” by  APD Police Officers. The organization issued a statement calling  for an “immediate, public and unreserved” apology, an action plan to address violence against indigenous communities and a review of APD policies “to root out discriminatory attitudes.”  The statement reads in part:

“These vile remarks are not isolated incidents but are emblematic of the systemic failures within law enforcement that devalue and dismiss the lives of Indigenous people. … Such derogatory attitudes directly contribute to the inadequacies in solving and preventing cases of violence against Indigenous communities.”

Mayor Tim Keller said this in a statement:

“This behavior is unacceptable and it is a disservice to the officers who do the right thing. We try to support our officers and their hard work and sacrifices to keep the community safe; that’s why it’s especially disappointing to hear conversations that suggest a callous disregard toward the people we all serve.”

Shaun Willoughby, president of the Albuquerque Police Officers’ Association, said the police officers comments were made “in jest” after a particularly stressful situation including multiple shots fired in close quarters to a degree where hurried gunshot wound checks were done on the officers involved. Willoughby said this:

“This was about as real and as stressful as it gets.  These guys were joking around, they were decompressing, they were saying inappropriate stuff , like a lot of us do with our friends and family when we’re not in public. … We see things that are hard to deal with, we see things that are challenging, we see things that are disappointing, we see the decay of society 40 hours a week, 365 days a year.  These guys are just human beings. They are no different than anybody else. … [Cops have some of the]  darkest humor that is imaginable.”  

Willoughby added that the officers are likely embarrassed and frustrated as they had no idea they were being recorded.

During the August 5 Albuquerque City Council meeting, APD Deputy Chief Josh Brown was asked point blank by Democrat Councilor Tammy Fiebelkorn Councilor  if Willoughby’s comments  saying the officers “… were saying inappropriate stuff like a lot of us do with our friends and family when we’re not in public. … They’re no different than anybody else”  was  the position of APD?   Brown responded “It’s not.”  Brown then issued an apology to the Native American community and Albuquerque residents in general. Brown said “Some of those comments that you see, they’re not acceptable”. Deputy Chief  Brown then referenced “disparaging remarks” from another part of the APD lapel camera conversation during which the officers appeared to criticize new APD recruits as being too soft and “super-sensitive.” Referring to the new cadets coming through APD’s academy, Brown told Fiebelkorn this:

“If you look, those are the officers that are — that reflection in our culture change, the broader understanding and empathy that those officers see”.  

Peter Simonson, executive director of the American Civil Liberties Union of New Mexico, called the video “a letdown of dramatic proportions.”  He said he was “particularly disturbed” by the use of racial slurs “so flippantly” as well as the expressed attitudes toward violence, which he said gives the impression of APD as “just another gang vying for control over our streets.” Simonson said this:

“It seems that we have some number of officers who really don’t aspire to be community guardians, they just want to be warriors on a field of battle.  Why should any Albuquerquean feel safe calling APD knowing that’s the kind of response that they’re going to get — the officer that could show up at their doorstep is one who’s just looking to get into a gunfight with someone.”

Links to quoted and relied upon news sources are here:

https://www.abqjournal.com/multimedia/listen-to-the-conversation-between-albuquerque-policeman-at-scene-of-fatal-police-shooting/video_e5042f9c-5261-11ef-8050-db43a045df03.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/city-councilor-blasts-albuquerque-police-conversation-caught-on-lapel-camera/article_4c68b08c-5450-11ef-bbc5-431dd7bf2124.html#tncms-source=home-featured-7-block

https://www.koat.com/article/racist-conversation-albuquerque-police-shooting-savage-body-camera-orbd-lapel/61649394

https://www.krqe.com/news/albuquerque-metro/body-camera-captures-apd-officers-using-racial-slurs-glorifying-violence-after-fatal-shooting/

DEPRTMENT OF JUSTICE REFORMS

For over  the past 9 years, the Albuquerque Police Department has been operating under a Court Approved Settlement Agreement mandating 271 reforms after a Department of Justice investigation found that APD had engaged in a pattern of “excessive use of force” and “deadly force” and finding a “culture of aggression.”

Over nine years, the city has spent millions on reform efforts, has created and staffed new divisions to hold APD officers accountable, rewrote use of force policies and procedures and trained APD officers in constitutional policing practices. The reform has been accomplished under the watchful eye of the federal court and an appointed Federal Independent Monitor.

On June 4, a federal court hearing was held on the 19th Federal Independent Monitor’s Report and APD’s progress in implementing the mandated reforms of the CASA. The federal monitor reported that APD has reached 100% primary compliance, 100% secondary compliance and 96% operational compliance of the 271 reforms mandated by the settlement. Under the terms and conditions of the settlement agreement, once APD sustains a 95% compliance rate in all three identified compliance levels and maintains it for two consecutive years, the case can be dismissed.

APD RANKS #1 IN CIVILIAN KILLINGS OUT OF THE 50 LARGEST CITY POLICE DEPARTMENTS IN THE COUNTRY

On April 10, the on line news publication Searchlight New Mexico published a remarkable story researched and written by its staff reporter Josh Bowling.  The article is entitled “Can the Albuquerque Police Department ever be reformed?”  The article goes into great detail explaining the Court Approved Settlement Agreement, what has been done to reform APD and the role of the Federal Monitor. The link to read the full, unedited Searchlight New Mexico article with photos and graphs is here:

https://searchlightnm.org/can-the-albuquerque-police-department-ever-be-reformed/?utm_source=Searchlight+New+Mexico&utm_campaign=ca4e266790-4%2F10%2F2024+-+Albuquerque+Police+Department+Reform&utm_medium=email&utm_term=0_8e05fb0467-ca4e266790-362667516&mc_cid=ca4e266790&mc_eid=ccd9412715

The Search Light New Mexico article reported that last year, the Albuquerque Police Department killed 10.6 people per million residents, more than any other sizable police department in the nation, according to data tracked by the national nonprofit Mapping Police Violence.

The Search Light New Mexico article contains a horizontal graph listing the 50 largest cities in the United States. According to the graph, among the 50 largest cities, Albuquerque Police killed people at the highest rate than all the other city police departments in 2023  at the rate of  10.6 per 1 Million population. It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

  • Albuquerque, NM: 10.6
  • San Antonio, Texas:  9.8
  • Phoenix, Arizona: 8.7
  • Austin, Texas: 7.3
  • Denver, Colorado: 5.6
  • Tucson, Arizona: 5.5
  • Fort Worth, Texas: 5.4
  • Houston, Texas: 5.2
  • Colorado Springs, Colorado: 4.2
  • Dallas, Texas: 3.1
  • El Paso, Texas: 2.9
  • Las Vegas, Nevada: 2.6
  • Oklahoma City, Oklahoma: 2.0

 COMMENTARY AND ANALYSIS

The most disturbing comments captured on the lapel camera are these:

“I like violent encounters with violent people. … That’s why I became a cop. I didn’t come to fucking help old ladies who can’t cross the fucking road. I want to take actual shitheads that are actually doing stuff off the street. … If it means you shoot some of them, so be it.”

It’s remarks like these from any APD cop that should be the most disturbing to the APD high command, elected officials and the general public. The comments reflect a philosophy that should disqualify any person from becoming a police officer in the first place. The comments reflect that APD’s Culture of Aggression found by the Department of Justice is still alive and well within APD rank and file.

INAPPRORIATE COACHING LIKELY OCCURRED

As part of the Department of Justice reforms, APD rewrote use of force policies and procedures.  APD has also established standard operating procedures that must be followed after a police officer involved shooting, which includes the assignment of a “buddy officer”.  The protocol mandates that  a Multi-Agency Task Force is called in to immediately to investigate the shooting to determine if was a justified shooting done in self-defense  and to interview the officers who were involved with the shooting.  According to the protocol, police officers who are involved with a shooting are to be segregated separately for interviews so as not to jeopardize or taint the investigation and to prevent coordination of statements.

The link to review APD Standard Operating Procedures is here:

https://public.powerdms.com/COA/tree/documents/2476781

The lapel camera voice recording  reflects that the officers who were involved with the shooting were not segregated immediately and at one time were all in the same patrol car and discussed the shooting.  They continually ask the officer who shot Benavidez if he needs anything and, at one point, one officer says he doesn’t have any cigarettes to offer but has “enough Zyn to fly you to the moon.”

Eventually, the officer is alone with his buddy officer, who gives him “the best advice I got from my first shooting.” The officer says it was given to him by his stepfather, ostensibly one who is or was a police officer, and who has “been in a couple shootings.”  The officer says to the other:

“Feel the way you feel, nothing wrong with it. … Some people are going to be in here fucking crying, some people go home and fall right to sleep. Nothing wrong with it, super normal.”

At one point the buddy officer tells one of the officers involved in the shooting to keep a journal of what he remembers from the shooting and to prepare for his official statement to the investigating Multi-Agency Task Force, which he says will ask “stupid questions” when they interview him about the incident.  He tells the officer this:

“This is going to be the scariest statement you’ve ever given in your life; it just is.  It’s the most important statement you’ll probably give in your life.”

RASCISM WITHIN APD MUST BE CONDEMNED

APOA President Shaun Willoughby’s defense of the officers comments on the lapel camera that “These guys were joking around, they were decompressing, they were saying inappropriate stuff , like a lot of us do with our friends and family when we’re not in publicwas disgusting and way out of line. Police officers are supposed to be professionals. They are supposed to be trained to deal with stressful situations and there is no excuse for racism to deal with stress.

Racist remarks made by any APD officer, whether it be in private and even recorded by accident, must be condemn in no uncertain terms. Racism at any level within APD cannot be tolerated. It must be dealt with swiftly and decidedly. At a very bare minimum, all the officers who made the remarks need to be admonished in no uncertain terms and suspended without pay for a period of time.  Sensitivity and racial tolerance training is likely in order.

FINAL COMMENT

It is more likely than not, based on the reported facts, that the Multi-Agency Task Force called in to investigate the  April 11 killing of Mark Benavidez will ultimately find that the shooting was justified and that the officers will not be disciplined for use of deadly force. However, such a finding does not excuse them for not following required protocol that must be followed after the use of deadly force, the coaching of an officer involved with the shooting or the use of racial slurs and the glorification of violence.

APD may be on the verge of dismissal of the federal court approved settlement agreement, but this incident and the fact that APD is ranked number one in the country for deadly force  police shootings is a reflection of APD’s continued Culture of Aggression.

City Council Fails To Override Keller Veto Of Charter Amendment Mandating Plurality Elections; Charter Amendments Not Good Government But Vendettas Against Mayor Keller

On June 17 the Albuquerque City Council voted  on a 6 to 3 vote and  passed a Charter Amendment that would eliminate all runoff elections for Mayor and City Council. It would mandated that whoever gets the most votes wins with no runoff between the two top vote getters.  Whoever secures the most votes of all the candidates running at the same time wins the election out right.

The charter amendment was sponsored Democrat Councilor Klarissa Peña  and Republican Dan Lewis.  Republican City Councilors Dan Lewis, Brook Bassan, Renee Grout and Dan Champine and Democrat City Councilors Louie Sanchez and Klarissa Peña voted “YES”. Democrat City Councilors Tammy Fiebelkorn, Nichole Rogers and Joaquín Baca voted “NO”.

On June 17, Common Cause was quick to address the city council vote on social media this way:

“[The Albuquerque City Council]  took us backward by amending an already bad proposal. Rather than lowering the threshold to be elected mayor or city councilor from 50% to 40%, they’ve eliminated any threshold altogether. Candidates under this scheme could be elected with 10% for example. The 6-3 passage of this proposal means, voters will be confronted with a question on this November’s ballot to eliminate run-offs and move to a free-for-all voting process where fringe candidates and special interests will dominate our elections.”

 In a follow up post on its web page, Common Cause said this in part:

“The public needs confidence that our municipal leaders have been legitimately elected, and the best way to do that is with a secure, accessible electoral system that demands the winner receives the majority of votes. Our leaders cannot effectively govern without a strong mandate from the voters.”

https://act.commoncause.org/letters/dont-override-the-veto?source=direct_link&

On June 25 New Mexico Secretary of State Maggie Toulouse Oliver wrote Mayor Tim Keller all nine City Councilors voicing her opposition to the proposed charter amendment. She wrote in part:

“Unlike state and federal elections in which there is a Primary Election that whittles down the pool of candidates, municipal runoff elections with winning majority thresholds help create important mandates for local officials in New Mexico.   I also recognize there are some substantive arguments against the city’s existing runoff structure.  These top-two runoff elections come with hefty price tags, and their timing typically means fewer eligible voters make their voices heard at the ballot box.

… . 

However, although not ideal, the current system is still preferable to the [proposed] charter amendment … . Albuquerque voters already approved the current 50% threshold for winning candidates in 2013, and having candidates receive at least 50% of the total votes provides the public with a clear winner who then has a mandate to lead. Changing the city’s election system to one where a candidate can be elected with a minority of votes is a big step in the wrong direction.”

On July 3, Mayor Tim Keller announced he vetoed the proposed charter amendment that if approved by voters would have returned municipal elections of Mayor and City Council to “plurality elections.”   In his July 2 veto message to the City Council, Keller said this in part:

“After careful legal review, I have identified … issues with the legislation R-24-47.   … . 

This resolution would lower the threshold for Mayor and City Council to be elected from the current system—50% plus 1—to a plurality, meaning most votes wins, and it would eliminate runoffs. Runoff elections are the norm in cities that employ nonpartisan ballots to select local officials. Peer cities such as El Paso, Oklahoma City, Denver, Phoenix, Colorado Springs, and Sacramento all use a 50% plus 1 threshold. 

Although we elect members of Congress and state legislators via plurality vote, these are partisan elections, where parties first select their nominees before they compete in general election. Because the plurality vote rule combined with single member districts tends to produce two strong political parties, general elections almost always have only two candidates, and thus a majority vote winner.  Cities by and large have nonpartisan elections, not party primaries, thus runoffs are often required to produce a majority winner.

I firmly believe a plurality system would give a significant advantage to incumbent candidates and remove a level of accountability our constituents deserve. With more support from voters, elected leaders have a clear mandate to govern. With a plurality, a Mayor or Councilor could be in office with 10% of the vote or less, making it challenging to represent the whole city or be held accountable to voters.

I want to remind everyone that in 2013, with a vote of 55% to 45%, voters spoke loud and clear on this  issue by changing the then 40% threshold to the current 50%. Current efforts nationwide to reform city elections are focused on promoting democracy and civic engagement, not anti-majoritarian policies like the current amendment, which would allow a minority of voters in the city to select our mayor, and a minority of voters in council districts to select city councilors. This is something I cannot ignore; I respect and support the will of the voters and all the members of our community who have pushed for more  accountability in our elections.

I want to recognize the overwhelming input from the public in opposition to this particular piece of  legislation. It has been clear in the last three City Council meetings, nearly every single community  member voiced their concern and opposition to this measure.

 

R-24-47 as passed would drastically change the way we conduct elections in the City of Albuquerque. While no election system is perfect, this charter amendment moves Albuquerque in the wrong direction.”

CITY COUNCIL FAILS TO OVERRIDE KELLER VETO

Immediately after Mayor Keller announced he had vetoed the Charter Amendment, Republican Albuquerque City Council President boldly announced that the City Council would override the veto on August 5 after it returned from its summer break.  It was not meant to be.  On August 5, the Albuquerque City Council failed to override Mayor Keller’s veto of the  proposed Charter Amendment mandating a plurality election vote. It had been Republican City Councilors Dan Lewis, Brook Bassan, Renee Grout and Dan Champine and Democrat City Councilors Louie Sanchez and Klarissa Peña who had voted “YES” to ask voters to eliminate runoff elections for city council and mayoral elections.  In order to override the veto, all six would have had to vote “YES” to override the the Keller veto.  However,  only 5 of those 6  councilors voted to override the Keller veto, one vote short, so no proposed changes to city election laws will appear on the November ballot. It was Democrat City Councilor Klarissa Pena who changed her vote and voted “NO” with Democrat City Councilors Tammy Fiebelkorn, Nichole Rogers and Joaquín Baca.

STAGGERED TERMS FAIL

City Councilor Klarissa Peña also sponsored  two charter  amendments abolishing staggered terms for City Council and mandating elections where all nine city councilors and the mayor would be up for election at the same time. The Council also voted NO on the staggered term measures. The purpose for having staggered terms for city councilor is stability and institutional knowledge. With all city councilors and mayor running at the same time, a 100% turnover at City Hall could happen, resulting in the election of officials who have very little or no knowledge of city government that is vitally needed for city policy and to get things done.

ALBUQUERQUE JOURNAL GUEST OPINION COLUMN

On Sunday, August 4, the Albuquerque Journal published on its editorial pages the following Pete Dinelli guest opinion column:

HEADLINE: “Charter amendments are vendettas against Mayor, not good government”

BY: PETE DINELLI, Albuquerque Resident

“On June 17, the Albuquerque City Council voted to pass three charter amendments to be placed on the November ballot for voter approval.

The first gives the City Council more authority in the process for removing the chief of police and the fire chief.

The second creates a process to fill vacancies on a committee to resolve separation of powers mandating council representation.
The third eliminates all runoff elections for mayor and City Council and whoever gets the plurality vote wins, with no runoff between the two top vote-getters.

On July 3, Mayor Tim Keller vetoed the plurality vote measure but declined to veto the other two. The council plurality vote charter amendment has been severely criticized by the general public, Common Cause New Mexico and Secretary of State Maggie Toulouse Oliver as ill-advised and a big step in the wrong direction.


The Keller veto could be overturned on a 6-to-3 vote. Council President Dan Lewis immediately vowed an override of the veto at the council’s Aug. 5 meeting.

City Councilor Klarissa Peña is also sponsoring two amendments abolishing staggered terms for City Council and mandating elections where all nine city councilors and the mayor would be up for election at the same time.

The purpose for having staggered terms for city councilor is stability and institutional knowledge. With all city councilors and mayor running at the same time, a 100% turnover at City Hall could happen, resulting in the election of officials who have very little or no knowledge of city government that is vitally needed for city policy and to get things done.

The five charter amendments are not the first time the City Council has attempted to mess with our election process and our government structure itself.

In April 2023, first-term city councilors Democrat Louie Sanchez and Republican Renee Grout announced draconian legislation proposing a city charter amendment for a public vote that would have made the mayor of Albuquerque a member of the City Council. They wanted to transfer all the mayor’s executive and city management duties to a city manager chosen by the City Council.

All the proposed changes to the charter by the City Council have absolutely nothing to do with good government, nor improving our election process, but reflect a personal vendetta against Mayor Tim Keller. The more conservative City Council has shown significant resistance to Mayor Keller’s progressive agenda as going too far.

Repeatedly, the current more conservative City Council has attempted to repeal ordinances and resolutions enacted by the previous more progressive City Council, and to limit the authority of Mayor Tim Keller to no avail as he outmaneuvers them and vetoes measures with the council unable to muster the necessary six votes to override the vetoes.

Prime examples include the following:

1. A resolution to repeal or limit mayoral authority during a public health emergency.
2. A resolution barring the city from mandating COVID-19 vaccines for the municipal government workforce.
3. Repeal of a quarter-cent tax increase in gross receipts tax enacted a few years ago.
4. Repealing or attempting to amend the city’s “immigrant friendly” policy, calling it a “sanctuary city” policy and requiring APD to assist and cooperate with federal immigration authorities.

It is no secret Mayor Tim Keller is preparing to seek a third term. Confidential sources say city councilors Louie Sanchez and Brook Bassan are contemplating a run against Keller.

The results are charter amendments to reduce Keller’s reelection chances and to improve theirs. The City Council should not override the Keller plurality elections veto and vote “no” to eliminate staggered terms.”


FINAL COMMENTARY

Simply put, the Charter Amendment to reduce the vote to win a City Council or Mayoral race with whoever gets the most votes with no runoffs is very bad government on many levels and will promote chaos in municipal elections. Initially when the Mayor-City Council form of government was created, it was common to have upwards of 15 candidates running for Mayor and who ever got the most votes won. The result was chaotic elections with fringe candidates diluting the vote. The city does not need to go back.

ABQ Journal Dinelli Guest Opinion Column: “Charter amendments are vendettas against Mayor, not good government”; Contact City Council And Tell Them To Vote “No” On Overriding Keller Veto And Charter Amendments

 

ABQ Journal Dinelli Guest Opinion Column: “Charter amendments are vendettas against Mayor, not good government”; Contact City Council And Tell Them To Vote “No” On Overriding Keller Veto And Charter Amendments

On Sunday, August 4, the Albuquerque Journal published on its editorial pages the following Pete Dinell guest opinion column:

HEADLINE: “Charter amendments are vendettas against Mayor, not good government”

BY: PETE DINELLI, Albuquerque Resident

“On June 17, the Albuquerque City Council voted to pass three charter amendments to be placed on the November ballot for voter approval.

The first gives the City Council more authority in the process for removing the chief of police and the fire chief.

The second creates a process to fill vacancies on a committee to resolve separation of powers mandating council representation.

The third eliminates all runoff elections for mayor and City Council and whoever gets the plurality vote wins, with no runoff between the two top vote-getters.

On July 3, Mayor Tim Keller vetoed the plurality vote measure but declined to veto the other two. The council plurality vote charter amendment has been severely criticized by the general public, Common Cause New Mexico and Secretary of State Maggie Toulouse Oliver as ill-advised and a big step in the wrong direction.

The Keller veto could be overturned on a 6-to-3 vote. Council President Dan Lewis immediately vowed an override of the veto at the council’s Aug. 5 meeting.

City Councilor Klarissa Peña is also sponsoring two amendments abolishing staggered terms for City Council and mandating elections where all nine city councilors and the mayor would be up for election at the same time.

The purpose for having staggered terms for city councilor is stability and institutional knowledge. With all city councilors and mayor running at the same time, a 100% turnover at City Hall could happen, resulting in the election of officials who have very little or no knowledge of city government that is vitally needed for city policy and to get things done.

The five charter amendments are not the first time the City Council has attempted to mess with our election process and our government structure itself.

In April 2023, first-term city councilors Democrat Louie Sanchez and Republican Renee Grout announced draconian legislation proposing a city charter amendment for a public vote that would have made the mayor of Albuquerque a member of the City Council. They wanted to transfer all the mayor’s executive and city management duties to a city manager chosen by the City Council.

All the proposed changes to the charter by the City Council have absolutely nothing to do with good government, nor improving our election process, but reflect a personal vendetta against Mayor Tim Keller. The more conservative City Council has shown significant resistance to Mayor Keller’s progressive agenda as going too far.

Repeatedly, the current more conservative City Council has attempted to repeal ordinances and resolutions enacted by the previous more progressive City Council, and to limit the authority of Mayor Tim Keller to no avail as he outmaneuvers them and vetoes measures with the council unable to muster the necessary six votes to override the vetoes.

Prime examples include the following:

  1. A resolution to repeal or limit mayoral authority during a public health emergency.
  2. A resolution barring the city from mandating COVID-19 vaccines for the municipal government workforce.
  3. Repeal of a quarter-cent tax increase in gross receipts tax enacted a few years ago.
  4.  Repealing or attempting to amend the city’s “immigrant friendly” policy, calling it a “sanctuary city” policy and requiring APD to assist and cooperate with federal immigration authorities.

It is no secret Mayor Tim Keller is preparing to seek a third term. Confidential sources say city councilors Louie Sanchez and Brook Bassan are contemplating a run against Keller.

The results are charter amendments to reduce Keller’s reelection chances and to improve theirs. The City Council should not override the Keller plurality elections veto and vote “no” to eliminate staggered terms.”

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com.

https://www.abqjournal.com/opinion/opinion-charter-amendments-are-vendettas-against-mayor-not-good-government/article_a2dbcc02-4978-11ef-86ec-df39be215780.html

Many thanks to the Albuquerque Journal for publication of the guest opinion column.

COMMENTARY AND ANALYIS

On Monday, August 5, the City Council meeting will be held in the Vincent E. Griego Council Chambers, basement level of the City of Albuquerque Government Center, 1 Civic Plaza NW, Albuquerque, New Mexico 87102.  The meeting is open to the public. The meeting will begin at 5:00 p.m., and to speak during the meeting on the resolution during public comments, you must sign up beginning at 4:30 p.m.

Voters and residents are urged to attend the meeting or contact and voice their opinion and tell all city councilors and their city council service assistants to vote NO on overriding the Mayor’s veto on plurality elections and the Charter Amendments.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF EMAILS

 

APD Internal Affairs Commander For Professional Standards Fired, Another Officer Resigns; Both Implicated In Bribery-DWI Dismissal Scandal; Federal Criminal Charges Still Pending As Mayor Keller And APD Chief Medina Pivot, Deflect and Blame

On August 1, the Albuquerque Police Department (APD) announced that it  has fired an APD Commander of Internal Affairs for Professional Standards and that another  DWI officer has resigned  as a result of the ongoing Federal  Investigation into corruption involving the bribery of APD officers in exchange for the dismissal of DWI cases . Both are being investigated as part of an APD probe and FBI investigation into allegations that DWI officers worked with prominent DWI Criminal Defense Attorney Thomas Clear  to get drunken driving cases dismissed in exchange for money and other favors. Six other APD officers implicated in the scandal have  resigned during the Internal Affairs investigation bringing  the total number to 8.

Commander Mark Landavazo was the Commander of the Internal Affairs Professional Standards Division. He has been on administrative leave and under investigation since February 13. Landavazo started with APD in  2007 and was with the DWI unit from 2008 through 2013.  APD spokesperson Gilbert Gallegos said, Landavazo was fired after the internal investigation found he had violated 3 policies. Gallegos said he was disciplined for two of the policies and fired after the third investigation was completed.

The on line news outlet City Desk ABQ reported earlier this summer that it had  obtained emails that showed the FBI had forwarded a tip in June of 2022 to Landavazo about an officer working with attorney Thomas Clear III and his paralegal to guarantee a DWI charge would go away if the defendant paid $10,000. According to those emails, Landavazo suggested the special agent contact the Civilian Police Oversight Agency and an APD spokesperson said he did not tell the chief about the allegations.

APD Officer Neill Elsman who had worked in the DWI unit within the past several years resigned on July 30 before returning to work from military leave.  He had been on military leave since October which was before the investigation began and after he was told he had to return to the department, he resigned.

APD Chief Harold Medina said this in a news release announcing the termination:

“I said we would leave no stone unturned with these investigations. … We will continue to follow the evidence and ensure everyone is held accountable.”

Landavazo is the first officer to be fired related to APD’s internal probe. Including Landavazo, 9 officers have been placed on leave, and 7 of those have resigned or retired in the past several months,   including Elsman and officers Daren DeAguero, Alba, Joshua Montaño, Nelson Ortiz, Johnson and Lt. Justin Hunt. No one has been charged in the case. The FBI is investigating the allegations as a criminal matter.  U.S. Attorney Alex Uballez has said the probe focuses on alleged wrongdoing by “certain” APD officers and others.

Links to quoted and relied upon news sources are here:

https://citydesk.org/2024/apd-officer-connected-to-dwi-scandal-fired-another-resigns/

https://www.abqjournal.com/news/albuquerque-police-fire-commander-another-officer-resigns-amid-dwi-corruption-probe/article_5a2a9ae6-5059-11ef-aa52-f70dbeaa5be5.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-commander-fired-officer-dwi/61768455

https://www.kob.com/new-mexico/seventh-apd-officer-resigns-commander-terminated-following-dwi-unit-investigation/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/7th-apd-officer-resigns-commander-fired-amid-dwi-unit-investigation/

APD BRIBERY AND CORRUPTION SCANDAL IN A NUTSHELL

It was on Friday January 19 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law office of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissed 196 DWI cases because of the scandal due to the main witnesses’ credibility being called into question which in all the cases are APD officers.

The Albuquerque Police Department  opened its own Internal Affairs investigation. APD Chief  Medina appointed Commander  Kyle Hartsock of the Criminal Investigations Division to lead the internal investigation into officers’ conduct as well as into whether anyone else at the department knew about wrongdoing but did not report it.

6  other APD Police officers implicated in the scandal  have resigned during the Internal Affairs investigation. The names and dates of the other 6 resignations 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.

The FBI searched the homes of Alba and Johnson and the law offices of Thomas Clear III and the home of Clear’s paralegal Ricardo “Rick” Mendez.    The US Department of Justice and US Attorney’s office have confirmed the APD police officers and the criminal defense attorney are at the center of the federal investigation involving the dismissal of hundreds of pending DWI criminal cases by the APD Officers for remuneration to have the cases dismissed by the officers failing to appear for hearings. No one has yet to be charged as the federal investigation is ongoing.

COMMENTARY AND ANALYSIS

Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal and they seem joined at the hip. They admit that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both admitted that only after they found out the FBI was investigating APD the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD first got a complaint related to the department’s DWI unit in December 2022, yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Keller and Medina have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been seven audits in eight years documenting the corruption, waste, fraud and abuse in police overtime.  One of those audits was done by none other than New Mexico State Auditor Tim Keller.

Chief Medina went so far as to blame the Bernalillo District Attorney’s Office for a failure to advise APD when officers did not appear for court. Medina also  accused the Public Defender’s Office of being aware of complaints that Public Defender Board of Director member Tom Clear, III was involved with nefarious conduct and that the Public Defender’s Office did nothing.

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. It’s downright disgusting that the APD Commander for Internal Affairs for Professional Standards was fired leading, the very commander who should have prevented the corruption.  APD will likely be viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  This is so even before any charges have been filed against anyone, before any one is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney.  Should the criminal defense attorney be charged and convicted of the crimes, he is likely facing jail time in prison as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system. The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in this scandal are held accountable, the lawyers involved are held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated and they lose their law enforcement certification and disbarment occurs with the attorney.

Ultimately, it is Mayor Tim Keller and Chief Harold Medina who need to be held accountable with what has happened. Mayor Tim Keller and Chief Harold Medina must ultimately be held accountable and take full responsibility for failed leadership of APD and this most egregious  APD scandal.  Mayor Tim Keller and Chief Harold Medina instead have been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused them of failed leadership in dealing with the scandal as they attempt to get ahead of this most recent scandal involving APD.  They both have attempted to take credit for the investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the federal investigation that forced their hand and after they both allowed the problem to fester for 6 years.