The New Mexico Legislature created the New Mexico Finance Authority (NMFA) in 1992 as a mechanism for accessing low-cost capital for home ownership in New Mexico cities, counties and certain departments of state government. The MFA administers hundreds of millions of dollars each year among 40 programs that range from homeless services to homeownership. It includes new housing, down payment assistance and home rehabilitation. The agency works with hundreds of partner organizations that represent developers, realtors, landlords, nonprofits, for-profits, local governments and tribal governments. Twenty-five of its partners provide homeless services.

On July 24, the New Mexico Mortgage Finance Authority (NMFA) officials reported on the findings of the state’s most recent housing needs assessment.  It outlined how $84.6 million in state funding will be allocated to address those needs.  The New Mexico Housing Needs Assessment is a comprehensive annual report produced by New Mexico Mortgage Finance Authority. It comprises an array of housing indicators describing affordable housing needs in the state.

MAJOR FINDINGS OF REPORT

Following is an edited version the major findings of the 2024 MFA Housing Needs Report deleting graphs and figures:

NEW MEXICO’S DEMOGRAPHIC AND ECONOMIC PROFILE

“There are 2,112,463 people residing in New Mexico and 812,852 households in the state. New Mexico’s population grew 1.3% over the last five years, a rate which lags its neighboring states: Utah (9.7%), Nevada (7.5%), Texas (6.6%), Colorado (6.2%), and Arizona (5.3%).

New Mexico’s working population, defined as persons 16 years and older, is primarily employed in education and healthcare, at a rate of 25.7%.  This rate is consistent with national trends.

 The poverty rate in New Mexico’s poverty is 18.3%,  higher than the national rate of 12.5%.

New Mexico’s median household income is $58,722, which is lower than the national median household income of $75,149.

The percentage of the population living with a disability in New Mexico totals 34.4%, which is higher than the national rate of 26.4%.

The rate of households with seniors, which are defined as households with one or more people 65 years of age or older,  in New Mexico is 33.8%. Nationwide, the rate of households with seniors is 11.5%.

Many New Mexico senior households are low or moderate income with 41.8% earning less than $40,000 annually. The national rate is 37.7%.

The Homeownership rate in New Mexico is 70.9%, which is higher than the national rate of 64.8%.

43.2% of New Mexican households earn less than $50,000 annually. This rate for the country is 33.8%. Renters in New Mexico, like the rest of the nation, are more likely to be low-income compared to homeowners.

The state’s median household income increased from $48,059 to $58,722, or  22.2%.  from 2018 to 2022.

The median home price increased by a whopping 50% from $200,000 to $306,000.”

EDITORS NOTE:  Home price increases surpass wage growth, which results in difficulty achieving homeownership.

HOMEOWNERSHIP MARKET AND DEMOGRAPHICS

“In New Mexico, the median sale price of a home in 2023 was $323,230 which increased 5.6% from the prior year.   As home price increases outpace wage growth, the ability to achieve homeownership becomes more difficult.

Inequities in homeownership persist with respect to race:

• White households comprise 37.8% of homeowners but 35.6% of the population.
• Hispanic households account for 35.2% of homeowners but 49.8% of the population.
• The relative rates for Native American households is 5.2% of homeowners and 8.5% of the population.
• Black or African American, Asian and households of two or more races are underrepresented among homeowners.”

RENTAL MARKET DISPARITY

“In New Mexico, the median monthly gross rent in 2022 was $966, which increased 7.7% from the previous year and 16.7% from 2018.

The state’s renter median income increased from $34,837 to $37,408 or 7.4% from 2021 to 2022, which lagged behind rent price increases.”

DECLINE IN HOUSING PERMITS

“Single-family detached homes comprise the majority of New Mexico’s housing stock, followed by a high percentage of mobile or manufactured homes.  The number of building permits for residential construction issued in 2023 decreased by 2.2% from the prior year.  Despite this dip in the pace of construction, the decades-long trend of depressed building has abated in recent years, with a 71.7% increase from 2019 to 2023.”

DECLINE IN AFFORDABLE HOUSING

“Cost-burden among renters (43.9%) is higher than homeowners (28.4%), largely due to lower income levels among renters. A decreasing supply of affordable housing options, for both renters and homeowners, coupled with increasing demand as the state’s population grows, threatens to worsen cost burden rates.”

PRESERVATION AND REDEVELOPMENT NEEDS

“43.2% of houses in New Mexico were built prior to 1980, which indicates a high need to preserve the stock of existing homes.

15.3% of homes are mobile or manufactured housing units.  Mobile homes built before 1976 do not meet HUD’s Manufactured Home Construction and Safety Standards, which are federal standards for the design and construction of manufactured homes to assure quality, durability, safety, and affordability. Thus, HUD only allows for the replacement of these units rather than rehabilitation.

3.3% of households are overcrowded.

1.0% of households do not have sufficient plumbing facilities and 1.0% lack complete kitchen facilities.”

NATIVE AMERICAN HOUSING CONDITIONS CREATE HEALTH RISKS

“Housing condition issues are exceptionally high in Native American or Tribal areas. Lack of complete plumbing, complete kitchens, sub-standard heating, electrical, and design is more widespread and severe in the homes of Native Americans than the state overall.

These conditions create health risks, such as household air pollution and extreme heat and cold. Poor housing conditions are associated with increased risk of contracting asthma and cancer, increased chance of housing-related injuries, and even poorer cognitive development in children.”

NUMBER OF NEW MEXICO HOMELESS INCREASES BY 50%

The total number of homeless individuals in New Mexico increased by 50% from 2022 to 3,842 in 2023, based on HUD’s Point in Time (PIT) count.  While PIT count data is one of the main measures of homelessness, it does not completely capture the extent of homelessness.

PIT count estimates cover the number of people in homeless shelters, transitional housing and unsheltered locations during a single night in January. However, for example, many families and children staying in hotels, living in their vehicles or staying in other places not meant for shelter are unlikely to be included in the PIT count.

The number of sheltered homeless individuals totaled 2,242 and the number of unsheltered homeless individuals totaled 1,600.

New Mexico’s homeless population copes with different needs:

• 8% (1,031) of the state’s homeless population are families with children.
• 2% (240) are unaccompanied homeless youth.
• 7% (256) are veterans.
• 1% (1,694) are chronically homeless individuals (1,694).

Chronically homeless individuals have experienced homelessness for at least one year and have a severe physical or mental health condition. This segment of the homeless populationis likely to live in unsheltered locations.

The link to  full, unedited  housing needs assessment is here:

https://drive.google.com/file/d/1SzAnXnO_nHI5ef3onk_5tPKhKrIaIQLc/view

NMFA Executive Director and CEO Isidoro Hernandez said this about the MFA housing needs report:

“The housing needs assessment findings provide us with a reality of what the affordable housing necessities are in our state. … Along with our partners, we have assisted over 500,000 families across the housing spectrum for close to 50 years. By signing House Bill 2 earlier this year, Governor Michelle Lujan Grisham appropriated $50 million to support the New Mexico Housing Trust Fund. This funding allows us to continue our pursuit to do even more to help New Mexicans get into safe, affordable homes.”

FUNDING APPROVED

At its May and June meetings, the New Mexico Mortgage Finance Authority Board of Directors approved a $50 million allocation, along with the $34.6 million in state fiscal year 2025 severance tax bond funding. The breakdown includes:

• $26.6 million to create more housing.
• $20 million for down payment assistance.
• $10 million to preserve existing affordable housing.
• $1 million to create stable housing environments.
• $27 million in reserve to use based on particular demands.

MFA Executive Director Hernandez said this about the allocations:

“Whether it’s building homeownership and wealth, creating more housing, preserving existing affordable housing or creating stable housing environments, our efforts and programs directly align with the key findings in the housing needs assessment report. … I appreciate our board of directors, the governor and legislators for their support and funding for these much-needed programs in our state.”

The full housing needs assessment is available here.

The links to quoted and relied upon news sources are here:

https://housingnm.org/about-mfa/news/new-mexico-mortgage-finance-authority-announces-findings-from-housing-needs-report-84.6-million-in-funding-and-an-updated-brand-for-the-states-housing-authority

https://www.koat.com/article/monday-breaks-record-for-hottest-day-ever-on-earth/61688417

https://citydesk.org/2024/homelessness-has-increased-by-50-affordable-housing-is-scarce/

NEW BRAND: HOUSING NEW MEXICO

On July 24, it was announced that the MFA has been rebranded after almost 50 years in operation.  The name Housing New Mexico  will now be used.  The new name is intended to better describe the agency and keep confusion to a minimum. The MFA is often mistaken for the New Mexico Finance Authority (NMFA), which was created by the Legislature in 1992 to finance infrastructure projects. The NMMFA headquarters and its 128 employees are located at 344 Fourth St. SW in Downtown Albuquerque. 2023

POINT-IN-TIME (PIT) REPORT

The POINT-IN-TIME (PIT) REPORT is the annual process of identifying and counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels. This year’s PIT  count occurred from January 31st through February 3rd.

In the last week of August, 2023, The New Mexico Coalition End Homelessness released the 2023 “Point In Time” (PIT) survey on New Mexico homelessness.  The link to review the entire 31-page 2023 PIT Report with graphs and charts is here:

https://www.nmceh.org/_files/ugd/ad7ad8_6d9bf66e3a5d407eaad310cc44ecaf82.pdf

 The total number of the unhoused in the city of Albuquerque dwarfs in sure numbers the total number of the unhoused in the state of New Mexico. For this reason, the 2023 Point In Time Survey release by the New Mexico Coalition End Homelessness first reports on the unsheltered and sheltered people experiencing homelessness in Albuquerque. It then reports on the unsheltered and sheltered people experiencing homelessness in the State referred to as the Balance of the State.

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 30, 2023 was 1,980. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 864
• Transitional Housing: 187
• Unsheltered: 928

TOTAL HOUSEHOLDS:  1,980

PERSONS COUNTED IN ALBUQUERQUE

The total count of PERSONS  experiencing homelessness in Albuquerque on January 30, 2023 was 2,394 broken down in 3 categories.

• Emergency Shelters: 1,125
• Transitional Housing: 292
• Unsheltered: 977

TOTAL PERSONS: 2,394.

ALBUQUERQUE’S 2009 TO 2023 STATISTICS

Total number of PEOPLE counted during the Albuquerque Point-in-Time counts from 2009  to 2023 to establish a graphic trend line for the period  are as follows:

• 2009: 2,002
• 2011: 1,639
• 2013: 1,171
• 2015: 1,287
• 2017: 1,318
• 2019: 1,524
• 2021: 1,567
• 2022: 1,311
• 2023: 2,394

The data breakdown for the  2023 Albuquerque UNSHELTERED was reported as follows:

• 790 (81%) were considered chronically homeless
• 78 (  8%) were veterans
• 387 (40%) were experiencing homelessness for the first time 
• 150 (15%) were homeless due to domestic violence
• 488 (50%) were adults with a serious mental illness
• 436 (45%) were adults with a substance abuse disorder

 ALBUQUERQUE’S UNSHELTERED COUNT OVER TIME

The 2023 PIT report  contains the count of people experiencing UNSHELTERED homelessness in Albuquerque during the years 2009-2023 to establish a graphic trend line for the period. The yearly numbers are as follows:

• 2011: 658
• 2012:  621
• 2013: 619
• 2014: 614
• 2015: 659
• 2016: 674
• 2017: 706
• 2018: 711
• 2019: 735
• 2020: 808
• 2021: 940
• 2022: 940
• 2023: 1,125

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

The 2023 PIT survey provides the estimated number of people experiencing unsheltered homelessness in the Balance of State.  (Households include those with or without children or only children.)

HOUSEHOLDS COUNTED IN BALANCE OF THE STATE

The total count of HOUSEHOLDS experiencing homelessness in the Balance of State on January 30, 2023 was 1,075  broken down as follows:

• Emergency Shelters: 452
• Transitional Housing: 58
• Unsheltered: 565

TOTAL HOUSEHOLDS:  1,075

INDIVIDUALS COUNTED IN BALANCE OF STATE

The total count of PERSONS  experiencing homelessness in the Balance of the State on January 30, 2023 was 1,448.

• Emergency Shelters: 665
• Transitional Housing: 160
• Unsheltered: 623

TOTAL PERSONS: 1,448

BALANCE OF THE STATE 2009 TO 2023 STATISTICS

Following are the number of unsheltered people counted in the BALANCE OF THE STATE for the odd number years 2009-2023 to establish a graphic trend line:

• 2009: 1,473
• 2011: 1,962
• 2013: 1,648
• 2015: 1,342
• 2017: 1,164
• 2019: 1,717
• 2021: 1,180
• 2022: 1,283
• 2023: 1,448 

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

• 315 (51%) were considered chronically homeless
• 68 (11%) were veterans 
• 219 (35%) were experiencing homelessness for the first time 
• 99 (16%) were homeless due to domestic violence 
• 78 (13%) were adults with a serious mental illness 
• 81 (13%) were adults with a substance use disorder

TOTAL DATA BREAKDOWN: EMERGENCY SHELTERS, TRANSITIONAL HOUSING, UNSHELTERED

Relying on the total numbers found for the number of HOMELESS, those in Emergency Shelters, those in Transitional Housing, and those Unsheltered contained in the 2023 PIT Survey, the following is calculated:

1. The total number of HOMELESSas reported by the 2023 Point In Time Survey is 3,842 calculated as follows:

• 2,394 persons counted HOMELESS in Albuquerque
• 1,448 persons counted HOMELESS in Balance of State
• 3,842 TOTAL PERSONS COUNTED AS HOMELESS

2. The total number persons in EMERGENCY SHELTERSreported by the 2023 Point In Time Survey is 1,790 calculated as follows:

• 1,125   persons counted in emergency shelters in Albuquerque
• 665   persons counted in emergency shelters Balance of State
• 1,790  TOTAL PERSONS IN EMERGENCY SHELTERS

3. The total number persons in TRANSITIONAL HOUSING reported by the 2023 Point In Time Survey is 452 calculated as follows:

• 292 persons in transitional housing counted in Albuquerque
• 160 persons counted in transitional housing in Balance of State
• 452  TOTAL PERSONS IN TRANSITIONAL HOUSING

4. The total number persons reported UNSHELTEREDby the 2023 Point In Time Survey is 1,500 calculated as follows:

• 977  persons counted unsheltered in Albuquerque
• 623  persons counted unsheltered in Balance of State
• 1,500  TOTAL PERSONS COUNTED UNSHELTERED

COMMENTARY AND ANALYSIS

The 2024 MFA Needs Assessment Report includes a number of indicators that are very sobering when it comes to the state’s housing realities. Those harsh realities include the following:

1. The state’s median household income increased 22.2% from $48,059 to $58,722 from 2018 to 2022 while the median home price increased 53.05% from $200,000 and bloated to $306,000.

3. Renters also face daunting increases. The median monthly gross rent in 2022 was $966, an increase of 7.7% from 2021 and an increase of 16.7% from 2018. Almost 44% of renters and 28% of homeowners are cost-burdened, meaning households pay more than 30% of their income on housing costs.

3. New Mexico’s Homeless Coalition point-in-time count reportshows an increase in homelessness over a three-year span in Albuquerque. The point-in-time count report reveals 1,152 people experienced homelessness in 2021 compared to 1,311 in 2022, a 13.8% increase from the year before. In 2023, the report revealed 2,394 people experienced homelessness, which more than doubled its original numbers with an 83% increase from 2022. 2024’s report is not available.

4. There is clearly and urgent need in New Mexico for affordable housing. There are an estimated 15,000 to 20,000 people in New Mexico who experience homelessness each year. There is a shortage of 32,000 low-income rental housing units, and there are more than 40,000 housing units across the state in need of rehabilitation, such as a functioning kitchen or adequate plumbing.

New Mexico’s financial reserves have reached upwards of 52% of ongoing state spending resulting in a financial cushion of nearly $4.4 billion. The financial cushion is being fueled by the incredible oil and gas boom and along with strong consumer spending generating gross receipts tax revenues. The windfall is expected to continue. If there ever was a time for the state to afford making a difference in affordable housing now is the time.

Links to related blog articles are here:

New Mexico’s Financial Reserves Reach 52% Of Ongoing State Spending; Déjà vu All Over Again; State Needs To Shed “Saving For Rainy Day” Mentality; Invest Surplus In Transformative Projects

2023 Point In Time Count Of Homeless Finds 3,842 Unhoused In New Mexico, 2,394 Unhoused In Albuquerque; 83% Increase From Last Year; City Spends Millions A Year As Homelessness Increases

On August 29, in an exclusive interview with KOAT-TV, Mayor Tim Keller made it known that in 2025 he will be seeking a third 4-year term as Mayor. Keller made it know he is running for a third term during a wide ranging exclusive interview with Channel 7 on topics including public safety, APD staffing, crime statistics, the homeless and the ongoing  controversy where APD Chief Harold caused a crash sending a man  to the hospital in critical condition.

During the exclusive interview, Keller appeared somewhat subdued with a forced smile on his face saying times have been tough for the city during the last 10 years but many projects he has started will not be completed until 2027. He said he wants to finish the work he has started.  Keller took some credit for crime going down and defended Chief Medina saying the car crash he caused  had been fully investigated not mentioning the personal injury lawsuit filed against the city and Medina. Chief Medina has already said he has no intention of resigning and will be retiring just before the November, 2025 municipal election.

KOAT TV INTERVIEW

Below is the KOAT-TV on line transcribed report as written by KOAT TV staff reporter  Julian Paras followed by the link to the report:

HEADLINE: ABQ Mayor Tim Keller: ‘I am planning on another term’

The Albuquerque mayor says there’s still work to be done. He also wants to see additional progress made in the city.

“It’s no secret I am planning on another term, but it’s to see this through,” Albuquerque Mayor Tim Keller said Thursday. “I always say, like, 2027 is going to be a great year because all these projects I’ve been working on are going to be done, but I got to make sure I’m there to see it, so that’s what I’m thinking right now.”

Keller said there are improvements being made to enhance public safety and quality of life, but that more needs to be done.

Keller also mentioned that homelessness is also a big issue and says initiatives like the Gateway Center, which houses 900 people a day now, are factors that make a difference for Albuquerque. The mayor said he’s seen a growth in population and economic development, like solar manufacturing, to keep people here and build on even more.

KOAT Political Expert Brian Sanderoff says he’s not surprised by Keller’s plans to run for a third term as mayor.

“Oftentimes when a person decides he’s not going to run again, they start acting a little differently or be less engaged in the like or start thinking about other offices they might be considering,” Sanderoff said.

The link to the KOAT TV report is here:

https://www.koat.com/article/abq-mayor-tim-keller-i-am-planning-on-another-term-koat-albuquerque-public-safety/62010718

KELLER ISSUES STATEMENT

On August 30, in further response to the Channel 7 news report, Mayor Keller issued the following statement:

“I’ve been publicly asked about once a month for the last year about my intent to run, and I always want to give a straightforward answer.   I plan to ask voters for another term to finish key projects like building out the Gateways, the consent decree, downtown revitalization, solidifying our social service response department, the Rail Yards film school and a dozen or so other critical projects. As I’ve stated in the past, I would formally announce early next year.”

https://www.abqjournal.com/news/albuquerque-mayor-planning-to-run-for-a-third-term/article_0295f1bc-671b-11ef-b235-930bd12041c1.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It comes as absolutely no surprise to city hall observers that Mayor Tim Keller is running for a third  4-year term as Mayor. Last year before the November 2023 municipal election, Keller made it known to at least two city council candidates he supported and his executive staff he was running for a third term. The real surprise is why he is he making it known now, during the middle of a Presidential election and when the 2025 municipal election is over a full year away on November 4, 2025.  Keller has essentially announced his bid for a third term with absolutely no fanfare, no crowd of adoring supporters, no public event, no hoopla, no family present with him, not even his wife and two children, and no inspiring speech to be reported on by all local news outlets.

KELLER’S LOW APPROVAL RATING LIKELY HAS NOT IMPROVED MUCH

Mayor Keller knows he has an uphill battle for another term given all the problems the city is still facing with little to show for despite all his efforts, the millions spent on the unhoused and public safety and his good intentions.  He is likely trying to keep opposition out of the race.

Voters are increasingly making it known they are not at all satisfied with his overall job performance. On November 3, 2023, the Albuquerque Journal released a poll on Mayor Keller’s job performance. The poll was conducted by its long-time polling firm Research & Polling which is considered the gold standard when it comes to political polls because of its accuracy.

The Journal poll asked the singular question “Do you approve or disapprove of the way Tim Keller is handling his job as Mayor?”

The results of the poll were dramatic:

• 40% said they DISAPPROVE 
• 33% said they APPROVED
• 21% said they had mixed feelings
• 5%  would not say

Tim Keller has always been the eternal optimist with a smile on his face and a grin in his voice.  He downplayed the poll results when asked about the results noting that the 33% who approve of his job performance and the 21% who reported mixed feelings together make up 54% of those polled and saying the 54% is nearly equal to his 56% performance he had in his 2021 bid for a second term. In 2021 he ran against former Democrat Sherriff Manny Gonzales and Republican Trumpster shock jock Eddy Aragon.  Keller told the Journal this about its poll:

“I think there is certainly plenty of runway left.”

CHRONOLOGY OF KELLER’S DECLINING POPULARITY

It was during his 2021 campaign for a second term that Keller registered a 50% approval rating in the Journal Poll.  Previous Journal Polls found a majority in Albuquerque approved of Mayor Tim Keller during his first term, including 60% in 2020 and 61% in 2018.

In 2017 then New Mexico State Auditor Tim Keller was elected Mayor coming in first by beating all 7 of his opponents to get into a runoff. He went on to win in 2017 by a decisive landslide against City Councilor Dan Lewis who secured 37.8% with Keller winning with 62.2% of the vote.

Mayor Keller won his 2021 election to a second 4-year term with  56% of the final vote and beating Sheriff Manny Gonzales who secured 26% of the vote and Der Führer Trump Radio Shock Jock Eddy Aragon secured 18% of the vote.

CITIZENS SATISFACTION SURVEY REFLECTS PUBLIC DISATIFACTION WITH KELLER

On April 16, 2024, a mere 5 months ago, the results of the annual City of Albuquerque Citizen Perception Survey were released. The annual survey is done to determine residents’ satisfaction with city services and issues.  The results of the survey were as follows:

QUALITY OF LIFE

Financial security deals with “quality of life.”  50%  of city residents felt their personal financial situation largely stayed the same over the previous 6 months. 37%   reported  that their personal financial situation had gotten worse over the last six months, while just 12% felt  their financial situation had gotten better.

PERSONAL SAFETY

69% of city residents reported feeling safe outside in their neighborhoods. 81% of city residents said that speeding and reckless driving affected their feelings of safety. Illegal drug use is the second most significant contributor to residents not feeling safe. It edged out speeding and reckless driving in intensity with a whopping 77% of residents saying very much or somewhat.

CITY SERVICES

According to the Citizens Satisfaction survey 61% “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.”

HOMELESSNESS

23% of city residents felt panhandling impacted them and their family the most, while 17% feel homeless encampments impacts the most for a combined total of 40% for the two issues. Homeless numbers have spiked dramatically despite the Keller administration spending over $100 million the last two years on assistance and shelter to the homeless and is planning to spend another $65 million during the current fiscal year of 2024 to 2025 which began on July 1.

DIRECTION CITY IS GOING

According to the Citizens Satisfaction Survey 63% of city residents reported that they do not feel the city is going in the right direction with only 31% say they are hopeful about the direction the city is going.

ALBUQUERQUE POLICE DEPARTMENT

According to the Citizens Satisfaction Survey Sixty 60% of city residents “disagree” and 35% “agree” that the APD is doing a good job addressing property crime. 56% of city residents “disagree” and 39% “agree” that APD is doing a good job addressing violent crime.

According to the Citizens Satisfaction Survey, 51% of city residents “disagree” that “the Albuquerque Police Department is ready to transition away from oversight by the federal government and operate on its own” while only 39% “agree.”  These APD ratings are despite the fact that APD has now achieved compliance with the Federal mandated reforms and APD is on track for the case to be dismissed after APD sustains the 3 compliance levels for two full years.

 ANALYSIS OF APD

APD’s budget is $271.5 million and is the largest department budget, representing upwards of 33% of the city’s $845.9 million general fund budget. The citizen satisfaction survey reflects the public has lost confidence in APD and is dissatisfied with how APD is dealing with property crime and violent crime with the resources it has.

The ongoing FBI investigation of the entire DWI unit of APD for bribery and conspiracy and dismissal of hundreds of DWI cases has destroyed APD’s reputation. APD’s finding that Chief Harold Medina’s car crash critically injuring another was “non-preventable” reflects APD is unable to police itself.

It has been reported APD ranks No. 1 in civilian killings out of the 50 largest city police departments in the country.

DIRECTION CITY IS GOING

The city’s annual budget is $1.2 billion and it employs over 7,000 full-time employees, yet the citizens survey said residents do not believe city government is responsive to their needs.

It’s alarming that 63% of city residents say they are concerned over the direction the city is going and 61% disagreeing city government is responsive to community needs. These ratings reflect the general public believes Mayor Tim Keller and the City Council are failures managing city resources.

The Citizens Satisfaction Survey is a reflection of Mayor Keller’s poor job performance as he prepares to run for a third term. Voters want results when it comes to APD and the direction the city is going.  After seven years in office, Mayor Keller and his APD management team have failed.

FINAL ANALYSIS

Not with standing declining job approval ratings, poor job performance and all public criticism of Mayor Keller, he is still favored for election to a third term. This is primarily because no one knows if he will have a serious opponent who can amount an effective campaign against him. He has never lost an election and has won all of his elections by a landslide. He has a built-in advantage with an existing campaign organization and the ability to raise large sums of campaign cash along with a campaign manager who resorts to slash and burn tactics to disparage opposition and win at all costs.

Now that Keller has confirmed that he is indeed running, efforts to recruit candidates to run against him will likely begin in earnest. One month, let alone a full year, can be a lifetime in politics. So much can change in a heartbeat as is evidenced by Vice President Kamala Harris running against Trump. The city’s ongoing homicide and violent crime rates, the homeless crisis and the ongoing train wreck known as the Albuquerque Police Department are all potential pitfalls that could continue to bring Keller’s approval ratings down and cost him the election.

There is very little doubt that the Albuquerque Journal will be conducting a poll on the November 5, 2024, New Mexico general election and the election races in New Mexico’s federal offices and the Presidential election.  It likely the Journal poll will include the major issues. As was the case in 2022, you can expect the Albuquerque Journal to include another question on Mayor Tim Keller job performance.  If a new Journal Poll does indeed confirm Keller’s low approval rating getting worse, he just might reconsider running for a third term and move on with APD Chief Medina to greener pastures. The problem for Keller is there may be no greener pastures to run for higher office as has been the case for all of Albuquerque’s Mayors with the job as Mayor considered a dead end.

The links to related blog articles are here:

Tim Keller’s 33% Approval And 40% Disapproval Ratings Deep Hole Of His Own Making He May Not Be Able To Climb Out Of; Keller’s Statewide Ambitions Likely Unrealistic As He Signals Desire For Third Term | (petedinelli.com)

City “Citizens Satisfaction Survey” Gut Punch To Mayor Tim Keller As He Plans to Seek 3rd Term; 63% Concerned Over Direction City Is Going; 61% Disagree City Government Is Responsive To Community Needs; 60% Disagree APD Doing Good Job Addressing Property Crime; 56% Disagree APD Doing Good Job Addressing Violent Crime | (petedinelli.com)

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. In August 2022, Governor Michelle Lujan Grisham ordered the creation of a task force to educate law enforcement officers about the “red flag gun law” and to increase public awareness of it after it was revealed that law enforcement was essentially ignoring the law.

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

• 2020:  4
• 2021: 3
• 2022: 14
• 2023: 46
• 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

LAW ENFORCEMENT DESCRIBES USE OF RED FLAG LAW 

APD Detective Jeff Jones and other APD officers described to the committee how they have used the law.

APD Detective Coty Maxwell cited an investigation into a man who threatened to kill his neighbors and himself with a gun. Detective Maxwell told the committee this:

“During my investigation, I found this person had access to 13 firearms, including 11 high-powered rifles and two handguns … [and he] had previously refused treatment for mental health issues.”

Maxwell said the defendant eventually agreed to surrender his firearms after acknowledging his mental health struggles.

In another case, APD officers successfully used the law after a student at an Albuquerque school threatened another student and posted photos on social media of himself with a semi-automatic handgun.

APD Detective Jeff Jones told the legislative Courts, Corrections and Justice Committee this:

“I think it’s saved some lives and given some hope for families.”

CHANGES BEING PROPOSED

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Notwithstanding those changes failing to win legislative approval, more revisions are being  proposed for next year’s 60-day legislative session that begins on January 21, 2025.

State Police Deputy Chief Carolyn Huynh heads the task force created to educate law enforcement and the public on the red flag law.  The task force includes a combination of law enforcement officials and behavioral health care experts.

The task force identified several possible changes to the red flag  law. Those proposals include allowing law enforcement officers to directly initiate a court petition, instead of waiting for someone else to contact them, and requiring firearms to be relinquished immediately upon a judge’s order, instead of within 48 hours.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

Increase in red flag gun law petitions filed in New Mexico (koat.com)

https://www.koat.com/article/red-flag-gun-law-new-mexico/61891358#:~:text=New%20Mexico%20Attorney%20General%20Ra%C3%BAl,%2C%20Nov.%208%2C%202023.

RED FLAG LAWS EXPLAINED

A “red flag law” is a gun control law that permits police, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs). Red Flag laws as well as Universal Background Checks and closing the “gun show loophole” have become popular gun policy proposals raised in the aftermath of mass shootings like those in Sandy Hook, Parkland, El Paso and Dayton.

Usually under “red flag laws”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

CONTROVERSIAL START

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others.  New Mexico’s “red flag law” allows for court-ordered seizure of guns from individuals deemed an imminent danger to themselves or others.

Law enforcement officers, acting on information provided by a relative, school administrator or employer, can exclusively seek a court order prohibiting someone from having firearms. The petition must be based on “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” If granted, a court can order the temporary seizure of firearms for up to 10 days and until a hearing can be held. After a hearing, the order could be extended one year. It’s “due process of law.”

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

In 2020, virtually every Republican in the House voted against the bill. As Republicans cast their votes, they held up copies of the Constitution. Democrats should have held up copies of death certificates to symbolize suicides and dead victims of domestic gun violence.

Thirty of the state’s elected sheriffs opposed the Extreme Risk Firearm Protection Order Act.  They argued that the law violates the Second Amendment right to bear arms, the Fourth Amendment right against unreasonable search and seizure and the 14th Amendment depriving “any person of life, liberty and property, without due process of law.” The three constitutional amendments are cited by gun fanatics to oppose meaningful gun control. Each separately and together have limitations and exceptions subject to court interpretations.

NEW MEXICO’S “EXTREME RISK FIREARM PROTECTION ORDER ACT” PROVIDES FOR DUE PROCESS OF LAW

Under New Mexico’s law, only a law enforcement officer or a prosecutor can file a petition in state court for an order to prohibit someone from possessing firearms.  The petitions can be filed on request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer, but those individuals cannot file petitions directly.

If a temporary 10-day order is granted, a hearing is then held to determine whether the order should be made permanent for a year. Such permanent orders can then be extended for an additional year if a motion is filed before it expires.

The “Extreme Risk Firearm Protection Order Act” or red flag law does contain significant safe guard provisions that protect a citizen’s 2nd, 4th and 14th Amendment Rights. The court proceeding and the process under the new red flag law and how it works is summarized as follows:

“A law enforcement officer, or a prosecutor in cases involving a law enforcement officer, are allowed to file a petition in State District Court for an order to prohibit someone from possessing firearms.

The petitions can be filed upon request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer.

If a law enforcement officer declines to file a petition upon request, the officer will have to file a notice of the decision with the county sheriff.

A District Judge can enter an emergency 10-day risk protection order if “probable cause” is found that an individual poses a danger of causing “imminent” injury to themselves or others.

The individual is then required to surrender all their firearms within 48 hours of a judge’s order or sooner.

A one-year order can be imposed after a court hearing, although such an order requires a higher evidence threshold.

One-year risk protection orders are subject to appeal.

All firearms are required to be returned to their owner within 10 days after an order’s expiration.”

https://www.abqjournal.com/1424533/gov-lujan-grisham-signs-red-flag-gun-bill-into-law.html

Exclusive authority is given to law enforcement to make the decision to file a petition and the petition must be based on whether there’s “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” Law enforcement officials have to explain their decision with the filing of a court notice if they decide not to seek a judge’s order after receiving a report and evidence in support of the petition.

The “Extreme Risk Firearm Protection Order Act” signed by the Governor is a natural progression of the 2019 New Mexico Legislature passage of legislation which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act. Under the enacted legislation domestic abusers must surrender their firearms to law enforcement. The gun possession prohibition also applies to people convicted of other crimes.

COMPREHENSIVE REPORT ON GUNSHOT VICTIMS

Simply put, New Mexico is suffering a major crisis when it comes to gun violence and gun deaths.  New Mexico’s gun violence crisis was laid to bear for all to see on September 28, 2023 when  the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023. The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report are as follows:

INCREASE IN FIREARM-RELATED DEATHS

• Over the past two decades, New Mexico’s firearm death rates rose from 7^thhighest nationwide in 1999 to 3^rd highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
• While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred to the operating room.

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

• Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
• Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LOADED AND UNLOADED FIREARMS AS RISK FACTOR FOR FIREARM INJURY AND DEATH

• In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes and severity of injuries for gunshot victims reveals a concerning picture:

• Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
• The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
• There has been a concerning 61% increase in gunshot injuries that required surgical interventions
• New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
• New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020:

TYPE OF FIREARM IN DEATHS

• Handguns were implicated in 77% of violent firearm-related deaths
• Rifles and shotguns were involved in 7% and 6% of such incidents.

COMMON FIREARM MANUFACTURERS IN DEATHS

• An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
• Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

• The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
• Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

RELEASE OF INDIVIDUALS FOUND INCOMPETENT TO STAND TRIAL

On June 26, an analysis of the number of people released back into the community after being found incompetent to stand trial was provided to the Court, Corrections and Justice Interim Committee.  The analysis was not completed and was unavailable when the competency bill legislation failed in the 2024 legislative session.

Major findings of the analysis are as follows:

• More than 3,200 people charged with crimes since 2017 in New Mexico have been released back to the community after being found incompetent to stand trial, according to an analysis that fueled Gov. Michelle Lujan Grisham’s call for a special session.
• More than 5,350 of the 16,045 dismissed charges were felonies, according to the analysis. The dismissals included those charged with first-degree murder, trafficking controlled substances, kidnapping, and abuse of a child, according to data of the state Administrative Office of the Courts.
• Other defendants charged with lesser crimes have been repeat offenders caught in a cycle of being charged and released only to be arrested again, charged, and let go after court-ordered evaluations showed they cannot participate in their defense and a judge ruled they were mentally incompetent to stand trial.

After seeing the analysis, Lujan Grisham called the number of criminal case dismissals “frankly, shocking.” The Governor said this:

“Some of these have been in court up to 40 times in a year. If we don’t interrupt that, the status quo that you see playing out in our communities every day will stay. … I’m trying to break that cycle [and] focus on the criminal competency loophole. … The notion that we would have 3,200-plus individuals reoffending for another year is more than I think any New Mexican should have to bear”.

NUMBER OF VIOLENT CRIMES IN NEW MEXICO

According to FBI statistics, the number of violent crimes in New Mexico for the last 11 years has been reported as follows:

• 2012: 11,660
• 2013: 12,990
• 2014: 12,465
• 2015: 13,672
• 2016: 14,585
• 2017: 16,300
• 2018: 17,637
• 2019: 17,302
• 2020: 16,393
• 2021: 17,373
• 2022: 16,494

According to data released by the New Mexico Department of Health and the Centers for Disease Control and Prevention, from 2010 to 2021, the age-adjusted death rate from firearms rose by 87%. In the same time span, New Mexico rose from the 7th to the 3rd highest rate of firearm deaths in the country.

Overall, there was a 34% increase in overall firearm fatalities from 2018 to 2021, with a 70% increase in homicides with a firearm in the same time period.

Not only has death from firearms in New Mexico increased, but so have injuries related to firearms. From 2018 to 2022, the rate of people visiting the emergency room from firearm related injuries rose 35%.

According to the latest stats from the FBI, there were 11,550 instances of shoplifting In New Mexico. It’s a trend that’s been increasing since 2018.

FIREARM INJURY – EMERGENCY ROOM VISITS

Emergency room firearms injuries are on the uptick in New Mexico  and are reported as follows for 5 years of available data:

• 2018: 968
• 2019: 914
• 2020: 1,129
• 2021: 1,263
• 2022: 1,306

 https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

Following the death of a child near Isotopes Park in 2023, Governor Michelle Lujan Grisham issued a public health order that was aimed to reduce gun violence. Data released by the governor’s office from September 2023 – March 2024 is as follows:

• TOTAL ARRESTS: 7,649
• FELONY ARRESTS: 4,701 (61.46%)
• MISDEMEANOR ARRESTS/ WARRANTS:  2,948 (38.54%)
• FIREARMS SEIZED: 614
• TRAFFIC CITATIONS: 9,669

COMMENTARY AND ANALYSIS

Given New Mexico’s high suicide rates, domestic violence killings and the threat of mass shootings, its about time that New Mexico’s “red flag law” is being enforced more and more by law enforcement. Notwithstanding, the fact that only 118 petitions have been filed over a full 5 years is somewhat of an embarrassment.

It more likely than not that the more than 3,200 people charged with crimes since 2017 in New Mexico who have been released back to the community after being found incompetent to stand trial would qualify to some extent for the filing of red flag petitions. Law enforcement in general needs to set aside their opposition to red flag laws and use far more initiative in filing petitions.

It has been reported that  on Monday, August 26,  Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the  City of Albuquerque and APD Chief Harold Medina.  The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing. The Percherts are requequesting a jury trial.

The Percherts are claiming Chef Medina violated multiple state laws and department operating procedures when the crash happened. They also say the city is responsible because it was negligent in hiring, training and supervising Medina. The 20-page lawsuit also states Todd Perchert is unable to work, and has “suffered damage to the value and enjoyment of his life” because of his injuries from the crash.

PERSONAL INJURIES OUTLINED

According to a Channel 7  news report,  Todd Perchert is seeking damages for the following personal injuries sustained in the car crash:

• Broken collarbone and shoulder blade
• 8 broken ribs (Reconstructed with titanium plates after surgery)
• Collapsed lung
• Lacerations to left ear and head
• Multiple gashes to face
• Seven-hour surgery
• Hospitalized with an epidural painkiller and chest tube for nearly a week

Perchert’s attorney Alejandro Acosta, who is with the law firm of  Tawney, Acosta & Chaparro P.C. said this of his client:

“Todd is still experiencing great amounts of pain, due to his extensive injuries, daily pain that he has to deal with. He will tell you that he still feels the metal in his body, dealing with the recovery from the surgeries, continuing treatment. It’s a struggle for him every day to try to continue on with the life that was taken from him before the crash. We’ll let the civil justice system, bring justice to Mr. Perchert.”

KOAT TV legal expert John Day reviewed the civil complaint and said this of the lawsuit:

“It remains to be seen whether all these claims will survive in court. A lot of things could happen. The case could settle. The case could go to jury trial. Either way, this is going to be a case that a lot of people are paying attention to. …  The victim of the crash is filing a civil suit claiming that he has received severe physical injuries and damages by Chief Medina during that accident— the plaintiff, the person who was injured. The driver says, ‘Look, you destroyed my classic Mustang. It landed me in the hospital with severe injuries. It’s had this effect on my life and therefore the city needs to pay me money.  … He’s outlined in his lawsuit what his physical damages are. He’s also claiming basically what’s called Hedonic damages, loss of enjoyment of life— having to go through the pain and suffering of the accident and the aftermath has cost him, as well as, the loss of his car.”

APD AND MAYOR KELLER ISSUE STATEMENTS

A spokesperson Gilbert Gallegos issued the following statement on behalf of APD:

“We will respond to the allegations in court.”

Mayor Tim Keller’s  spokesperson Ava Montoya issued the following statement:

“We recognize the hardships that Mr. Perchert and his wife have been through since the crash and trust that the process will be fair and appropriate.”

The links to quoted and relied upon news sources are here:

Victim of crash involving Albuquerque police chief files lawsuit (koat.com) 

https://www.kob.com/new-mexico/couple-suing-albuquerque-police-and-city-over-chiefs-crash/

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-chief-faces-lawsuit-over-crash/#:~:text=ALBUQUERQUE%2C%20N.M.,his%20classic%20Mustang%20in%20February.

FACTUAL BASIS OF CLAIM

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.

In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.   Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Medina and his wife were unharmed.  Both vehicles were totaled.  Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation.

On February 17, immediately after the car crash, Mayor Tim Keller held a press conference and essentially declared Chief Medina a victim. Keller said this:

“[Getting the call about the crash was]  one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day.  … Fortunately, in this case, I quickly learned he was OK.  … [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.  

A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.”  

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”

VIDEO OF ACCIDENT RELEASED

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang.   The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting.  The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic, and running a red light.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck accelerates through a red light at a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

RESULTS OF INTERNAL AFFAIRS INVESTIGATIONS

On April 3 it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable” and therefore Chief Medina was not charge charged with any traffic violations by APD.

On July 18, the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia.  Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by APD standard operating procedures. The letters of reprimand were placed in Medina’s personnel file.  No other disciplinary action was taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to determine if criminal charges should be brought.  APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating the crash. Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

NEW INTERNAL AFFAIRS REPORT DISCLOSED

On August 25, it was reported that a report from APD Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17.  The Internal Affairs report  says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.”  The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On Friday August 26, 2024  it was reported  that District 1 City Councilor Louie Sanchez has  filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash.  The complaint , known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action.

USE OF LAPEL CAMERAS BY ALL LAW ENFORCEMENT MANDATED BY STATE LAW

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

“A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

1. Requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;
2. Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
3. Requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and
4. Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies …

B.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

COMMENTARY ANALYSIS

Once Todd Perchert and his wife filed their civil complaint and once the complaint is personally served with a copy given to the city and Medina, the City has 30 days in which to file an Answer along with any defenses it may have as to liability and perhaps any counterclaims if any.

New Mexico is a “comparative negligence state” meaning when an accident occurs such as this, the fault and/or extent of negligence of each party involved must be determined and compared.  Total damages are calculated and then the damages are divided accordingly and awarded based upon the respective negligence of each party.   The city may attempt to argue that Todd Perchert was somehow contributorily negligent and that somehow, he could have avoided the car crash in order to reduce the city’s financial exposure.

After the city files its Answer to the complaint, a period known as “discovery” will be undertaken. Both sides to the case will be able to exchange interrogatories, which are questions that must be answered under oath, be allowed take depositions of the parties and witnesses and exchange documents related to the case. Those documents exchanged will include any investigation reports and documents prepared by the city and disclosure of all medical records and bills for the treatment of Todd Perchert’s personal injuries. Both parties will be allowed to file motions relating to evidentiary matters and other matters the parties deem fit to deal with case development.

The Percherts will have the burden of proof and be required to articulate actual damages sustained for recovery. The Parcherts as plaintiffs are demanding a jury trial which was expected.  Under the New Mexico Tort claims act, the City has the duty and the legal obligation to fully defend Chief Medina and to provide him with legal counsel and a full defense. The city is a self-insured entity and is required to pay any and all attorney’s fees associated with the defense and pay judgements rendered against it and against APD Chief Medina for negligence found.

If the case proceeds to a jury trial, it’s very likely that a jury will render a significant judgment against the city and Chief Medina. Given all that has been reported in the media, including incriminating statements by Chief Medina, his admissions of liability and admissions against interests, as well as the videos of the car crash, the case will be extremely hard for the city to defend. Medina has caused the city and the citizens of Albuquerque major exposure to financial liability because of his actions, statements and willful failures to follow APD standard operating procedures.  Because his acts were “official” the city and taxpayers will be required under the New Mexico Tort claims act to defend and indemnify him for his liability.

Civil litigation can take years and there is always a risk to both sides associated with going to trial before a jury. Part of the litigation process is mediation where the parties select a mediator appointed by the court and met in an attempt to settle the case by mutual agreement of the parties without a trial. The city would be wise to seek mediation in the case as soon as practical in order to avoid prolong litigation and increased costs.

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.  In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung. 

Medina admitted in an interview he did not have his lapel camera on and for that reason Medina referred the car crash to the Superintendent of Police Reform for investigation.  The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.”  The city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the car crash resulted in two “letters of reprimand” and no other discipline was imposed.

The New Mexico Department of Justice decided not to charge Medina with careless driving  even after APD’s Internal Affairs found Medina violated the department’s policies for failing to safely operate his vehicle and failing to turn on his body camera.  The NM Department of Justic found that although Chief Medina’s actions might satisfy the elements of careless driving, prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress.

Chief Medina has never been charged with any traffic violations for the February 18 car crash. A civil cause of action for personal injury and damages has been filed against the city and Chief Medina by the victim of the crash.

NEW INTERNAL AFFAIRS REPORT

On Aust 23, KOAT TV reported that a new report from Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. On page five of the Internal Affairs report, it says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.”  The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On August 23, private attorney and former APD Officer Tom Grover was interviewed by KOAT TV after he reviewed the released Internal affairs report. Grover said this:

“The thing that jumped out at me like frankly a nuclear bomb was the fact that Medina admitted that he purposefully did not activate his lapel camera video. …  It blew my mind because it’s so preposterous. … The notion that [Chief Medina] has a Fifth Amendment right would suggest that he’s in custody  …  and, therefore, is required to make a statement. He’s not in custody. He’s at work.”

Grover said the Internal Affairs investigation report could be brought up in the future as it continues to be evaluated. Ostensibly, Grover was referring to pending civil  litigation for damages and personal injury  that has been filed by the victim of the car crash against the city.

KOAT Legal Expert John Day also reviewed the Internal Affairs report on the car accident.  He gave the opinion  that Medina’s actions of intentionally not turning his label camera on may also violate state law. Attorney Day said this:

“As the report states, that conflicts with APD operating procedures, and it certainly conflicts with the state law regarding police activating their body-worn cameras”.

Both Day and Grover argue this type of action of pleading the 5^th amendment against self-incrimination in a court of law could make a jury think Chief Medina and APD are trying to hide evidence. Day said he’s never heard of anything like this before and said this:

“And that totally defeats the purpose of this state law [mandating turning on lapel cameras]  and the department’s own policies.”

KOAT contacted APD for a reaction.  A spokesperson for the department said Chief Medina  agreed  to the disciplinary actions of letters of reprimand but disagreed with some of the conclusions made in the investigation by Internal Affairs.

https://www.koat.com/article/new-report-says-apd-chief-intentionally-did-not-have-body-camera-recording-koat/61950799

CITY COUNCILOR LOUIE SANCHEZ FILES COMPLAINT AGAINST CHIEF MEDINA

On Friday August 26, 2024, in a press release, it was announced that District 1 City Councilor Louie Sanchez has  filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash. The press release reads in full as follows:

“For Immediate Release: August 26, 2024

Councilor Sanchez Files Complaint with NM Department of Safety Against APD Chief Medina Chief’s actions on accident scene appear to be in violation of state law.

 “[Albuquerque City] Councilor Sanchez submitted a formal request for a state investigation of the conduct of Chief Medina at the scene of the February accident.  The request, known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action. Such action by Medina appears to violate Governor Michelle Lujan Grisham’s 2020 public safety accountability bill which requires police officers to wear the body worn cameras and record encounters with citizens.

The Law Enforcement Training Act (Section 29-7-1 through 29-7-16), grants the Law Enforcement Academy Board of Directors the power and duty to refuse, suspend, or revoke the certification of a police officer or telecommunicator for just cause as provided for under the Law Enforcement Training Act and Board Rules.

“As the chief law enforcement officer of the state’s largest police department, the chief should hold himself to a higher standard than that of his rank and file, not lower. We are at a crossroads where officer morale is at an all-time low and public trust might even be lower,” Councilor Sanchez stated. “Chief Medina’s actions are the type of actions that brought the U.S. Department of Justice oversight in the first place. Here, he openly disregarded state law.”

It is imperative to uphold the highest standards of integrity and professionalism within our law enforcement agencies, and this investigation aims to address any concerns or allegations with the utmost seriousness.

The request for investigation has been submitted to the Department of Public Safety, Law Enforcement Academy and will be conducted by the LEA Board of Directors. The findings of this investigation will be made public to ensure that our community is kept informed throughout the process.”

The link to the press release is here:

https://www.cabq.gov/council/find-your-councilor/district-1/news/councilor-sanchez-files-complaint-with-nm-department-of-safety-against-apd-chief-medina#:~:text=ALBUQUERQUE%20%E2%80%93%20District%201%20City%20Councilor,Chief’s%20February%202024%20automobile%20crash.

According to former Attorney General Hector Balderas, anyone can submit an LEA-90, or misconduct form, to the LEA Board.

KELLER ADMINITRATION LASHES OUT AT SANCHEZ

In response to the complaint filed by Councilor Louie Sanchez the Keller Administration issued the following statement:

“Louie Sanchez has publicly carried a grudge against Chief Medina for years, but his most recent publicity stunt is not only over the top, it’s redundant. Chief’s crash has been extensively reviewed and a final decision made, and APD is focused on fighting crime.”

The link to the quoted and relied upon news source is here:

https://www.koat.com/article/city-councilor-files-complaint-against-albuquerque-police-chief/61978117

https://www.kob.com/new-mexico/city-councilor-files-complaint-to-investigate-police-chiefs-alleged-misconduct/

APD CHIEF MEDINA GETS A NEW $100,000 RIDE 

On August 21, it was reported by KOB 4 news that APD Chief Harold Medina is now driving an brand new, city issued $100,000 Ford Expedition to replace the city truck he totaled in the February 17 car crash that he admitted to causing and that critically injured another. During the August 19 meeting of the Albuquerque City Council, Republican first term Councilor Dan Champine, who is a retired APD Police Officer, called into question a vehicle that the city purchased with taxpayer money and issued to APD Chief Harold Medina.

Councilor Champine asked pointed questions of Chief Administrative Officer Samantha Sengel.  Champine asked:

“So 4×4, tow package, a sunroof, a premium sound system and aftermarket, 4×4 tires is needed for the chief of police of a city?”

Chief Administrative Officer Samantha Sengel responded saying this:

“The vehicles that we purchase are based upon the need and the demand related to the positions that we have. … When we purchased Medina’s vehicle, it was based upon the available vehicles with four-wheel drive and the available on the lot. …It was not the most expensive vehicle. Not that that is the parameter that we should be setting. But based upon the conditions, we want to ensure command staff and leadership are able to access any scene.”

Sengel said the new Ford Expedition the city bought for Chief Medina was in line with other APD vehicles. She added the chief needed a replacement fast.

The link to the quoted and unedited KOB 4 news story is here:

https://www.kob.com/news/top-news/apd-chiefs-new-vehicle-called-into-question-at-city-council-meeting/

NEW MEXICO STATUTE MANDATING ACTIVATION OF LAPEL CAMERAS BY LAW ENFORCEMENT

Chief Medina publicly admitted in news interviews that he did not have his body camera on during the February 17 incident and car crash and for that reason he referred the matter to APD Internal Affairs.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

“A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

1. Requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;
2. Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
3. Requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and
4. Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies …

B.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

LAW ENFORCEMENT CERTIFICATION BOARD

The “Law Enforcement Certification Board” is administratively attached to the Department of Public Safety.  The board consists of eleven members appointed by the governor with the advice and consent of the senate.   The Law Enforcement Certification Board by statute is given the power to deny, suspend or revoke a peace officer’s certification for just cause.  The board is empowered to conduct investigations as necessary to make determination regarding fitness of a law enforcement officer to execute a law enforcement officer’s duties.

https://law.justia.com/codes/new-mexico/chapter-29/article-7/

The “Law Enforcement Certification Board” may refuse to issue, or may suspend or revoke any police officer’s certification for a number of reasons including when the board determines that a person has committed acts that constitute dishonesty or fraud.

https://law.justia.com/codes/new-mexico/chapter-29/article-7/section-29-7-13/

COMMENTARY AND ANALYISIS

The extent of preferential treatment Chief Harold Medina has been given by APD and that has been allowed by Mayor Tim Keller has been nauseating and obscene at best and on many levels. It has been a major injustice to the real victim of the car accident who Medina put in the hospital in critical condition.

MEDINA PLEADING THE 5^th AGAINST SELF INCRIMINATION

APD Chief Medina pleading his 5^th Amendment Right against self-incrimination during an internal affairs interview to determine violations of personnel policy made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not charged with any criminal offense.  It is well settled criminal law that any defendant at the time of an arrest is given their “Miranda Rights” which includes the right to remain silent and the right to an attorney.

A charged defendant has the right to refuse to talk to law enforcement, refuse to give any statements and to refuse to testify unless the defendant waives the right against self-incrimination, even after an arrest or in custody. Subsequent to the car crash, Medina made a series of public admissions against interests and admissions of liability including making a video statement to department personnel of his version of what happened which were a waiver of his right against self-incrimination.

As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. The only logical explanation for Medina pleading the 5^th Amendment against self-incrimination with Internal Affairs is that he had something to hide, and he wanted to avoid having to answer direct questions on his prior admissions of liability. He knew full well he would have to answer questions such as why his wife was in the car with him, who was actually driving the vehicle at the time of the accident, why he did not have his emergency equipment on and why he would say there was no oncoming traffic.

MEDINA’S NEW RIDE

The city went out of it way to purchase Medina a $100,000 replacement vehicle for the vehicle he totaled simply because he is the chief.  Medina could have just as easily been assigned another low milage vehicle in the APD massive fleet of vehicles that would meet his needs. It’s common practice within the department when an officer totals a city assigned vehicle, they are not simply given a vehicle they can pick and choose, but assigned what may be available within the APD existing fleet. Confidential sources claim that Medina threw his weight around and made damn sure he got a brand-new vehicle off the lot to his likening.  Medina now lives in Corrales in a home he just recently built and has been seen exiting Corrales at excessive rates of speed in his new vehicle with his emergency equipment engaged as he speeds past motorist and disrupts the quiet community.

MEDINA SHOULD HAVE BEEN TERMINATED FOR VIOLATIONS OF STANDARD OPERATING PROCEDURES

On February 17, APD Chief Harold Medina violated the following APD Standard Operating Procedure:

• Medina failed to activate his lapel camera in a timely manner.
• Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
• Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
• Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
• Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
• Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

The city and Mayor Tim Keller  should have held APD Chief Harold Medina 100% responsible for the car crash critically injuring a private citizen. Chief Medina should have been charged with reckless driving and should have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD and by Mayor Tim Keller.

The finding that the accident was “non preventable” and Medina given a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition was an insult to the general public.  It was a major disservice and a real injustice to the real victim of the car accident who Medina put in the hospital in critical condition.

Chief Medina and Mayor Keller for their part had the nerve to declare Medina the victim of the accident ignoring the real victim and that Medina almost killed that victim.

LAW ENFORCEMENT ACADEMY BOARD SHOULD DETERMINE IF MEDINA’S LAW ENFORCEMENT CERTIFICATIONS SHOULD BE SUSPENDED OR TERMINATED FOR HIS WILLFUL VIOLATION OF STATE LAW

Simply put, the investigation conducted by the APD Internal Affairs and the APD Crash review board reek of preferential treatment and lack of transparency and accountability. When Medina’s February 17 crash occurred, it should have never been investigated by APD given that it was his own agency he manages and oversees.  APD  investigating its Chief called into question legitimacy, fairness and impartiality. The case should have been handed over immediately to another law enforcement agency such as the New Mexico State Police to insure accountability and transparency.

Albuquerque City Council Louie Sanchez has every right to file his complaint against APD Chief Medina.  The Keller Administrations personal attack and lashing out against Sanchez for filing of his complaint is so very typical of its petty, nasty hostility Keller has  whenever the City Council challenges or exerts their legitimate oversight authority over the Albuquerque Police Department.  Mayor Keller for his part could have avoided all of this by doing the right thing by suspending Chief Medina when the accident occurred and referring the matter to an outside agency. Instead, Keller and Medina have portrayed Medina as the victim of the car crash Medina caused putting another in the hospital in critical condition.

APD Chief Medina’s failure to activate his lapel camera as required by state law amounts to an act of dishonesty or fraud.  The Law Enforcement Academy Board needs to take the complaint filed by Councilor Sanchez against Chief Medina very seriously.  It needs determine if Chief Medina’s law enforcement certifications should be suspended or even terminated for his willful act of bad faith and spoilation of evidence with his intentional failure to activate his lapel camera on February 17.

FINAL COMMENTARY

It is common knowledge that Mayor Tim Keller is seeking a third term in 2025.  Medina has also said he is going nowhere and will be retiring in December 2025 after the municipal elections.

Voters need to send a clear message to Mayor Tim Keller that he along with his Chief of Police need to move on.  Eight full years of Tim Keller giving preferential treatment to his executive staff has been more than enough as has been his mismanagement of APD.

_______________________________

POSTSCRIPT

PETITION CALLING FOR MAYOR KELLER TO TERMINATE CHIEF HAROLD MEDINA

On August 22, a petition calling for Mayor Tim Keller to terminate Chief Harold Medina began to circulate on the internet and by email. The petition was started by Citizenof Albuquerque using a free on-line petition organization identified as “change.org.”  

Change.org is a website that allows users to create and sign petitions to raise awareness and influence decision-makers on social causes. Chang.org does solicit contributions but does not require them to sign the petition. The site is owned by a nonprofit foundation and is a for-profit public benefits corporation. Change.org claims to be the world’s largest nonprofit-owned platform for social change.  Users can create petitions on a variety of topics, including general justice, economic justice, criminal justice, human rights, education, environmental protection, animal rights, health, and sustainable food.  The link to change.org is here:

https://www.change.org/login_or_join?redirectTo=%2Fu%2F1348170913

The petition has a photo of APD Chief Harold Medina and provides an update on the status of the number of those who have signed the petition.

The petition sent states:

“WHY THIS PETITION MATTERS

Started by Citizenof Albuquerque

As citizens of Albuquerque, New Mexico, we hold our public officials to a high standard of professionalism and integrity. Regrettably, one among them, Harold Medina, current Chief of the Albuquerque Police Department, has recurrently demonstrated his unsuitability for such an esteemed position. Cambridge’s Policing Project highlights that ethical leadership is integral to enhancing departmental functioning and citizen trust, which we believe is currently lacking under Medina’s leadership (International Association of Chiefs of Police, Policing Project).

His admissions concerning his crash, that seriously injured a citizen of Albuquerque, show that he is only concerned for himself and not the citizens he is sworn to serve. He was recorded during a citywide briefing attempting to downplay his actions and said that the investigation was to simply “appease everyone.” Furthermore, he was exposed during an internals affairs investigation saying that he intentionally did not turn on his camera so he would not incriminate himself. Is that really acceptable for someone who is supposed to be the pinnacle of public servant? The citizens of Albuquerque deserve better!

Mayor Keller, our demands rest on a pressing need for the termination of Harold Medina from his role as chief for the greater good of our community. By signing this petition, we take a collective step towards a safer and better governed Albuquerque. Sign this petition today and be part of the change we need.”

The link to the petition and to sign it is here:

https://www.change.org/p/mayor-keller-terminate-chief-harold-medina

The link to a related Dinelli blog article is here:

APD Chief Harold Medina Pleads 5th Amendment Right Against Self Incrimination In Car Crash Investigation; Medina Found He Intentionally Did Not Have Lapel Camera On; Given New $100,000 Ford Expedition; Citizen’s Petition Seeking Medina’s Termination Circulates | (petedinelli.com)

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.

In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.   Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Medina and his wife were unharmed.  Both vehicles were totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. On April 3 it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.”  Chief Medina has never been charged with any traffic violations.

On July 18, the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia.  Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by APD standard operating procedures. The letters of reprimand were placed in Medina’s personnel file.  No other disciplinary action was taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to  determine if criminal charges should be brought.  APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating  the crash. Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

“CARELESS DRIVING” VERSUS “RECKLESS DRIVING”

The New Mexico Department of Justice evaluated the car crash to determine if it was the result of “careless driving” and ostensibly declined to investigate if it was the result of “reckless driving”.  

It is Section 66-8-114 of the New Mexico Statutes that defines Careless Driving as follows:

1. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
2. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.

https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-114/#:~:text=Any%20person%20who%20operates%20a,is%20guilty%20of%20a%20misdemeanor.

It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  Medina could have totally prevented the accident by turning right on Central but instead drove into oncoming traffic driving between 2 other vehicles and the accelerating over 3 lanes of traffic and plowing into Todd Perchert.

NEW INTERNAL AFFAIRS REPORT

A new report from Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. On page five of the Internal Affairs report, it says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.”  The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On August 23, private attorney and former APD Officer Tom Grover was interviewed by KOAT TV after he reviewed the released Internal affairs report. Grover said this:

“The thing that jumped out at me like frankly a nuclear bomb was the fact that Medina admitted that he purposefully did not activate his lapel camera video. …  It blew my mind because it’s so preposterous. … The notion that [Chief Medina] has a Fifth Amendment right would suggest that he’s in custody  …  and, therefore, is required to make a statement. He’s not in custody. He’s at work.”

Grover said the Internal Affairs investigation report could be brought up in the future as it continues to be evaluated. Ostensibly, Grover was referring to pending civil  litigation for damages and personal injury  that has been filed by the victim of the car crash against the city.

KOAT Legal Expert John Day also reviewed the Internal Affairs report on the car accident.  He gave the opinion  that Medina’s actions of intentionally not turning his label camera on may also violate state law. Attorney Day said this:

“As the report states, that conflicts with APD operating procedures, and it certainly conflicts with the state law regarding police activating their body-worn cameras”.  

Both Day and Grover argue this type of action of pleading the 5^th amendment against self-incrimination in a court of law could make a jury think Chief Medina and APD are trying to hide evidence. Day said he’s never heard of anything like this before and said this:

“And that totally defeats the purpose of this state law [mandating turning on lapel cameras]  and the department’s own policies.”

KOAT contacted APD for a reaction.  A spokesperson for the department said Chief Medina  agreed  to the disciplinary actions of letters of reprimand but disagreed with some of the conclusions made in the investigation by Internal Affairs.

https://www.koat.com/article/new-report-says-apd-chief-intentionally-did-not-have-body-camera-recording-koat/61950799

NEW MEXICO STATUTE MANDATING ACTIVATION OF LAPEL CAMERAS BY LAW ENFORCEMENT

Chief Medina publicly admitted in news interviews that he did not have his body camera on during the February 17 incident and car crash and for that reason he referred the matter to Internal Affairs.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

“A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

1. Requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;
2. Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
3. Requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and
4. Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies … .

B.   Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

APD CHIEF MEDINA GETS A NEW $100,000 RIDE 

On August 21, it was reported by KOB 4 news that APD Chief Harold Medina is now driving an bran new, city issued $100,000 Ford Expedition to replace the city truck he totaled in the February 17 car crash that he admitted to causing and that critically injured another. During the August 19 meeting of the Albuquerque City Council, Republican first term Councilor Dan Champine, who is a retired APD Police Officer, called into question a vehicle that the city purchased with taxpayer money and issued to APD Chief Harold Medina.

Councilor Champine asked pointed questions of Chief Administrative Officer Samantha Sengel.  Champine asked:

“So 4×4, tow package, a sunroof, a premium sound system and aftermarket, 4×4 tires is needed for the chief of police of a city?”

Chief Administrative Officer Samantha Sengel responded saying this:

“The vehicles that we purchase are based upon the need and the demand related to the positions that we have. … When we purchased Medina’s vehicle, it was based upon the available vehicles with four-wheel drive and the available on the lot. …It was not the most expensive vehicle. Not that that is the parameter that we should be setting. But based upon the conditions, we want to ensure command staff and leadership are able to access any scene.”

Sengel said the new Ford Expedition the city bought for Chief Medina was in line with other APD vehicles. She added the chief needed a replacement fast.

The link to the quoted and unedited KOB 4 news story is here:

https://www.kob.com/news/top-news/apd-chiefs-new-vehicle-called-into-question-at-city-council-meeting/

PETITION CALLING FOR MAYOR KELLER TO TERMINATE CHIEF HAROLD MEDINA

On August 22, a petition calling for Mayor Tim Keller to terminate Chief Harold Medina began to circulate on the internet and by email. The petition was started by Citizenof Albuquerque using a free on-line petition organization identified as “change.org.”  

Change.org is a website that allows users to create and sign petitions to raise awareness and influence decision-makers on social causes. Chang.org does solicit contributions but does not require them to sign the petition. The site is owned by a nonprofit foundation and is a for-profit public benefits corporation. Change.org claims to be the world’s largest nonprofit-owned platform for social change.  Users can create petitions on a variety of topics, including general justice, economic justice, criminal justice, human rights, education, environmental protection, animal rights, health, and sustainable food.  The link to change.org is here:

https://www.change.org/login_or_join?redirectTo=%2Fu%2F1348170913

The petition has a photo of APD Chief Harold Medina and provides an update on the status of the number of those who have signed the petition.

The petition sent states:

“WHY THIS PETITION MATTERS

Started by Citizenof Albuquerque

As citizens of Albuquerque, New Mexico, we hold our public officials to a high standard of professionalism and integrity. Regrettably, one among them, Harold Medina, current Chief of the Albuquerque Police Department, has recurrently demonstrated his unsuitability for such an esteemed position. Cambridge’s Policing Project highlights that ethical leadership is integral to enhancing departmental functioning and citizen trust, which we believe is currently lacking under Medina’s leadership (International Association of Chiefs of Police, Policing Project).

His admissions concerning his crash, that seriously injured a citizen of Albuquerque, show that he is only concerned for himself and not the citizens he is sworn to serve. He was recorded during a citywide briefing attempting to downplay his actions and said that the investigation was to simply “appease everyone.” Furthermore, he was exposed during an internals affairs investigation saying that he intentionally did not turn on his camera so he would not incriminate himself. Is that really acceptable for someone who is supposed to be the pinnacle of public servant? The citizens of Albuquerque deserve better!

Mayor Keller, our demands rest on a pressing need for the termination of Harold Medina from his role as chief for the greater good of our community. By signing this petition, we take a collective step towards a safer and better governed Albuquerque. Sign this petition today and be part of the change we need.”

The link to the petition and to sign it is here:

https://www.change.org/p/mayor-keller-terminate-chief-harold-medina

MEDINA DECLARES HE WAS A VICTIM OF A CAR CRASH HE CAUSED

On February 17 during a news conference after the car crash, Mayor Tim Keller reacted to the crash by heaping highly questionable claims and praises on Chief Medina by saying this in part:

 [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.

Keller made no mention of the injured victim of the car crash.   A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.” Again, Keller made no  mention of the serious injuries inflicted on Todd Perchert  the driver of the classic Ford Mustang. 

APD Chief Medina had the audacity to declare that he was the victim in the car crash he caused.  On February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel.

Medina said this this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said on the video he thought the oncoming Mustang would pass through intersection before he got there.  Medina said in his video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

Medina admitted he was the one responsible for the crash. He admitted he ran a red light and that he did not have the right of way. Medina also admitted as before that he did not have his body camera on at the time of the accident, so he referred the matter to Internal Affairs.

MEDINA’S FALSE CLAIMS EXPOSED BY VIDEO OF ACCIDENT

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang.  The surveillance video reveals a false statement made by Chief Medina in his version of events that he gave in his “Chief’s Corner” video statement which was that the intersection was clear when Medina ran the red light.

The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting.  The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates to a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

Medina said this in his Chief’s Corner video statement:

 “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

 Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, the video shows it was not clear at all and there was oncoming traffic and he did not have his emergency equipment engaged.

The surveillance video shows Medina cutting in front of another car before accelerating at a fast rate of speed through the intersection. The video shows oncoming traffic with Medina first slowly inching between two vehicles traveling West on the North side lanes of Central and Medina then accelerating to cross to the South traveling lanes of Central at a high rate of speed and crashing into the Mustang that was traveling East on the South lanes of Central.

APD Chief Harold Medina could have totally avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also have the immediate effect of driving the vehicle out of the line of fire with a motel building providing an extent of obstruction.

COMMENTARY AND ANALYISIS

The extent of preferential treatment Chief Harold Medina has been given by APD and that has been allowed by Mayor Tim Keller has been nauseating and obscene at best and on many levels.

MEDINA PLEADS THE 5^th AGAINST SELF INCRIMINATION

APD Chief Medina pleading his 5^th Amendment Right against self-incrimination made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not being charged with any criminal offense.  As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. Subsequent to the car crash, Medina made a series of public admissions against interests and admissions of liability including  making a video statement to department personnel of his version of what happened.

The only logical explanation for Medina pleading the 5^th  Amendment against self-incrimination is that he has something to hide, and he wanted to avoid having to answer direct questions on his prior admissions of liability. He knew full well he would have to answer questions such as why his wife was in the car with him, who was actually driving the vehicle at the time of the accident, why he did not have his emergency equipment on and why he would say there was no oncoming traffic.

MEDINA’S NEW RIDE

The city went out of it way to purchase Medina a $100,000 replacement vehicle for the vehicle he totaled simply because he is the chief.  Medina could have just as easily been assigned another low milage vehicle in the APD massive fleet of vehicles that would meet his needs. It’s common practice within the department when an officer totals a city assigned vehicle, they are not simply given a vehicle they can pick and choose, but assigned what may be available within the APD existing fleet. Confidential sources claim that Medina threw his weight around and made damn sure he got a brand-new vehicle off the lot to his likening.  Medina now lives in Corrales in a home he just recently built and has been seen exiting Corrales at excessive rates of speed in his new vehicle with his emergency equipment engaged as he speeds past motorist and disrupts the quiet community.

MEDINA SHOULD HAVE BEEN TERMINATED

APD Chief Harold Medina should have been held 100% responsible for the car crash critically injuring a private citizen. Chief Medina should have been charged with reckless driving and should have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD with a finding that the accident was “non preventable” and a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition. Chief Medina and Mayor Keller for their part had the nerve to declare Medina the victim of the accident ignoring the real victim and that Medina almost killed that victim.

MEDINA’S VIOLATIONS OF STANDARD OPERATING PROCEDURES

Medina violated the following APD Standard Operating Procedures:

• Medina failed to activate his lapel camera in a timely manner.
• Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
• Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
• Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
• Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
• Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

FINAL COMMENTARY

It is common knowledge that Mayor Tim Keller is seeking a third term in 2025.  Medina has also said he is going nowhere and will be retiring in December 2025 after the municipal elections. Voters need to send a clear message to Mayor Tim Keller that he along with his Chief of Police need to move on.  Eight full years of Tim Keller giving preferential treatment to his executive staff has been more than enough as has been his mismanagement of APD.

A link to a related blog article is here:

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures | (petedinelli.com)