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 witnessed two people getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired. In response to the gun fire, Medina admitted to taking off driving through a red light saying there was no oncoming traffic.
Medina drove South through 3 lanes of traffic on Central and T-Boned a gold colored Ford Mustang. The driver of the Mustang was taken to the hospital in critical condition. Neither Medina nor his wife sustained any serious injury. Both vehicles were likely totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Chief Medina has yet to be charged with any traffic violations.
MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM
On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the entire incident 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.
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.”
EXTENT OF INJURIES TO OTHER DRIVER REVEALED
It is absolutely pathetic how the local news media have been obsessed with reporting on Mayor Tim Keller and Chief Harold Medina but have failed to do any story or follow up regarding the extent of injuries of the real victim in the car crash.
Confidential sources have revealed the identity of the driver of the Gold Mustang to be Todd Perchert who posted on his FACEBOOK page a photo of himself in a hospital bed with an oxygen tube in his nose. His post said this:
“Broken clavicle, scapula, 8 ribs, tube in lung, and stiches on head and ear. Plus epidural feeding pain meds to spine.
Thank you all for continued prayers.
Most likely will have surgery to put plates on ribs.
Had looked forward to Fox King and Country at Calvery this am …
Continued prayers appreciate.
Thank you!
Love”
The social media post and photo of the victim in the hospital was soon taken down most likely under advice of counsel. The FACEBOOK page is replete with numerous photos of the gold classic Ford Mustang as the proud owner travels the highways and outdoors of New Mexico reflecting great pride over ownership of the vehicle.
The blunt truth is the injured driver of the Ford Mustang was NOT at the “wrong place” as Mayor Keller suggested. Medina was not the victim of any crime as he fled from a scene to protect himself and his wife from harm. It was the driver of the Ford Mustang who is the real victim and an innocent bystander driving his vehicle obeying the law when Chief Medina T-Boned him, critically injuring him and likely totaling both vehicles. It was Chief Medina who was in the wrong place and who broke the law by driving recklessly and running a red light. Medina has not been cited with no explanation given by APD.
MEDINA AMITS TO LIABILITY AND VIOLATIONS OF STANADARD OPERATING PROCEDURES AND PROCLAIMS HE WAS VICTIM
On Tuesday, February 20, Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel where he appeared standing and in full dress uniform. He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. He spoke directly into the camera and spoke calmly for 6 minutes, 47 seconds and gave a very detailed report on the car crash he and his wife were involved in.
Medina started out by saying this:
“This weekend was a big reminder to me what it was like to be a patrol officer and have to make difficult decisions, and life-and-death decisions, in a split second.”
In the video, Chief Medina mentions he was out of town all the week before on a work conference and came back to town late Friday night. On Saturday, February 17, he said he wanted to take his wife to a morning press conference with the mayor and they could have a Valentines Day “dinner” afterwards.
Medina says this in his video:
“We got ready, and as we went in, we stopped for a cup of coffee and we were talking on the way to the southeast for the press conference when we were driving down Central. And I noticed that there could possibly be a homeless encampment on Alvarado, north of Central. As most area commanders are well aware, I point this out and ask that they get them cleaned up when they can.”
…
“They were two individuals. I do not know if they were homeless, but they were in some type of argument. I reached down to hit my radio and to hit the horn on my control console. When my wife stated “gun, gun”. I looked up and I could hear that a shot had been fired and I saw an individual that was holding a firearm, pointing at another individual who is directly in line with my wife.”
In his Chief’s Corner video statement, Medina said his wife saw the men arguing first and told him, “Look, those two homeless individuals are about to get into a fight.” Medina said “I do not know if they were homeless, but they were in some type of argument.” Medina said he “stayed there a second [and] evaluated the situation” and said he decided the “best thing” was to get his wife out of harm’s way “and regroup.”
Medina went on to says this:
“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 essentially admitted he was the one responsible for the crash in that he admitted he ran a red light and that he did not have the right away. Medina also admitted before he did not have his body camera on at the time of the accident.
Chief Medina admitted that his wife has not been certified for police ride along with him. Medina said the SOP on police ride along has been relaxed by Mayor Keller where ride along forms to allow relatives to ride along with patrol officers and for personal use are no longer required. In the video Medina says this:
“…we are not going to change processes or policies related to take home cars…the mayor fought hard in 2018 to make sure that we could have a life work balance…I’m going to make sure that uh you don’t have to fill out ride-along forms…”
The problem is APD standard operating procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members. (See Postscript below “Patrol Ride Along Program, SOP 1-6-4 dealing with Unauthorized Patrol Ride-Along”)
Medina said he and his wife were in fact examined for injuries with x- rays taken of his wife and they were not seriously injured and have fully recovered.
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.”
The Chief’s corner statement was posted on YouTube where it could be viewed, but on February 20, it was discovered it had been taken down. However, you can view the video on the on-line news ABQ Raw here:
The link to the video was:
https://m.youtube.com/watch?v=lmf6qEHOH1E&feature=youtu.b
The link to other quoted news sources are here:
APD RELEASES VIDEO OF CHIEF MEDINA’S CRASH REVEALING MAJOR DISCREPENCIES IN MEDINAS VERSION OF EVENTS
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 Mustang. The surveillance video reveals two major falsehoods in Chief Medinas version of events that he gave in his Chief Corner video statement:
- That the intersection was clear when Medina ran the red light.
- That Medina talked to the victim of the shooting.
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.
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 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.
EDITOR’S NOTE: It’s highly likely that 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 the motel building providing an extent of obstruction.
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.
According to the Supplemental report released by APD, the person who was shot at did not stay at the scene or talk to police “aside from a short conversation with Chief Medina to tell him he was not shot.” It was Chief Medina who reported that he went to check on the victim who was shot at, however the video provided by APD shows the alleged victim running to Medina’s truck to check on passengers after the crash but once he got to the vehicle and saw who was inside, he did not talk with the passengers, and he immediately runs away south on Alvarado and he has not been identified and has not been seen again.
The links to news sources and video are here:
https://www.kob.com/new-mexico/apd-releases-surveillance-video-of-police-chiefs-crash/
https://www.abqraw.com/post/apd-releases-video-of-chief-medina-s-crash-critically-injuring-a-citizen
NEW MEXICO STATUTORY LAW
There are two New Mexico Statutes that Chief Medina violated:
1. The Reckless Driving statute
2. The statute requiring the use of body cameras by police.
RECKLESS DRIVING
It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:
- 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.
- 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.
- 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/
MEDINA VIOLATED BODY CAMERA MANDATE
Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash.
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, except as provided in Subsection B of this section. 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:
(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;
(b) intentionally manipulate a body-worn camera recording; or
(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.
The provisions of Subsection A of this section shall not apply when a peace officer:
(1) conducts an undercover operation sanctioned by a law enforcement agency; or
(2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.
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.
Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had. There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “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.”
CITY COUNCIL VOTES DOWN 5-4 RESOLUTION CALLING FOR MULTI AGENCY INVESTIGATION
On March 4, the Albuquerque City Council voted 5 to 4 against a resolution calling for a multi-agency investigation into APD Chief Harold Medina’s February 17 car crash. The resolution was sponsored by Democrat City Councilor Louie Sanchez and Republican City Councilor Dan Champine, both who are retired APD Police Officers. The resolution called for the incident and car crash to be referred to the New Mexico Department of Justice, New Mexico State Police, Bernalillo County Sheriff’s Office and APD to conduct an independent investigation of the car crash.
During debate on the resolution, co-sponsor Champine said the move could help improve public perception of the department after the incident. He also said it would be difficult for sworn officers to “investigate their boss.”
Councilor Louie Sanchez for his part said transparency is crucial given all the recent problems with APD. Sanchez said this:
“We have a pending federal lawsuit with the DWI officers, which is dealing with corruption. We have DOJ investigations set with the APD and now we have a questionable accident by the police chief …. It’s imperative that the city has transparency in regard to this investigation. The mayor should have immediately called for this investigation, so we waited, and it never happened. This is all we’re looking for is transparency into the investigation so that way it’s handled by someone other than the administration, someone other than the police chief that’s in charge of that department. … The mayor should be looking at what the constituents and the citizens of Albuquerque need from his police department, and I hope he makes the correct decision. … The citizens of Albuquerque need to … regain their trust in their police department.”
Councilor Brook Bassan asked city staff if there was “a reason to believe that APD is not capable of holding the chief to the highest standards.” Chief Administrative Officer Samantha Sengel said there was an on-the-scene investigation, “which is beyond what would have been required in this situation.” She said Chief Medina requested the investigation. It was also reported that an Internal Affairs investigation related to standard operating procedures and department policy is underway.
Those city councilors voting YES in favor of the Resolution calling for an intendent investigation were Democrat City Councilor Louie Sanchez and Republican City Councilors Dan Lewis, Renee Grout and Dan Champine. Councilors voting NO were Democrats Klarissa Pena, Tammy Fiebelkorn, Joquin Baca, Nichole Rogers and Republican Brook Bassan.
Superintendent of Police Reform Eric Garcia, a former Deputy Chief appointed by Chief Medina, gave a presentation about the city’s monitoring team, which is part of Internal Affairs. He emphasized the group is independent from APD. Garcia said he believed the investigation would be fair and he has had to discipline others before. Garcia said this:
“I do not like doing … [discipline]. But it’s something that has to be done.”
Links to quoted news sources are here:
COMMENTARY AND ANALYSIS
APD has an extensive history of not being able to police itself. APD’s failure to police itself is one of the biggest reasons why in 2013 the Department of Justice found a culture of aggression within the Department and APD’s use of force and deadly force that resulted in the consent decree and oversight by the federal court for the last 10 years. The recent DWI scandal involving a bribery scheme to dismiss cases by APD officers is further evidence of APD’s failures to police itself.
The Albuquerque City Council plays a critical role in overseeing the Albuquerque Police Department. It is difficult to understand how the majority of the Albuquerque City Council do not comprehend the fact there is a need for an outside agency to give a hard and objective look at Chief Medina’s actions of February 17. The city council voting no on the resolution was a dereliction of duty on many levels, especially for failing to acknowledge just how serious the accident was, the injuries inflicted and the number of standard operating procedure violated by APD Chief Harold Medina who Mayor Keller proclaims to be “arguably the most important person right now in these times in our city” as he fled from the scene out of fear for his own safety and his wife’s safety.
Notwithstanding Superintendent of Police Reform Eric Garcia’s saying he believes his investigation will be fair and that he has imposed discipline on others before, he has never done so with a Chief who he worked for as a Deputy Chief and it’s not likely he will recommend any action against his former boss. Garcia no doubt has gotten where he is today in part thanks to Medina.
ADMISSIONS OF GUILT AND VIDEO ESTABLISH RECKLESS DRIVING AND
Chief Medina has admitted that he did not have his body camera on. He has admitted that he ran a red light and T-boned another driver. The surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on. The video shows oncoming traffic with Medina first slowly inching between two vehicles and Medina then accelerates to a high rate of speed to cross to the South traveling lanes of Central and crashing into the Mustang that was traveling East on the South lanes of Central.
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.”
Chief Medina has not been charged and no explanation has been given by APD as to why. Any other APD officer involved in such a crash they are the cause of injuring another would have been charge and immediately placed on administrative leave pending a full investigation.
STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA
Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures. The POSTSCRIPT to this blog article outlines all the Standard Operating Procedures likely violated directly or indirectly by Chief Medina.
Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation. Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.
Medina violated the following APD Standard Operating Procedures:
- Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner (Standard Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and 2-8-5 “Mandatory Recordings”)
- Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
- Chief Medina did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
- Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
- Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
- Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
- Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)
NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES
No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.
The 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.
It’s more likely than not that Chief Medina will not face any discipline, given he is a command level and Mayor Keller has called Medina “arguably the most important person right now in these times in our city.” If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them. That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children. The case resulted in a multimillion-dollar judgement against city.
This whole car crash incident and how it has been handled further erodes the credibility of Chief Medina and Mayor Tim Keller whose reputations have already been damaged to a great extent by the ongoing Federal Investigation of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases.
FINAL COMMENTS
It is downright disgusting that Mayor Tim Keller has tried to make out Chief Medina as some sort of a hero when he never confronted any one and in fact fled the scene out for self-preservation to himself and his wife.
It’s even more disgusting how Medina had the nerve to say “I was the victim of this traffic accident” when in fact he suffered no injuries as he put an innocent civilian in the hospital in critical condition.
Both Keller and Medina are an embarrassment to the city with Keller doing whatever he can to shield his appointed police chief from being held accountable 100% for an accident that caused serious bodily injury to a law-abiding citizen.
The city council’s failure to vote for an independent investigation is a reflection that they simply want to ignore their oversight responsibilities of a department unable to police itself.
APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring a private citizen and sending him to the hospital.
Chief Medina should be charged with reckless driving and be terminated “for cause” for the violations of APD’s Standard Operating procedures.
______________________________________________________________________
POSTSCRIPT
Below are the standard operating procedures (SOP) that were likely violated in the Medina auto crash:
APD STANARD OPERATING PROCEDURES
It is Standard Operating Procedure 1-6 the deals with the APD “Patrol Ride Along Program”
1-6-4 entitled Rules outlines ride alongs with police.
Eligibility for Participation in the Patrol Ride-Along Program
- The Patrol Ride-Along Program is neither a public relations program nor is it intended to satisfy a community member’s curiosity about police work.
- Professional Staff members and community members are permitted to participate in patrol ride-alongs for the purpose of meeting their training and educational needs.
- A professional staff member or community member who wants to participate in the Patrol Ride-Along Program must be eligible for the Department’s Volunteer Program or Internship Program, consistent with SOP Volunteer and internship Programs …
… .
Unauthorized Patrol Ride-Along
Officers and PSAs shall abide by the Patrol Ride-Along requirements prior to authorizing any community member or professional staff member to ride along on patrol.
____________________________________________________________
It is 2-5 of APD Standard Operating Procedures that deal with use of APD issued department vehicles. Section 2-5-4 specifically deals with General Procedures For Department-Issue Vehicles and provides in part:
…
- When operating a Department-issued vehicle, sworn personnel shall:
- Have their police radio on and tuned to the proper frequency for their location;
- While on-call, carry all necessary equipment for a call-out;
- Consistent with SOP Personnel Code of Conduct and SOP Uniforms, have in their possession a jacket or vest that clearly displays the Department insignia, their badge, identification card, handcuffs, body armor, radio, on-body recording device (OBRD), and firearm to effectively perform a police function. …
- When responding to a felony call with non-sworn personnel as passenger(s), except for approved ride-along, first drop off the passenger(s) at a convenient and safe location, then respond to the call consistent with Department Standard Operating Procedures (SOP); … .
__________________________________________________________
It is 2-6 of APD Standard Operating Procedures that deals with Use of Emergency Warning Equipment.
Section 2-6-4 entitled Procedures states as follows:
Authority for Code Response.
When sworn personnel respond to an emergency call, or when in pursuit of an individual who has violated or is suspected of violating a law, sworn personnel shall be authorized to exercise the right-of-way privilege , pursuant to the New Mexico state statute on authorized emergency vehicles, if the officer is driving an authorized emergency vehicle and properly using authorized emergency warning equipment.
This authority does not:
- Relieve the officer who is driving an authorized emergency vehicle from the duty to drive with due regard for the safety of others; or
- Protect the officer from the consequences of reckless disregard for the safety of others.
_____________________________________________________________________
It is 2-7 of APDs Standard Operating procedures that deals with DAMAGE TO CIVILIAN PROPERTY
Section 2-7-2 entitled Policy provides:
It is the policy of the Department to document when Department personnel damage civilian property … during the course of their official duties.
… .
Section 2-7-4 entitled Procedures provides:
- Civilian property may include, but is not limited to:
….
Vehicles
When Department personnel damage civilian property, they shall:
- Complete a Uniform Incident Report documenting the damage;
- If the primary officer caused the damage, they shall document the information in their Uniform Incident Report.
- If another officer caused the damage, they shall document the information in a Supplemental Report. … .
____________________________________________________________
It is 2-8 of APD’s standard operating procedures that deals with “USE OF ON-BODY RECORDING DEVICES”
Section 2-8-4 entitled Rules provides as follows:
All uniformed and plainclothes sworn personnel, Police Service Aides (PSA), Crime Scene Specialists (CSS), PTU personnel, and all uniformed personnel shall wear a Department-issued OBRD while on-duty. Exceptions to wearing the OBRD include:
- Written approval by the Chief of Police, which will be limited to Department personnel who do not routinely interact with the public and only when those personnel are not engaging in law enforcement or investigative encounters with the public, including any mandatory recording events. Notwithstanding this exception, all Department personnel shall record mandatory recording events.
- During training, unless required to wear the OBRD for training purposes;
- Bomb Squad personnel, while actively working a scene with suspicious or hazardous items; and
- Any duty assignment where sworn personnel do not carry a Department-issued badge and firearm, including restricted duty, administrative assignment, or administrative leave.
_________________________________________________________
Section 2-8-5 of APD’s standard operating procedures delineates “Mandatory Recordings” by APD sworn personnel and provides as follows:
- Department personnel shall activate their OBRD [ON BODY RECORDING DEVICE] for any call for service that involves a law enforcement encounter, for any other law enforcement encounters that involve contact with community members, and for any investigative encounters involving community members.
- For all mandatory recording events, Department personnel shall activate their OBRD prior to contact with individuals, except during emergency situations that require immediate action to preserve life or safety. At the first available opportunity, Department personnel shall activate their OBRD immediately.
- Examples of mandatory recording events include, but are not limited to: Law enforcement encounters; Traffic crashes;
______________________________________________________________________
Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”
2-47-4 outlines the following Procedures:
General Procedures for Crashes that Involve Department-Issued Vehicle Department personnel who are Involved in the crash shall:
- Request Albuquerque Fire Rescue (AFR) for any injuries;
- Secure the scene to prevent further damage;
- Preserve evidence;
- Request that an on-duty supervisor respond to the scene of the crash;
- Request for an available officer or Police Service Aide (PSA) to be dispatched to investigate the crash and to complete a Uniform Crash Report (UCR) to include the vehicle or unit number on the UCR diagram or narrative;
- The responding officer or PSA who completes the UCR shall gather sufficient information concerning the cause of the crash to testify at the Crash Review Board (CRB) Hearing, if necessary; and
- Request for a supervisor, a Crime Scene Specialist (CSS), or a Police Service Aide (PSA) to photograph the crash.
- Photographs shall include close-ups, mid-ranges, and the overall scene.
- Photographs shall be tagged into evidence as outlined in SOP Collection, Submission, and Disposition of Evidence and Property (refer to SOP Collection, Submission, and Disposition of Evidence and Property).
- Supervisors with Axon training may take the photographs for non-injury crash investigations.
11. The investigating supervisor shall:
A. Determine whether the crash involves serious personal injury, death, or substantial damage to any involved Department personnel or the Department-issued vehicle before clearing the scene of the crash;
B. Notify the following personnel to respond to the scene of the crash if it involves life-threatening injuries or death:
i. Internal Affairs Professional Standards (IAPS) Division investigative personnel;
ii. An on-duty CSS; and
iii. The on-call Metro Traffic Division Fatal Traffic Team supervisor.
C. Based on the damage to the Department-issued vehicle and the extent of injuries, determine whether the on-call Metro Traffic Division Fatal Traffic Team will investigate the crash;
D. Ensure that all crashes involving Department-issued vehicles, no matter how minor, are documented in a UCR;
E. Submit an Internal Affairs (IA) database web application entry for vehicle crashes, which includes copies of the completed UCR and City of Albuquerque Substance Abuse Program Post-Accident Decision Making Form;
F. Forward the completed UCR and the City of Albuquerque Substance Abuse Program Post-Accident Decision Making Forms to the lieutenant or division head within five (5) calendar days;
G. Examine any damage to Department-issued vehicles and physical evidence present to ensure that there is consistency with the reported circumstances; and
H. Determine whether the Department-issued vehicle is safe enough to remain in service or if the vehicle should be transported to the City of Albuquerque Fleet Management (Pino Yards) at 5501 Pino Ave NE.
I. The on-scene supervisor or investigating officer may allow the involved vehicles to be moved if they impede the safe flow of traffic.
J. The on-scene supervisor or investigating officer may only allow the vehicles to be moved from the scene for non-injury crashes or when moving the vehicles does not significantly impact the investigation.
K. Operations Review Section personnel shall review the UCR and the IA database web application entry for accuracy and to ensure that all required documents are attached to the IA database web application entry.
L, After reviewing the UCR and the IA database web application entry, the Operations Review Section Fleet Coordinator shall:
Send the IA database web application entry information to IAPS Division personnel; and
Forward the UCR to the Metro Traffic Division Administrative Assistant.
The link to a related Dinelli blog article is here: