Gov. MLG Says 80% Chance For Special Session; COMMENTARY: Special Session Should Be Convened To Expand Mental Health Court; Create 14th Judicial District Court With 3 Regional Divisions For Mental Health Commitment Hearings; Build Regional Treatment Facilities And Hospitals For Mandatory Treatment

Posted on April 8, 2024 by

It has been reported that Governor Michelle Lujan Grisham says there’s an 80% chance she will call state lawmakers back to the state Capitol for a Special Session to approve new public safety laws. The governor has more than hinted at calling a special session ever since the 30-day legislative session ended on February 16. The Governor said the day the 2024 session ended she was disappointed the Legislature did not approve much of her public safety agenda and she’s not willing to wait until the 2025 legislative session to get it done.

Governor Lujan Grisham said this about a special session:

“[I am leaning] 80/20 in favor of a special session. … I want a special session that makes a difference for New Mexicans. … I want to get something done, and I think that’s where I’m heading. “

A spokesperson with the Governor’s office said the governor has not made a final decision yet, but “she has been meeting with legislative leaders of both parties to evaluate which issues to put on the agenda.”

FOUR MEASURES BEING DISCUSSED

Governor Lujan Grisham said in an interview with the Santa Fe New Mexican there are 4 measures she might include in a Special Session.

The first bill would send criminal defendants who are found incompetent to stand trial to a mental health or behavioral health treatment program.

The second bill would be “sort of a civil counterpart to [to the first]” Lujan Grisham said. It would offer mental or behavioral health programs to people with “a significant mental health issue and a chemical dependency” when family members are unable to have them involuntarily held in an inpatient facility. The bill would allow for treatment for at least 90 days according to the Governor. The governor said this:

“Judges want this tool. … They can meaningfully use it.”

The third measure would restrict panhandling and in particular when people are camping out on medians or standing near busy intersections. The governor said she has seen people lying down in roadways and chasing vehicles, including hers. The Governor said this:

“This has to end because someone on the streets is going to get killed. A child is going to get killed. A motorist is going to get killed or kill someone.”

According to the Governor, the 3 bills together would “allow us then to focus on the remaining supports and remedies — housing, income, the ability to provide meaningful behavioral health for people who couldn’t get access.”

The fourth bill would increase penalties for some crimes, such as being a felon in possession of a firearm.

A QUESTION OF IF, WHEN AND FOR HOW LONG

Whether the House and Senate would pass the measures in a special session is very unclear based on what happened in this year’s 2024 session. A bill to limit panhandling on public roadways stalled in a committee during the 30-day session, as did a bill that would have changed the procedures for determining whether a criminal defendant is competent to stand trial.

The Governor said she is reaching out to legislative leaders in both parties and “doing my vote counts” to see if she has enough support for special session initiatives.

Senate Majority Leader Peter Wirth, D-Santa Fe, confirmed the governor has been talking with Democratic leaders about a possible special session, which “has to be focused with a handful of specific bills that have been vetted on the front end.” Wirth said that in most cases, a special session can be accomplished in 1 to 3days. Wirth said he was uncertain when a session might be held and said this:

“The date will depend on these bills and whether they can be put together, and that’s going to take some time.”

Sen. Greg Baca, R-Belen, said the governor also spoke with him about a possible special session. Baca said this:

“We’re just awaiting word if we’re going to have it or not. … [Senate Republicans are] always behind real crime prevention and addressing our crime issues in the state.”

IT’S COMPLICACTED

It is the mental health competency issue that is front and center of the special session discussions. District attorneys, public defenders, and lawmakers on both sides of the aisle agree that there needs to be a better way to handle suspects who are repeatedly deemed incompetent to stand trial and then released back on the streets. News reports are clear that the governor wants state lawmakers to approve a bill that would allow the courts to mandate behavioral health treatments for those suspects.

Speaker of the House Javier Martinez said says he’s not against a special session but the competency civil process is a complicated proposal. Speaker Martinez’s said this:

“Some of them are very complicated bills from a technical perspective. And so we want to make sure we get it right before walking in. Because I don’t think anyone wants us to be up there for weeks at a time without there being an agreement on what we can pass or not.”

Martinez said he is still having conversations with the governor about a potential special session, but he’s also getting a head start on those complicated debates. The Speaker is planning to meet with a group of experts in April to discuss the competency issue.

“Anything that can help improve the lives of New Mexicans, I am for. Whether or not it should be in a 60-day session, or before that during a special session, I think it’s up to, you know, first of all up to the governor, because as I said, she’s the one who has the ability to call a special session. But if we can get something done before the regular 60-day session, I would be supportive.”

A special session costs roughly $50,000 per day.

https://www.santafenewmexican.com/news/legislature/governor-special-session-on-public-safety-measures-more-likely-than-not/article_9e392f96-ebb3-11ee-85fb-c3469c35fa27.html

https://www.kob.com/new-mexico/new-mexico-governor-considers-special-session-to-approve-public-safety-laws/

https://www.koat.com/article/new-mexico-possible-special-legislative-session/60329710

https://www.kob.com/new-mexico/new-mexico-governor-considers-special-session-to-approve-public-safety-laws/

https://www.aol.com/news/governor-special-session-80-likely-033300857.html

2024 LEGILSATIVE SESSION RECALLED

The 2024 New Mexico legislative session ended on February 15 at noon. During a news conference immediately after the session ended Governor Michelle Lujan Grisham said she may convene a “special public safety session” to possibly pass more public safety initiatives that did not make it through the 2024 legislature.

The governor said she really wanted lawmakers to approve a bill reworking how the courts address competency and behavioral health treatments. Senate Bill 16 was the criminal competency bill introduced in the 2024 session that would have mandated court-ordered treatment for a defendant deemed dangerous and incompetent to stand trial. Under current laws, individuals found incompetent largely have charges against them dismissed and are given information about services.

The bill never made it to the floor. Lujan Grisham said this:

“We need a tool for folks who are repeat offenders because of these issues — substance abuse, behavioral health, mental health issues — to make sure that they can get the required treatment for more than a minute.”

PROVSIONS FOR VARIOUS DEGREES OF CRIME

The legislation included provisions for the various levels of crimes.

For violent felonies, if the defendant regained competence, the prosecution would continue. If the defendant failed to gain competence, they will remain in the residential facility with intermittent reporting to the court about his progress.

For non-violent felonies only the defendant would be referred to a diversion to treatment program for no longer than 18 months. Upon completion, charges are dismissed.

If a defendant was unable or refuses to participate once referred, they would be assessed for civil commitment or assisted outpatient treatment.

For misdemeanors, the defendant could be diverted to treatment and “wrap around” services for up to 6 months.

https://ladailypost.com/gov-michelle-lujan-grisham-announces-legislation-that-increases-access-to-mental-health-services-for-repeat-defendants-in-new-mexico/

SUPPORT FROM PROSECUTION AND DEFENSE

The term “revolving door” is often used to refer to criminals who are arrested, released before trial with conditions, and then arrested again for committing more crimes. During the 2024 legislative session, state lawmakers did approve a bill that addressed to some extent part of the issue, but law enforcement leaders say the revolving door also includes suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to be arrested again. It’s a gap in the system that state leaders want to close, but changing state law is only part of the solution.

Bernalillo County District Attorney Sam Bregman said he believes state lawmakers were on the right track with Senate Bill 16 to allow judges to order certain low-level suspects into behavioral health treatments to restore their competency so they’re able to stand trial. Bregman said this:

“Right now, we just keep doing the same thing and we’re just having people go through the system with no real help for them, and it’s not good for the community. … A tremendous amount of cases are being dismissed because if someone’s not competent, they can’t help in their defense … and that’s not the way our criminal justice system works.”

Chief Public Defender Bennett Bauer said he agrees the system need to be fixed. Bauer said this:

“It’s important that people know that treatment, instead of incarceration, isn’t just to be nice to the person facing the charge. … It’s really what builds community safety. … We, as a community, need to step in, but much of that is stepping in and providing assistance to lift those folks up.”

Notwithstanding Bauer saying the system needs to be fixed, he said it was a good thing Senate Bill 16 died in the Roundhouse because he believes lawmakers and law enforcement leaders need more time to work through those health care capacity issues and a mental health care system that does not have enough providers nor facilities to do mental health evaluations. Bauer said this:

“Creating the capacity for treatment in the 33 counties in New Mexico, and at the same time, we create a court system that supports that community safety is critical.”

https://www.kob.com/new-mexico/new-mexico-faces-critical-public-safety-gap-competency-and-behavioral-health-treatment/

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

MENTAL HEALTH COURT

It was in 2007 that the Second Judicial Court located in Bernalillo County established the states only specialized Mental Health Court (MHC). It is a state-certified specialty treatment court program specifically for individuals whose involvement with the legal system is directly related to an untreated mental health disorder or untreated substance abuse disorders, indicating a clear need for intervention, treatment and support. The program serves individuals charged and/or convicted of felony level charges within Bernalillo County.

MISSION AND GOAL OF MENTAL HEALTH COURT

The Mission and Goal of the Mental Health Court are very straight forward:

Engage individuals with serious mental health diagnosis who are involved in the criminal system. The program strives to improve one’s quality of life through treatment, linkage to community resources, specialized supervision and extensive supportive measures. … The overall goal of the MHC program is to minimize and/or eliminate involvement with the criminal justice system while improving one’s overall mental health and quality of living.

FOCUS OF MENTAL HEALTH COURT

The Mental Health Court has an overall focus on assisting with improving participants’ quality of life, appropriate treatment services and discontinuing involvement with the criminal justice system. The program includes both pre and post plea tracks. The program serves individuals at high levels of risk and need, as assessed. The program duration typically ranges from 18-24 credit earned months. Time in the program is dependent on the severity of risk and need, level of participation and overall progression through the program.

The Mental Health Court (MHC) team members take into special consideration that participants typically have extensive trauma histories, limited support systems and a history of substance abuse, mental health and co-occurring disorders. In addition, participants often lack basic resources such as housing, education and/or employment. In an effort to meet the individualized needs of each participant, MHC provides intensive clinical case management, individual, group, and family treatment services, housing, academic and vocational support through community service providers.

The services provided are unique to the person and are identified through individualized assessments and treatment planning. Each participant is given ample opportunity to receive the needed services to develop the life skills needed to live a life that is substance and criminal justice free.

The program is 100% voluntary, and is an alternative to the standard judicial process. The courts current capacity is 35. The recidivism rate from September 1, 9/1/2017 to 1/1/2023 is 5.5% with a success rate of 94.5%

PRE-ADJUDICATION, POST-ADJUDICATION

Program referrals are accepted from attorneys, judges, treatment providers, community agencies, family members and from individuals involved in the justice system that are interested in participating in jail diversion programs, as an alternative to traditional court processes.

The MHC program accepts both pre-adjudication and post-adjudication referrals:

Pre-Adjudication: Participants can screen for the program pre-adjudication upon a referral to determine eligibility.

Post-Adjudication: Participants enter the program upon the filing of a formal plea agreement or upon a trial conviction. Sentencing is completed upon graduation of the program. Participants are advised appropriately of the possible sentence and penalties they may face, should termination or a voluntary withdrawal occur.

ELIGIBILITY FOR MENTAL HEALTH COURT

There are 4 major eligibility criteria to for the court:

MHC accepts individuals with a Serious Mental Health Illness (SMI) as a primary diagnosis.
Participants must have current felony charges-pending in Bernalillo County.
Participants must have identifiable substance abuse, mental health and/or social service needs, and be willing to participate in treatment for the duration of the program. Treatment services may include psychiatric evaluation, medication management, substance abuse individual and/or group counseling, and other behavioral treatment services as recommended.
Participants are not excluded from participation in MHC due to lack of residence and/ or stable residence.

All referrals are reviewed and considered on a case-by-case basis and a decision is made if a person is disqualified.

DISQUALIFICATION CRITERIA FOR MENTAL HEALTH COURT

There are 5 areas where a person can be disqualified from court participation:

Individuals who have pending charges or who have been convicted of capital offenses and/or sex offenses are disqualified.
Individuals who have been found incompetent, or competency is pending and/or do not have the cognitive capacity to participate in the program are disqualified.
Individuals who do not engage in completing clinical assessments and who stop showing up for program requirements are disqualified.
Individuals unwilling to follow treatment recommendations (e.g. medication management, counseling, case management services), are disqualified.
Individuals with cognitive impairment or learning disabilities that prohibit the ability to advance through the program are disqualified.

SERVICE DELIVERY FOR MENTAL HEALTH COURT

Community treatment and case management is provided by many entities in the community. Referrals for clients are based on need and agency availability. Participants complete a therapeutic assessment and develop an individualized treatment plan that focuses on identifying strengths and addressing needs. Services are strength-based and client centered for individuals who are challenged by substance abuse and co-occurring disorders and/or are deemed high-risk to reoffend in the community. Clients are ideally engaged in MHC for a period of 18 to 24 (credit-earned) months by transitioning through four phases, with an ongoing relationship of care in the areas of treatment, case management, housing, medication, stability, job readiness, parenting, and educational referrals.

The link to the quoted source is here:

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

CIVIL MENTAL HEALTH COMMITMENT HEARINGS

There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 7-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted. All deal with the civil commitment of those who are a danger to themselves and others and provides that the District Attorney can initiate civil mental health commitment actions for evaluations and treatment.

The link to review the applicable New Mexico state statutes NM Statute §43-1-1 (2019), NM Stat § 43-1-1 (2019), NM Stat § 43-1-11 (2020) on civil mental health commitments is here:

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

NEW MEXICO’S CRIMINAL JUSTICE COURT SYSTEM

There are 13 Judicial District Courts in the State of New Mexico that are courts of general jurisdictions that handle both civil and criminal matters for the 33 counties in the State of New Mexico. Each of the 13 Judicial District Courts have primary jurisdiction over one or more counties based on population.

State District Courts are primary courts of jurisdiction over criminal cases, including felonies and misdemeanor cases. State District Courts have jurisdictions over civil matters with disputes of more than $10,000, domestic relations, mental health and civil commitment cases, appeals from administrative agencies, disputes over real estate, contract disputes, tort actions for personal injury. District Court criminal convictions and criminal matters are appealable to the one New Mexico Court of Appeals and/or the New Mexico Supreme Court.

New Mexico also has a small claims court or Magistrate Court and Metropolitan Court System that are courts of limited jurisdiction that handle civil disputes of up to $10,000 and misdemeanor criminal matters and appeals are to the State District Courts.

An Administrative Office of the Courts (AOC) has been established and is funded by the New Mexico legislature to enable the courts to accomplish their mission by ensuring that the courts have adequate, equitable distributed resources. The AOC ensures that the courts have and use current technology and it provides a statewide human resources system. The AOC is responsible for developing and implementing improved court processes and supporting the courts in their use. The AOC ensures sound financial, budgeting and procurement practices in the management of court resources.

https://www.nmcourts.gov/court-administration/administrative-office-of-the-courts-aoc/

GOVERNOR LUJAN GRISHAM ADVOCATED MANDATORY TREATMENT IN 2022 RELECTION CAMPAIGN

On September 30, 2022, the first debate between Democrat Governor Michelle Lujan Grisham and TV Weatherman personality Republican Mark Ronchetti. Dominating the debate were heated exchanges and disputes on such issues as abortion, crime, the criminal justice system, the economy and public education. Notwithstanding, both the Governor and Ronchetti found common ground on the issue of homelessness. Both said they would crack down on certain activities while expanding services to those willing to utilize them.

Governor Lujan Grisham for her part said she would push for legislation to restrict panhandling and criminal trespassing in the upcoming 2023 legislative session. She said at the time her administration was working to expand substance abuse treatment programs in the state but pointed out some homeless reject treatment options. Lujan Grisham had this to say about those homeless who refuse treatment options:

“We’re going to need to do a little tough love and that’s going to mean probably more options for mandatory treatment. … I plan to propose in the next legislative session restrictions on panhandling and trespass for this population.”

Lujan Grisham said during the debate that more than half of New Mexico’s homeless population are teenagers. Lujan Grisham spokeswoman Nora Meyers Sackett said the governor’s plan is a comprehensive approach to homelessness and said:

“These proposals will seek to build on the work the governor has done to invest in housing and improve and increase access to behavioral health services throughout New Mexico.”

SUBSTANCE ABUSE, MENTAL ILLNESS, HOMELESS BIG PART OF CRIMINAL JUSTICE SYSTEM

On May 22, 2023 the NM Legislative Finance Committee (LFC) released a report on the state’s homeless and the affordable housing shortage which included the preliminary estimates of the 2023 Point In Time (PIT) annual homeless count. The “Point in Time” (PIT) survey is conducted once a year to determine how many people experience homelessness on a given night in communities across New Mexico. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

According to the LFC Report on Homelessness and Affordable Housing, New Mexico’s homeless numbers increased 48% in 2023 going from upwards of 2,600 people to 3,842. The increase was driven by an increase in the unsheltered count with 780 more people in Albuquerque and 232 more in the rest of the state. About half the emergency shelter beds available were used indicating overall adequate bed numbers statewide. However, shelter accessibility was reported as significantly lowering utilization rates because some individual emergency shelters are full while others are extremely hard to reach.

According to the LFC report the causes of homelessness points to many risk factors representative of vulnerable situations and populations. The following 7 risk factors for homelessness and housing insecurity were identified:

BEHAVIORAL HEALTH: Over 1-in-5 adults in New Mexico have a mental illness. Nearly 1 in 5 youths had a major depressive episode in the last year. New Mexico ranks 29th for adult mental health disorders and 17th youth mental health disorders in the country.

SUBSTANCE ABUSE: On average, every day five New Mexicans die of alcohol-related causes, and nearly three die from a drug overdose. New Mexico ranks 1st alcohol-related deaths and 2nd in drug overdose deaths in the country.

POVERTY: Nearly 1-in-5 New Mexicans live below the federal poverty line. New Mexico ranks 3^rd in the country in poverty

LABOR FORCE PARTICIPATION: In 2022, the labor force participation rate in New Mexico was 55%, compared to 62% nationally. New Mexico ranks 4^th in labor force participation.

PHYSICAL HEALTH: Nearly 1-in-10 adults in New Mexico have multiple chronic health conditions.

DOMESTIC VIOLENCE: In New Mexico, over 1-in-3 women experience domestic violence in their lifetime. Nearly 6,000 children suffered maltreatment in New Mexico in 2021. New Mexico ranks 26th in the country for domestic violence and 8th for child maltreatment.

INCARCERATION: New Mexico has a relatively low incarceration rate, with 203 individuals incarcerated per population of 100,000.

According to the LFC report, people experiencing unsheltered homelessness are more likely to exhibit multiple risk factors. These individuals tend to have higher service needs, tend to be more frequent users of community services, such as emergency room visits and inpatient and outpatient treatments, and require more acute care.

The Point In Time data breakdown for the unsheltered for the years 2009 to 2022 reports 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse for a staggering 89% combined total. When it comes to the homeless in Albuquerque, 30.19% of the homeless self-reported as having a serious mental illness and 25.5% self-reported as substance abusers.

There is an overlap with homeless suffering both mental illness and substance abuse. In other words, a whopping 55.69% combined total of those surveyed self-reported as having a serious mental illness or were substance abusers. When it comes to the balance of the state homeless numbers, 43% were identified as adults with serious mental illness and 40% were identified as adults with substance use disorders or a staggering 83% combined figure.

The link to the entire 2023 PIT survey is here:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

COMMENTARY AND ANALYSIS

The enactment of a new version of Senate Bill 16 in a Special Session of the legislature for Public Safety would be a good first start in dealing with the state’s drug addiction and mental health crisis. Any Special Session called by the Governor for public safety should include the statewide expansion of the existing Second Judicial District Mental Health Court to include mental health commitment hearings by district attorneys and public defenders.

Much more can and must be done. There is a critical need for a civil mental health and drug commitment court for the homeless suffering from mental illness and/or drug addiction and who pose a threat to themselves, their family or to the general public. Such courts do in fact exist in the other parts of the country and have proven to be highly successful.

The existing Second Judicial District Mental Health Court program is 100% voluntary, and is an alternative to the standard judicial process and that should be changed. It should be made mandatory to function as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration.

CREATE A 14^TH JUDICIAL DISTRICT MENTAL HEALTH TREATMENT COURT

Warehousing the mentally ill or drug addicted in jails for crimes committed is not the answer and does not address treatment and the court’s must be looked to as part of the solution.

Governor Michelle Lujan Grisham and the New Mexico Legislature need to proceed with a Special Session of the legislature for public safety, but the primary emphasis should be the creation of a new 14^th Judicial District Court with 3 separate regional divisions one located in Albuquerque, one in Las Cruces and one in Las Vegas, New Mexico with the creation of at least 3 District Court Judge positions with 6 year terms appointed by the New Mexico Supreme Court. Appointment by the Supreme Court would ensure rapid filling of the new positions and take the elective partisan politics out of the process. The Administrative Offices of the Courts must play a pivotal role in setting up the new court process, including locating the new Mental Health Treatment Court in existing court houses in all 3 locations.

Governor Michelle Lujan Grisham and the legislature should seek to designate the 14^th Judicial District Court a specialty “Mental Health Treatment Court” functioning as outreach and treatment court for the drug addicted and the mentally ill in a hospital or counseling setting and not involving jail incarceration. The existing Second Judicial District Mental Health Court would be consolidated into the Albuquerque District Mental Health Treatment Court.

There is an even bigger need for the construction and staffing of a mental health facilities or hospitals to provide the services needed to the mentally ill or drug addicted. As it stands now, there exists less than adequate facilities where patients can be referred to for civil mental health commitments and treatment. There is glaring need for a behavioral health hospital and drug rehabilitation treatment facility. The Bernalillo County Behavioral Health Center and the Las Vegas Mental Health hospital could be expanded to accommodate for court referrals and a new behavioral health facility could be constructed in Las Cruces to handle mental health commitment and treatment.

New Mexico is currently experiencing historical surplus revenues and this past legislative session the legislature had an astonishing $3.6 Billion in surplus revenue. Now is the time to create a statewide Mental Health Court and dedicate funding for the construction of behavioral health hospital and drug rehabilitation treatment facilities the courts can rely upon for referrals.

Creation of a new court system must include funding for District Attorneys and Public Defenders with dedicated personnel resources for the filing and defending of civil mental health commitments as prescribed by law.

A statewide mental health court with mandatory civil commitments will get treatment to those who need it the most, help get the unhoused off the streets and help families with loved ones who resist any mental health treatment.

Vote of No Confidence And Resolution To Remove APD Chief Harold Medina Withdrawn; APD Crash Review Board Votes Unanimously That February 17 Medina Crash “Non-Preventable”; Internal Affairs Investigation Of Medina Continues; COMMENTARY: Crash Review Board’s Vote Of “Non-Preventable” Smacks Of APD Coverup; Outside Agency Needs To Investigate

Posted on April 5, 2024 by

At the April 3 Albuquerque City Council meeting, Westside Democrat City Councilor Louie Sanchez moved to withdraw his Resolution calling for a “no confidence” vote in Chief Harold Medina and removing him as APD Chief of Police. The withdrawn Resolution identifies numerous and specific instance of mismanagement of APD by Chief Harold Medina. It mentions the ongoing federal investigation of the APD DWI Unit and the bribery and conspiracy scheme with a prominent criminal defense attorney.

During the debate on the Resolution, City Councilor Louie Sanchez said this:

“I don’t have confidence that Medina can slow down the drug trafficking in Albuquerque, because he hasn’t. These are over two years. I don’t have confidence in Medina’s subordinates will investigate his accident with total 100-percent transparency… because they work for him.”

Initially, Sanchez moved that the council defer the vote on the Resolution for 2 weeks to allow him to include information presented during the meeting, but the Council voted 5-4 not defer the resolution. Whereupon Sanchez moved to withdraw the Resolution in its entirety and the city council then voted unanimously 9-0 in favor of the withdrawal of the Resolution. Sanchez said this about the withdrawal:

“I know we as city councilors have a lot of other questions that in my opinion have come up. What I heard [during this meeting] is that this needs a little bit more work. … I’m going to withdraw [the Resolution] at this time and work on it a little bit more. Based on that I would like to move that we differ this bill and try to get some of those questions answered.”

After Sanchez made the motion, city councilors shared their thoughts before the vote.

Councilor Nichole Rogers said this:

“Chief Medina is not an elected official, he is an employee of the city. … My H.R. [Human Resources] background says we should have a process by which we can evaluate the department and his leadership.” Roger’s comments reflects a level of ignorance or lack of understanding. Roger’s does not understand that the Resolution is the very process used for evaluation and for removal of a Chief of Police who is an “at will employee” and can be terminated without cause and for whatever reason the Mayor or the City Council decides on. An example is when Mayor Tim Keller abruptly terminated former APD Chief Michael Geier and then appointed then Deputy Chief Harold Medina.

Councilor Klarissa Peña said this:

“This resolution is in front of us and it is very serious. Right now I feel like what we are doing is making a decision based on public outcry, public comment and not really based in fact.” The Resolution is reality based and enumerates numerous incidents of Medina’s mismanagement that are factual. Medina has admitted to violating numerous standard operating procedures during a car crash he caused on February 17.

The city council did not kill the Resolution. The withdrawal allows it to be substituted or reintroduced and enacted by the city council at a later date. The Internal Affairs Investigation continues of APD Chief Harold Medina and his February 17 crash that he has admitted to causing.

Chief Medina drew extensive scrutiny from the City Council after news broke of an FBI investigation into 5 APD officers working in the DWI unit. More than 190 DWI cases were dismissed by District Attorney Sam Bregman because of the scandal and all five APD officers have now resigned after being placed on administrative leave pending an APD Internal Affairs Division inquiry.

The City Council raised more questions about Chief Medina’s leadership after he was involved in a February 17 car crash. On February 17 Chief Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller. Medina stopped to report a homeless encampment and Medina and his wife witnessed a nearby scuffle with one gunshot fired.

When Medina fled the scene, he drove into an intersection on Central and crashed into another car, injuring its driver who was taken to the hospital in critical condition. The driver of the other vehicle sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and underwent 7 hours of surgery for his injuries. Medina’s drug and alcohol tests came back negative.

SUPERINTENDENT OF POLICE REFORM GIVES COUNCIL REPORT ON MEDINA FEBRUARY 17 CRASH

At the very beginning of the April 3 city council meeting Superintendent of Police Reform Eric Garcia gave an update on the Internal Affairs investigation of Chief Medina and his February 17 crash. Garcia said he could not provide specific details about the investigation because it is confidential but said “we are including two additional complaints that were filed with the CPOA (Civilian Police Oversight Agency).”

Garcia said the investigation process was approved by the U.S. Department of Justice. Currently APD Internal Affairs investigators are reviewing all evidence, including recordings captured by body-recording devices and surveillance video and identifying witnesses. Garcia said investigators will compile questions for witnesses and interviews of all witnesses will be conducted and afterwards Chief Medina will be interviewed and a final report will be made.

Superintendent of Police Reform Eric Garcia revealed to the city council for the first time that APD’s Fatal Crash unit, which is different from the APD Crash Review Board, conducted an investigation and prepared a final report that was forwarded to the Crash Review Board. The report concluded that while Chief Medina “did enter an intersection failing to obey the traffic control devise (sic) without activating his emergency lights and sirens … resulting in a vehicle crash causing injury” the car crash was “non preventable”. APD has decided not pursue criminal charges against Medina.

The conclusion that the crash was “non preventable” cited a court case that established “injury caused by mere negligence, not amounting to a reckless, willful and wanton disregard of consequences, cannot be made the basis of a criminal action.” The conclusion is a very warped interpretation of the case being use to deflect holding Medina responsible for his action and the personal injury he inflicted to the other driver.

It was also reported that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” Superintendent of Police Reform Eric Garcia said the final report on Medina will be forwarded to the Bernalillo County District Attorney. A news release sent out later said Garcia would formally request the DOJ independent monitor, James Ginger, evaluate the casework done by Internal Affairs.

The APD Crash Review Board consists of 4 APD Officers and 1 Civilian appointed by Chief Medina. The Commander over APD Traffic is Benito Martinez who was promoted by Chief Medina to Commander. Martinez is the chairman of the APD Crash Review Board and is considered very loyal to Chief Medina.

Superintendent of Police Reform Eric Garcia advised the council he could not provide any specific grounds for the ruling by the Crash Review Board that the crash was “non-preventable” because such finding are not required for “non-preventable” accidents. Garcia said specific findings and grounds are only required with the finding of a “preventable accident.” Notwithstanding, Garcia told the council he would provide the notes of the APD crash review board that reports on their deliberations and rationale.

At the City Council meeting, Chief Administrative Officer Samantha Sengel said she would ask former Judge Victor Valdez, the City’s Internal Monitor, to review the full investigation and full case file when ready.

Links to quoted news sourced are here:

https://www.kob.com/new-mexico/city-councilors-withdraw-vote-of-no-confidence-in-apd-police-chief/

https://www.krqe.com/news/politics-government/no-confidence-vote-for-apd-chief-expected-at-albuquerque-city-council-meeting/

https://www.koat.com/article/city-councilor-withdraws-motion-for-vote-of-no-confidence-in-police-chief/60389618

https://www.abqjournal.com/news/no-confidence-vote-for-apd-chief-medina-withdrawn/article_360022f6-f22d-11ee-a00a-b7f7c1b171b6.html#tncms-source=home-featured-7-block

CRASH REVIEW BOARD DETERMINES PREVENTABLE CRASH VERSUS NON-PREVENTABLE CRASH FOR DEPARTMENT ISSUED VEHICLES

It is 2-50 of APD’s Standard Operating Procedures that creates the Crash Review Board. The purpose of the Crash Review Board (CRB) is to review and classify all Albuquerque Police Department-issued vehicle crashes as preventable or non-preventable. The CRB reviews all preventable crashes for cause analysis to prevent similar types of crashes in the future

Section 2-50-3 of APD’s Standard Operating procedures that defines a crash as “An unintended event resulting in injury or damage involving one (1) or more motor vehicles as defined by the National Highway Traffic Safety Administration (NHTSA) and defines a Non-Crash as Damage caused by an intentional act that is not a crash, under normal driving conditions, which strikes a motor vehicle likely to cause damage this includes, but is not limited to a Pursuit Intervention (PIT) maneuver.”

Section 2-50-3 C of APD’s Standard Operating procedures defines a “Non-Preventable” crash as “A crash that involved a motor vehicle that could not have been averted by an act, or failure to act, by the driver when the driver exercised normal judgment and foresight and was unable to avoid it or which steps would have risked causing another kind of mishap.”

Section 2-50-3 D of APD’s Standard Operating procedures defines a “Preventable Crash” as “A crash in which the driver failed to do everything that reasonably could have been done to avoid the crash, and if a driver, who exercises normal judgment and foresight could have foreseen the possibility of the crash, and avoided it by taking steps within their control which would not have risked causing another kind of mishap.”

SURVEILLANCE VIDEO OF CHIEF MEDINA’S CRASH REVEALS CRASH WAS PREVENTABLE

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 and he gave his version of what happened and what lead up to the crash. 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.”

Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, a released surveillance video shows it was not clear at all and there was oncoming traffic. 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 that the intersection was not clear as Medina proclaimed when Medina ran the red light. 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 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.

Medina’s truck drives into oncoming westbound traffic, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates quickly across the two west bound lanes of Central and crashes into the classic Mustang headed east. The man who allegedly fired the gun appeared to watch the crash unfold before running down the sidewalk.

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 and rolled east for a distance before coming to rest, facing west, in the eastbound lane.

COMMENTARY AND ANALYSIS

It is downright obscene and an insult to the general public’s intelligence that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” Medina could have avoided the entire crash by simply stopping at Central, or turning right to go West on Central, as opposed to flooring gas of his vehicle to go forward going South and attempting to turn left to go East on Central. This would also had the immediate affect of driving his vehicle out of the line of fire with a business building providing an extent of obstruction.

Chief Medina 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. 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.”

Any other APD officer involved in such a crash they are the cause of injuring another would have been charged and immediately and placed on administrative leave pending a full investigation, but not Chief Medina.

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. Chief Medina has admitted that he did not have his body camera on. 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.

The surveillance 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 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.

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.

In 2017, a police officer was rushing with lights and sirens to a call of a man armed with a machete when a car pulled out in front of him. The person driving that car died in the crash. The city fired the officer and paid more than $3 million in a civil suit.

Air Force vet Ashley Browder was killed when another Albuquerque police officer ran a red light on the west side crashing into her vehicle. The city paid more than $8 million to her family and the officer went to jail.

https://www.koat.com/article/albuquerque-police-chief-ran-red-light-crash/60032664

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

The APD Crash Review Board voting unanimously to deem Medina’s crash “non-preventable” amounts to nothing more than a cover up of a preventable accident in order to give APD Chief a defense to the charge of reckless driving. It is likely that in any civil lawsuit filed for personal injury by the other driver who was injured, the city will use the finding that the accident was “non-preventable” to shift blame and argue the crash was the result of the other driver’s negligence. The fact that the board is chaired by one of the Chief’s cronies and members are officer’s subject to Medinas command reflects a level of biasness. It is reflects that APD is unable to police itself and that and outside agency needs to investigate.

Chief Medina’s actions of February 17, his violations of APD Standard Operating Procedure and the crash that he has admitted to causing standing alone are sufficient grounds for the City Council to remove him as Chief. 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. The City Council should move immediately to remove Chief Harold Medina sooner rather than later given Mayor Tim Keller’s blind loyalty to a police chief he is not willing to remove for cause and his failed leadership of APD.

Albuquerque City Councilor Louie Sanchez needs to amend his Resolution To Remove Chief Medina and add greater more detail on Medina’s mismanagement of APD and also include details of the February 17 crash Medina caused. Perhaps then the Albuquerque City Council will fully realize that Chief Medina needs to be terminated.

APD Lapel Camera Video Footage Released From February 17 Chief Medina Crash; Reveals APD Failed To Follow Standard Operating Procedures With Medina Given Preferential Treatment By APD; Failure To Follow SOP Dealing With Crashes Involving Department Vehicles; Medina Orders Mandatory Attendance Of APD Sworn To Oppose City Council Vote Of No Confidence

Posted on April 3, 2024 by

On February 17 APD Chief Harold Medina and his wife were in a city 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. He made the stop having not logged into APD radio dispatch, without engaging his emergency warning equipment and without activating his label camera as required by standard operating procedures. 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 from the scene driving through a red light saying there was no oncoming traffic which was proven false by a surveillance video.

Driving through oncoming traffic, Medina drove South through 3 lanes of traffic on Central and T-boned a gold colored 1966 Ford Mustang. Todd Perchert, 55, has been identified as the driver of the 1966 Ford Mustang. Perchert called for medical assistance himself and was then taken to the hospital in critical condition. Perchert sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and underwent 7 hours of surgery for his injuries. Neither Medina nor his wife sustained any serious injury. The gold mustang was 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.

APD RELEASES HOURS OF LAPEL CAMERA VIDEO

On Friday, March 29, the Albuquerque Police Department released hours of lapel camera footage from the February 17 morning Chief Harold Medina ran a red light and crashed into Todd Perchert. The videos reflect degree of sure chaos after the crash as medical first responders and APD responded to the auto crash. Video shows one officer checking on the driver, Todd Perchert, a group collecting video showing the alleged shooter, and even Chief Medina directing officers to witnesses.

Video shows two people helping Perchert seconds before first responders arrived on scene. Other video shows witnesses at the scene describing the alleged shooter who is seen running across Central right after the shooting.

One video shows Medina pointing out where a shell casing is on the ground. Videos later show a crime scene investigator picking up that casing, all while another group of officers go door to door at nearby businesses looking for area business surveillance video.

APD also released surveillance video showing the suspect running away from the scene and pictures of the truck they believe he was driving. A video shows that suspect talking with the person he allegedly shot at, and putting a gun in his pants before walking toward the shooting location. People have called with tips about that man, but APD officials say they’re still looking for the suspect.

APD officials have said they put the new images of the suspect and his truck out to officers but he has yet to be identified and located. APD has asked if anyone recognizes him to please contact Crime Stoppers at 505-843-STOP.

https://www.kob.com/new-mexico/lapel-camera-shows-aftermath-of-crash-involving-apd-chief/

LAPEL CAMERA VIDEO OF MEDINA TALKING TO SUBORDINATES AS IF HE WERE IN CHARGE OF SCENE

APD lapel camera video shows APD Chief Harold Medina was treated substantially different than private citizens in similar situations by APD officers who respond to crashes and some officers knew it. Police lapel videos shows APD officers who responded to the crash involving Medina went out of their way to report Chief Medina’s version of what he claimed happened. The Chief says he and his wife were in an unmarked car next to where a fight broke out. After seeing a gun, Medina says he sped off to avoid being in the line of fire when he hit and seriously injured a man in his 1966 Mustang.

Narratives revealed in the lapel camera videos include the following explanations provided by the officers on their lapel camera videos:

APD Officer: “Chief was here parked on the north side of Central and Alvarado.”

APD Officer: “Chief is at the line of fire, so he gets out of there.”

After the crash, video shows Medina not segregated from the scene and talking with police officers. One conversation between Medina and an APD Officer is as follows:

APD Officer: “How you doing, sir?”

Chief Medina: “I was more worried about my poor wife. She never comes to press conferences on Saturday, so just come with me, and I’ll take you to breakfast afterward, and she’s all like, ‘some breakfast, buddy.’”

As the conversations progressed, Medina continued recounting what happened, pointing out a single bullet casing near where he witnessed a fight.

Chief Medina: “Yeah, I’m glad we found the shell casing; nobody ran it over.”
APD Officer: “Yeah, at least one.”
Chief Medina: “No, I only heard one shot.”

The lapel videos reflect that APD Chief Medina, both a witness to a crime and a driver involved in a car crash, was allowed to freely roam the crime scene. Medina not only described the situation to officers but, dictated how to handle it and pointed detectives in the direction of where he thought one of the two men in the fight may have gone.

Chief Medina: “They are just going to have detectives interview me.”

Chief Medina: “He went, and he told me ‘I’m not hit,’ and I thought he had gotten shot. There’s no way he missed; it was like from me to you.”

One officer made it clear that this was an unusual situation.

APD Officer: “Hey sir, so.. I know this is weird now, but I had two officers at Central and Penn are you…”
Chief Medina: “No.”
APD Officer: “Can we disregard that?”
Chief Medina: “I think we can disregard that for now.”

An Albuquerque Police spokesperson clarified that the conversation between Chief Medina and the APD officer about “Central and Penn” was in reference to preparation for a news conference that Chief Medina had initially intended to go to.

APD says the “two officers” were placed near the intersection of Central and Pennsylvania, miles away from the crash scene, in preparation for a City of Albuquerque news conference that was canceled due to the Chief’s involvement in the crash.

APD says the crash is still under internal investigation.

https://www.krqe.com/news/albuquerque-metro/video-shows-aftermath-of-crash-involving-albuquerque-police-chief/

https://www.koat.com/article/video-albuquerque-police-harold-medina-crash/60345543

APD STANDARD OPERATING PROCEDURE DEALING WITH “CRASHES INVOLVING DEPARTMENT ISSUED VEHICLES”

It is Section 2-47-4 of APD’s Standard Operating Procedures (SOP) that outlines in great detail the general procedures that must be followed by APD police officers who are involved in vehicle crashes. The SOP is entitled “Crashes that Involving department-isssued vehicles and department personnel”. An in depth review of 2-47-6 is in order to understand fully the extent to which the SOP was not followed by APD.

The applicable and edited provisions of the SOP states:

2-47-1 Purpose

The purpose of this policy is to outline the standards for the investigation and documentation of all crashes involving Albuquerque Police Department (Department) issued vehicles.

2-47-2 Policy

It is the policy of the Department to create and enforce standards for Department personnel who are involved in or are investigating motor vehicle crashes involving Department-issued vehicles.

2-47-3 A. Crash [Defined]

The negligent touching or scraping of a vehicle against another vehicle, bicycle, person, or other object resulting in injury or damage.

2-47-4 Procedures

A. General Procedures for Crashes that Involve Department-Issued Vehicles

Department personnel who are Involved in the crash shall:

a. Request Albuquerque Fire Rescue (AFR) for any injuries;

b Secure the scene to prevent further damage;

c. Preserve evidence;

d. Request that an on-duty supervisor respond to the scene of the crash;

e. 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;

f. 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

g. Request for a supervisor, a Crime Scene Specialist (CSS), or a Police Service Aide (PSA) to photograph the crash.

i. Photographs shall include close-ups, mid-ranges, and the overall scene.

ii. Photographs shall be tagged into evidence as outlined in SOP Collection, Submission, and Disposition of Evidence and Property …

iii. Supervisors with Axon training may take the photographs for non-injury crash investigations.

2. 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;

EDITOR’S NOTE: Sections d, e, f, g, h dealing with documentation and examination of vehicles have been determined not to be germane to the herein discussion and deleted for the sake of brevity.

3. The on-scene supervisor or investigating officer may allow the involved vehicles to be moved if they impede the safe flow of traffic.

a. 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.

EDITOR’S NOTE: Sections 4, 5 and 6 dealing with operations review and documents generated have been determined not to be germane to the herein discussion and deleted for the sake of brevity.

Metro Traffic Division personnel shall:

a. While on duty, respond to all Department-issued vehicle crashes and crashes resulting from a high-speed pursuit to which they are dispatched;

b. While on duty, respond to all crashes with injuries that involve Department-issued vehicles, if available, as outlined in SOP Response to Traffic Crashes … .

c. While on-call, respond to a crash when directed by the Metro Traffic Division on-call supervisor.

B. Procedures for a Damaged Tire and/or Rim

EDITOR’S NOTE: This section has been determined not to be germane to the herein discussion and deleted for the sake of brevity.

C. Procedures for Crashes that Occurred Outside the Department’s Jurisdiction

EDITOR’S NOTE: This section has been determined not to be germane and deleted for the sake of brevity.

D. Procedures for Crashes Involving Possible Vehicle Malfunctions

EDITOR’S NOTE: This section has been determined not to be germane to the herein discussion and deleted for the sake of brevity.

E. Procedures for Crashes that Involve Cases of Suspected Driving While Under the Influence (DWI)

Involved Department personnel shall submit to a post-crash drug/alcohol test when they are involved in a traffic crash, and one (1) or more of the following exists:

a. A fatality occurs;

b. There are injuries that cause any person to receive emergency medical treatment away from the scene of the crash;

c. One (1) or more vehicles incur disabling damage as a result of the crash and are transported from the scene by a tow truck or another vehicle; or

d. The on-scene supervisor has reasonable suspicion to believe the involved Department employee was under the influence of drugs and/or alcohol at the time of the crash.

EDITORS NOTE: Chief Medina claims he submitted to a post-crash drug/alcohol test but it has not been reported when and where after the crash.

2. Involved Department personnel must be readily available for testing and notify the on-scene supervisor of their location if they leave the scene before submitting to the test.

a. If a supervisor is not notified when the involved Department employee leaves the scene, they may be found to have refused to submit to the test.

b. Nothing in this section shall be construed to prohibit or delay involved Department personnel from receiving emergency care.

3. Involved Department personnel shall be placed on administrative leave with pay only if they are selected for a reasonable suspicion test until the test results are available. Results shall be available within twenty-four (24) hours.

a. Refusal to submit to a drug and/or alcohol test shall be considered a positive test result and a direct act of insubordination and shall result in termination.

b. If the involved Department employee submits a sample for a post-accident drug and/or alcohol test that is determined to be a verified positive test result, they shall be terminated.

c. administrative test results are confidential and cannot be used against the involved Department employee if criminal charges are filed.

The on-scene supervisor shall:

a. Complete the City of Albuquerque Substance Abuse Program Post-Accident Decision Making Form;

b. Conduct post-accident drug/alcohol testing in accordance with the City’s Substance Abuse Policy … of the City of Albuquerque Personnel Rules and Regulations, in addition to standard DWI testing, if applicable;

c. For post-accident testing requirements:

i. Ensure that the involved Department employee is tested for drugs and/or alcohol, preferably within two (2) hours of the accident. If this cannot be completed, the on-scene supervisor shall document this in the City of Albuquerque Substance Abuse Program APD Post-Accident Decision Making Form and shall have the involved Department employee tested within eight (8) hours of the accident.

Drug testing may be completed up to thirty-two (32) hours of the accident, after which time, a post-accident drug/alcohol test is no longer feasible.
Consistent with the City’s Personnel Rules and Regulations, Part I, Section 1100, alcohol testing shall be performed as soon as practicable and within eight (8) hours of the accident, after which time a post-accident drug/alcohol test is no longer feasible.

d. Notify the on-call IAPS Division investigator if an accident results in serious injuries requiring medical attention and/or a fatality.

f. Repairs of Department-Issued Police Vehicles that have been involved in a crash.

EDITOR’S NOTE: This section has been determined not to be germane and deleted for the sake of brevity.

The link to review the entire unedited Section is here:

https://public.powerdms.com/COA/tree/documents/42

SUPERINTENDENT OF POLICE REFORM OPENS INTERNAL AFFAIRS INVESTIGATION

On Monday, February 19, the Albuquerque Police Department announced the Office of the Superintendent of Police Reform opened and Internal Affairs Investigation to review if Medina violated any APD standard operating procedures. An investigation by APD’s specialized Motors Unit was also announced for a more in-depth investigation of the car crash. The APD Motors Unit is called out to the most severe crashes while minor crashes are investigated by field officers. APD Spokesman Gilbert Gallegos said this:

“As a result of this whole incident, we do have our motors unit out conducting an investigation. We do have our impact detectives who’ve come out to interview the chief, otherwise, he would be here to give information on this, but he wanted to do the interview with the detectives first.”

https://www.krqe.com/news/apd-launching-internal-investigation-on-crash-involving-chief-final-review-will-be-conducted-by-city/

MEDINA ORDERS MANDATORY ATTENDANCE MEETINGS OF ALL APD SWORN TO DENOUNCE CITY COUNCIL’S EFFORTS TO REMOVE HIM

Confidential sources within APD have confirmed that APD Chief Medina ordered all APD sworn and civilian staff to attend personnel meetings without an announced agenda. Confidential APD sources have said at least 4 such meetings have been held where Chief Medina has spoken to officers and department civilian employees with his command staff present for one hour or more. During his remarks, Medina admits he was at fault for the February 17 accident. Medina goes on to discuss all that has been accomplished during his tenure as Chief and in particular what has been accomplished with the Department of Justice reforms. After the conclusion of his remarks, Medina opens it up for questions and there have been none.

During the meetings, Medina has made remarks that are highly critical of the city councils attempts to remove him as Chief. He tells the assembled officers and civilian employees and makes it very clear he has no intent of going anywhere and will remain chief. Sources have also confirmed that Medina refers to himself in the third person and attacks his critics, at times individually by name, and says the person “does not like Chief”. Medina goes so far as to say he intends to remain as Chief until December 2025 when Mayor Tim Keller’s second term ends.

COMMENTARY AND ANALYSIS

There is little doubt that Chief Medina’s mandatory attendance meetings by APD personnel to assail any effort to remove him as chief by the city council is politically motivated. It is designed to inflame rank and file police officers and civilian staff as he attempts to hold on to his job as Chief. Chief Medina’s mandatory meetings are an an abuse of power to lobby subordinates to support him and to oppose the city council efforts to remove him for cause and failed leadership.

Based on all the news accounts, review of the APD label camera videos, the statements made by both Chief Medina and victim Todd Perchert, it is painfully obvious that after the February 17 crash all the requirements, spirit and intent of the “General Procedures for Crashes that Involve Department-Issued Vehicles” mandated for department personnel who are involved in a crash were not followed by Chief Medina or simply ignored by APD.

It is questionable that APD announced two days after the car crash that the office of Superintendent of Police Reform opened an Internal Affairs investigation on APD Chief Medina. The Superintendent is a former Deputy Chief under Medina and he has loyalty to Chief Medina. It is not the Superintendent’s responsibility to do such investigations but the Superintendent’s responsibility is primarily to review completed “use of force” and “deadly force cases” investigations pursuant to the Federal Court Approved Settlement agreement.

It is very questionable that that an investigation with APD’s specialized motors unit was ordered for a “more in-depth” investigation. APD Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”. The SOP mandates an elaborate process and procedures that must be followed for crashes involving department issued vehicles such as Medina’s crash.

The procedures that should have been followed under 2-47 on the very day of incident include the designation or the request that an on-duty supervisor from the Metro Traffic Division respond and take charge to the scene of the crash, call out of Critical Incident Unit to take charge of the scene, requesting the Albuquerque Fire Rescue (AFR) to assist with injuries, the securing of the scene to prevent further damage, the gathering and preservation of evidence by the crime scene investigations unit and the gathering of evidence, taking of photographs and witness statements is also mandated on the day of the incident.

The specialized unit investigation should have been ordered the very day of the Chief’s crash as required before the scene was cleared and the vehicles removed. Ostensibly, that was never done and no statements were taken including that of Chief Medina nor of Todd Perchert until days after the crash. Its likely forensic evidence has now been compromised that would have allowed an accurate forensic accident reconstruction report.

PREFERENCIAL TREATMENT

Simply put, the released APD lapel camera videos reveal that APD Chief Harold Medina was handled with “kid gloves”. Medina was given preferential treatment in the handling of the investigation immediately after the car crash. It is truly amazing that Chief Medina was not immediately segregated for an interview and his statement taken that day. Instead, Medina was allowed to meet with Mayor Keller who then did a press conference on the incident.

MAYOR KELLER’S PRESS CONFERENCE

On February 17 during a news conference soon after the crash, Mayor Tim Keller reacted to the car crash by heaping highly questionable praises on Chief Medina and not even mentioning victim of the car crash Todd Perchert 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. … Whether it’s our city or the individuals that he helped or potentially the lives that he saved because of the shooting that was happening, we all owe him a debt of gratitude today.”

On March 27 Todd Perchert and his wife Danielle said in a press conference of their own they were very upset to see Keller praising Medina directly after the crash in a press conference. Danielle Perchert noted how Medina and Keller could be seen “smiling and hugging at the scene” in one news report and, at some point, two officers could be seen opening the hood of the classic Mustang “checking out the engine like they were at a car show. … I couldn’t believe what I was seeing and hearing.”

MEDINA NOT SEGREGATED AT SCENE AND ROAMS FREE WITHOUT BEING CHARGED

It was not until days later that Medina’s statement was taken by Internal Affairs. Medina was both a witness to a crime and one of the drivers involved in a car crash, and he claims to be a victim of a crime, yet he was allowed to freely roam the crime scene after the accident. Medina appears to have taken charge of the scene and dictated to officers what was to be done, what evidence needed to be collected and how and when he was to be interviewed.

Medina has yet to be cited for any offense. The surveillance video of the crash and his admissions support the charge of “reckless driving.” It is Section 66-8-113 of New Mexico law that defines and prohibits Reckless Driving and states:

Reckless driving is defined under New Mexico law as “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.”

Chief Medina claims he “did call out, I did submit to a drug test, as any officer would” but he has not disclosed when or where and if the test was done within 2 hours after the accident as required by standard operating procedures. It has also been disclosed that Chief Medina gave a statement, but it was done days later.

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Medina admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures and a violation of state law. Chief Medina failed to comply with state 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.”

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following specific 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

Thanks to Mayor Keller, 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.

https://www.koat.com/article/albuquerque-police-chief-ran-red-light-crash/60032664

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

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. The City Council should move immediately to remove Chief Harold Medina sooner rather than later given Mayor Tim Keller’s blind loyalty to a police chief he is not willing to remove for cause.

___________________________________________________________________

POSTSCRIPT

Following is Chief Medina’s and Todd Perhert’s version of the February 17 car crash and a report on the surveillance video of the February 17 car crash:

CHIEF MEDINA GIVES HIS VERSION OF ACCIDENT AND DECLARES TO BE VICTIM

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. 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 said this:

“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.”

Medina goes on to says this:

“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.”

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 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 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 essentially 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.

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 that the intersection was not clear as Medina proclaimed when Medina ran the red light.

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.

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.

Medina could have 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 had the immediate affect of driving the vehicle out of the line of fire with the motel building providing an extent of obstruction.

VICTIM OF CAR CRASH GIVES HIS VERSION OF ACCIDENT

On March 27, Todd Perchert, age 55, along with his wife and his attorney held a press conference to discuss the February 17 car crash and to give his version of what happened. Perchert said on Saturday, February 17, he was cruising down Route 66 in his family heirloom car, a gold 1966 Ford Mustang. His plan was to head from the Route 66 Diner to a Mustang Club meetup at the Atomic Museum, but he never made it. Perchert said this during the news conference:

“It was so fast I don’t think I had time to even brace for it. … As I approached the intersection of Central and Alvarado, I clearly recall seeing the green light before going through the intersection. Then all of a sudden, I saw a black truck come out of nowhere and slammed into me on the driver’s side. … The grille was mostly what I saw as I sat eye-level, and I remember the sound quite well.”

“As the car came to a stop, I saw a woman step toward me and said I should call 9-1-1 which I did. At this point, the pain hit me. I couldn’t sit up and just leaned over the center console. Another woman came over and said I was bleeding while trying to talk with the emergency operator on the phone, I couldn’t breathe making it difficult to talk. … I kept reiterating that I needed someone to call my wife who was out of town for work. At one point I looked down and realized even though everything in the car had flown all over the place, the bible I kept on the center console was what was propping up, it was squarely under my left hand, holding me up. That’s when I knew God was with me.

Perchert was crushed in the crash, and had to be dragged out of the passenger side of his car. On his left side, he sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung. Perchert said this:

“Titanium plates have been put on all but the two top ribs, which was a seven-hour surgery. … [I have] been in constant pain since the crash. … When I saw the actual video of the accident, I was like, surprised I came out with what I got. … I’ll have the metal in my chest for the rest of my life, so you know the bones could heal up…but any complications that could arise from that, I don’t know what’s going to happen.”

Danielle Perchert, Todd Perchert’s wife, said she was not in town at the time of the accident but on the East Coast for work as a first responder. She said she found out from police about her husband’s crash over the phone. In an very emotional interview, she had this blunt assessment of Chief Medina’s actions and a few choice words for Mayor Tim Keller:

“In my head, all I kept hearing was, ‘the police chief was running away, he was running away. He was running away. And my husband is injured because he was running away. … My husband’s injuries due to the chief’s reckless disregard for the lives and safety of others were secondary and blown off as if no concern by the APD spokesperson, and the mayor. To make things worse, the mayor praised the chief’s actions. That made me sick. … That behavior is not to be praised.”

The link to a related blog article is here:

On April 3 City Council Will Vote On Resolution Of No Confidence To Remove APD Chief Harold Medina; Attend Council Meeting Or Contact Your City Councilor And Tell Them To Vote YES To Remove APD Chief Harold Medina

On April 3 City Council Will Vote On Resolution Of No Confidence To Remove APD Chief Harold Medina; Attend Council Meeting Or Contact Your City Councilor And Tell Them To Vote YES To Remove APD Chief Harold Medina

Posted on April 2, 2024 by

On Wednesday, April 3, the Albuquerque City Council will be voting on a City Council Resolution to remove and terminate APD Chief Harold Medina for cause. The resolution is sponsored by Westside City Councilor Louie Sanchez. The Resolution was introduced on February 19. On March 12, the Resolution PASSED the City Council Finance and Government Operations Committee on a 3 to 2 vote and forwarded on to the full City Council for a final vote. Democrat Committee Chairman Louie Sanchez, Republican City Council President Dan Lewis and Republican City Councilor Dan Champine voting YES. Democrats City Councilor Klarissa Pena and Tammy Feibelkorn voted NO. Five YES votes are needed for the Resolution to pass on April 3. 6 Yes votes will be needed to override an expected veto by Mayor Tim Keller.

The WHEREAS recital provisions of the Resolution identify numerous and specific instance of mismanagement of APD by Chief Harold Medina as well as the ongoing federal investigation of the APD DWI Unit and the bribery and conspiracy scheme with a prominent criminal defense attorney. Absent from the resolution is any mention of the February 17 vehicle crash where Chief Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Keller and when they crashed into and totaled a 1966 Ford Mustang with the driver of the Mustang sent to the hospital in critical condition. Medina has admitted to numerous violations of standard operating procedures and has yet to be cited.

Following is the city council resolution as introduced:

RESOLUTION

REMOVING POLICE CHIEF HAROLD MEDINA FOR FAILURE TO LEAD THE ALBUQUERQUE POLICE DEPARTMENT

WHEREAS, Harold Medina is the Chief of the Albuquerque Police Department (“APD”); and

WHEREAS, when Medina was appointed to his position, it was due to the abrupt departure of the previous Chief; and

WHEREAS, effective leadership of the Albuquerque Police Department is critical to the safety and wellbeing of the residents of the City of Albuquerque; and

WHEREAS, a federal investigation into multiple APD officers has resulted in the dismissal of more than 150 active DWI cases; and

WHEREAS, this investigation appears to show unchecked corruption within the Department; and

WHEREAS, these allegations of widespread corrupt actions by APD officers undermines the confidence of the community in the entire department; and

WHEREAS, the profound lack of leadership, which allowed such corrupt activities to transpire, unfairly tarnishes the reputation of upstanding officers, who through no fault of their own are associated with this terrible behavior; and

WHEREAS, Medina’s mismanagement of the Albuquerque Police Department is evidenced by numerous tragedies and scandals, such as:

A police cadet was killed in a murder-suicide following reports of an affair taking place during her training at the police academy that APD was aware of;
An academy class where seasoned instructors were moved because the son of a deputy chief attending the academy faced termination for untruthfulness;
APD’s Gang Unit was all but dissolved along with critical units such as the Narcotics and Vice units;
Record numbers of officers have resigned or retired, leaving the Department dangerously shorthanded;
Increased officer terminations;
Increased officer-involved shootings at the highest number in decades, if not in APD’s history;
Increased response times for 911 calls with some callers holding for hours while hundreds more calls sit unanswered; and
The highest number of homicides in two recent years with at least 328 people murdered on the streets of the City; and
At least two lawsuits pending against the City and APD, each claiming the wrongful death of family members who suffered from mental illness.

WHEREAS, these tragedies reflect serious failures in leadership and an institution in dire need of intervention; and

WHEREAS, Medina’s conduct is inconsistent with the requirements of his position as Chief of Police and his responsibilities and obligations to the City and its residents; and

WHEREAS, Medina’s conduct threatens the public health, safety, and welfare of the people of the City of Albuquerque; and

WHEREAS, while the City Council has expressed concerns on numerous occasions about the leadership of the Department, there has been no apparent improvement in the administration of APD; and

WHEREAS, Pursuant to Article 5, Section 4(d)(1) of the Charter of the City of Albuquerque, “[t]he Police Chief . . . may be removed for cause by a vote of two-thirds of the entire membership of the Council.”; and

WHEREAS, Chief Harold Medina’s failure to lead the Albuquerque Police Department constitutes cause for removal.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

SECTION 1. Harold Medina is hereby removed from his position as Chief of the Albuquerque Police Department.

SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution.

The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.

EDITOR’S NOTE: The above Resolution is subject to possible additions, deletions, modifications and amendments as deemed necessary by its sponsor City Councilor Loui Sanchez and other city councilors and the city council as a whole.

CITY CHARTER PROVISIONS ON THE APPOINTMENT AND REMOVAL BY CITY COUNCIL OF CHIEF OF POLICE

It is article V. Section 4, of the Albuquerque City Charter which outlines the duties and responsibilities of the mayor and the appointment and the removal the Chief Administrative Officer, Deputy Administrative Officers, the Chief of Police, and the Fire Chief.

Section 4 of the City Charter entitled DUTIES OF THE MAYOR provides as follows .

“The Mayor shall:

Organize the executive branch of the city;

(b) Exercise administrative control and supervision over and appoint directors of all city departments, which appointments shall not require the advice or consent of the Council except as provided in (d) of this Section;

(c) Be responsible for the administration and protection of the merit system;

(d) With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, and the Fire Chief. Appointees requiring the advice and consent of the Council shall be presented to the Council for confirmation within 45 days after the Mayor takes office or after a vacant appointed position is filled. When an appointee is presented to and not confirmed by the Council, the Mayor shall, within 60 days thereafter, nominate another person to fill the position, and the Mayor may continue to nominate until confirmation;

1. The Police Chief or Fire Chief may be removed for cause by a vote of two-thirds of the entire membership of the Council.

The link to review the City Charter is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuqcharter/0-0-0-26

COMMENTARY AND ANALYSIS

The Resolution to remove and terminate Chief Medina is a natural extension and exercise of the Albuquerque City Council’s oversight authority over APD as well as the Chief of Police. The DWI dismissal and bribery scandal as well as Chief Medina’s February 17 car crash should be more than enough for the termination of Chief Harold Medina. However, the city council has thus far resisted twice any attempts to remove him and Mayor Tim Keller as expressed complete confidence in Medina and even praised his work in a news conference the day Medina and his wife were in a vehicle crash with another.

APD BRIBERY AND DWI DISMISSAL SCANDAL

On January 19 the FBI raided the homes of three APD police officers and the office DWI defense attorney Thomas Clear III who are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Five cops, including one lieutenant, have been implicated. District Attorney Sam Bregman ordered 198 DWI cases dismissed because of the scandal. No criminal charges have been filed and the FBI search warrants remain sealed.

The five APD officers who have been identified at the center of the federal investigation are:

APD LieutenantJustin Hunt
APD Police Officer Honorio Alba, Jr.
APD Police Officer Harvey Johnson
APD Police Officer Joshua Montano
APD Police Officer Nelson Ortiz

All 5 police officers have now resigned as the federal criminal investigation continues with indictments expected and others implicated.

Ever since the bribery scandal broke on January 19 with the execution of the search warrants, APD Chief Harold Medina has been in full “politcal spin cycle” mode of “pivot, deflect, take credit and lay blame”. Medina has blamed the District Attorney’s Office for not giving APD notice of officers failing to appear as well as blaming the Public Defender’s office for being aware of what attorney Clear was doing. Medina takes credit for the investigation and for taking action to hold people accountable for the corruption when it was in fact the federal investigation that forced his hand after he allowed the problem to fester.

It was sure arrogance by Chief Medina proclaiming that the city council was “out of line” for demanding information about the scandal and exercising their oversight authority. Chief Medina showed contempt and insubordination to the elected city council by calling out the 2 city councilors who are retired APD Police Officers saying they should know better and to not ask questions of the Chief on pending criminal investigations.

It was appalling when Mayor Keller accused the City Council of “unethical conduct” by saying “it’s marginally unethical for them to air these concerns” that may jeopardize the criminal investigation when the simply were asking for information they are entitled to have in order to carry out their oversight duties and responsibilities over APD.

Keller and Medina have made more than a few stunning admissions. They admit that the APD bribery and conspiracy scheme went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

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

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption.

Both Keller and Medina have looked the other way on documented corruption involving overtime pay abuses by APD police officers. There have been 7 audits in 8 years documenting the corruption, waste, fraud and abuse in police overtime.

APD’s reputation has been trashed to a major extent by the scandal. APD will be viewed by many as having another bastion of “dirty and corrupt cops” who have brought dishonor to their department and the department’s professed values of “Pride, Integrity, Fairness and Respect.”

The whole scandal places an ethical stain on the department that may never be removed. This is before any charges have been filed, before anyone is fired from APD and before we ever know who is responsible.

Chief Medina must bear significant responsibility and be held ultimately responsible for the scandal.

FEBRUARY 17 CRASH

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 single 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 which has been proven false by a surveillance video.

Driving through oncoming traffic, Medina drove South through 3 lanes of traffic on Central and T-Boned a gold colored 1966 Ford Mustang. The driver of the Mustang called for medical assistance himself and was then taken to the hospital in critical condition. The driver underwent 7 hours of surgery for his injuries. Neither Medina nor his wife sustained any serious injury. The Mustang was 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.

APD Chief Harold Medina has admitted that he did not have his body camera on in violation of state law. He has admitted that he ran a red light and T-boned another driver. Surveillance video shows Medina cutting in between two other vehicles in oncoming traffic before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on.

Surveillance 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 driver’s side of the Mustang that was traveling East on the South lanes of Central. The driver of the Mustand has been identified as Todd Perchert, 55, and he is lucky to be alive.

Medina admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures as well as a violation of state law. Chief Medina failed to comply with state statute by not having his body camera activated to record encounters with the public. There are serious consequences for Chief Medina’s failure to abide by the body camera 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.”

Medina has admitted he did not have police dispatch 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 (SOP) and state law. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following specific 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 of police 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.

It’s more likely than not that Chief Medina will not face any discipline by Mayor Tim Keller 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.”

As recently as Monday, March 25, Mayor Tim Keller was asked at a meeting of upwards 75 community, progressive activists known as “Indivisible Nob Hill” how can the public have any faith and confidence in APD after the scandal and why he has not fired Chief Harold Medina.

Keller’s defense of Medina was alarming and was unequivocal wherein he gave credit to Chief Medina for bringing down the city’s crime rates and progress in implementing the Department of Justice reforms under the Court Approved Settlement Agreement. Mayor Keller made no mention of the February 17 car crash and made it clear that he has no intention of taking any action to remove Chief Harold Medina expressing 100% confidence in Medina.

If it 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.

CONTACT CITY COUNCIL

The April 3 City Council meeting will be held in the Vincent E. Griego Council Chambers, basement level of the City of Albuquerque Government Center, 1 Civic Plaza NW, Albuquerque, New Mexico 87102. The meeting is open to the public. The meeting will begin at 5:00 p.m., and to speak during the meeting on the resolution during public comments, you must sign up beginning at 4:30 p.m.

Voters and residents are urged to attend the meeting or contact and voice their opinion and tell all city councilors and their city council service assistants to vote YES on the Resolution to remove Chief Harold Medina.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF EMAILS

lesanchez@cabq.gov

louiesanchez@allstate.com

bmaceachen@cabq.gov

joaquinbaca@cabq.gov

bacajoaquin9@gmail.com

palomagarcia@cabq.gov

Links to 3 related blog articles are here:

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

https://www.petedinelli.com/2024/02/05/abq-journal-guest-opinion-columns-mayor-keller-and-chief-medina-must-be-held-accountable-for-dwi-scandal-lack-of-leadership-has-ruined-moral-within-apd-will-city/

APD Officer Joshua Montaño Is 5TH APD Officer Implicated In DWI Dismissal-Bribery Scandal To Resign; Alleges “Generational” Corruption Approved By Supervisors; Montaños Hideous Shakedown Of Innocent Recalled; Makes No Apology To Public And Admits Resignation Done To Protect Accrued Sick, Vacation, Or Compensation Time; Feds Will Likely Use Resignation As Leverage

Trump Shares Video With Image Depicting Biden Tied Up In The Back Of A Pickup Truck; Trump Incites Violence Despite Gag Orders; Trump’s Extensive History Of Promoting Violence; Jail Trump Pending Criminal Trials Before Someone Gets Killed And Before Violent Assault On Court Houses

Posted on April 1, 2024 by

On March 30, the following news report written by staff reporter Megan Lebowitz with NBC News was published by NBC news:

“Former President Donald Trump shared a video on social media Friday that included an image of President Joe Biden bound and restrained in the back of a pickup truck.

The 20-second video, which Trump indicated was taken Thursday in Long Island, New York, shows a truck emblazoned with “Trump 2024” and a large picture depicting Biden tied up and lying on his side.

Trump was in Long Island Thursday for the wake of fallen NYPD officer Jonathan Diller.

When reached for comment on the image in the video, Trump campaign spokesperson Steven Cheung said, “That picture was on the back of a pick up truck that was traveling down the highway.” Cheung also accused “Democrats and crazed lunatics” of calling for violence against Trump and his family, arguing that “they are actually weaponizing the justice system against him.”

Cheung pointed to comments by Biden in 2018, before he declared his candidacy, when he said that if he and Trump were in high school he’d “take him behind the gym and beat the hell out of him” if he heard him demeaning women.

Biden campaign spokesman Michael Tyler slammed Trump for posting the video.

“This image from Donald Trump is the type of crap you post when you’re calling for a bloodbath or when you tell the Proud Boys to ‘stand back and stand by,'” Tyler said in a statement. “Trump is regularly inciting political violence and it’s time people take him seriously — just ask the Capitol Police officers who were attacked protecting our democracy on January 6.”

The White House referred questions about the video to the campaign.

Trump has previously used violent imagery and rhetoric, both in his 2024 presidential campaign and before.

On March 16, he vowed that there would be a “bloodbath” if he was not re-elected, while speaking about the economy. Last year, before his numerous indictments, Trump warned about “potential death and destruction” if he were to be charged in the Manhattan district attorney’s hush money case against him.

He al s o shared an article on Truth Social that had an image of him with a baseball bat near Manhattan District Attorney Alvin Bragg’s head. The post was deleted.

More recently, Trump used his Truth Social platform to go after Judge Juan Merchan, who is overseeing the hush money case, as well as the judge’s daughter after being hit with a partial gag order.

Trump faces four criminal indictments for charges related to allegations of election interference, mishandling classified documents and falsifying business records related to hush money payments. He has pleaded not guilty to all charges.”

The link to the quoted news story with photos is here:

https://www.nbcnews.com/politics/2024-election/trump-shares-image-depicting-biden-tied-back-pickup-truck-rcna145712

GAG ORDERS ALREADY ISSUED

On March 26, New York Judge Juan M. Merchan issued a gag order barring Donald Trump from commenting publicly about witnesses, prosecutors, court staff and jurors in his upcoming hush-money criminal trial, citing the former president’s history of “threatening, inflammatory, denigrating” remarks about people involved in his legal cases. The decision echoed a gag order in Trump’s Washington, D.C., election interference criminal case. The decision came a day after he rejected the defense’s push to delay the Manhattan trial until summer and ordered it to begin April 15. Merchant wrote in his four-page decision:

“Given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount.”

The judge said the presumptive Republican presidential nominee’s statements have induced fear and necessitated added security measures to protect his targets and investigate threats.

Trump’s lawyers fought the gag order, warning it would amount to unconstitutional and unlawful prior restraint on his free speech rights. Merchan, who had long resisted imposing a gag order, said his obligation to ensuring the integrity of the trial outweighed First Amendment concerns.

The gag order bars Trump from either making or directing other people to make public statements on his behalf about potential witnesses and jurors in the hush-money trial. It also prohibits any statements meant to interfere with or harass the court’s staff, prosecution team or their families.

At his arraignment, Merchan admonished Trump not to make statements that could incite violence or jeopardize safety, but stopped short of issuing a gag order. At a subsequent hearing, Merchan noted Trump’s “special” status as a former president and current candidate and said, “I’m bending over backwards and straining to make sure that he is given every opportunity possible to advance his candidacy and to be able to speak in furtherance of his candidacy.”

The gag order does not bar comments about Merchan, whom Trump has referred to after his arraignment last year as “a Trump-hating judge” with a family full of “Trump haters,” or Manhattan District Attorney Alvin Bragg, an elected Democrat. But it puts Trump on notice that attacks on key figures in the case, like his former lawyer-turned-nemesis Michael Cohen or porn star Stormy Daniels, won’t be tolerated. The gag order adds to existing restrictions that prohibit Trump from using evidence in the case to attack witnesses.

Now, with the gag order, Merchan is declaring scores of people involved in the case off-limits for Trump’s social media venom, courthouse diatribes and campaign rallies. Trump’s grousing to TV cameras as he entered and exited the courtroom became ritual during his New York civil fraud trial last year.

TRUMP AGAIN LASHES OUT AT COURT

On March 27, Trump lashed out at Judge Merchan judge who put him under a gag order ahead of his April 15 hush-money criminal trial, making a fallacious claim about his daughter and urging him to step aside from the case.

In a social media post, the former president suggested without evidence that Judge Juan M. Merchan was kowtowing to his daughter’s interests as a Democratic political consultant. He also made a claim, later repudiated by court officials, that she had posted a social media photo showing Trump behind bars.

Trump complained on his Truth Social platform that the gag order issued Tuesday was “illegal, un-American, unConstitutional.” He said that Merchan, a veteran Manhattan jurist, was “wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement” by Democratic rivals.

Trump claimed that Merchan’s daughter, Loren Merchan, whose firm has worked on campaigns for President Joe Biden and other Democrats, had recently posted a photo on social media depicting her “obvious goal” of seeing him jailed.

https://apnews.com/article/trump-gag-order-hush-money-new-york-68317dee722581bfbde51c305788b614

https://www.forbes.com/sites/antoniopequenoiv/2024/03/28/trump-again-targets-judges-daughter-in-new-york-criminal-case/?sh=1aec1aed5981

GAG ORDERS UPHELD

A federal appeals court panel in December largely upheld Trump’s gag order in his Washington, D.C., election interference case but narrowed it by freeing him to criticize special counsel Jack Smith, who brought the case. The New York gag order echoed that ruling by excluding Bragg.

At the fraud trial, Trump was fined $15,000 for twice violating a gag order imposed after he made a disparaging social media post about the judge’s chief law clerk.

In January, a federal judge threatened Trump with expulsion from court in a civil trial on writer E. Jean Carroll’s defamation claims against him after he was heard saying “it is a witch hunt” and “it really is a con job.”

TRUMP’S EXTENSIVE HISTORY OF INCITING VIOLENCE

Trump has and extensive history of inciting violence.

On January 23, 2016, Donald Trump said at a rally in Sioux Center that his supporters are so loyal that he would not lose backers even if he were to shoot someone in the middle of downtown Manhattan, New Yorke City and said:

“I could stand in the middle of Fifth Avenue and shoot somebody, okay, and I wouldn’t lose any voters, okay? … It’s, like, incredible.”

https://www.nbcnews.com/politics/2016-election/trump-says-he-could-shoot-somebody-still-maintain-support-n502911

On February 21, 2016, Trump told a crowd of his supporters in Cedar Rapids that he would pay their legal fees if they engaged in violence against protesters and said this:

“If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously, OK? Just knock the hell out of them … I promise you I will pay for the legal fees. I promise, I promise.”

http://time.com/4203094/donald-trump-hecklers/

On March 9, 2016, as a protester was being escorted out of a Trump rally in Fayetteville, North Carolina, the protester was sucker-punched by another attendee and Trump said nothing when it was brought to his attention.

At a Las Vegas campaign rally in March, 2016 Trump said security guards were too gentle with a protester and said “He’s walking out with big high-fives, smiling, laughing. … I’d like to punch him in the face, I’ll tell you.”

In yet another campaign rally in March, 2016 in Warren, Michigan, Trump said of a protester “Get him out. …Try not to hurt him. If you do, I’ll defend you in court. Don’t worry about it.”

In July 2017 during a speech to police officials, Trump encourage law enforcement officials to be more violent in handling arrested offenders when he said:

“When you see these thugs being thrown into the back of a paddy wagon, you just seen them thrown in, rough. I said, ‘Please don’t be too nice … When you guys put somebody in the car and you’re protecting their head you know, the way you put their hand over [their head],” Trump continued, mimicking the motion. “Like, don’t hit their head and they’ve just killed somebody, don’t hit their head. … You can take the hand away, OK?’”

During a rally in Montana ahead of the 2018 midterms, Trump praised Republican Greg Gianforte for body slamming a reporter while running for his congressional seat in 2017 and said “any guy who can do a body slam, he is my type!”

PIPE BOMBS SENT TO TRUMP CRITICS BY TRUMP SUPPORTER

In October, 2018, 14 pipe bombs were sent to Democrats who were outspoken critics of president Trump and people who he has vilified at his political rallies and on TWITTER.

The New York Times reported that on October 26, 2018 Federal authorities made an arrest in connection with the nationwide bombing campaign against outspoken Democratic critics of President Trump. The suspect was identified as Cesar Sayoc Jr., 56, of Aventura, Florida. Sayoc is a registered Republican, he has a lengthy criminal history in Florida dating back to 1991. Sayoc’s criminal record includes felony theft, drug and fraud charges, as well as being arrested and accused of threatening to use a bomb.

Pipe bombs were sent to the home addresses of:

Former President Barack Obama
Former Vice President Joe Biden
Former Secretary of State Hillary Clinton
Former United States Attorney General Eric Holder
Former Director of the Central Intelligence Agency (CIA) John O. Brennan
California Congresswoman Maxine Waters
Florida Congresswoman Debbie Wasserman Schultz
Billionaire philanthropist George Soros
Actor Robert Di Nero

A pipe bomb was also delivered to the offices of CNN in Midtown Manhattan, New York City.

During his arrest, Sayvoc’s white van was also seized as evidence. The van’s windows were plastered with a thick collage of pro-Trump stickers. Photos of the van showed that one of the stickers depicted President Trump standing in front of flames and the American flag. Another was of Hillary Clinton’s face in the crosshairs of a rifle scope. A third said: “CNN SUCKS.”

https://www.nytimes.com/2018/10/26/nyregion/cnn-cory-booker-pipe-bombs-sent.html

Photos and video emerged of Sayvoc attending a February, 2017 Trump Rally in Melbourne, Florida. He was holding a placard reading “CNN SUCKS”. Social media posts maintained by Cesar Sayoc Jr., contain conspiratorial memes promoting President Trump and mocking, criticizing and threatening virtually every prominent Democrat he sent a pipe bomb.

One post involving former Attorney General Eric Holder appointed by President Obama said “See you real soon. Tick Tock”.

In a September TWEET to former Vice President Joe Biden he wrote: “Hug your beloved son, Niece, wife family real close every time U walk out your home.”

https://talkingpointsmemo.com/muckraker/mail-bomb-suspect-sayoc-shared-social-media-posts-about-targets

On Wednesday, October 24, 2018, after a briefing with FBI, DOJ, Homeland Security and Secret Service and during a subsequent White House function, President Trump had this to say about the “pipe bomber”:

“The safety of the American people is my highest and absolute priority. … The full weight of our government is being deployed to conduct and bring those responsible for these despicable acts to justice. We will spare no resources or expense in this effort. And I wanted to tell you that, in these times, we have to unify, we have to come together, and send one very clear, strong, unmistakable message, that that acts or threats of political violence have no place in the United States of America.”

https://deadline.com/2018/10/donald-trump-suspected-bombs-sent-to-his-favorite-targets-no-place-in-united-states-1202488702/

On Thursday, October 25, 2018, the very a day after CNN and Democrats were the targets of the pipe bombs, Trump in a TWEET blamed the media for much of the “anger” in society by saying:

“A very big part of the anger we see today in our society is caused by the purposely false and inaccurate reporting of the Mainstream Media that I refer to as Fake News. It has gotten so bad and hateful that it is beyond description. Mainstream Media must clean up its act, FAST!”

https://www.cnn.com/2018/10/25/politics/trump-blames-media-for-anger-after-attacks/index.html

JANUARY 6, 2020 CAPITAL RIOT

On the Morning of January 6, a defeated Donald Trump for reelection spoke to thousands of his upset and angry supporters in Washington, DC in front of the White House before the Congress was to schedule to accept the electoral college vote as mandated by the United States Constitution and electing Joe Biden President. As usual, Trump’s speech was inflammatory and full of lies. Trump told the crowd that the election had been “rigged” by “radical democrats” and the “fake news media” and he said in part:

“We will never give up. We will never concede. It doesn’t happen. You don’t concede when there’s theft involved. … Our country has had enough. We’re not going to take it anymore.”

Not at all surprising, Trump stoked his followers to take action and head to capitol hill to protest and said:

“And after this, we’re going to walk down there, and I’ll be there with you, we’re going to walk down … to the Capitol and we are going to cheer on our brave senators and congressmen and women. … And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“You’re the real people. You’re the people that built this nation. You’re not the people that tore down this nation.”

Soon after Trump spoke, his supporters believing all Trumps lies that the election was rigged, when it was not, went to the United States Capitol to protest. The Congress had already begun the process of counting and certifying the electoral college vote. A mob was able to breach security and successfully enter the building, where one person was shot and later died.

Hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they engaged with officers in full riot gear, some calling police officers “traitors” for doing their jobs. About 90 minutes later the domestic terrorists got into the building and the doors to the House and Senate were locked. Shortly after, the House floor was evacuated by police. Vice President Mike Pence was also evacuated from the chamber, he was to perform his role in the counting of electoral votes. Some of the terrorists had even started to chant “HANG MIKE PENCE, HANG MIKE PENCE”.

The protesters first breached exterior security barriers, and video footage showed the domestic terrorists gathering and some clashing with police near the Capitol building. A number of Trump terrorists climbed up the side of the Capitol building to gain access. Windows were broken to gain access. Protesters roamed the interior of the building and went to the House Chamber and congressional offices and did property damage. In the end, 6 people died, one domestic terrorist shot and killed by capitol police with one capitol police officer succumbing to his injuries.

Within 7 hours after protestors took over the Capitol building and after they were evacuated from the building, the Congress returned to work and about 4:30 am in the morning on January 7, President Joe Biden was elected the new President of the United Sates. The final electoral college vote was Joe Biden 306 electoral votes, Donald Trump 232 electoral votes.

COMMENTARY AND ANALYSIS

The video released by the Trump campaign that included an image of President Joe Biden bound and restrained in the back of a pickup truck is about as disgusting and slimy as it gets. It must be condemned in no uncertain terms and treated by the Secret Service as a threat of violence against President Joe Biden.

In Trump’s and his supporters very sick and very warped minds, they no doubt think that inciting violence against any opponent or someone who he disagrees with is somehow “freedom of speech.” For the last 8 years, there is no doubt that President Trump has promoted hostility, mistrust and violence towards the press as well as his critics with his words and conduct. Trump promoted violence, hostility and mistrust when he first ran for President and he is doing it again as he runs in 2024.

The courts, both state and federal, need to come to the realization that as the presidential election heats up and as Trump goes on trial, he will encourage and direct his supporters to attack the court houses.

Sooner, rather than later, someone is going to get killed and what happened with the January 6 capitol riot will play out at court houses to somehow set him free of criminal prosecution.

It also likely if the US Supreme Court does not rule in his favor on the question of immunity, Trump will vow to remove the Supreme Court if he is elected proclaiming the United States Supreme Court is corrupt by not doing his bidding.

Trump needs to be jailed pending trial in his criminal cases because time and time again Trump has proven he does not respect the courts. To Trump, court gag orders are not worth the paper they are written on. A “Commitment Order Pending Trial” is one court order Trump will no doubt read more than a few time sitting in a jail cell and understand.

Victim Of Chief Medina’s Reckless Driving Comes Forward And Speaks Out About Injuries; Demands That Chief Be Held Accountable; Lawsuit To Be Filed; Mayor Keller Eviscerated For Praising Medina’s Conduct; Keller Unequivocally Endorses Medina Before Progressive Activists; COMMENTARY: Charge Medina With Reckless Driving And Terminate For Cause For Violating APD Standard Operating Procedures

Posted on March 28, 2024 by

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 which was proven false by a surveillance video.

Driving through on coming traffic, Medina drove South through 3 lanes of traffic on Central and T-Boned a gold colored 1966 Ford Mustang. The driver of the Mustang called for medical assistance himself and was then taken to the hospital in critical condition. The driver underwent 7 hours of surgery for his injuries. 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 car crash by heaping highly questionable praises on Chief Medina and not even mentioning the victim of the car crash 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. … Whether it’s our city or the individuals that he helped or potentially the lives that he saved because of the shooting that was happening, we all owe him a debt of gratitude today.”

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.”

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.” On March 27, it was reported that Chief Medina tried to visit the injured man in the hospital but was told by his family they did not want to see him. A spokesman for the the victims family attorney said the victim’s family “were only informed an unidentified officer was trying to visit them, and on advice of their attorney they did not communicate with her or she.”

EXTENT OF INJURIES TO OTHER DRIVER REVEALED

On March 11, this blog reported that Confidential sources 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.

VICTIM OF CAR CRASH SPEAKS OUT

On March 27, Todd Perchert, who is age 55, along with his wife and his attorney held a press conference to discuss the February 17 car crash. It was revealed that the city has been placed on notice that a lawsuit for damages will be filed. All 3 had very sharp words for Mayor Tim Keller and Chief Medina. Surprisingly, Perchert proclaimed they are not calling for the Chief’s Medinas resignation, but are looking for accountability and compensation for all the injuries Medina inflicted. Perchert’s attorney says they have questions about why Medina stopped in the first place and without his lapel camera on. Perchert said the actions of Chief Medina have left him with life-altering injuries.

Todd Perchert gave his version of the events. Perchert said on Saturday, February 17, he was cruising down Route 66 in his family heirloom car, a gold 1966 Ford Mustang. His plan was to head from the Route 66 Diner to a Mustang Club meetup at the Atomic Museum, but he never made it. He said it was the perfect day for cruising in his 1966 Mustang.

Todd Perchert said he never expected his life would be turned upside down by APD Chief Medina. Todd Perchert said this:

It has been confirmed by video of the accident that the grill of Harold Medina’s APD issued truck slammed into his driver’s side in a spray of shattered glass and a shriek of twisted metal.

In the aftermath of the crash, Perchert said he was trying to get someone to call his wife and he said this:

“In my head, all I kept hearing was, ‘the police chief was running away, he was running away. He was running away. And my husband is injured because he was running away. … My husband’s injuries due to the chief’s reckless disregard for the lives and safety of others were secondary and blown off as if no concern by the APD spokesperson, and the mayor. To make things worse, the mayor praised the chief’s actions. That made me sick. … That behavior is not to be praised.”

Todd and Danielle Perchert said they were very upset to see Keller praising Medina directly after the crash during a press conference. Danielle Perchert noted how Medina and Keller could be seen “smiling and hugging at the scene” in one news report and, at some point, two officers could be seen opening the hood of the classic Mustang “checking out the engine like they were at a car show. … I couldn’t believe what I was seeing and hearing.”

Danielle Perchert said their lives have changed and that they used to lead a very active lifestyle, and Todd had just begun training for half-marathons again.

“Rehabilitation will be a very long and very painful process. … now he is in constant pain, and has limited mobility. … This is my family, you know, I’m sorry, but how would they have reacted if that was their spouse or someone in their family? Someone would have been held accountable.”

The Percherts say they’re not asking for the chief to resign, but say they want accountability and compensation for Todd’s injuries. The Perchert’s said the Mustang, which was passed down to Todd from his uncle, and then his father shortly before he passed away, was totaled in the crash. He had owned it for 12 years.

Private attorney James Tawney, with the law firm Tawney, Acosta & Chaparro P.C., said he is representing Todd Perchert in a lawsuit against the city of Albuquerque. He said tort a claims notice to file suite has already been sent to the city. Tawney said it’s too early to know how much financial compensation they will ask for, and what sort of measures would be suitable to hold Medina accountable. The Percherts and their attorney claim Medina violated multiple state laws and department operating procedures. Tawney also said in the aftermath of the accident, more should have been done by the city and police officials to see just how Perchert was recovering ostensibly by seeking information on his care and recovery.

Attorney Tawney for his part said they are seeking accountability from Chief Medina and had this to say about damages and raised a few questions that need answering:

“There’s no amount of money that will put him back into the place that he was before this crash. … We have questions why [Chief Medina] pulled over in the first place in an unmarked vehicle with his wife in the car without his lapel camera on. Officers have been disciplined and terminated for similar unsafe driving practices. … I don’t know why the New Mexico State Police didn’t investigate this, as opposed to our police department. I mean, that’s the first question.”

They’re also questioning why APD is doing its own internal investigation, rather than having another agency look into it, and why Medina was not issued a ticket for the crash.

APD INTERNAL INVESTIGATION

APD officials say the internal investigation into the crash is ongoing and APD says a crash review board will decide whether the crash was preventable, and the internal investigation is ongoing to determine whether policies were followed during the entire incident. Based on those findings, the Superintendent of Police Reform will decide whether discipline is required. However, it will ultimately be Mayor Tim Keller who will decide if Medina should be disciplined. APD also said they would not speculate on the investigation’s outcome. Police are also still looking for the person who fired the gun.

Gilbert Gallegos, spokesperson for APD issued the following statement:

“We’re glad to see Mr. Perchert is recovering from his injuries. Because the internal investigation is on-going, we’re not going to speculate about the outcome. A crash review board will determine whether the crash was preventable, and the Internal Affairs investigation will determine whether policies were followed during the entire incident. The Superintendent of Police Reform will decide whether discipline is required, based on those findings.”

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/albuquerque-metro/man-involved-in-crash-with-apd-chief-speaks-out/

https://www.kob.com/new-mexico/victim-of-crash-involving-apd-police-chief-demands-accountability/

https://www.abqjournal.com/news/injured-driver-in-crash-involving-apd-police-chief-says-his-life-has-been-turned-upside/article_37530d7e-ec6c-11ee-a836-778b13f8d225.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

APD Chief Harold 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. Surveillance video shows Medina cutting in between two other vehicles in oncoming traffic 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 driver’s side of the Mustang that was traveling East on the South lanes of Central. Perchert is lucky to be alive and not killed at the time of the accident.

CHIEF MEDINA NEEDS TO BE CHARGED WITH 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’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.” The entire accident could have been avoided had Medina simply taken a right hand turn onto Central in traffic, but instead he likely panicked out of fear for himself and his wife and recklessly drove forward into on coming traffic and t-boned Todd Perchert.

Chief Medina has not been charged and no explanation has been given by APD as to why. Supposedly the scene was secured, but even then standard operating procedures were not followed. 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.

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 in part as follows:

“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.

… .

Peace officers who fail to comply with the policies and procedures required to be adopted … 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.”

STANADARD OPERATING PROCEDURES VIOLATED BY 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 specific 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

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.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

KELLER UNEQUIVICALLY ENDORSES CHIEF MEDINA BEFORE INDIVISIBLE NOB HILL PROGRESSIVE ACTIVISTS

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 Bureau of Investigation (FBI) of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases. As recently as Monday, March 25, Mayor Tim Keller was asked at a meeting of upwards 75 community, progressive activists known as “Indivisible Nob Hill” how can the public have any faith and confidence in APD after the scandal and why he has not fired Chief Harold Medina. Keller’s defense of Medina was alarming and was unequivocal wherein he gave credit to Chief Medina for bringing down the city’s crime rates and progress in implementing the Department Of Justice reforms under the Court Approved Settlement Agreement. Mayor Keller made no mention of the February 17 car crash and made it clear that he has no intention of taking any action to remove Chief Harold Medina expressing 100% confidence in Medina.

FINAL COMMENTARY

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 100% accountable 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.

Links to previous and related blog articles are here:

https://www.petedinelli.com/2024/03/11/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-sops-violated-by-medina-chief-m/

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident