Written by: Sam Orlando
ALBUQUERQUE, NEW MEXICO - The Albuquerque Police Department (APD) is currently facing serious allegations of corruption within its DWI Unit, following a lawsuit filed by the American Civil Liberties Union (ACLU) of New Mexico. The lawsuit accuses APD officers of engaging in a scheme to dismiss DWI charges in exchange for bribes, with the alleged knowledge of Police Chief Harold Medina.
Allegations and Lawsuit Details
The ACLU's lawsuit, filed on behalf of plaintiff Carlos Smith, claims that certain APD officers collaborated with local attorney Thomas Clear and his paralegal, Ricardo Mendez, to extort money from individuals arrested for DWI offenses. According to the complaint, officers would refer arrestees to Clear's law office, where they were pressured to pay substantial sums—ranging from $7,500 to $10,000—in exchange for the dismissal of their charges. The officers allegedly facilitated this by agreeing not to attend pre-trial interviews or testify in court, ensuring the cases were dropped.
Carlos Smith, the plaintiff, recounts being pulled over for speeding in June 2023. Despite performing well on sobriety tests, he was arrested for DWI. During the booking process, Officer Joshua Montaño allegedly confiscated Smith's bracelet and later contacted him about it, directing him to attorney Clear's office. There, Smith was informed by paralegal Mendez that a payment of $8,500 would guarantee the dismissal of his charges. Smith's case was eventually dismissed in January 2024, coinciding with a federal raid on Clear's office and the public revelation of the scheme.
Internal and Federal Investigations
The scandal has prompted both internal and federal investigations. APD initiated an internal inquiry in February 2024, leading to the firing of one commander and the resignation of several officers. Additionally, dozens of DWI cases have been dismissed as a result of the ongoing investigations. The FBI is conducting its own probe into the allegations, focusing on potential violations of federal law. As of now, no criminal charges have been filed, and the U.S. Attorney's Office will determine whether federal laws were breached.
APD's Response
APD has contested the allegations, asserting that the lawsuit contains false information. The department maintains that Chief Medina collaborated closely with federal authorities to uncover the scheme and initiated the internal investigation to hold those involved accountable. APD leadership continues to cooperate with federal partners as the investigation progresses.
Implications and Community Impact
The scandal has had profound effects on the Albuquerque community. Individuals like Carlos Smith report significant personal and financial losses due to the alleged corruption, including the loss of business, home, and dignity. The ACLU's legal director, Maria Martinez Sanchez, emphasizes the need for systemic reforms to dismantle what she describes as "systemic corruption" within APD.
Conclusion
As investigations continue, the APD faces increased scrutiny over its internal practices and oversight mechanisms. The outcome of the ACLU's lawsuit and the federal inquiry may lead to significant changes within the department, aiming to restore public trust and ensure accountability among law enforcement officers.
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