Tuesday, December 19, 2006
Journal Staff Report
Albuquerque's top police watchdog will soon be out of a job.
Jay Rowland, 60, a retired Air Force colonel who has headed the city's Independent Review Office for the past four years, learned Monday his expired contract with City Hall isn't being renewed, he said.
As the review officer, Rowland receives complaints from citizens about possible Albuquerque police misconduct. He can also make policy recommendations to the mayor, police chief and other city officials.
Rowland said he plans to continue with the job until a successor is hired, as is called for under his contract.
Mayor Martin Chávez commended Rowland for his job performance. "I think he's had a good run in there," Chavez said late Monday. The mayor also said a change would be healthy for the office.
Rowland's tenure included the 2005 investigation into problems within the police evidence room. A 1,000-page report that Rowland signed found that former Chief Gilbert Gallegos didn't follow basic procedures.
Through the end of October, Rowland's office had received 248 complaints alleging misconduct by police officers or police department employees. Of those, 206 had been investigated and 42 were pending, according to the most recent documents available.
Citizen complaints about misconduct have increased in recent years, according to city statistics. In 2003, there were 220 complaints of misconduct; in 2005, the figure climbed to 351.
Chavez said he expects the search for a successor could take a couple of months. A finalist selected by Chavez will go before the City Council for approval.
Tuesday, December 19, 2006
Tuesday, December 12, 2006
Details Sought In Shooting
Tuesday, December 12, 2006
By Carolyn Carlson
Journal Staff Writer
Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People, said Friday.
More than two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are still trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Detectives with the Bernalillo County Sheriff's Department have not released many details about the shooting, except that Hall died of gunshot wounds.
"We have made some progress, but it has more to do with eliminating things," Lt. Gregg Marcantel, lead homicide detective for the Sheriff's Department, said Friday. "We do not have a clear suspect yet."
Powdrell said the fact that no real evidence has surfaced could create a sense of fear in the community.
"The city does not need a person who killed another person running around loose," Powdrell said.
Marcantel said no other details of Hall's autopsy or details from the crime scene are being released. He said doing so would undermine the case.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death.
Marcantel said he appreciates the leaders of the black community urging anyone who may have any information to come forward, because it will only help the investigation.
Marcantel has said that on Thanksgiving afternoon, several residents living in the area where Hall was found called the Sheriff's Department at least four times to report gunshots being fired.
But when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall, according to Marcantel.
According to federal court documents in Hall's excessive force case, in 2002 the officers said Hall was acting suspiciously as he looked into Nob Hill business windows.
The officers said Hall was combative and that is why they used a Taser on him. Hall was so severely burned by the Taser that he lost part of an ear.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he feared retaliation.
Marcantel said anyone with any information on Hall's death, or information on the gunshots that were heard Thanksgiving Day, can call Crime Stoppers at 843-STOP or 980-2496 if they want to talk directly with a detective working the case. Either way, Marcantel said, they can remain anonymous. A $1,000 Crime Stoppers reward is being offered.
By Carolyn Carlson
Journal Staff Writer
Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People, said Friday.
More than two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are still trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Detectives with the Bernalillo County Sheriff's Department have not released many details about the shooting, except that Hall died of gunshot wounds.
"We have made some progress, but it has more to do with eliminating things," Lt. Gregg Marcantel, lead homicide detective for the Sheriff's Department, said Friday. "We do not have a clear suspect yet."
Powdrell said the fact that no real evidence has surfaced could create a sense of fear in the community.
"The city does not need a person who killed another person running around loose," Powdrell said.
Marcantel said no other details of Hall's autopsy or details from the crime scene are being released. He said doing so would undermine the case.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death.
Marcantel said he appreciates the leaders of the black community urging anyone who may have any information to come forward, because it will only help the investigation.
Marcantel has said that on Thanksgiving afternoon, several residents living in the area where Hall was found called the Sheriff's Department at least four times to report gunshots being fired.
But when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall, according to Marcantel.
According to federal court documents in Hall's excessive force case, in 2002 the officers said Hall was acting suspiciously as he looked into Nob Hill business windows.
The officers said Hall was combative and that is why they used a Taser on him. Hall was so severely burned by the Taser that he lost part of an ear.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he feared retaliation.
Marcantel said anyone with any information on Hall's death, or information on the gunshots that were heard Thanksgiving Day, can call Crime Stoppers at 843-STOP or 980-2496 if they want to talk directly with a detective working the case. Either way, Marcantel said, they can remain anonymous. A $1,000 Crime Stoppers reward is being offered.
Black Leaders Seek Witnesses
Tuesday, December 12, 2006
Around the Metro Area
Journal and Wire Reports
"Black Leaders Seek Witnesses
Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," said Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People.
Two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death."
Around the Metro Area
Journal and Wire Reports
"Black Leaders Seek Witnesses
Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," said Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People.
Two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death."
Thursday, November 30, 2006
Residents Called Sheriff About Shots
Thursday, November 30, 2006
By Carolyn Carlson
Journal Staff Writer
Residents living in the area where Jerome J. Hall was found shot on Thanksgiving called the Bernalillo County Sheriff's Department at least four separate times that afternoon and evening to report gunshots being fired.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers.
Lt. Gregg Marcantel, lead homicide detective for the sheriff's department, said the calls started about 4:30 p.m. with the last one coming in about 9:30 p.m., shortly before deputies found Hall, 42, suffering from gunshot wounds. He died on the way to a hospital.
"The shots-fired calls ceased with that event," Marcantel said Wednesday during a news conference.
He said when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall.
"We are appealing to the public for any knowledge of who may have been doing the shooting," Marcantel said.
He said the shooters may have been in a car.
"It sounds like it did involve autos and the discharging of guns," Marcantel said. "It is unclear if the shots were into the air."
He would like to talk to anyone along Fourth Street, from Guadalupe Trail to Paseo del Norte, who heard gunshots or saw someone possibly in a car shooting a gun during those five hours.
"The Los Ranchos area does not get frequent shots-fired calls," Marcantel said.
He said detectives have not found any locations where bullets may have hit.
"Someone may have heard or seen something at 5 p.m. and not connect it to the 9:30 p.m. shooting," Marcantel said. "They may not be connected but we still want to know what, if anything, the public saw or heard."
Marcantel did not release any other information other than Hall's autopsy confirmed he died of gunshots.
He said they were keeping any pertinent information "within the notepads of the detectives and close to our chests."
He said he did not want to undermine the detectives working the case. Detectives are looking in a number of directions, he said.
Marcantel said newspaper coverage of the award might have suggested to someone Hall possessed lots of money, even though he had none of it yet because of the lengthy legal process.
According to court documents in Hall's excessive force case, the officers said Hall was acting suspiciously as he looked into Nob Hill business windows in 2002.
The officers said Hall was combative and that that is why they used a Taser on him. Hall lost part of an ear because he was so severely burned by the Taser.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he was afraid of retaliation.
Anyone with any information should call Crime Stoppers at 843-STOP. If they want to talk directly with a detective they can call 980-2496. Either way, Marcantel said, they can remain anonymous.
By Carolyn Carlson
Journal Staff Writer
Residents living in the area where Jerome J. Hall was found shot on Thanksgiving called the Bernalillo County Sheriff's Department at least four separate times that afternoon and evening to report gunshots being fired.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers.
Lt. Gregg Marcantel, lead homicide detective for the sheriff's department, said the calls started about 4:30 p.m. with the last one coming in about 9:30 p.m., shortly before deputies found Hall, 42, suffering from gunshot wounds. He died on the way to a hospital.
"The shots-fired calls ceased with that event," Marcantel said Wednesday during a news conference.
He said when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall.
"We are appealing to the public for any knowledge of who may have been doing the shooting," Marcantel said.
He said the shooters may have been in a car.
"It sounds like it did involve autos and the discharging of guns," Marcantel said. "It is unclear if the shots were into the air."
He would like to talk to anyone along Fourth Street, from Guadalupe Trail to Paseo del Norte, who heard gunshots or saw someone possibly in a car shooting a gun during those five hours.
"The Los Ranchos area does not get frequent shots-fired calls," Marcantel said.
He said detectives have not found any locations where bullets may have hit.
"Someone may have heard or seen something at 5 p.m. and not connect it to the 9:30 p.m. shooting," Marcantel said. "They may not be connected but we still want to know what, if anything, the public saw or heard."
Marcantel did not release any other information other than Hall's autopsy confirmed he died of gunshots.
He said they were keeping any pertinent information "within the notepads of the detectives and close to our chests."
He said he did not want to undermine the detectives working the case. Detectives are looking in a number of directions, he said.
Marcantel said newspaper coverage of the award might have suggested to someone Hall possessed lots of money, even though he had none of it yet because of the lengthy legal process.
According to court documents in Hall's excessive force case, the officers said Hall was acting suspiciously as he looked into Nob Hill business windows in 2002.
The officers said Hall was combative and that that is why they used a Taser on him. Hall lost part of an ear because he was so severely burned by the Taser.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he was afraid of retaliation.
Anyone with any information should call Crime Stoppers at 843-STOP. If they want to talk directly with a detective they can call 980-2496. Either way, Marcantel said, they can remain anonymous.
Wednesday, November 29, 2006
APD Suit Winner Feared Retaliation
Wednesday, November 29, 2006
By Carolyn Carlson and Debra Dominguez
Journal Staff Writers
The man found dying from gunshots along Fourth Street on Thanksgiving evening earlier had said he was afraid of retaliation after winning more than $300,000 in an excessive force case against city cops.
Jerome J. Hall, 42, told the Journal just after the federal jury reached its verdict that he was living in an apartment but did not want anyone to know where because he was afraid of retaliation.
On Thanksgiving evening, Hall was found suffering from bullet wounds outside of an appliance store near Fourth and Schulte NW. He died while en route to the University of New Mexico Hospital.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police Department officers.
Hall had received second- and third-degree burns when one of the officers used a Taser on him multiple times during a 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
During the Nov. 17 interview, Hall also said he had been sober for 16 months and, despite one recent relapse, was back on the wagon.
"Being in recovery is a new chance to turn my life around," Hall said. He added he was now living in an apartment.
"I don't want to say where— I don't want retaliation. I just don't want anyone to know where I live now," Hall said at that time.
Hall, a self-admitted drug user, said he had occasionally lived on the streets east of Nob Hill before getting his apartment.
Lt. Gregg Marcantel, lead homicide detective for the Bernalillo County Sheriff's Department, said Tuesday investigators are taking into consideration the timing of Hall's death.
"The timing of the award suggests suspicion, but to what extent I don't know," Marcantel said. "We are taking it into consideration that it was publicly announced that he was awarded the money."
Marcantel said the department is not going to release any information that only the offender would know, such as the type of gun used.
"It is not in the best interest of the investigation to undermine the case," Marcantel said.
He did say investigators were looking into a framework of some things occurring in the area.
"There are some things that stand out," Marcantel said.
Terry Hodges, a pastor at the Shilo Baptist Church where Hall attended, said Hall was an "all-around good guy" who had been working hard to turn his life around.
Hall told the Journal on Nov. 17 that he has three boys who live here in Albuquerque and a daughter in Seattle.
According to court documents, Hall had a pending paternity case, filed in March in Bernalillo County by a Frankie Pinkney. The case is still open and paternity has not been established. Pinkney could not be reached for comment Tuesday.
In order for paternity to be established on a deceased person, the Office of the Medical Investigator must have either the permission of the family or a court order to release blood samples for a DNA test.
Hall said after the jury's award that he wanted to use the money to help his four children and to get his life back on track by going back to college. Hall has said he was a former medical technician and disabled Army veteran.
Hall's mother, Gloria Bishop, came into town from Florida to be with Hall during his federal trial. Hodges said Bishop is too distraught to talk right now. He said Hall's two sisters are now in town and funeral arrangements are being planned.
During the Nov. 17 interview, Bishop said she was in tears when she heard the tapes of the beating and Tasing her son took during the 2002 arrest.
"Here we are in 2006, and I can't understand how this kind of thing is still going on in a country my son willingly and gladly served," Bishop said of her son, who beginning in 1985 served in the U.S. Army Reserves about six years. "It was almost as bad as him being in combat in Iraq. He could have lost his life over this."
By Carolyn Carlson and Debra Dominguez
Journal Staff Writers
The man found dying from gunshots along Fourth Street on Thanksgiving evening earlier had said he was afraid of retaliation after winning more than $300,000 in an excessive force case against city cops.
Jerome J. Hall, 42, told the Journal just after the federal jury reached its verdict that he was living in an apartment but did not want anyone to know where because he was afraid of retaliation.
On Thanksgiving evening, Hall was found suffering from bullet wounds outside of an appliance store near Fourth and Schulte NW. He died while en route to the University of New Mexico Hospital.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police Department officers.
Hall had received second- and third-degree burns when one of the officers used a Taser on him multiple times during a 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
During the Nov. 17 interview, Hall also said he had been sober for 16 months and, despite one recent relapse, was back on the wagon.
"Being in recovery is a new chance to turn my life around," Hall said. He added he was now living in an apartment.
"I don't want to say where— I don't want retaliation. I just don't want anyone to know where I live now," Hall said at that time.
Hall, a self-admitted drug user, said he had occasionally lived on the streets east of Nob Hill before getting his apartment.
Lt. Gregg Marcantel, lead homicide detective for the Bernalillo County Sheriff's Department, said Tuesday investigators are taking into consideration the timing of Hall's death.
"The timing of the award suggests suspicion, but to what extent I don't know," Marcantel said. "We are taking it into consideration that it was publicly announced that he was awarded the money."
Marcantel said the department is not going to release any information that only the offender would know, such as the type of gun used.
"It is not in the best interest of the investigation to undermine the case," Marcantel said.
He did say investigators were looking into a framework of some things occurring in the area.
"There are some things that stand out," Marcantel said.
Terry Hodges, a pastor at the Shilo Baptist Church where Hall attended, said Hall was an "all-around good guy" who had been working hard to turn his life around.
Hall told the Journal on Nov. 17 that he has three boys who live here in Albuquerque and a daughter in Seattle.
According to court documents, Hall had a pending paternity case, filed in March in Bernalillo County by a Frankie Pinkney. The case is still open and paternity has not been established. Pinkney could not be reached for comment Tuesday.
In order for paternity to be established on a deceased person, the Office of the Medical Investigator must have either the permission of the family or a court order to release blood samples for a DNA test.
Hall said after the jury's award that he wanted to use the money to help his four children and to get his life back on track by going back to college. Hall has said he was a former medical technician and disabled Army veteran.
Hall's mother, Gloria Bishop, came into town from Florida to be with Hall during his federal trial. Hodges said Bishop is too distraught to talk right now. He said Hall's two sisters are now in town and funeral arrangements are being planned.
During the Nov. 17 interview, Bishop said she was in tears when she heard the tapes of the beating and Tasing her son took during the 2002 arrest.
"Here we are in 2006, and I can't understand how this kind of thing is still going on in a country my son willingly and gladly served," Bishop said of her son, who beginning in 1985 served in the U.S. Army Reserves about six years. "It was almost as bad as him being in combat in Iraq. He could have lost his life over this."
Tuesday, November 28, 2006
APD Suit Winner Killed a Week Later
Tuesday, November 28, 2006
FOR THE RECORD:This story has been corrected to reflect that Kathyrn Levy is an assistant city attorney.
By Carolyn Carlson
Journal Staff Writer
An Albuquerque man who last week was awarded more than $300,000 in damages in a civil lawsuit against city police has been identified as the man found shot on Fourth Street on Thanksgiving.
Jerome J. Hall, 42, died on the way to the University of New Mexico Hospital after he was found Thursday evening in the 6700 block of Fourth Street, near Osuna, suffering from gunshot wounds, according to Sgt. David Knowles, spokesman for the Bernalillo County Sheriff's Department.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police officers.
Hall received second- and third-degree burns when one of the officers used a Taser on him multiple times during his 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
"This is really tragic," said attorney Robert Gorence, who represented Hall in the case. "Here we have someone who had put his life in order and finally had the means to do the things with his kids that he always wanted to do."
Hall did not live in the neighborhood where he was found shot, Gorence said Monday.
After last week's verdict, Hall said he had been addicted to drugs but had quit them and had gone through rehabilitation programs.
Hall said he was going to use the money from the verdict to help his four children and get his life back on track by going back to college in the fall.
Hall said he was a former medical technician and disabled Army veteran.
Gorence said he does not know if Hall had a will. He also said he did not know what city attorneys plan on doing in light of Hall's death.
"There are lots of things that need to be answered," Gorence said.
Assistant city attorney Kathryn Levy said her office is reviewing the case for post-trial motions.
"This is something we would normally do," Levy said.
She said she has never seen something like this before.
In the 2002 incident, Hall's attorneys claimed the officers had no lawful reason to arrest, assault or imprison Hall, saying he was just walking along Central in Nob Hill and complied with all of the officers' orders.
City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area and that he had observed Hall acting suspiciously.
Knowles said detectives are investigating Hall's shooting as a homicide.
Anyone with any information on the case can remain anonymous and call Crime Stoppers at 843-STOP.
FOR THE RECORD:This story has been corrected to reflect that Kathyrn Levy is an assistant city attorney.
By Carolyn Carlson
Journal Staff Writer
An Albuquerque man who last week was awarded more than $300,000 in damages in a civil lawsuit against city police has been identified as the man found shot on Fourth Street on Thanksgiving.
Jerome J. Hall, 42, died on the way to the University of New Mexico Hospital after he was found Thursday evening in the 6700 block of Fourth Street, near Osuna, suffering from gunshot wounds, according to Sgt. David Knowles, spokesman for the Bernalillo County Sheriff's Department.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police officers.
Hall received second- and third-degree burns when one of the officers used a Taser on him multiple times during his 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
"This is really tragic," said attorney Robert Gorence, who represented Hall in the case. "Here we have someone who had put his life in order and finally had the means to do the things with his kids that he always wanted to do."
Hall did not live in the neighborhood where he was found shot, Gorence said Monday.
After last week's verdict, Hall said he had been addicted to drugs but had quit them and had gone through rehabilitation programs.
Hall said he was going to use the money from the verdict to help his four children and get his life back on track by going back to college in the fall.
Hall said he was a former medical technician and disabled Army veteran.
Gorence said he does not know if Hall had a will. He also said he did not know what city attorneys plan on doing in light of Hall's death.
"There are lots of things that need to be answered," Gorence said.
Assistant city attorney Kathryn Levy said her office is reviewing the case for post-trial motions.
"This is something we would normally do," Levy said.
She said she has never seen something like this before.
In the 2002 incident, Hall's attorneys claimed the officers had no lawful reason to arrest, assault or imprison Hall, saying he was just walking along Central in Nob Hill and complied with all of the officers' orders.
City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area and that he had observed Hall acting suspiciously.
Knowles said detectives are investigating Hall's shooting as a homicide.
Anyone with any information on the case can remain anonymous and call Crime Stoppers at 843-STOP.
Saturday, November 18, 2006
APD Loses Brutality Case
Saturday, November 18, 2006
By Debra Dominguez-Lund
Copyright © 2006 Albuquerque Journal; Journal Staff Writer
A formerly homeless man who suffered severe burns and lost part of his ear when he was arrested by three Albuquerque police officers four years ago was awarded about $300,000 by a federal jury Friday.
Despite the verdict in U.S. District Court, Jerome Hall, who suffered permanent disfiguration from the September 2002 incident, said he'll never feel he's gotten complete justice.
"They took my dignity away from me in public," said Hall, who says police officers unlawfully arrested him, used Tasers on him and beat him excessively after he was warned not to walk along Central east of Nob Hill. "They treated me like an animal because I was black and homeless— like I was less than nothing. It was a public lynching in modern times."
The jury found that Albuquerque police officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when they arrested Hall in September 2002, said Hall's attorney, Louren Oliveros.
Kathryn Levy, the city attorney representing the police officers, couldn't be reached for comment.
However, City Attorney Robert White said the city accepts the jury's decision.
"The jury entered its verdict, and we accept its decision with regard to the amount (awarded to Hall)," White said. "And since that particular incident, APD has reviewed and changed its Taser policy."
Hall's attorneys claimed the officers had no lawful reason to arrest, assault or falsely imprison Hall, saying he was just walking along Central and complied with all officers' orders. City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
City attorneys also maintained, according to court documents, that the officers had probable cause to arrest Hall, 42, for various crimes, including public nuisance, disorderly conduct, resisting arrest and criminal trespassing.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area, and that he observed Hall acting suspiciously.
Oliveros claimed in the suit that the three officers beat Hall, and that Gonterman applied his Taser "to Mr. Hall's body multiple times inflicting second and third-degree burns."
She said Hall lost part of his ear as a result of being burned.
Hall admits that he had been addicted to drugs but says he has since been through rehabilitation programs. He said he's going to use the money to help get his life back on track and help his four children.
"I want to re-establish my relationships with them and eventually go back to college in the fall," said Hall, a former medical technician and disabled U.S. Army veteran.
"I hope my story shows people redemption is possible for anyone," said Hall, who said his drug addiction led him to homelessness. "The beating made me feel like I was written off as a subhuman, like I had no rights, like I was less than an animal and worthless.
"But homeless or not, we have rights and a voice," Hall said. "And I feel those men should not be cops or even security guards because they pose a possible threat to anyone who's not like them."
APD spokesman John Walsh said that because the incident took place in 2002 under former APD Chief Gilbert Gallegos, he didn't know whether the officers ever faced any disciplinary action. All three still work for APD.
"I'd be more than happy to review it, though," Walsh said. "But as far as that chapter's concerned, it's closed now."
"The position of the city is that it felt strong that the actions of the police officers back then fell under the scoping guidelines of 2002 and the use-of-force model (for Tasers)," said Walsh, adding that the Police Department's policy regarding Tasers has since been made much more restrictive.
Oliveros, who represented Hall with her husband, Robert Gorence, applauded the jury's verdict.
"The defendants did their best to make Hall look as least human as possible," she said. "But the jury's verdict is a good sign society is starting to see through racial and class profiling, as well as the complete disregard these people are often treated with."
By Debra Dominguez-Lund
Copyright © 2006 Albuquerque Journal; Journal Staff Writer
A formerly homeless man who suffered severe burns and lost part of his ear when he was arrested by three Albuquerque police officers four years ago was awarded about $300,000 by a federal jury Friday.
Despite the verdict in U.S. District Court, Jerome Hall, who suffered permanent disfiguration from the September 2002 incident, said he'll never feel he's gotten complete justice.
"They took my dignity away from me in public," said Hall, who says police officers unlawfully arrested him, used Tasers on him and beat him excessively after he was warned not to walk along Central east of Nob Hill. "They treated me like an animal because I was black and homeless— like I was less than nothing. It was a public lynching in modern times."
The jury found that Albuquerque police officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when they arrested Hall in September 2002, said Hall's attorney, Louren Oliveros.
Kathryn Levy, the city attorney representing the police officers, couldn't be reached for comment.
However, City Attorney Robert White said the city accepts the jury's decision.
"The jury entered its verdict, and we accept its decision with regard to the amount (awarded to Hall)," White said. "And since that particular incident, APD has reviewed and changed its Taser policy."
Hall's attorneys claimed the officers had no lawful reason to arrest, assault or falsely imprison Hall, saying he was just walking along Central and complied with all officers' orders. City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
City attorneys also maintained, according to court documents, that the officers had probable cause to arrest Hall, 42, for various crimes, including public nuisance, disorderly conduct, resisting arrest and criminal trespassing.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area, and that he observed Hall acting suspiciously.
Oliveros claimed in the suit that the three officers beat Hall, and that Gonterman applied his Taser "to Mr. Hall's body multiple times inflicting second and third-degree burns."
She said Hall lost part of his ear as a result of being burned.
Hall admits that he had been addicted to drugs but says he has since been through rehabilitation programs. He said he's going to use the money to help get his life back on track and help his four children.
"I want to re-establish my relationships with them and eventually go back to college in the fall," said Hall, a former medical technician and disabled U.S. Army veteran.
"I hope my story shows people redemption is possible for anyone," said Hall, who said his drug addiction led him to homelessness. "The beating made me feel like I was written off as a subhuman, like I had no rights, like I was less than an animal and worthless.
"But homeless or not, we have rights and a voice," Hall said. "And I feel those men should not be cops or even security guards because they pose a possible threat to anyone who's not like them."
APD spokesman John Walsh said that because the incident took place in 2002 under former APD Chief Gilbert Gallegos, he didn't know whether the officers ever faced any disciplinary action. All three still work for APD.
"I'd be more than happy to review it, though," Walsh said. "But as far as that chapter's concerned, it's closed now."
"The position of the city is that it felt strong that the actions of the police officers back then fell under the scoping guidelines of 2002 and the use-of-force model (for Tasers)," said Walsh, adding that the Police Department's policy regarding Tasers has since been made much more restrictive.
Oliveros, who represented Hall with her husband, Robert Gorence, applauded the jury's verdict.
"The defendants did their best to make Hall look as least human as possible," she said. "But the jury's verdict is a good sign society is starting to see through racial and class profiling, as well as the complete disregard these people are often treated with."
Friday, October 27, 2006
Lawsuit Claims APD Officers Assaulted Man
Friday, October 27, 2006
Associated Press
A federal lawsuit filed against three police officers alleges they sexually assaulted a man while serving a search warrant that involved a former tenant at the man's apartment.
The lawsuit, filed Monday on behalf of 36-year-old Leo Michael Baca, claims officers locked Baca in a bedroom in August 2005, sexually assaulted him and threatened to cut off his testicles if he refused to give information about a previous tenant of the apartment.
The lawsuit names as defendants the city of Albuquerque, Officer Lucas Townsend and two officers Baca said he couldn't identify.
Police spokesman John Walsh declined to comment on the lawsuit.
City Attorney Bob White said his office is reviewing the lawsuit. He had no further comment.
An internal investigation into Baca's allegations cleared the officers, according to a police report.
The investigation included interviews with 13 police officers and an acquaintance of Baca's who were present during the search. All said they did not witness an assault against Baca and said Baca was in the apartment's living room throughout the search.
Investigators were unable to obtain information from audio recorders worn by six officers involved during the search because all six had turned them off after entering the apartment, according to the report.
Police had obtained a warrant to search the apartment in connection with a drug trafficking investigation.
Associated Press
A federal lawsuit filed against three police officers alleges they sexually assaulted a man while serving a search warrant that involved a former tenant at the man's apartment.
The lawsuit, filed Monday on behalf of 36-year-old Leo Michael Baca, claims officers locked Baca in a bedroom in August 2005, sexually assaulted him and threatened to cut off his testicles if he refused to give information about a previous tenant of the apartment.
The lawsuit names as defendants the city of Albuquerque, Officer Lucas Townsend and two officers Baca said he couldn't identify.
Police spokesman John Walsh declined to comment on the lawsuit.
City Attorney Bob White said his office is reviewing the lawsuit. He had no further comment.
An internal investigation into Baca's allegations cleared the officers, according to a police report.
The investigation included interviews with 13 police officers and an acquaintance of Baca's who were present during the search. All said they did not witness an assault against Baca and said Baca was in the apartment's living room throughout the search.
Investigators were unable to obtain information from audio recorders worn by six officers involved during the search because all six had turned them off after entering the apartment, according to the report.
Police had obtained a warrant to search the apartment in connection with a drug trafficking investigation.
Monday, October 2, 2006
Protestor arrested at weapons symposium
Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Protestor arrested at weapons symposium
Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Friday, September 1, 2006
Family Seeks Money Damages From APD
By Carolyn Carlson, Journal Staff Writer
The family of a 17-year-old who was shot and killed by Albuquerque Police Department officers in 2003 is seeking monetary damages from the city and the officers.
On Nov. 29, 2003, Eric Harrison was shot in the back by Officer Matthew Thompson outside the police training academy near Montaño and Second Street during an altercation between Harrison and then-54-year-old Cipriano Salazar.
A police spokesman at the time said the officers were leaving a training session at the academy when they saw a beating in progress. They ordered Harrison to drop a baseball bat he was using to hit Salazar. Harrison refused and raised the bat to strike again, the spokesman said.
The wrongful death lawsuit was filed on Nov. 28, 2005, the day before the statute of limitations would have run out, according to attorney Miguel Campos.
Campos and attorney Phillip A. Martinez are representing Maria E. Chávez, who had raised Harrison since he was a toddler.
According to court documents, Campos and Martinez contend Thompson and Brad Ahrensfield confronted Harrison and Salazar, who were involved in the altercation over a T-ball bat.
"One of the officers without adequate warning opened fire upon (Harrison) shooting him twice in the back causing fatal injuries," the lawsuit says.
Campos and Martinez said officers used excessive force and were negligent and reckless.
"It is sad all the way around," Campos said Thursday. He declined to comment further.
Court documents say Ahrensfield did not fire his gun.
Campos and Martinez say in the lawsuit that even though he did not fire his gun, Ahrensfield did not take any action, verbal or physical, to dissuade Thompson from firing the fatal shots. Nor did Ahrensfield warn Harrison that shots were going to be fired.
City attorneys Robert M. White and Kathryn Levy said in court documents that Thompson saw Harrison beating Salazar in the head with a baseball bat. Thompson ordered Harrison to stop but Harrison struck Salazar a second time with the bat. Harrison was in a striking position when Thompson shot Harrison.
They say the actions taken by Thompson saved Salazar from further serious injury or even death and were in full compliance with standard and acceptable police procedures, the city's response to the lawsuit said.
Salazar was taken to an area hospital and was released four days later.
"The city will defend its actions in the lawsuit," White said Thursday.
At the time of the shooting, Harrison's family said the shooting was a tragedy beyond belief.
Frank Chávez, Harrison's uncle, has said his nephew was a good kid and had never been in trouble. Chávez has said he and his mother, Maria, raised Harrison since he was a toddler because both of his parents were in prison.
"This has devastated our family," Chávez said at the time. "The police could have handled this differently. He was just a little guy. Two big cops could have taken him down."
Chávez said his nephew was about 5-foot-5 and weighed only about 130 pounds.
The lawsuit asks for damages to be determined at trial. The case is currently set for a March 2007 trial date.
The family of a 17-year-old who was shot and killed by Albuquerque Police Department officers in 2003 is seeking monetary damages from the city and the officers.
On Nov. 29, 2003, Eric Harrison was shot in the back by Officer Matthew Thompson outside the police training academy near Montaño and Second Street during an altercation between Harrison and then-54-year-old Cipriano Salazar.
A police spokesman at the time said the officers were leaving a training session at the academy when they saw a beating in progress. They ordered Harrison to drop a baseball bat he was using to hit Salazar. Harrison refused and raised the bat to strike again, the spokesman said.
The wrongful death lawsuit was filed on Nov. 28, 2005, the day before the statute of limitations would have run out, according to attorney Miguel Campos.
Campos and attorney Phillip A. Martinez are representing Maria E. Chávez, who had raised Harrison since he was a toddler.
According to court documents, Campos and Martinez contend Thompson and Brad Ahrensfield confronted Harrison and Salazar, who were involved in the altercation over a T-ball bat.
"One of the officers without adequate warning opened fire upon (Harrison) shooting him twice in the back causing fatal injuries," the lawsuit says.
Campos and Martinez said officers used excessive force and were negligent and reckless.
"It is sad all the way around," Campos said Thursday. He declined to comment further.
Court documents say Ahrensfield did not fire his gun.
Campos and Martinez say in the lawsuit that even though he did not fire his gun, Ahrensfield did not take any action, verbal or physical, to dissuade Thompson from firing the fatal shots. Nor did Ahrensfield warn Harrison that shots were going to be fired.
City attorneys Robert M. White and Kathryn Levy said in court documents that Thompson saw Harrison beating Salazar in the head with a baseball bat. Thompson ordered Harrison to stop but Harrison struck Salazar a second time with the bat. Harrison was in a striking position when Thompson shot Harrison.
They say the actions taken by Thompson saved Salazar from further serious injury or even death and were in full compliance with standard and acceptable police procedures, the city's response to the lawsuit said.
Salazar was taken to an area hospital and was released four days later.
"The city will defend its actions in the lawsuit," White said Thursday.
At the time of the shooting, Harrison's family said the shooting was a tragedy beyond belief.
Frank Chávez, Harrison's uncle, has said his nephew was a good kid and had never been in trouble. Chávez has said he and his mother, Maria, raised Harrison since he was a toddler because both of his parents were in prison.
"This has devastated our family," Chávez said at the time. "The police could have handled this differently. He was just a little guy. Two big cops could have taken him down."
Chávez said his nephew was about 5-foot-5 and weighed only about 130 pounds.
The lawsuit asks for damages to be determined at trial. The case is currently set for a March 2007 trial date.
Tuesday, August 15, 2006
State Police Officer Charged With Battery
By Rene Romo, Journal Southern Bureau
LAS CRUCES— City police filed a criminal complaint Monday charging an off-duty State Police officer with aggravated battery for his alleged part in a fight last week.
Nicholas Zepeda, 23, was charged with two felony counts— aggravated battery with a deadly weapon and aggravated battery with intent to commit great bodily harm.
State Police spokesman Lt. Rick Anglada said Zepeda will be placed on administrative duties, pending the outcome of an internal investigation and the criminal case.
Zepeda, stationed in Española, was attending a training class in Las Cruces at the time of the incident, Anglada said.
According to a statement of facts filed in Magistrate Court, a dispute that began at a bar carried over to an apartment complex shortly after 2 a.m. Wednesday. Three men, including Zepeda, were involved in an altercation with Daniel Reyes, 23, of Las Cruces.
Amy Orlando, chief deputy district attorney, said prosecutors are considering filing charges against the two men who were with Zepeda. She said she did not expect charges would be filed against Reyes.
Reyes told an investigator that, as he was leaving the bar, he punched Zepeda because Zepeda allegedly insulted him.
Zepeda and two friends then drove to Reyes' apartment. Zepeda told police that as he approached Reyes, Reyes reached into the bed of his truck, grabbed a beer bottle and smashed it against Zepeda's head. A fight ensued.
Reyes told police he struck Zepeda with a bottle in self-defense after Zepeda and two other men arrived at his apartment complex and rushed him.
A witness told police a man matching Zepeda's description made "two quick stabbing movements" to Reyes' back with what appeared to be a piece of glass. Reyes suffered two puncture wounds to his back.
LAS CRUCES— City police filed a criminal complaint Monday charging an off-duty State Police officer with aggravated battery for his alleged part in a fight last week.
Nicholas Zepeda, 23, was charged with two felony counts— aggravated battery with a deadly weapon and aggravated battery with intent to commit great bodily harm.
State Police spokesman Lt. Rick Anglada said Zepeda will be placed on administrative duties, pending the outcome of an internal investigation and the criminal case.
Zepeda, stationed in Española, was attending a training class in Las Cruces at the time of the incident, Anglada said.
According to a statement of facts filed in Magistrate Court, a dispute that began at a bar carried over to an apartment complex shortly after 2 a.m. Wednesday. Three men, including Zepeda, were involved in an altercation with Daniel Reyes, 23, of Las Cruces.
Amy Orlando, chief deputy district attorney, said prosecutors are considering filing charges against the two men who were with Zepeda. She said she did not expect charges would be filed against Reyes.
Reyes told an investigator that, as he was leaving the bar, he punched Zepeda because Zepeda allegedly insulted him.
Zepeda and two friends then drove to Reyes' apartment. Zepeda told police that as he approached Reyes, Reyes reached into the bed of his truck, grabbed a beer bottle and smashed it against Zepeda's head. A fight ensued.
Reyes told police he struck Zepeda with a bottle in self-defense after Zepeda and two other men arrived at his apartment complex and rushed him.
A witness told police a man matching Zepeda's description made "two quick stabbing movements" to Reyes' back with what appeared to be a piece of glass. Reyes suffered two puncture wounds to his back.
Wednesday, August 2, 2006
Police Settle Death Lawsuit
Wednesday, August 2, 2006
By Martin Salazar
Journal Staff Writer
A lawsuit filed over the September 2004 State Police shooting that left a Chimayó man dead has been settled, parties on both sides of the case confirmed Tuesday.
The amount of the settlement— executed in late April— wasn't disclosed.
Leo Lopez, 44, was fatally shot by an undercover State Police narcotics agent during a drug investigation on Sept. 22, 2004. His family filed a wrongful death suit in October 2005 alleging that police failed to identify themselves, that the officer shot Lopez without provocation and that authorities then withheld medical treatment, causing his death.
State Police have said agents identified themselves as police officers when Lopez, who was inside his truck, "aggressively backed up in an apparent attempt to use his vehicle as a weapon against the officers." A State Police officer shot at the driver "while trying to protect himself and others from being severely injured or killed," the agency said.
An investigative grand jury determined in October that the shooting was justified, though the attorney representing the Lopez family has previously said that the grand jury may not have been given all the information in the case.
Plaintiffs attorney Robert Rothstein said he was bound by a confidentiality clause in the settlement and couldn't disclose how much the Lopez family was paid to drop its suit, which had been filed in state district court in Tierra Amarilla.
"My clients were very pleased with the overall settlement and glad to put it behind them," Rothstein said.
A stipulated order of dismissal dropping officer Sean Wallace, who the suit identified as the shooter, and Wallace's former supervisor Roman Jimenez as defendants was filed on April 26. On May 3, a stipulated dismissal order was filed dropping the suit against the remaining defendants— the State Police and the New Mexico Department of Public Safety.
DPS spokesman Peter Olson said he was prohibited by statute from disclosing the settlement amount, but he said the settlement wasn't an admission of wrongdoing by DPS or State Police.
"There are many, many reasons why lawsuits are settled," Olson said. "Among them are expediency and saving taxpayer money for prolonged lawsuits or trials."
Under state law, settlements handled by the state Risk Management Division remain confidential for six months.
Olson said Wallace is still a State Police officer. Jimenez, who had been overseeing the Region III narcotics task force, is now assistant district commander for the State Police district in Deming.
Wallace was named in another 2003 lawsuit alleging excessive force when he worked for State Police in Las Vegas. Wallace had been accused in the suit of battering a man after pulling him over without probable cause. The suit was settled for $19,999 in September 2005.
State Police have refused to confirm that Wallace was indeed the officer who fatally shot Lopez. The agency also has denied multiple requests from the Journal and other media outlets in New Mexico to inspect incident reports from the Sept. 22 shooting that resulted in Lopez's death.
The Journal, Santa Fe New Mexican, Rio Grande Sun and the Albuquerque-based New Mexico Foundation for Open Government filed suit against DPS in August 2005 to get access to the reports. That case is still pending.
By Martin Salazar
Journal Staff Writer
A lawsuit filed over the September 2004 State Police shooting that left a Chimayó man dead has been settled, parties on both sides of the case confirmed Tuesday.
The amount of the settlement— executed in late April— wasn't disclosed.
Leo Lopez, 44, was fatally shot by an undercover State Police narcotics agent during a drug investigation on Sept. 22, 2004. His family filed a wrongful death suit in October 2005 alleging that police failed to identify themselves, that the officer shot Lopez without provocation and that authorities then withheld medical treatment, causing his death.
State Police have said agents identified themselves as police officers when Lopez, who was inside his truck, "aggressively backed up in an apparent attempt to use his vehicle as a weapon against the officers." A State Police officer shot at the driver "while trying to protect himself and others from being severely injured or killed," the agency said.
An investigative grand jury determined in October that the shooting was justified, though the attorney representing the Lopez family has previously said that the grand jury may not have been given all the information in the case.
Plaintiffs attorney Robert Rothstein said he was bound by a confidentiality clause in the settlement and couldn't disclose how much the Lopez family was paid to drop its suit, which had been filed in state district court in Tierra Amarilla.
"My clients were very pleased with the overall settlement and glad to put it behind them," Rothstein said.
A stipulated order of dismissal dropping officer Sean Wallace, who the suit identified as the shooter, and Wallace's former supervisor Roman Jimenez as defendants was filed on April 26. On May 3, a stipulated dismissal order was filed dropping the suit against the remaining defendants— the State Police and the New Mexico Department of Public Safety.
DPS spokesman Peter Olson said he was prohibited by statute from disclosing the settlement amount, but he said the settlement wasn't an admission of wrongdoing by DPS or State Police.
"There are many, many reasons why lawsuits are settled," Olson said. "Among them are expediency and saving taxpayer money for prolonged lawsuits or trials."
Under state law, settlements handled by the state Risk Management Division remain confidential for six months.
Olson said Wallace is still a State Police officer. Jimenez, who had been overseeing the Region III narcotics task force, is now assistant district commander for the State Police district in Deming.
Wallace was named in another 2003 lawsuit alleging excessive force when he worked for State Police in Las Vegas. Wallace had been accused in the suit of battering a man after pulling him over without probable cause. The suit was settled for $19,999 in September 2005.
State Police have refused to confirm that Wallace was indeed the officer who fatally shot Lopez. The agency also has denied multiple requests from the Journal and other media outlets in New Mexico to inspect incident reports from the Sept. 22 shooting that resulted in Lopez's death.
The Journal, Santa Fe New Mexican, Rio Grande Sun and the Albuquerque-based New Mexico Foundation for Open Government filed suit against DPS in August 2005 to get access to the reports. That case is still pending.
Wednesday, July 19, 2006
Court Limits Schools' Search of Students
By Amy Miller, Journal Staff Writer
Students can't be searched just because a school official has a hunch they have done something illegal, the state Court of Appeals has ruled.
The ruling upheld a district court decision that two Rio Grande High School campus security aides didn't have reasonable suspicion to search a student who was "acting a little nervous" when approached.
The student, identified only as Pablo R., was found in possession of a weapon and drug paraphernalia. The ruling grants the student's request to suppress evidence in his juvenile case.
Assistant Attorney General Arthur Pepin said his office was disappointed.
"We feel the safety concerns the school expressed are legitimate, and it (the ruling) makes it more difficult for the school to provide a safe learning environment," Pepin said.
The decision was filed in April, and the state Supreme Court declined to review it in June.
Assistant Appellate Defender Nancy Hewitt said the court case should not change how schools operate.
The U.S. Supreme Court has established that school officials must have a good reason to suspect that students have violated the law or a school rule before searching them.
That has been Albuquerque Public Schools' policy for several years, APS spokesman Rigo Chavez said.
However, he said APS police officers and campus security aides will be briefed on the decision and others that define reasonable suspicion during annual training sessions.
Peter Simonson, executive director of the American Civil Liberties Union of New Mexico, said the decision does "clarify the rights that students have against unwarranted, unjustifiable searches of their person by school administrators."
"We have such a problem in our public schools with misunderstandings about where students' constitutional rights begin and end," he said.
Reasonable suspicion
The court said school officials don't need a search warrant or even probable cause to search a student's belongings.
But students have a constitutional right to privacy, so "the search of a student must still be reasonable under the circumstances in order to withstand constitutional scrutiny," wrote state Appeals Court Judge Michael Vigil. Judges Cynthia Fry and Ira Robinson concurred.
The court said school officials must have reasonable suspicion based on specific facts, and there must be a connection between what they searched for and what they found.
What reasonable suspicion actually means on school grounds to school officials has been a gray area, legal experts agreed.
"Reasonable suspicion is a standard that inevitably will vary from case to case, depending on the circumstances school officials find themselves in at the time," said Chief Public Defender John Bigelow.
In this case, the student was walking down a Rio Grande High hallway on Dec. 15, 2003, without a pass. He said he had been late to class and been instructed by his teacher to go to the office for a late pass.
A campus security aide stopped him and thought "something was wrong" because he seemed nervous and fidgety.
The student was directed to the security office, where two aides frisked him and searched his jacket. They found a pipe containing what appeared to be marijuana residue and a pair of brass knuckles.
The campus security aide admitted that when he stopped the student, he did not suspect any criminal activity or smell marijuana. He became concerned the student "might have a weapon or anything else like marijuana," because the student appeared nervous.
The Appeals Court said that didn't meet the test to allow a search.
"This was nothing more than a hunch and insufficient as a matter of law to provide reasonable suspicion to conduct the search," Vigil wrote. "Reasonable suspicion must exist at the inception of the search; the State cannot rely on facts which arise as a result of the search, such as the discovery of the weapon and drug paraphernalia on Child."
Students can't be searched just because a school official has a hunch they have done something illegal, the state Court of Appeals has ruled.
The ruling upheld a district court decision that two Rio Grande High School campus security aides didn't have reasonable suspicion to search a student who was "acting a little nervous" when approached.
The student, identified only as Pablo R., was found in possession of a weapon and drug paraphernalia. The ruling grants the student's request to suppress evidence in his juvenile case.
Assistant Attorney General Arthur Pepin said his office was disappointed.
"We feel the safety concerns the school expressed are legitimate, and it (the ruling) makes it more difficult for the school to provide a safe learning environment," Pepin said.
The decision was filed in April, and the state Supreme Court declined to review it in June.
Assistant Appellate Defender Nancy Hewitt said the court case should not change how schools operate.
The U.S. Supreme Court has established that school officials must have a good reason to suspect that students have violated the law or a school rule before searching them.
That has been Albuquerque Public Schools' policy for several years, APS spokesman Rigo Chavez said.
However, he said APS police officers and campus security aides will be briefed on the decision and others that define reasonable suspicion during annual training sessions.
Peter Simonson, executive director of the American Civil Liberties Union of New Mexico, said the decision does "clarify the rights that students have against unwarranted, unjustifiable searches of their person by school administrators."
"We have such a problem in our public schools with misunderstandings about where students' constitutional rights begin and end," he said.
Reasonable suspicion
The court said school officials don't need a search warrant or even probable cause to search a student's belongings.
But students have a constitutional right to privacy, so "the search of a student must still be reasonable under the circumstances in order to withstand constitutional scrutiny," wrote state Appeals Court Judge Michael Vigil. Judges Cynthia Fry and Ira Robinson concurred.
The court said school officials must have reasonable suspicion based on specific facts, and there must be a connection between what they searched for and what they found.
What reasonable suspicion actually means on school grounds to school officials has been a gray area, legal experts agreed.
"Reasonable suspicion is a standard that inevitably will vary from case to case, depending on the circumstances school officials find themselves in at the time," said Chief Public Defender John Bigelow.
In this case, the student was walking down a Rio Grande High hallway on Dec. 15, 2003, without a pass. He said he had been late to class and been instructed by his teacher to go to the office for a late pass.
A campus security aide stopped him and thought "something was wrong" because he seemed nervous and fidgety.
The student was directed to the security office, where two aides frisked him and searched his jacket. They found a pipe containing what appeared to be marijuana residue and a pair of brass knuckles.
The campus security aide admitted that when he stopped the student, he did not suspect any criminal activity or smell marijuana. He became concerned the student "might have a weapon or anything else like marijuana," because the student appeared nervous.
The Appeals Court said that didn't meet the test to allow a search.
"This was nothing more than a hunch and insufficient as a matter of law to provide reasonable suspicion to conduct the search," Vigil wrote. "Reasonable suspicion must exist at the inception of the search; the State cannot rely on facts which arise as a result of the search, such as the discovery of the weapon and drug paraphernalia on Child."
Thursday, July 6, 2006
Officer Involved In Fatal Shooting
By T.J. Wilham And Julie Medina, Journal Staff Writers
An off-duty Albuquerque police officer was involved in a fatal shooting that left his "stepfather," Kirk Carroll, dead in his doorway Tuesday night, police said.
Investigators suspect that Carroll, 48, was struggling with Officer Orlando Camacho for control of the officer's service-issued weapon when it discharged.
Carroll is being described to investigators as Camacho's "stepfather," said John Walsh, an Albuquerque police spokesman.
Walsh said investigators are trying to confirm the information but have yet to find official documents that verify the relationship.
According to tax records, the South Valley home, 1716 Desert Breeze SW, is owned by the two men.
Neighbors said Wednesday that Carroll and Camacho appeared to be father and son.
Camacho wasn't scheduled to work his normal shift and investigators are trying to determine why he was in uniform at the time of the shooting.
Within hours of the shooting, Camacho, a three-year member of the department, was placed on administrative leave and released from police custody. He did give a statement to investigators.
"This case is being investigated just like any other. We are making sure that this investigation is conducted with the utmost integrity," Police Chief Ray Schultz said. "This is not an officer-involved shooting. This is a shooting involving someone who is an officer."
Police said they would submit the investigation to the Bernalillo County District Attorney's Office, which will decide whether charges will be filed.
According to police, at 11:05 p.m., Camacho called on his radio that he needed an ambulance and a rescue unit sent to his home for an "emergency situation."
When rescue crews arrived, they found Carroll dead, lying in the doorway.
Investigators said Camacho had just pulled into the driveway in his squad car and within minutes got into an argument with Carroll over "life issues," Walsh said.
Walsh said the dispute had been brewing over a long time.
The argument eventually turned into a struggle for the gun, police said. Investigators don't know if Camacho drew the weapon.
Walsh said tests will be done to determine who was in control of the gun when it fired.
"It is so preliminary in the investigation right now," Walsh said.
Neighbor Christine Shugars said occasionally she could hear Carroll yelling at Camacho.
"He wasn't nice to his son," Shugars said.
She said when she asked Carroll to join the neighborhood association he was "rude" and told her he didn't care what happens in the neighborhood.
"He just flat wasn't the friendliest," she said.
However, Shugars' daughter, Trudy McKenzie, said Camacho is known around the area to be "pretty friendly."
She said when one neighbor came home and found her house had been broken into, Camacho checked out the home to make sure it was safe for her.
Another neighbor, Irene Ornelas, said the two men were frequently outside working on the yard or the home and appeared friendly.
"Whenever we passed by (Carroll) would smile or nod," she said.
None of the neighbors said they heard anything late Tuesday beside fireworks and a lightning storm.
About five hours before the incident, Joshua Thomas was arriving at a friend's home just a few homes away from where the shooting occurred.
As he passed the home, he saw Carroll standing outside, wearing beige pants and a white T-shirt.
"I waved to him," Thomas said. "He waved back."
Camacho was in uniform and driving off in his squad car, Thomas said.
"He didn't look disturbed," he said.
Gary E. Salazar of the Journal contributed to this report.
An off-duty Albuquerque police officer was involved in a fatal shooting that left his "stepfather," Kirk Carroll, dead in his doorway Tuesday night, police said.
Investigators suspect that Carroll, 48, was struggling with Officer Orlando Camacho for control of the officer's service-issued weapon when it discharged.
Carroll is being described to investigators as Camacho's "stepfather," said John Walsh, an Albuquerque police spokesman.
Walsh said investigators are trying to confirm the information but have yet to find official documents that verify the relationship.
According to tax records, the South Valley home, 1716 Desert Breeze SW, is owned by the two men.
Neighbors said Wednesday that Carroll and Camacho appeared to be father and son.
Camacho wasn't scheduled to work his normal shift and investigators are trying to determine why he was in uniform at the time of the shooting.
Within hours of the shooting, Camacho, a three-year member of the department, was placed on administrative leave and released from police custody. He did give a statement to investigators.
"This case is being investigated just like any other. We are making sure that this investigation is conducted with the utmost integrity," Police Chief Ray Schultz said. "This is not an officer-involved shooting. This is a shooting involving someone who is an officer."
Police said they would submit the investigation to the Bernalillo County District Attorney's Office, which will decide whether charges will be filed.
According to police, at 11:05 p.m., Camacho called on his radio that he needed an ambulance and a rescue unit sent to his home for an "emergency situation."
When rescue crews arrived, they found Carroll dead, lying in the doorway.
Investigators said Camacho had just pulled into the driveway in his squad car and within minutes got into an argument with Carroll over "life issues," Walsh said.
Walsh said the dispute had been brewing over a long time.
The argument eventually turned into a struggle for the gun, police said. Investigators don't know if Camacho drew the weapon.
Walsh said tests will be done to determine who was in control of the gun when it fired.
"It is so preliminary in the investigation right now," Walsh said.
Neighbor Christine Shugars said occasionally she could hear Carroll yelling at Camacho.
"He wasn't nice to his son," Shugars said.
She said when she asked Carroll to join the neighborhood association he was "rude" and told her he didn't care what happens in the neighborhood.
"He just flat wasn't the friendliest," she said.
However, Shugars' daughter, Trudy McKenzie, said Camacho is known around the area to be "pretty friendly."
She said when one neighbor came home and found her house had been broken into, Camacho checked out the home to make sure it was safe for her.
Another neighbor, Irene Ornelas, said the two men were frequently outside working on the yard or the home and appeared friendly.
"Whenever we passed by (Carroll) would smile or nod," she said.
None of the neighbors said they heard anything late Tuesday beside fireworks and a lightning storm.
About five hours before the incident, Joshua Thomas was arriving at a friend's home just a few homes away from where the shooting occurred.
As he passed the home, he saw Carroll standing outside, wearing beige pants and a white T-shirt.
"I waved to him," Thomas said. "He waved back."
Camacho was in uniform and driving off in his squad car, Thomas said.
"He didn't look disturbed," he said.
Gary E. Salazar of the Journal contributed to this report.
Monday, May 22, 2006
APD Officer Involved In Fatal Crash
Monday, May 22, 2006
By Miguel Navrot and Jeff Proctor
Journal Staff Writers
An Albuquerque grandmother sitting at a picnic table with family members died early Sunday after a police car crashed through a cinder-block wall, pinning the 73-year-old against the table.
Flora Aragon had been in the front yard of the family home around midnight, enjoying the cool air and chatting with her daughter and her daughter's boyfriend when the squad car slammed onto the property.
Crash Kills Grandma
Lucas Coshenet/Journal
Shantel Perez looks at the shrine placed in honor of her grandmother Flora Aragon, 73.
The crash killed Aragon and injured the other two.
But it is the police's handling of the crash, which happened on Crestview SW near West Central and 53rd Street, that family members talked about most Sunday.
As they gathered for a candlelight vigil for Aragon, they pointed out the dried blood stains on the picnic table.
"The police department's not telling us anything," said Denise Baker, one of Aragon's 29 grandchildren. "They're not offering condolences. They're being rude to us, like we're the criminals here."
A multi-agency group is investigating the crash, which involved a rookie officer identified as Zachariah Floyd, 23, Albuquerque police spokesman John Walsh said. Much of that investigation is expected to be completed this week.
"This is a tragedy, just an absolute tragedy," Walsh said Sunday. "The officer is extraordinarily upset over the events and, obviously, so, too, is the family of the victim."
The crash happened as police answered a domestic violence call in the West Side neighborhood.
Floyd, responding to the call, was preparing to park his squad car when another vehicle veered alongside, Walsh said. Floyd steered sharply, struck a curb and drove through the 2-foot high cinder-block fence.
The impact struck Aragon from behind, family said, pinning her between the car and the wooden picnic table.
The crash also injured her daughter Tonnie Sanchez, 52, of Albuquerque and Sanchez's boyfriend, Ismael Villalobo, 39.
Rescuers took Aragon to the University of New Mexico Hospital, where she was pronounced dead.
An inter-agency team composed of Albuquerque police, Bernalillo County Sheriff's Office and State Police is investigating the crash, Walsh said.
The local District Attorney's Office is expected to oversee and review the investigation.
Floyd is on three-day paid administrative, pending the investigation, Walsh said.
Neither alcohol nor speed appears to have been a factor in the crash, Walsh said. Authorities took breath and blood tests from Floyd after the crash.
"We've done breath tests and a blood draw, which is standard on all fatals," Walsh said. "In any event, neither of the two factors appears to have been present at the onset of this investigation. It is, however, still ongoing."
Walsh noted that the airbags on Floyd's cruiser didn't deploy. A deployed airbag can indicate high speed.
Walsh said it is "very unlikely" Floyd will face a vehicular homicide charge. He added that, for such a case to be made, the driver must either have been intoxicated or driving recklessly at the time of the crash.
Aragon's family disputed the contention that Floyd wasn't driving recklessly. The cinder-block wall that was toppled in the crash was reinforced with metal rebar, family said.
Further, they said, flying debris punched at least two holes in the home, one through an exterior wall and another through the wood door.
"We left this here because it tells a story," Baker said of the blood-stained picnic table, which authorities cut through to extract Aragon.
Baker said another granddaughter of Aragon's who arrived at the home after the accident was tackled by police after she started taking photos of the scene. Officers confiscated the camera and hadn't returned it as of Sunday night, Baker said.
"We feel the cops are covering up the incident a little bit," Baker said. Other family members agreed.
Baker did have compliments, however, for a violent crimes detective who personally offered flowers, condolences and assistance with memorial services.
On Sunday, as debris and fallen plants covered the crash site, family placed fresh flowers and photographs of Aragon next to the shattered picnic table. Photos included snapshots and portraits from when she was 10 years old through this past New Year's.
Aragon came to Albuquerque in 1965 from Del Norte, Colo., a town in the San Luis Valley. She had six children.
A parishioner of St. Therese of the Little Flower Church, Aragon retired as an inspector for Honeywell in Albuquerque, family said.
Services are pending.
By Miguel Navrot and Jeff Proctor
Journal Staff Writers
An Albuquerque grandmother sitting at a picnic table with family members died early Sunday after a police car crashed through a cinder-block wall, pinning the 73-year-old against the table.
Flora Aragon had been in the front yard of the family home around midnight, enjoying the cool air and chatting with her daughter and her daughter's boyfriend when the squad car slammed onto the property.
Crash Kills Grandma
Lucas Coshenet/Journal
Shantel Perez looks at the shrine placed in honor of her grandmother Flora Aragon, 73.
The crash killed Aragon and injured the other two.
But it is the police's handling of the crash, which happened on Crestview SW near West Central and 53rd Street, that family members talked about most Sunday.
As they gathered for a candlelight vigil for Aragon, they pointed out the dried blood stains on the picnic table.
"The police department's not telling us anything," said Denise Baker, one of Aragon's 29 grandchildren. "They're not offering condolences. They're being rude to us, like we're the criminals here."
A multi-agency group is investigating the crash, which involved a rookie officer identified as Zachariah Floyd, 23, Albuquerque police spokesman John Walsh said. Much of that investigation is expected to be completed this week.
"This is a tragedy, just an absolute tragedy," Walsh said Sunday. "The officer is extraordinarily upset over the events and, obviously, so, too, is the family of the victim."
The crash happened as police answered a domestic violence call in the West Side neighborhood.
Floyd, responding to the call, was preparing to park his squad car when another vehicle veered alongside, Walsh said. Floyd steered sharply, struck a curb and drove through the 2-foot high cinder-block fence.
The impact struck Aragon from behind, family said, pinning her between the car and the wooden picnic table.
The crash also injured her daughter Tonnie Sanchez, 52, of Albuquerque and Sanchez's boyfriend, Ismael Villalobo, 39.
Rescuers took Aragon to the University of New Mexico Hospital, where she was pronounced dead.
An inter-agency team composed of Albuquerque police, Bernalillo County Sheriff's Office and State Police is investigating the crash, Walsh said.
The local District Attorney's Office is expected to oversee and review the investigation.
Floyd is on three-day paid administrative, pending the investigation, Walsh said.
Neither alcohol nor speed appears to have been a factor in the crash, Walsh said. Authorities took breath and blood tests from Floyd after the crash.
"We've done breath tests and a blood draw, which is standard on all fatals," Walsh said. "In any event, neither of the two factors appears to have been present at the onset of this investigation. It is, however, still ongoing."
Walsh noted that the airbags on Floyd's cruiser didn't deploy. A deployed airbag can indicate high speed.
Walsh said it is "very unlikely" Floyd will face a vehicular homicide charge. He added that, for such a case to be made, the driver must either have been intoxicated or driving recklessly at the time of the crash.
Aragon's family disputed the contention that Floyd wasn't driving recklessly. The cinder-block wall that was toppled in the crash was reinforced with metal rebar, family said.
Further, they said, flying debris punched at least two holes in the home, one through an exterior wall and another through the wood door.
"We left this here because it tells a story," Baker said of the blood-stained picnic table, which authorities cut through to extract Aragon.
Baker said another granddaughter of Aragon's who arrived at the home after the accident was tackled by police after she started taking photos of the scene. Officers confiscated the camera and hadn't returned it as of Sunday night, Baker said.
"We feel the cops are covering up the incident a little bit," Baker said. Other family members agreed.
Baker did have compliments, however, for a violent crimes detective who personally offered flowers, condolences and assistance with memorial services.
On Sunday, as debris and fallen plants covered the crash site, family placed fresh flowers and photographs of Aragon next to the shattered picnic table. Photos included snapshots and portraits from when she was 10 years old through this past New Year's.
Aragon came to Albuquerque in 1965 from Del Norte, Colo., a town in the San Luis Valley. She had six children.
A parishioner of St. Therese of the Little Flower Church, Aragon retired as an inspector for Honeywell in Albuquerque, family said.
Services are pending.
Sunday, May 21, 2006
Birthday plans end in fatal crash
by Megan Arredondo
Tribune Reporter
Sunday, May 21, 2006
It was just after midnight, and 74-year-old Flora Aragon was getting ready to bake a birthday cake for a granddaughter who was turning 10 that day.
Aragon sat at a wooden picnic table early Sunday in her front lawn at 5208 Crestview Place S.W. with daughter Tonnie Sanchez and her daughter's friend Ismael Villalobo, the eggs and cake decorations in front of her.
She never got to make the cake.
Albuquerque police Officer Zachariah Floyd, 23 and a rookie of less than a year, crashed his cruiser through a low cinder-block wall surrounding Aragon's home and into the three.
Sanchez, 52, said she and Villalobo were thrown several yards.
Her mother was not so lucky.
The vehicle hit her from behind and pinned her against the picnic table and bench.
"My mom didn't even see it coming," Sanchez said.
Aragon died after being transported to University of New Mexico Hospital, police said.
John Walsh, spokesman for the Albuquerque Police Department, said Floyd was responding to a domestic violence call in the 200 block of 53rd Street Southwest when the crash occurred.
Floyd was traveling south on 53rd Street and was passing another southbound vehicle when the other driver turned left, into his path, Walsh said.
It forced Floyd to veer into Aragon's yard, Walsh said.
The officer did not have emergency lights or sirens on when the crash occurred, but that is common practice when approaching a domestic violence disturbance, Walsh said.
While the investigation continues, it doesn't appear Floyd was speeding because his car's air bag did not inflate in the crash, Walsh said. Floyd was not injured in the crash, Walsh said.
Sanchez said Floyd didn't immediately try to help her or her mother.
"I laid there on that (patio) floor in pain for 45 minutes before anyone came to me," Sanchez said. "It took them forever."
Walsh, however, said rescue units arrived within four minutes of the call.
Sanchez suffered lacerations on her leg and thigh and required stitches for a cut on her arm. Villalobo had minor cuts on his head, lip and back, she said.
Meanwhile, Aragon remained pinned in front of her home.
Family members say emergency respondents didn't come prepared, lacking equipment that could've expedited the rescue.
"They were yanking her (Aragon) by the arm," said Eva Marie Candelaria, one of Aragon's grandchildren.
Emergency workers eventually cut apart the wooden table that pinned her, Candelaria said.
On Sunday afternoon, more than half a day after the crash, pieces of the table and bench still lay in front of the house like a bloodied jigsaw puzzle. Broken cinder block was strewn across the front yard, some of the pieces marked with dried blood.
A makeshift memorial of flowers, candles and photographs were placed amid the rubble where Aragon was trapped.
"She was a wonderful person," son Alvin Aragon said. "A wonderful mother."
His mother built the bench and table set she was pinned against, he said, along with the wooden fences on the side of her home.
Granddaughter Denise Baker said Aragon lived for her family.
"Life without one of her kids was not life," Baker said. "Family was everything."
She said she was devastated when she got the phone call that her grandmother had died.
"I could feel everything in my body leave," she said wearing a T-shirt stained with her grandmother's blood. "We were all in shock; it still hasn't settled in. We're still waiting for her to get up."
The most upsetting part for Baker and other family members was the way police treated them, she said.
Baker said police confiscated a camera one family member was using to photograph the crash scene.
She also said police called in the crash as "bravo," meaning injuries were minor, rather than "delta," which meant there were serious injuries. As a result, Baker said, the emergency crew was unprepared for what it found.
"Who's to say what would've happened if it was done properly," Baker said. "They were more concerned about getting the officer, who didn't have any injuries, out."
Walsh said Albuquerque police don't differentiate when they report a wreck with injuries.
A second officer arrived at the scene shortly after the crash and called for aid, Walsh said. "You couldn't have any faster response" than occurred, he said.
Walsh said the crash is under investigation by a team consisting of representatives from the Police Department, State Police, Bernalillo County Sheriff's Department and the District Attorney's Office.
Floyd has been put on paid administrative leave for 72 hours while the investigation is being conducted, he said.
Baker said the family is looking for an apology from the Police Department.
"We want some respect," she said. "They took her life and walked away like they did nothing wrong. . . . They're supposed to be there to serve and protect. Well, they didn't serve and protect her."
Tribune Reporter
Sunday, May 21, 2006
It was just after midnight, and 74-year-old Flora Aragon was getting ready to bake a birthday cake for a granddaughter who was turning 10 that day.
Aragon sat at a wooden picnic table early Sunday in her front lawn at 5208 Crestview Place S.W. with daughter Tonnie Sanchez and her daughter's friend Ismael Villalobo, the eggs and cake decorations in front of her.
She never got to make the cake.
Albuquerque police Officer Zachariah Floyd, 23 and a rookie of less than a year, crashed his cruiser through a low cinder-block wall surrounding Aragon's home and into the three.
Sanchez, 52, said she and Villalobo were thrown several yards.
Her mother was not so lucky.
The vehicle hit her from behind and pinned her against the picnic table and bench.
"My mom didn't even see it coming," Sanchez said.
Aragon died after being transported to University of New Mexico Hospital, police said.
John Walsh, spokesman for the Albuquerque Police Department, said Floyd was responding to a domestic violence call in the 200 block of 53rd Street Southwest when the crash occurred.
Floyd was traveling south on 53rd Street and was passing another southbound vehicle when the other driver turned left, into his path, Walsh said.
It forced Floyd to veer into Aragon's yard, Walsh said.
The officer did not have emergency lights or sirens on when the crash occurred, but that is common practice when approaching a domestic violence disturbance, Walsh said.
While the investigation continues, it doesn't appear Floyd was speeding because his car's air bag did not inflate in the crash, Walsh said. Floyd was not injured in the crash, Walsh said.
Sanchez said Floyd didn't immediately try to help her or her mother.
"I laid there on that (patio) floor in pain for 45 minutes before anyone came to me," Sanchez said. "It took them forever."
Walsh, however, said rescue units arrived within four minutes of the call.
Sanchez suffered lacerations on her leg and thigh and required stitches for a cut on her arm. Villalobo had minor cuts on his head, lip and back, she said.
Meanwhile, Aragon remained pinned in front of her home.
Family members say emergency respondents didn't come prepared, lacking equipment that could've expedited the rescue.
"They were yanking her (Aragon) by the arm," said Eva Marie Candelaria, one of Aragon's grandchildren.
Emergency workers eventually cut apart the wooden table that pinned her, Candelaria said.
On Sunday afternoon, more than half a day after the crash, pieces of the table and bench still lay in front of the house like a bloodied jigsaw puzzle. Broken cinder block was strewn across the front yard, some of the pieces marked with dried blood.
A makeshift memorial of flowers, candles and photographs were placed amid the rubble where Aragon was trapped.
"She was a wonderful person," son Alvin Aragon said. "A wonderful mother."
His mother built the bench and table set she was pinned against, he said, along with the wooden fences on the side of her home.
Granddaughter Denise Baker said Aragon lived for her family.
"Life without one of her kids was not life," Baker said. "Family was everything."
She said she was devastated when she got the phone call that her grandmother had died.
"I could feel everything in my body leave," she said wearing a T-shirt stained with her grandmother's blood. "We were all in shock; it still hasn't settled in. We're still waiting for her to get up."
The most upsetting part for Baker and other family members was the way police treated them, she said.
Baker said police confiscated a camera one family member was using to photograph the crash scene.
She also said police called in the crash as "bravo," meaning injuries were minor, rather than "delta," which meant there were serious injuries. As a result, Baker said, the emergency crew was unprepared for what it found.
"Who's to say what would've happened if it was done properly," Baker said. "They were more concerned about getting the officer, who didn't have any injuries, out."
Walsh said Albuquerque police don't differentiate when they report a wreck with injuries.
A second officer arrived at the scene shortly after the crash and called for aid, Walsh said. "You couldn't have any faster response" than occurred, he said.
Walsh said the crash is under investigation by a team consisting of representatives from the Police Department, State Police, Bernalillo County Sheriff's Department and the District Attorney's Office.
Floyd has been put on paid administrative leave for 72 hours while the investigation is being conducted, he said.
Baker said the family is looking for an apology from the Police Department.
"We want some respect," she said. "They took her life and walked away like they did nothing wrong. . . . They're supposed to be there to serve and protect. Well, they didn't serve and protect her."
Friday, March 31, 2006
Ex-Cop Gets 15 Years in Assaults
By Scott Sandlin , Journal Staff Writer
Ex-cop Christopher Chase, a man who once put people in handcuffs, saw them slipped on his wrists by court officers Thursday after he was sentenced to the maximum possible penalty— 15 years behind bars.
Despite his attorney's request for voluntary surrender, Chase was taken into custody as soon as the sentencing hearing ended— to wails from his family.
Chase, 31, an Albuquerque Police Department officer fired after his indictment on multiple sexual assault and kidnapping charges in June 2003, entered a plea in February acknowledging he could be convicted if he went to trial. The so-called Alford plea was to 10 counts of criminal sexual penetration, kidnapping and other crimes related to six victims.
District Judge Denise Barela Shepherd then found him guilty.
But Chase and family members speaking on his behalf continued to insist his innocence and said he took the plea only to provide some resolution for his young family. His daughters, ages 1 and 4, and his wife, Darla, appeared at the hearing as they have for virtually every court event in the longstanding case.
His wife, who said there were mistakes in the investigation, emotionally threw her arms around Chase before he was ordered to prison.
A succession of victims also offered emotional evocations of their experiences with Chase, whom they never knew before their official encounters with him. The women, some of whom were high school teens at the time the crimes were committed, spoke of the lasting effects of the assaults on them and their families.
Veronica Edwell, pulled over by Chase for an alleged traffic infraction and assaulted, and Marissa Senigo, who was 16 when she was pulled over by Chase in 2002, said they fear police when they see them.
Prosecutor Michael Fricke, urging the maximum penalty, said Chase had figuratively raped the city as well as the individual victims.
Detective Monte Curtis said that, until he investigated, he would never have believed a police officer capable of the assaults. Chase has eroded years of work building relations between police and the community, he said.
Defense attorney Jacquelyn Robins urged Shepherd to sentence Chase to five years in prison and 20 years probation. As an ex-cop, she said, her client will have to remain in protective custody— meaning 23 hours a day in his cell.
She said Chase took the plea despite his desire for a trial because, if he'd been convicted of even one set of incidents in the indictment, he could have faced an even longer sentence.
Ex-cop Christopher Chase, a man who once put people in handcuffs, saw them slipped on his wrists by court officers Thursday after he was sentenced to the maximum possible penalty— 15 years behind bars.
Despite his attorney's request for voluntary surrender, Chase was taken into custody as soon as the sentencing hearing ended— to wails from his family.
Chase, 31, an Albuquerque Police Department officer fired after his indictment on multiple sexual assault and kidnapping charges in June 2003, entered a plea in February acknowledging he could be convicted if he went to trial. The so-called Alford plea was to 10 counts of criminal sexual penetration, kidnapping and other crimes related to six victims.
District Judge Denise Barela Shepherd then found him guilty.
But Chase and family members speaking on his behalf continued to insist his innocence and said he took the plea only to provide some resolution for his young family. His daughters, ages 1 and 4, and his wife, Darla, appeared at the hearing as they have for virtually every court event in the longstanding case.
His wife, who said there were mistakes in the investigation, emotionally threw her arms around Chase before he was ordered to prison.
A succession of victims also offered emotional evocations of their experiences with Chase, whom they never knew before their official encounters with him. The women, some of whom were high school teens at the time the crimes were committed, spoke of the lasting effects of the assaults on them and their families.
Veronica Edwell, pulled over by Chase for an alleged traffic infraction and assaulted, and Marissa Senigo, who was 16 when she was pulled over by Chase in 2002, said they fear police when they see them.
Prosecutor Michael Fricke, urging the maximum penalty, said Chase had figuratively raped the city as well as the individual victims.
Detective Monte Curtis said that, until he investigated, he would never have believed a police officer capable of the assaults. Chase has eroded years of work building relations between police and the community, he said.
Defense attorney Jacquelyn Robins urged Shepherd to sentence Chase to five years in prison and 20 years probation. As an ex-cop, she said, her client will have to remain in protective custody— meaning 23 hours a day in his cell.
She said Chase took the plea despite his desire for a trial because, if he'd been convicted of even one set of incidents in the indictment, he could have faced an even longer sentence.
Thursday, March 30, 2006
Former Albuquerque Officer Sentenced in Plea Deal
Thursday, March 30, 2006
Associated Press
A former Albuquerque police officer accused of sexually assaulting and beating motorists was sentenced Thursday to 15 years in prison.
State District Judge Denise Barela Shepherd sentenced Christopher Chase to 60 years, but suspended all but 15 years — the maximum allowed under a plea deal Chase reached with prosecutors in January. She also sentenced Chase to five years of probation upon his release.
The judge rejected a defense proposal to give him a shorter prison sentence and 20 years of probation.
He had entered Alford pleas to 10 counts involving the alleged attacks, which occurred between 2001 and 2003 while he was a patrolman. Under an Alford plea, the defendant does not admit guilt, but acknowledges prosecutors may have enough evidence for a conviction.
Shepherd said Chase will be put in protective custody in prison because of his law enforcement background.
Assistant District Attorney Michael Fricke said Chase violated the public trust, his uniform and his badge.
"Chase is more than a rapist who rapes victims,'' he said. "He raped the city.''
Several people who spoke on Chase's behalf said he could not have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man,'' said his wife, Darla.
Chase could have been sentenced to more than 140 years had he been found guilty of all the charges at trial.
Prosecutors accused Chase of randomly selecting vehicles to pull over, then forcing himself on the motorist. The incidents occurred both while Chase was on- and off-duty and while he was using his marked police car.
Chase was fired from the department after he was indicted June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
The plea agreement includes four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Associated Press
A former Albuquerque police officer accused of sexually assaulting and beating motorists was sentenced Thursday to 15 years in prison.
State District Judge Denise Barela Shepherd sentenced Christopher Chase to 60 years, but suspended all but 15 years — the maximum allowed under a plea deal Chase reached with prosecutors in January. She also sentenced Chase to five years of probation upon his release.
The judge rejected a defense proposal to give him a shorter prison sentence and 20 years of probation.
He had entered Alford pleas to 10 counts involving the alleged attacks, which occurred between 2001 and 2003 while he was a patrolman. Under an Alford plea, the defendant does not admit guilt, but acknowledges prosecutors may have enough evidence for a conviction.
Shepherd said Chase will be put in protective custody in prison because of his law enforcement background.
Assistant District Attorney Michael Fricke said Chase violated the public trust, his uniform and his badge.
"Chase is more than a rapist who rapes victims,'' he said. "He raped the city.''
Several people who spoke on Chase's behalf said he could not have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man,'' said his wife, Darla.
Chase could have been sentenced to more than 140 years had he been found guilty of all the charges at trial.
Prosecutors accused Chase of randomly selecting vehicles to pull over, then forcing himself on the motorist. The incidents occurred both while Chase was on- and off-duty and while he was using his marked police car.
Chase was fired from the department after he was indicted June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
The plea agreement includes four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Wednesday, March 29, 2006
Ex-APD officer gets 15 years in prison
By Joline Gutierrez Krueger, Albuquerque Tribune
Posted 3:45 p.m. Former Albuquerque police Officer Christopher Chase will spend the next 15 years in prison after being sentenced today for the sexual assaults or beatings he dealt out to seven motorists from 2001 to 2003.
CHASE LAWSUITS
Besides the criminal charges, former Albuquerque police officer Christopher Chase was also named in six lawsuits, filed in federal and state courts.
All cases have been settled, costing the city about $3 million.
State District Judge Denise Barela Shepherd rejected a proposal from Chase's attorneys for a lesser sentence but a 20-year-probation.
Instead, she gave Chase the maximum allowable sentence under terms of a plea agreement signed in January.
And because of his law enforcement background, Chase will be placed in protective custody, Shepherd said. He will spend 23 hours a day in his cell.
The former officer entered Alford pleas in January to 10 counts involving attacks on motorists while he was a patrolman based in the Foothills Area Command.
An Alford plea does not admit guilt but acknowledges that enough evidence exists to convict. In the state's eyes, it is equivalent to a guilty plea.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was both on- and off-duty, and while he was using his marked police car.
The victims include three women and three teenage girls. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Tears flowed freely during the emotional sentencing hearing. Several victims spoke, saying they no longer trusted authorities, including police, and that the assaults had changed their lives forever.
Assistant District Attorney Michael Fricke called Chase a serial rapist. "Chase is more than a rapist who rapes victims," he said. "He raped the city."
The former officer violated the public trust, his uniform and his badge, Fricke said.
Several people spoke on Chase's behalf, denying that he could have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man," said his wife, Darla.
She then started crying, prompting Chase to cry.
Chase was fired from the Albuquerque Police Department after being indicted in June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
He was freed on $15,000 bond, but Shepherd in January ordered him into the Community Custody Program, where he was forced to wear an ankle monitor and check in regularly.
Until recently, he had been employed as a foreman for a construction company.
Today the judge denied a request from Chase's attorney, Jacquelyn Robins, that Chase be allowed to turn himself in.
Shepherd ordered him taken into custody immediately. He will need protective custody even during his processing at the Central Mexico Correctional Facility in Los Lunas.
Posted 3:45 p.m. Former Albuquerque police Officer Christopher Chase will spend the next 15 years in prison after being sentenced today for the sexual assaults or beatings he dealt out to seven motorists from 2001 to 2003.
CHASE LAWSUITS
Besides the criminal charges, former Albuquerque police officer Christopher Chase was also named in six lawsuits, filed in federal and state courts.
All cases have been settled, costing the city about $3 million.
State District Judge Denise Barela Shepherd rejected a proposal from Chase's attorneys for a lesser sentence but a 20-year-probation.
Instead, she gave Chase the maximum allowable sentence under terms of a plea agreement signed in January.
And because of his law enforcement background, Chase will be placed in protective custody, Shepherd said. He will spend 23 hours a day in his cell.
The former officer entered Alford pleas in January to 10 counts involving attacks on motorists while he was a patrolman based in the Foothills Area Command.
An Alford plea does not admit guilt but acknowledges that enough evidence exists to convict. In the state's eyes, it is equivalent to a guilty plea.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was both on- and off-duty, and while he was using his marked police car.
The victims include three women and three teenage girls. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Tears flowed freely during the emotional sentencing hearing. Several victims spoke, saying they no longer trusted authorities, including police, and that the assaults had changed their lives forever.
Assistant District Attorney Michael Fricke called Chase a serial rapist. "Chase is more than a rapist who rapes victims," he said. "He raped the city."
The former officer violated the public trust, his uniform and his badge, Fricke said.
Several people spoke on Chase's behalf, denying that he could have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man," said his wife, Darla.
She then started crying, prompting Chase to cry.
Chase was fired from the Albuquerque Police Department after being indicted in June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
He was freed on $15,000 bond, but Shepherd in January ordered him into the Community Custody Program, where he was forced to wear an ankle monitor and check in regularly.
Until recently, he had been employed as a foreman for a construction company.
Today the judge denied a request from Chase's attorney, Jacquelyn Robins, that Chase be allowed to turn himself in.
Shepherd ordered him taken into custody immediately. He will need protective custody even during his processing at the Central Mexico Correctional Facility in Los Lunas.
Saturday, March 18, 2006
Cop Fired In DWI Cover-Up
By T.J. Wilham, Journal Staff Writer
Albuquerque Police Chief Ray Schultz fired one of his officers Friday for her role in trying to cover up an alcohol-related crash involving a fellow cop.
Sara Harris, 23, a 21/2-year member of the department, has 10 days to appeal the firing.
"We are sending a very clear and strong message to the department and to the community that we hold people accountable," Schultz said. "The facts of the case are at a level where termination is the only option."
Contacted Friday, Harris referred questions to her attorney, who was out of town. Harris said she had yet to discuss with her lawyer whether she will appeal the termination. She said she learned she lost her job through news reports Friday.
An internal investigation found that Harris was in uniform working an overtime shift at a Northeast Heights bar on March 9 when she left her post to pick up officer Brandon Wilcox, 25, who is accused of wrecking his squad car while intoxicated.
Harris took Wilcox home, and moments later, Wilcox's 19-year-old brother, Bryan, showed up at the crash site in the 5500 block of Comanche NE. The younger Wilcox sat in the driver's seat, called police and waited at the scene, court records state.
When officers arrived, he told them he had stolen his brother's police car to pull a prank on some friends.
Meanwhile, Harris went back to her post working security.
Eventually, Bryan Wilcox admitted that he wasn't driving and directed officers to his brother's home nearby, records state.
There, officers found Brandon Wilcox, whose blood-alcohol content was tested at 0.20.
Investigators learned Harris might be involved after another officer came forward, Schultz said.
At the time of the crash, Harris was working chief's overtime, a program in which businesses can hire officers to work security.
On Thursday, Brandon Wilcox, who was arrested on aggravated DWI charges, resigned from the department.
Had Wilcox not resigned, Schultz said, Wilcox would have been terminated.
Albuquerque Police Chief Ray Schultz fired one of his officers Friday for her role in trying to cover up an alcohol-related crash involving a fellow cop.
Sara Harris, 23, a 21/2-year member of the department, has 10 days to appeal the firing.
"We are sending a very clear and strong message to the department and to the community that we hold people accountable," Schultz said. "The facts of the case are at a level where termination is the only option."
Contacted Friday, Harris referred questions to her attorney, who was out of town. Harris said she had yet to discuss with her lawyer whether she will appeal the termination. She said she learned she lost her job through news reports Friday.
An internal investigation found that Harris was in uniform working an overtime shift at a Northeast Heights bar on March 9 when she left her post to pick up officer Brandon Wilcox, 25, who is accused of wrecking his squad car while intoxicated.
Harris took Wilcox home, and moments later, Wilcox's 19-year-old brother, Bryan, showed up at the crash site in the 5500 block of Comanche NE. The younger Wilcox sat in the driver's seat, called police and waited at the scene, court records state.
When officers arrived, he told them he had stolen his brother's police car to pull a prank on some friends.
Meanwhile, Harris went back to her post working security.
Eventually, Bryan Wilcox admitted that he wasn't driving and directed officers to his brother's home nearby, records state.
There, officers found Brandon Wilcox, whose blood-alcohol content was tested at 0.20.
Investigators learned Harris might be involved after another officer came forward, Schultz said.
At the time of the crash, Harris was working chief's overtime, a program in which businesses can hire officers to work security.
On Thursday, Brandon Wilcox, who was arrested on aggravated DWI charges, resigned from the department.
Had Wilcox not resigned, Schultz said, Wilcox would have been terminated.
Friday, March 10, 2006
APD Cop Accused of DWI
By T.J. Wilham, Journal Staff Writer
An off-duty Albuquerque police officer was arrested on suspicion of drunken driving after police say he wrecked his take-home patrol car and got his brother to claim responsibility.
When other officers found the wrecked car in Northeast Albuquerque early Thursday morning, officer Brandon Wilcox's younger brother, Bryan, was in the driver's seat, according to a police report.
Bryan Wilcox, 19, claimed he had stolen his brother's police car to pull a prank on some friends at a party.
Police say they believe Brandon Wilcox had called his brother after the crash and got him to take him home. Bryan Wilcox then went back to the wrecked police car and said he was driving it.
Officers went to Brandon Wilcox's home, where it took them 10 to 15 minutes to get him out of bed.
Wilcox, 25, performed "poorly" on a series of field sobriety tests, and his blood-alcohol content was more than twice the legal limit of 0.08, according to court records. He was booked into the West Side jail on a charge of aggravated DWI.
Police said Wilcox earlier went to a bar, had made it home but then went out again before the crash occurred.
"I am extremely disappointed," Police Chief Ray Schultz said Thursday. "This shows that DWI is a problem that plagues this entire community including law enforcement."
Schultz has placed Wilcox on administrative leave with pay pending the outcome of an internal investigation.
Additional charges against both brothers could be filed, police said.
Wilcox, a patrolman and a four-year member of the department, didn't return phone calls Thursday.
Schultz said he has "zero tolerance" for DWI and pointed out that he has fired every officer that has been arrested for drunken driving under his command. He would not say what action would be taken against Wilcox.
"We will do what we have to do," Schultz said. "I think everyone knows how I feel about DWI."
According to police reports and court records:
Police were called about 1 a.m. to the crash site in the 5500 block of Comanche NE after Wilcox's brother called 911 and reported that he had wrecked his brother's police car.
He said his brother didn't know that he had the car, had been drinking elsewhere and was at his house passed out.
The car had hit a curb, spun across Comanche, hit another curb and ended up off the roadway. The squad car had minor damage.
Police were suspicious of Bryan Wilcox's story and say he eventually admitted he wasn't the driver.
Officers went to Brandon Wilcox's home a few blocks from the wreck, but neither his girlfriend nor police could wake Wilcox, and paramedics were called.
Ten to 15 minutes later, before the paramedics arrived, Wilcox woke up. He had problems standing, had to be held up by other officers, had slurred speech, a "strong odor of alcohol on his breath" and stumbled as he made his way out of the home.
Wilcox was released to a police sergeant after being booked into the jail.
That sergeant drove Wilcox home, where he took possession of Wilcox's duty weapon, shotgun and badge.
An off-duty Albuquerque police officer was arrested on suspicion of drunken driving after police say he wrecked his take-home patrol car and got his brother to claim responsibility.
When other officers found the wrecked car in Northeast Albuquerque early Thursday morning, officer Brandon Wilcox's younger brother, Bryan, was in the driver's seat, according to a police report.
Bryan Wilcox, 19, claimed he had stolen his brother's police car to pull a prank on some friends at a party.
Police say they believe Brandon Wilcox had called his brother after the crash and got him to take him home. Bryan Wilcox then went back to the wrecked police car and said he was driving it.
Officers went to Brandon Wilcox's home, where it took them 10 to 15 minutes to get him out of bed.
Wilcox, 25, performed "poorly" on a series of field sobriety tests, and his blood-alcohol content was more than twice the legal limit of 0.08, according to court records. He was booked into the West Side jail on a charge of aggravated DWI.
Police said Wilcox earlier went to a bar, had made it home but then went out again before the crash occurred.
"I am extremely disappointed," Police Chief Ray Schultz said Thursday. "This shows that DWI is a problem that plagues this entire community including law enforcement."
Schultz has placed Wilcox on administrative leave with pay pending the outcome of an internal investigation.
Additional charges against both brothers could be filed, police said.
Wilcox, a patrolman and a four-year member of the department, didn't return phone calls Thursday.
Schultz said he has "zero tolerance" for DWI and pointed out that he has fired every officer that has been arrested for drunken driving under his command. He would not say what action would be taken against Wilcox.
"We will do what we have to do," Schultz said. "I think everyone knows how I feel about DWI."
According to police reports and court records:
Police were called about 1 a.m. to the crash site in the 5500 block of Comanche NE after Wilcox's brother called 911 and reported that he had wrecked his brother's police car.
He said his brother didn't know that he had the car, had been drinking elsewhere and was at his house passed out.
The car had hit a curb, spun across Comanche, hit another curb and ended up off the roadway. The squad car had minor damage.
Police were suspicious of Bryan Wilcox's story and say he eventually admitted he wasn't the driver.
Officers went to Brandon Wilcox's home a few blocks from the wreck, but neither his girlfriend nor police could wake Wilcox, and paramedics were called.
Ten to 15 minutes later, before the paramedics arrived, Wilcox woke up. He had problems standing, had to be held up by other officers, had slurred speech, a "strong odor of alcohol on his breath" and stumbled as he made his way out of the home.
Wilcox was released to a police sergeant after being booked into the jail.
That sergeant drove Wilcox home, where he took possession of Wilcox's duty weapon, shotgun and badge.
Thursday, March 2, 2006
APD Targets 2 In Evidence Case
By T.J. Wilham, Albuquerque Journal; Journal Staff Writer
The Albuquerque Police Department is investigating two officers to determine whether one— or both— helped cover up missing property from the evidence room while it was being investigated by the state Attorney General's Office.
Although neither officer has been charged, Police Chief Ray Schultz said he plans to issue "harsh" punishment in the case.
The two officers, who were partners, are blaming each other for allowing two civilian evidence room clerks to have access to property logs.
Attorneys for officers Robbin Burge and Scott Lopez say their clients are innocent.
The internal investigation, which started last fall, is the last of many evidence room probes. It started after the city's Independent Review Office noticed discrepancies in evidence room logs.
Schultz said he is awaiting the results of a lie-detector test for Burge.
A temporary restraining order prevents APD from giving her a lie-detector test, and a hearing on the restraining order is scheduled next week. Lopez already took a lie-detector test, which his attorney said he passed.
"We are in a situation where this is someone's word against someone else's word," Schultz said. "There are some questions that still need to be answered. That's why I need the (lie-detector test). ... Based on what I know now, there will be discipline. ... It will be harsh."
According to court records and police reports obtained by the Journal, Burge claims that Lopez was having a relationship with an evidence room clerk who was a target of the attorney general's investigation.
That investigation determined that more than $58,000 was missing from the evidence room and that criminal conduct had occurred. However, no one was prosecuted in connection with the missing evidence.
When questioned, both detectives said the other was responsible for allowing the clerks access to the logs.
Both clerks, who were civilians, were terminated from the department for other reasons.
Rob Perry, who is representing Burge, said his client was a primary source in the IRO's investigation.
After she came forward with the information about her partner's involvement, APD launched an investigation into her, Perry said.
"We don't have a problem taking a fair (lie-detector test). We do have a problem taking theirs," Perry said. "It's concerning they even want to do one given all of the evidence against my client's accuser."
Lopez's attorney Peter Schoenburg said his client has done nothing wrong.
Both officers have remained on duty during the investigation. Burge remains a detective, and Lopez has been promoted to sergeant.
"This investigation is the last thing that needs to be done with the evidence room," Schultz said. "This is us making sure that everything with the evidence room is dealt with.
"I am doing everything I said I was going to do. We are addressing everything and are not going to brush anything under the carpet."
The Albuquerque Police Department is investigating two officers to determine whether one— or both— helped cover up missing property from the evidence room while it was being investigated by the state Attorney General's Office.
Although neither officer has been charged, Police Chief Ray Schultz said he plans to issue "harsh" punishment in the case.
The two officers, who were partners, are blaming each other for allowing two civilian evidence room clerks to have access to property logs.
Attorneys for officers Robbin Burge and Scott Lopez say their clients are innocent.
The internal investigation, which started last fall, is the last of many evidence room probes. It started after the city's Independent Review Office noticed discrepancies in evidence room logs.
Schultz said he is awaiting the results of a lie-detector test for Burge.
A temporary restraining order prevents APD from giving her a lie-detector test, and a hearing on the restraining order is scheduled next week. Lopez already took a lie-detector test, which his attorney said he passed.
"We are in a situation where this is someone's word against someone else's word," Schultz said. "There are some questions that still need to be answered. That's why I need the (lie-detector test). ... Based on what I know now, there will be discipline. ... It will be harsh."
According to court records and police reports obtained by the Journal, Burge claims that Lopez was having a relationship with an evidence room clerk who was a target of the attorney general's investigation.
That investigation determined that more than $58,000 was missing from the evidence room and that criminal conduct had occurred. However, no one was prosecuted in connection with the missing evidence.
When questioned, both detectives said the other was responsible for allowing the clerks access to the logs.
Both clerks, who were civilians, were terminated from the department for other reasons.
Rob Perry, who is representing Burge, said his client was a primary source in the IRO's investigation.
After she came forward with the information about her partner's involvement, APD launched an investigation into her, Perry said.
"We don't have a problem taking a fair (lie-detector test). We do have a problem taking theirs," Perry said. "It's concerning they even want to do one given all of the evidence against my client's accuser."
Lopez's attorney Peter Schoenburg said his client has done nothing wrong.
Both officers have remained on duty during the investigation. Burge remains a detective, and Lopez has been promoted to sergeant.
"This investigation is the last thing that needs to be done with the evidence room," Schultz said. "This is us making sure that everything with the evidence room is dealt with.
"I am doing everything I said I was going to do. We are addressing everything and are not going to brush anything under the carpet."
Sunday, February 19, 2006
Black Panthers Stress Social Aims; Members Address Crowd at UNM
By Lloyd Jojola, Journal Staff Writer
On the heels of the civil rights movement, the Watts riots, the slaying of Malcolm X and with the Vietnam War as a backdrop, the Black Panther Party emerged in America.
"We were founded not on a street corner but on a college campus," David Hilliard, a founding member of the Black Panthers, told a crowd of a few hundred people at the University of New Mexico on Saturday. "So we've always felt very much at home among people from college campuses, where the free flow of ideas can be discussed."
Hilliard, who also served as the party's chief of staff, was part of a panel discussion titled "Origins of the Black Panther Party." The event is part of a program to mark the 40th anniversary of the organization. The panel also featured Ericka Huggins, who was director of the Black Panther Party school (The Oakland Learning Center); Elaine Brown, the only woman to chair the party; and Fredrika Newton, a party member and wife of the late Huey P. Newton.
It was Newton and Bobby Seale who in 1966 launched the organization in Oakland.
The group is unfortunately identified more with militancy than with the social changes it sought, Hilliard said.
"It's important to set the tenet of our movement because it's so misunderstood," he said. "What is really remembered is the militancy without any other characteristics. We're frozen in sensationalist imagery of leather jackets and guns.
"We don't deny that."
In its nascent stage, it was known as the Black Panther Party for Self Defense. The group saw itself as a "revolutionary action movement," he said, and campaigns to end police brutality and the murder of black people were points in their platform.
But other program points advocated for such things as universal health care, decent education and housing.
"That has been totally written out of the history," Hilliard said. "The only thing that remains is the militancy. To set the record straight, we were not a 'black power' organization; not in that traditional sense. Not in the sense that we were separatists."
Hilliard said the group worked alongside such leaders as César Chávez and Dolores Huerta and for people who fought for gay rights.
"We're here to try to help introduce our particular style of work to students who are seeking new movements," Hilliard said toward the end of his comments. "We challenge you to draw on our Black Panther Party because there are important lessons to be learned from our movement and we'd like to do that by having a curriculum here at this university."
Hilliard raised the idea of partnering with the university to investigate how the federal government tried to undermine the party.
"There's never been one accounting about what the FBI did to our Black Panther Party, so we think that this is a good time to make that happen," he said.
Huggins was an 18-year-old student at Lincoln University in Pennsylvania when she read a magazine article about a young African-American man— Newton— who stood accused of killing a policeman.
The reading was predictable; the photo, appalling, she said.
"The picture was of this young man strapped to a hospital gurney with a bullet wound in his stomach with a seemingly huge, to me at that time, European American police officer in full uniform laughing into the camera.
"I studied that picture for quite some time. I didn't even have tears for it, I was so appalled."
Huggins traveled across the country and joined the Southern California chapter.
"We were about local change, and this is what scared the government into minimizing our principles and calling us racists," Huggins said. "We were about redistribution of the wealth as an equal."
On the heels of the civil rights movement, the Watts riots, the slaying of Malcolm X and with the Vietnam War as a backdrop, the Black Panther Party emerged in America.
"We were founded not on a street corner but on a college campus," David Hilliard, a founding member of the Black Panthers, told a crowd of a few hundred people at the University of New Mexico on Saturday. "So we've always felt very much at home among people from college campuses, where the free flow of ideas can be discussed."
Hilliard, who also served as the party's chief of staff, was part of a panel discussion titled "Origins of the Black Panther Party." The event is part of a program to mark the 40th anniversary of the organization. The panel also featured Ericka Huggins, who was director of the Black Panther Party school (The Oakland Learning Center); Elaine Brown, the only woman to chair the party; and Fredrika Newton, a party member and wife of the late Huey P. Newton.
It was Newton and Bobby Seale who in 1966 launched the organization in Oakland.
The group is unfortunately identified more with militancy than with the social changes it sought, Hilliard said.
"It's important to set the tenet of our movement because it's so misunderstood," he said. "What is really remembered is the militancy without any other characteristics. We're frozen in sensationalist imagery of leather jackets and guns.
"We don't deny that."
In its nascent stage, it was known as the Black Panther Party for Self Defense. The group saw itself as a "revolutionary action movement," he said, and campaigns to end police brutality and the murder of black people were points in their platform.
But other program points advocated for such things as universal health care, decent education and housing.
"That has been totally written out of the history," Hilliard said. "The only thing that remains is the militancy. To set the record straight, we were not a 'black power' organization; not in that traditional sense. Not in the sense that we were separatists."
Hilliard said the group worked alongside such leaders as César Chávez and Dolores Huerta and for people who fought for gay rights.
"We're here to try to help introduce our particular style of work to students who are seeking new movements," Hilliard said toward the end of his comments. "We challenge you to draw on our Black Panther Party because there are important lessons to be learned from our movement and we'd like to do that by having a curriculum here at this university."
Hilliard raised the idea of partnering with the university to investigate how the federal government tried to undermine the party.
"There's never been one accounting about what the FBI did to our Black Panther Party, so we think that this is a good time to make that happen," he said.
Huggins was an 18-year-old student at Lincoln University in Pennsylvania when she read a magazine article about a young African-American man— Newton— who stood accused of killing a policeman.
The reading was predictable; the photo, appalling, she said.
"The picture was of this young man strapped to a hospital gurney with a bullet wound in his stomach with a seemingly huge, to me at that time, European American police officer in full uniform laughing into the camera.
"I studied that picture for quite some time. I didn't even have tears for it, I was so appalled."
Huggins traveled across the country and joined the Southern California chapter.
"We were about local change, and this is what scared the government into minimizing our principles and calling us racists," Huggins said. "We were about redistribution of the wealth as an equal."
Saturday, January 28, 2006
Ex-Officer Guilty on 10 Counts
Saturday, January 28, 2006
By Scott Sandlin, Journal Staff Writer
Former Albuquerque police officer Christopher Chase faces up to 15 years in prison after being found guilty of criminal sexual penetration, kidnapping and other crimes.
Chase entered a plea Friday in which he acknowledged he likely would be convicted at trial. District Judge Denise Barela Shepherd then found him guilty of nine felony charges and one misdemeanor.
She scheduled sentencing for March 30.
The plea brings to a close a costly chapter for the city, which has been a defendant in lawsuits filed by the former officer's victims.
One case went to trial last February in federal court and resulted in a jury verdict of $943,380 plus $150,000 in legal fees. The city has appealed to the 10th U.S. Circuit Court of Appeals.
Another case involving a former prostitute was settled for $300,000 in November, despite Mayor Martin Chávez's policy of not settling cases involving police officers.
Three remaining civil lawsuits in which women claimed they had been sexually assaulted by Chase were resolved by Thursday with a $600,000 settlement, their attorney said.
The legal cases against Chase stem from traffic stops that started in September 2001 where he sexually molested, beat or kidnapped at least 11 motorists.
A subdued Chase, 31, appeared before Shepherd and answered "Yes ma'am" and "No ma'am" to questions about the individual charges.
His wife, mother-in-law and two young daughters watched. So did family members of one victim, who wept as Chase entered the plea to counts involving the then-16-year-old girl stopped by Chase and fondled in 2003.
Assistant District Attorney Michael Fricke said the plea was a good outcome for the victims, who won't have to testify, and for the public.
Defense attorney Jacquelyn Robins said her client faces less time than if he had gone to trial and been convicted.
There could have been at least three and possibly six trials.
Shepherd ordered a presentence report and said Chase would be remanded to the community confinement program pending sentencing.
That means he can continue working at the construction company where he supervises 30 employees, putting in some 70 hours a week, according to Robins. She said Chase wanted to keep working so he can provide for his family before he goes to prison.
The charges in the plea agreement include criminal sexual penetration, kidnapping, criminal sexual contact of a minor by a person in a position of authority and aggravated battery with a deadly weapon.
Fricke said he will argue for the maximum sentence.
Robins said she will ask that he be sentenced to nine years, with as much probation as the statute will permit.
The plea agreement may have been encouraged by an FBI investigation that could have led to federal charges of civil rights violations.
The civil lawsuits began mounting soon after the criminal indictment was handed up in June 2003. Chase was fired by APD shortly thereafter.
Attorney Brad Hall said he settled cases filed on behalf of three women on Thursday for a total of $600,000.
"I think we could have done better at trial, but they wanted to get this behind them," Hall said.
He said he believes the city has paid nearly $800,000 in legal fees in the collective cases involving Chase.
By Scott Sandlin, Journal Staff Writer
Former Albuquerque police officer Christopher Chase faces up to 15 years in prison after being found guilty of criminal sexual penetration, kidnapping and other crimes.
Chase entered a plea Friday in which he acknowledged he likely would be convicted at trial. District Judge Denise Barela Shepherd then found him guilty of nine felony charges and one misdemeanor.
She scheduled sentencing for March 30.
The plea brings to a close a costly chapter for the city, which has been a defendant in lawsuits filed by the former officer's victims.
One case went to trial last February in federal court and resulted in a jury verdict of $943,380 plus $150,000 in legal fees. The city has appealed to the 10th U.S. Circuit Court of Appeals.
Another case involving a former prostitute was settled for $300,000 in November, despite Mayor Martin Chávez's policy of not settling cases involving police officers.
Three remaining civil lawsuits in which women claimed they had been sexually assaulted by Chase were resolved by Thursday with a $600,000 settlement, their attorney said.
The legal cases against Chase stem from traffic stops that started in September 2001 where he sexually molested, beat or kidnapped at least 11 motorists.
A subdued Chase, 31, appeared before Shepherd and answered "Yes ma'am" and "No ma'am" to questions about the individual charges.
His wife, mother-in-law and two young daughters watched. So did family members of one victim, who wept as Chase entered the plea to counts involving the then-16-year-old girl stopped by Chase and fondled in 2003.
Assistant District Attorney Michael Fricke said the plea was a good outcome for the victims, who won't have to testify, and for the public.
Defense attorney Jacquelyn Robins said her client faces less time than if he had gone to trial and been convicted.
There could have been at least three and possibly six trials.
Shepherd ordered a presentence report and said Chase would be remanded to the community confinement program pending sentencing.
That means he can continue working at the construction company where he supervises 30 employees, putting in some 70 hours a week, according to Robins. She said Chase wanted to keep working so he can provide for his family before he goes to prison.
The charges in the plea agreement include criminal sexual penetration, kidnapping, criminal sexual contact of a minor by a person in a position of authority and aggravated battery with a deadly weapon.
Fricke said he will argue for the maximum sentence.
Robins said she will ask that he be sentenced to nine years, with as much probation as the statute will permit.
The plea agreement may have been encouraged by an FBI investigation that could have led to federal charges of civil rights violations.
The civil lawsuits began mounting soon after the criminal indictment was handed up in June 2003. Chase was fired by APD shortly thereafter.
Attorney Brad Hall said he settled cases filed on behalf of three women on Thursday for a total of $600,000.
"I think we could have done better at trial, but they wanted to get this behind them," Hall said.
He said he believes the city has paid nearly $800,000 in legal fees in the collective cases involving Chase.
Thursday, January 26, 2006
Ex-APD cop is to plead guilty today
By Joline Gutierrez Krueger, Albuquerque Tribune
Thursday, January 26, 2006
A former Albuquerque police officer was expected to plead guilty today to sexual assault charges involving women he encountered on bogus traffic stops.
Christopher Chase, who is also named in six lawsuits that have cost the city more than $1.4 million in claims, could face up to 15 years imprisonment under the plea agreement.
Had he been found guilty at trial, his sentence could have been more than 140 years.
Chase, 31, was a patrolman based in the Foothills area command but was fired after he was indicted June 2003 on 32 charges that included five counts of rape and two counts of criminal sexual contact.
THE LAWSUITS
Teenage boy (assault allegations): Federal jury awarded $17,000 in December 2004.
Woman, 34: Federal jury awarded $943,380 in February 2005 plus $150,000 in attorney fees in April 2005. Case is under appeal.
Woman, 18: Case settled in state District Court for $300,000 in November 2005.
Woman, 42: Pending in federal court.
Teenage girl No. 1: Pending in federal court.
Teenage girl No. 2: Pending in federal court.
Under the plea agreement, scheduled to be entered this morning before state District Judge Denise Barela Shepherd, Chase will plead guilty to four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Assistant District Attorney Michael Fricke said the plea agreement still includes every victim of a sexual assault. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was either on- or off-duty, and while he was using his marked police car.
One female victim was stopped twice - in September 2001 and again in February 2002 - and raped both times. Afterward, the woman said Chase washed her hands with a sanitizer to hide any traces of his assault, a criminal complaint states.
Two of the victims were high school girls who were driving with several male companions in January 2003 when Chase stopped their car and took the girls one by one to his squad car to fondle, the complaint states.
Fricke said he did not know why Chase decided to accept the plea deal now.
"Negotiations have a will of their own," he said.
Chase's attorney, Jacquelyn Robins, did not return a call to her office.
Chase was a 1999 graduate of the 80th Cadet Class of the Albuquerque Police Academy. His wife, Darla, has remained by his side at nearly every court appearance during the past two years. They have two children.
Thursday, January 26, 2006
A former Albuquerque police officer was expected to plead guilty today to sexual assault charges involving women he encountered on bogus traffic stops.
Christopher Chase, who is also named in six lawsuits that have cost the city more than $1.4 million in claims, could face up to 15 years imprisonment under the plea agreement.
Had he been found guilty at trial, his sentence could have been more than 140 years.
Chase, 31, was a patrolman based in the Foothills area command but was fired after he was indicted June 2003 on 32 charges that included five counts of rape and two counts of criminal sexual contact.
THE LAWSUITS
Teenage boy (assault allegations): Federal jury awarded $17,000 in December 2004.
Woman, 34: Federal jury awarded $943,380 in February 2005 plus $150,000 in attorney fees in April 2005. Case is under appeal.
Woman, 18: Case settled in state District Court for $300,000 in November 2005.
Woman, 42: Pending in federal court.
Teenage girl No. 1: Pending in federal court.
Teenage girl No. 2: Pending in federal court.
Under the plea agreement, scheduled to be entered this morning before state District Judge Denise Barela Shepherd, Chase will plead guilty to four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Assistant District Attorney Michael Fricke said the plea agreement still includes every victim of a sexual assault. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was either on- or off-duty, and while he was using his marked police car.
One female victim was stopped twice - in September 2001 and again in February 2002 - and raped both times. Afterward, the woman said Chase washed her hands with a sanitizer to hide any traces of his assault, a criminal complaint states.
Two of the victims were high school girls who were driving with several male companions in January 2003 when Chase stopped their car and took the girls one by one to his squad car to fondle, the complaint states.
Fricke said he did not know why Chase decided to accept the plea deal now.
"Negotiations have a will of their own," he said.
Chase's attorney, Jacquelyn Robins, did not return a call to her office.
Chase was a 1999 graduate of the 80th Cadet Class of the Albuquerque Police Academy. His wife, Darla, has remained by his side at nearly every court appearance during the past two years. They have two children.
Thursday, January 12, 2006
Ex-Cop Arrested on Drug Charges
By Jeff Proctor, Journal Staff Writer
A former Albuquerque Police Department officer was arrested Tuesday on narcotics trafficking charges after the man's son inadvertently led authorities to his home.
Robert Estrada Jr., 48, is charged with two counts of trafficking methamphetamine and marijuana— a second-degree felony, said John Walsh, an APD spokesman.
Estrada, a 20-year APD veteran, retired more than five years ago, Walsh said.
"What this shows is that when you have a cross-cut of your police department membership and former membership, we suffer from the same ills as the greater society," Walsh said.
Police happened upon about 4 pounds of marijuana, 30 grams of meth, about $500 in cash and a wide array of paraphernalia at Estrada's home in the 5100 block of Lomas de Atrisco NW, he said.
Authorities were led to his home after police responded to a domestic dispute involving his 22-year-old son, Robert Estrada III, in the 2500 block of Aspen NE, he said.
A woman had apparently brandished a firearm at Estrada III, who took the gun and fled to his father's home, Walsh said.
Police found Estrada III at the home and arrested him, he said. Officers entered the home with a search warrant to find the stolen gun.
The elder Estrada was released Wednesday from the Metropolitan Detention Center after posting a $30,000 bond, jail records show. Estrada III faces numerous charges and his bond has been set at $100,000 at the West Side jail.
A former Albuquerque Police Department officer was arrested Tuesday on narcotics trafficking charges after the man's son inadvertently led authorities to his home.
Robert Estrada Jr., 48, is charged with two counts of trafficking methamphetamine and marijuana— a second-degree felony, said John Walsh, an APD spokesman.
Estrada, a 20-year APD veteran, retired more than five years ago, Walsh said.
"What this shows is that when you have a cross-cut of your police department membership and former membership, we suffer from the same ills as the greater society," Walsh said.
Police happened upon about 4 pounds of marijuana, 30 grams of meth, about $500 in cash and a wide array of paraphernalia at Estrada's home in the 5100 block of Lomas de Atrisco NW, he said.
Authorities were led to his home after police responded to a domestic dispute involving his 22-year-old son, Robert Estrada III, in the 2500 block of Aspen NE, he said.
A woman had apparently brandished a firearm at Estrada III, who took the gun and fled to his father's home, Walsh said.
Police found Estrada III at the home and arrested him, he said. Officers entered the home with a search warrant to find the stolen gun.
The elder Estrada was released Wednesday from the Metropolitan Detention Center after posting a $30,000 bond, jail records show. Estrada III faces numerous charges and his bond has been set at $100,000 at the West Side jail.
Wednesday, January 11, 2006
APD: Internet, phone are lures 3 arrests highlight risks, cops say
By Maggie Shepard, Albuquerque tribune
Three times this week, police have arrested men on charges of rape and attempted rape - all stemming from contacts the men made with young women and girls online and through telephone dating services.
One of the arrests resulted from the Attorney General's Office's work on a manual aimed at helping parents and teens avoid inappropriate contacts on the Internet.
An investigator was asked to enter an online chat room and get fresh examples of what happens at such sites for use in the office's release of the new safety manual. The recording was to be used in a press conference today.
The female investigator, posing as a 14-year-old girl, went online Monday afternoon and encountered a man who subsequently used a digital video camera to send her video of himself masturbating. Later, he asked if she wanted to meet for physical sex.
The investigator agreed, and met the man Tuesday morning at Mary Fox Park on Roma Avenue Northwest.
Looking as young as she could, the investigator showed up at the 10 a.m. meeting and was met by a man who called her "Michelle," the name he'd been led to believe was hers, according to the complaint.
Police then arrested Matthew Ward, 40, of the 3400 block of Lisa Road Southwest. He listed his wife and mother as his emergency contacts when he was booked into jail on charges of attempted criminal sexual penetration, attempted criminal sexual contact with a minor and child luring, according to court documents.
"One of the most dangerous plagues that hits our communities is the ease with which predators have access to our children and our personal lives through technology," Albuquerque police spokesman John Walsh said.
Also arrested on Tuesday was Daniel Maldonado, 22, of the 2300 block of Williams Street Southeast.
In that case, Albuquerque police say Maldonado used a telephone dating service to invite a woman and her aunt to his house Monday night.
Once at the home, the woman told police Maldonado sexually assaulted her then hit her over the head several times with a bottle when she tried to leave the house, according to the complaint.
The woman was treated at the University of New Mexico Hospital for injuries.
Maldonado was arrested on charges of criminal sexual penetration, kidnapping and aggravated battery with a deadly weapon.
Those two arrests come one week after the arrest of an Albuquerque man on charges that he had five sexual encounters with a 15-year-old girl after weeks of dating through an online chatting service.
Thomas Tafoya, 24, faces five counts of criminal sexual penetration of a minor.
In May 2005, the same chat service that introduced Maldonado to the female also introduced a then-Albuquerque Police Department vice detective to a 14-year-old girl, according to a Metro Court complaint.
Timothy Chavez, 34, raped the teen when she allowed him to visit her home after chatting through Live Links telephone dating service, according to the complaint.
Chavez has not been indicted on rape charges but has been fired from APD.
Three times this week, police have arrested men on charges of rape and attempted rape - all stemming from contacts the men made with young women and girls online and through telephone dating services.
One of the arrests resulted from the Attorney General's Office's work on a manual aimed at helping parents and teens avoid inappropriate contacts on the Internet.
An investigator was asked to enter an online chat room and get fresh examples of what happens at such sites for use in the office's release of the new safety manual. The recording was to be used in a press conference today.
The female investigator, posing as a 14-year-old girl, went online Monday afternoon and encountered a man who subsequently used a digital video camera to send her video of himself masturbating. Later, he asked if she wanted to meet for physical sex.
The investigator agreed, and met the man Tuesday morning at Mary Fox Park on Roma Avenue Northwest.
Looking as young as she could, the investigator showed up at the 10 a.m. meeting and was met by a man who called her "Michelle," the name he'd been led to believe was hers, according to the complaint.
Police then arrested Matthew Ward, 40, of the 3400 block of Lisa Road Southwest. He listed his wife and mother as his emergency contacts when he was booked into jail on charges of attempted criminal sexual penetration, attempted criminal sexual contact with a minor and child luring, according to court documents.
"One of the most dangerous plagues that hits our communities is the ease with which predators have access to our children and our personal lives through technology," Albuquerque police spokesman John Walsh said.
Also arrested on Tuesday was Daniel Maldonado, 22, of the 2300 block of Williams Street Southeast.
In that case, Albuquerque police say Maldonado used a telephone dating service to invite a woman and her aunt to his house Monday night.
Once at the home, the woman told police Maldonado sexually assaulted her then hit her over the head several times with a bottle when she tried to leave the house, according to the complaint.
The woman was treated at the University of New Mexico Hospital for injuries.
Maldonado was arrested on charges of criminal sexual penetration, kidnapping and aggravated battery with a deadly weapon.
Those two arrests come one week after the arrest of an Albuquerque man on charges that he had five sexual encounters with a 15-year-old girl after weeks of dating through an online chatting service.
Thomas Tafoya, 24, faces five counts of criminal sexual penetration of a minor.
In May 2005, the same chat service that introduced Maldonado to the female also introduced a then-Albuquerque Police Department vice detective to a 14-year-old girl, according to a Metro Court complaint.
Timothy Chavez, 34, raped the teen when she allowed him to visit her home after chatting through Live Links telephone dating service, according to the complaint.
Chavez has not been indicted on rape charges but has been fired from APD.
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