By T.J. Wilham Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Police Chief Ray Schultz plans to retrain his entire police force because of mistakes he acknowledged were made by an officer who attacked a KOB-TV cameraman after ordering him to move from an area near a crime scene.
The incident— which was caught on tape, aired on TV and posted on the Internet— sparked hundreds of complaints to APD.
Schultz said Wednesday that he has drafted a policy that he plans to take to all of the city's news organizations for input. He also said the police force will go through training on the new policy and how to deal with crime scene onlookers.
One change would require an officer involved in a disagreement with the media to call a supervisor or public information officer.
The officer involved in last month's incident has been paired to work with a veteran officer— and never alone— until an investigation is complete.
"I have always said that we learn from our mistakes," Schultz said. "Obviously, there were some mistakes made. So, let's learn from them instead of repeating them."
Veteran KOB-TV cameraman Rick Foley was covering a police standoff on May 29 near Copper and Charleston NE when rookie officer Daniel Guzman told Foley to move to a different location, according to a police report.
Foley at the time was some distance from the police cars blocking the street and was outside an area that had been blocked by officers.
Shortly after Guzman told Foley he needed to move, the two exchanged more words.
A video captured by Foley's camera shows the officer lunging at Foley. Foley was handcuffed, placed in the back of a police car and cited for "refusing to obey an officer."
The citation was filed Tuesday in Metropolitan Court. Foley has been given a July 1 court date.
Schultz said he couldn't intervene and have the citation dismissed. Only an officer or a judge can dismiss a citation once it has been written, he said.
Shortly after the incident, Schultz asked the city's independent review officer to investigate.
That investigation is ongoing. The IRO has reviewed Foley's tape but has not conducted any interviews.
The Journal made an official request on June 2 for records involving any prior disciplinary action taken against Guzman as well as any other resident's complaints.
Police have yet to produce the documents.
A deputy city attorney said in an e-mail that they are reviewing the request and will have a response within 15 days.
Schultz said action was taken shortly after the incident because of the severity of the allegations and the fact that his office has received about 200 e-mails— most of which attack Guzman and the chief. Schultz said that two of those e-mails had a threatening tone and that those e-mailers wanted to know where and when Guzman works so they could "talk to him."
"Because of the nature of some of the e-mails, we thought it was in his best interest not to put him in a situation where someone has an encounter with him and something escalates," Schultz said.
Schultz said that when he watched a video of the encounter, he noticed that several mistakes were made, although he declined to elaborate until the IRO completes its investigation.
Schultz pointed out that Foley had asked Guzman for his name and badge number, and that the officer refused to give it.
"That's an obvious policy violation," Schultz said. "We have a distinct policy you will provide name and identification number when asked by anyone. That did not occur."
Schultz said the new policy he drafted deals mostly with how officers are to treat representatives of the media when they think a reporter or photographer is disobeying a lawful order.
The drafted policy calls for the officer to contact his supervisor or a public information officer, but not to initiate an arrest.
The department already has a policy in place that says anyone from the community can record any crime scene as long as he or she is not standing in the scene.
"We want any conflicts addressed at the scene and not have our officers jump to enforcement action," Schultz said. "Let's get the right people there and not get to the point where someone is being arrested or cited."
Showing posts with label Chief Schultz. Show all posts
Showing posts with label Chief Schultz. Show all posts
Thursday, June 12, 2008
Thursday, November 15, 2007
Assault Alleged at Hospital
By T.J. Wilham, Journal Staff Writer
A woman who has accused an Albuquerque police officer of raping her while she was in custody says he assaulted her at the hospital while she waited to be treated by doctors, according to documents unsealed Wednesday.
She said he later drove her to a baseball field, where he assaulted her twice more before taking her to jail.
Patrol officer David Maes, 28, was arrested Oct. 11, six days after the woman told correctional officers that she had been raped by Maes while he was transporting her to jail, police said.
"We have not unfounded or discounted her claims at this point," Police Chief Ray Schultz said Wednesday. "We are continuing our investigation."
He said his investigators have obtained video surveillance taken from the hospital that supports some of the woman's claims. The woman was at the hospital for possible injuries after being in a car crash.
Maes, who has been with the Police Department for two years, has been charged with criminal sexual penetration. He was released from the Metropolitan Detention Center the day after his arrest, after he posted $200,000 bail.
He remains on paid administrative leave.
As part of the criminal investigation, Maes' DNA is being compared with samples taken from the woman.
At the time of his arrest, a warrant detailing the allegations against Maes was sealed. On Wednesday, the District Attorney's Office agreed that the documents could be unsealed after a request from the Journal, KOAT-TV and KRQE-TV. Judge Denise Barela Shepherd signed an order unsealing the documents.
According to those documents:
On Oct. 4, the woman was riding in a stolen car that was involved in a crash at San Mateo and Gibson SE.
After the collision, the passengers in the stolen car ran away. Police caught the woman, arrested her and took her into custody for questioning.
While auto theft detectives questioned her, she complained that her vision was blurry. An ambulance was called, and she was taken Downtown to Lovelace Hospital for treatment.
While she waited for physicians, Maes was called to watch her at the hospital.
The woman claims that while Maes was watching her, he "immediately started making nasty and rude gestures to her."
"I didn't know to take him seriously," the woman told investigators. "He's an officer that has authority over me. After a while, I realized he wasn't playing no more, then it started to get a little bit scary."
At one point he told the woman that he wanted her to perform oral sex on him.
Maes pulled a privacy curtain shut, exposed himself, and performed a sex act on her, the woman claimed.
After the woman was treated at the hospital, Maes took the woman to her home so she could change clothes, she told investigators.
Doing so would be a direct violation of APD policies, Schultz said Wednesday.
"A prisoner is supposed to go to one place, and that is either the transport center or the jail," Schultz said.
According to documents, Maes then drove the woman to a baseball field near Locust and Odelia, where he sexually assaulted her twice outside his police cruiser, she told police.
Afterward, Maes drove back to the hospital. Once he was in front of the building, he radioed a dispatcher, said he was transporting a prisoner and gave his mileage.
Officers routinely call out when they are transporting prisoners to avoid false accusations such as sexual assaults or brutality claims.
Schultz said that he will make a decision on what discipline action, if any, should be taken against Maes once his department completes an internal affairs investigation.
Prosecutors have not presented the case to a grand jury.
A woman who has accused an Albuquerque police officer of raping her while she was in custody says he assaulted her at the hospital while she waited to be treated by doctors, according to documents unsealed Wednesday.
She said he later drove her to a baseball field, where he assaulted her twice more before taking her to jail.
Patrol officer David Maes, 28, was arrested Oct. 11, six days after the woman told correctional officers that she had been raped by Maes while he was transporting her to jail, police said.
"We have not unfounded or discounted her claims at this point," Police Chief Ray Schultz said Wednesday. "We are continuing our investigation."
He said his investigators have obtained video surveillance taken from the hospital that supports some of the woman's claims. The woman was at the hospital for possible injuries after being in a car crash.
Maes, who has been with the Police Department for two years, has been charged with criminal sexual penetration. He was released from the Metropolitan Detention Center the day after his arrest, after he posted $200,000 bail.
He remains on paid administrative leave.
As part of the criminal investigation, Maes' DNA is being compared with samples taken from the woman.
At the time of his arrest, a warrant detailing the allegations against Maes was sealed. On Wednesday, the District Attorney's Office agreed that the documents could be unsealed after a request from the Journal, KOAT-TV and KRQE-TV. Judge Denise Barela Shepherd signed an order unsealing the documents.
According to those documents:
On Oct. 4, the woman was riding in a stolen car that was involved in a crash at San Mateo and Gibson SE.
After the collision, the passengers in the stolen car ran away. Police caught the woman, arrested her and took her into custody for questioning.
While auto theft detectives questioned her, she complained that her vision was blurry. An ambulance was called, and she was taken Downtown to Lovelace Hospital for treatment.
While she waited for physicians, Maes was called to watch her at the hospital.
The woman claims that while Maes was watching her, he "immediately started making nasty and rude gestures to her."
"I didn't know to take him seriously," the woman told investigators. "He's an officer that has authority over me. After a while, I realized he wasn't playing no more, then it started to get a little bit scary."
At one point he told the woman that he wanted her to perform oral sex on him.
Maes pulled a privacy curtain shut, exposed himself, and performed a sex act on her, the woman claimed.
After the woman was treated at the hospital, Maes took the woman to her home so she could change clothes, she told investigators.
Doing so would be a direct violation of APD policies, Schultz said Wednesday.
"A prisoner is supposed to go to one place, and that is either the transport center or the jail," Schultz said.
According to documents, Maes then drove the woman to a baseball field near Locust and Odelia, where he sexually assaulted her twice outside his police cruiser, she told police.
Afterward, Maes drove back to the hospital. Once he was in front of the building, he radioed a dispatcher, said he was transporting a prisoner and gave his mileage.
Officers routinely call out when they are transporting prisoners to avoid false accusations such as sexual assaults or brutality claims.
Schultz said that he will make a decision on what discipline action, if any, should be taken against Maes once his department completes an internal affairs investigation.
Prosecutors have not presented the case to a grand jury.
Friday, May 11, 2007
APD, IRO strike deal on complaint against officer
By Maggie Shepard, Albuquerque Tribune
An Albuquerque police SWAT officer faces discipline for falsifying arrest documents, but has been exonerated on other charges leveled in a complaint last year.
The complaint filed with the Independent Review Office stemmed from a man's arrest in October on charges of littering and disobeying a police officer. It alleged that Officer Eric Brown made up a reason to justify the arrest.
Jay Rowland, the city's recently retired Independent Review Officer, investigated the complaint and sided with the civilian, but Police Chief Ray Schultz disagreed.
The differing views could have been brought before the volunteer Police Oversight Commission at its televised meeting Thursday night, but a last-minute deal between the Albuquerque Police Department and the review office kept the issue out of public view.
The deal concedes that Brown did falsify the documents, but not intentionally, said APD Internal Affairs Lt. Paul Feist.
It also concedes that the department's disciplinary plan for him is sufficient, said IRO investigator Trey Flynt.
Word of the agreement spread quickly through the audience, which was packed with Albuquerque police officers, including several of Brown's superiors.
Lt. Bob Huntsman, Brown's SWAT commander, said the two dozen SWAT team and bomb squad members came to the meeting to support their fellow officer.
Huntsman said he felt satisfied with the agreement, which has yet to be finalized by Schultz and must still go before the commission for final approval at its June meeting.
The police report of the incident says Brown found an American Indian man and his family parked in a handicap spot at a Wal-Mart.
Brown says in his report that "they obviously did not have any physical impairments."
He wrote that after he confronted the family, members yelled at him, accused him of racially profiling them and then one of the vehicle occupants tossed his gum on the ground. He only picked it up after several commands to do so, Brown wrote.
The report also says that when Brown suspected the man of being intoxicated, the man became belligerent and would not provide identification.
The woman in the car filed the complaint. It says the family showed Brown a handicap sticker for their son's illness, but that Brown continued to harass them using curse words to the point their children began to cry and bystanders began to ask if they were OK.
Feist and Flynt, representing the police and the IRO, respectively, agreed that Brown broke several rules in addition to falsifying documents, but was exonerated of other allegations in the complaint.
Discipline matters, including officers' names, are generally not made public by the Police Department; the oversight commission does not reveal officers' names.
Brown's name was found in several court and police documents related to the case.
In other news from the meeting:
The political stalemate between the City Council and Mayor Martin Chavez that has kept one commission seat vacant continued.
For at least the 12th time, commissioners heard the mayor's staff say he has submitted a candidate to represent Councilor Brad Winter's district on the commission and is waiting for the council to vote on it.
For at least the 12th time, commissioners heard City Council staff say the council rejected the mayor's candidate. The council maintains that the mayor must select one of Winter's two proposed candidates, and forward one for approval.
Chavez says the city charter allows him to pick whomever he wants, and this time it wasn't one from Winter - a political rival.
Newly selected Independent Review Officer William Deaton, up for confirmation at the next City Council meeting, did not attend.
Nor did his predecessor, Jay Rowland, who retired in April.
The commission gave Schultz its support in light of a recent police union action that may result in giving the chief a vote of no confidence.
Some union members started the process to denounce the chief in an April meeting. The final vote comes in about three weeks.
An Albuquerque police SWAT officer faces discipline for falsifying arrest documents, but has been exonerated on other charges leveled in a complaint last year.
The complaint filed with the Independent Review Office stemmed from a man's arrest in October on charges of littering and disobeying a police officer. It alleged that Officer Eric Brown made up a reason to justify the arrest.
Jay Rowland, the city's recently retired Independent Review Officer, investigated the complaint and sided with the civilian, but Police Chief Ray Schultz disagreed.
The differing views could have been brought before the volunteer Police Oversight Commission at its televised meeting Thursday night, but a last-minute deal between the Albuquerque Police Department and the review office kept the issue out of public view.
The deal concedes that Brown did falsify the documents, but not intentionally, said APD Internal Affairs Lt. Paul Feist.
It also concedes that the department's disciplinary plan for him is sufficient, said IRO investigator Trey Flynt.
Word of the agreement spread quickly through the audience, which was packed with Albuquerque police officers, including several of Brown's superiors.
Lt. Bob Huntsman, Brown's SWAT commander, said the two dozen SWAT team and bomb squad members came to the meeting to support their fellow officer.
Huntsman said he felt satisfied with the agreement, which has yet to be finalized by Schultz and must still go before the commission for final approval at its June meeting.
The police report of the incident says Brown found an American Indian man and his family parked in a handicap spot at a Wal-Mart.
Brown says in his report that "they obviously did not have any physical impairments."
He wrote that after he confronted the family, members yelled at him, accused him of racially profiling them and then one of the vehicle occupants tossed his gum on the ground. He only picked it up after several commands to do so, Brown wrote.
The report also says that when Brown suspected the man of being intoxicated, the man became belligerent and would not provide identification.
The woman in the car filed the complaint. It says the family showed Brown a handicap sticker for their son's illness, but that Brown continued to harass them using curse words to the point their children began to cry and bystanders began to ask if they were OK.
Feist and Flynt, representing the police and the IRO, respectively, agreed that Brown broke several rules in addition to falsifying documents, but was exonerated of other allegations in the complaint.
Discipline matters, including officers' names, are generally not made public by the Police Department; the oversight commission does not reveal officers' names.
Brown's name was found in several court and police documents related to the case.
In other news from the meeting:
The political stalemate between the City Council and Mayor Martin Chavez that has kept one commission seat vacant continued.
For at least the 12th time, commissioners heard the mayor's staff say he has submitted a candidate to represent Councilor Brad Winter's district on the commission and is waiting for the council to vote on it.
For at least the 12th time, commissioners heard City Council staff say the council rejected the mayor's candidate. The council maintains that the mayor must select one of Winter's two proposed candidates, and forward one for approval.
Chavez says the city charter allows him to pick whomever he wants, and this time it wasn't one from Winter - a political rival.
Newly selected Independent Review Officer William Deaton, up for confirmation at the next City Council meeting, did not attend.
Nor did his predecessor, Jay Rowland, who retired in April.
The commission gave Schultz its support in light of a recent police union action that may result in giving the chief a vote of no confidence.
Some union members started the process to denounce the chief in an April meeting. The final vote comes in about three weeks.
Saturday, May 5, 2007
New IRO will take charge in June: William Deaton says job is about `finding facts'
By Maggie Shepard, Albuquerque Tribune
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
One Albuquerque police officer admits but defends punching a handcuffed Downtown reveler in the mouth, busting her lip and breaking her tooth.
Dueling polygraph results support both a citizen who says an officer maced a homeless man for no reason and the officer who said he never maced anyone.
And the family of a handicapped boy says a police officer lied in paperwork to justify harassing them in a Wal-Mart parking lot.
The three cases pending before the Police Oversight Commission illustrate some of the difficult questions facing newly selected Independent Review Officer William Deaton as he prepares to take his post.
Deaton, set to become chief investigator into police misconduct complaints, has yet to be confirmed by the City Council.
Upon confirmation, he plans to start June 1.
He said he might not make the commission's Thursday meeting, where the cases will be discussed, but they likely will still require attention when he takes control of the office in June.
In addition to overseeing investigations into such cases, Deaton, an active 77-year-old, may also have to battle concerns that he is too closely tied to the police union.
The union did not support Deaton's predecessor, Jay Rowland, whom members felt was too tough on officers and overstepped his bounds by suggesting policy changes.
Rowland was informed in December that Mayor Martin Chavez would not renew his contract.
But with support from the citizen Police Oversight Commission and Albuquerque Police Chief Ray Schultz, Rowland put his name in for the job anyway.
The job was advertised for only one week, and only locally - not at the National Association for Civilian Oversight of Law Enforcement, as Rowland suggested it should.
Among a handful of applications, Rowland, Deaton and Bruce Thompson rose to the top.
However, Rowland resigned his post last week and withdrew his name from the applicant pool, saying he wants to move to New York and focus on his family.
Thompson, an attorney and land-use policy analyst for the city, also withdrew his name in April.
Deaton, a long-time federal magistrate judge with a dynamic military history, said he put his name in the running after a police union attorney approached him about the job.
Despite the union's solicitation, Deaton said his investigations and rulings won't be biased toward the police officers.
"I can't say I don't have any biases. If I didn't, I'd be dead," he said Wednesday, speaking by cordless telephone from his roof, where he was doing maintenance.
"It's about finding facts. That is what I did at the state bench and the federal job, so I have the fact-finding-type experience."
Aware of the union's involvement in Deaton's application, commission Chairman Steve Smothermon said he is willing to give Deaton the benefit of the doubt, but said the commission will be watching for bias.
"We're going to take a more involved role in this, and the IRO works for us; we don't work for him," Smothermon said. "If we don't like the findings, we'll do what we'll need to do."
Here's how the process works:
• The IRO leads a team of investigators that digs into citizen complaints of police misconduct. The IRO judges whether investigators turned up enough evidence to prove or disprove an officer misbehaved. If there isn't enough evidence to prove it either way, the complaint is put into limbo - not sustained, but not proven false.
• While the team works on the case, police investigators do the same.
• Results of both investigations are brought to the Police Oversight Commission.
• Commissioners, chosen by city councilors and then appointed by the mayor, scrutinize the investigations.
• If the two teams disagree on what the evidence proves or a citizen pursues a complaint when the teams say it can't be proved - and both happen a few times a month - the commission must rule on who's right.
• Unsatisfied citizens have two chances to appeal their cases, first to the commission, then to the city's chief administrative officer.
In the complaint about the homeless man, investigators and commissioners sided with Scott Cameron, the citizen who witnessed the incident. Albuquerque Police Chief Ray Schultz wants to appeal the decision, though the policy only allows citizens to do so.
The Downtown reveler, a 22-year-old woman, complained that APD Officer Debbie Heshley punched her in the mouth while she was handcuffed.
Though Rowland ruled in favor of the woman, the commission initially sided with the chief that there wasn't enough evidence to prove the assault occurred. The woman appealed the commission ruling and was allowed to give a statement in person. She was so persuasive that the commission, for the first time ever, changed its mind entirely and ruled in her favor.
The case is pending until Schultz, too, changes his mind and decides to discipline the officer. If he doesn't, the woman can appeal.
The Wal-Mart case is also waiting on administrative steps. It will be heard by the commission Thursday.
Thursday, July 28, 2005
Officer Accused Of Rape Is Fired
Around the Metro Area , Journal Staff Reports
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
Friday, May 27, 2005
Police Chief Plans to Fire Accused Cop
By T.J. Wilham, Journal Staff Writer
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Sunday, April 3, 2005
Another APD Evidence Room Inquiry Launched
By Jeff Proctor, Journal Staff Writer
Albuquerque Mayor Martin Chávez on Saturday announced yet another investigation into the city police department's evidence room.
At a news conference to announce the hiring of new Chief of Police Ray Schultz, Chávez also charged a blue-ribbon commission with "making our evidence room the very best in the country."
Former Police Chief Gilbert Gallegos stepped down Wednesday amid allegations he allowed theft and mismanagement to fester in the evidence unit for more than a year.
Among the allegations have been that cash, drugs, jewelry and other evidence went missing from the unit.
The commission will join the state Attorney General's Office, the city's Independent Review Office and APD's internal investigators, who are already looking at the evidence unit.
The AG's investigation is finished, and a final report is expected in the coming months.
Acting APD Chief Joe Bowdich— who will remain in the post until April 18, when Schultz takes over— will serve as chairman of the commission, Chávez said.
The commission "will immediately go into the evidence room and assure the citizens of Albuquerque that things are running as they should," he said. "Then the job will be to roll up their sleeves and reach for that goal of being the best."
Other commission members are: District Attorney Kari Brandenburg, Bernalillo County Sheriff Darren White, City Council President Brad Winter, City Attorney Bob White and Police Oversight Commission Chairman Michael Cook.
"The problems will get solved, and they are indeed already on their way to getting solved," Bowdich said.
APD evidence room timeline
DECEMBER 2001: Gilbert Gallegos is named chief of police.
JULY 18, 2003: A follow-up to a 2000 internal city audit says APD had fully complied with only five recommendations, and it reiterates the need for an inventory of the evidence room. (Gallegos says this is when he first became aware of the problems.)
AUGUST 2003: Detective Cynthia Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
JANUARY 2004: The two employees suspected of stealing are transferred.
MARCH 2004: An anonymous letter sent to law enforcement officials and the media claims that weapons, drugs, jewelry and cash were stolen from the evidence room and that police officials are covering it up.
MARCH 3, 2004: Gallegos announces he has asked the Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
APRIL 24, 2004: Capt. Marie Miranda takes over the Metropolitan Forensic Science Center, which houses the evidence room.
AUG. 4, 2004: Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
MARCH 18: After giving a tour of the evidence unit to the Journal, Orr tells the Journal that Gallegos lied and covered up problems.
MARCH 30: Gallegos retires. Former Sheriff Joe Bowdich is named interim chief.
APRIL 2: Ray Schultz, a former APD deputy chief, is named chief.
Albuquerque Mayor Martin Chávez on Saturday announced yet another investigation into the city police department's evidence room.
At a news conference to announce the hiring of new Chief of Police Ray Schultz, Chávez also charged a blue-ribbon commission with "making our evidence room the very best in the country."
Former Police Chief Gilbert Gallegos stepped down Wednesday amid allegations he allowed theft and mismanagement to fester in the evidence unit for more than a year.
Among the allegations have been that cash, drugs, jewelry and other evidence went missing from the unit.
The commission will join the state Attorney General's Office, the city's Independent Review Office and APD's internal investigators, who are already looking at the evidence unit.
The AG's investigation is finished, and a final report is expected in the coming months.
Acting APD Chief Joe Bowdich— who will remain in the post until April 18, when Schultz takes over— will serve as chairman of the commission, Chávez said.
The commission "will immediately go into the evidence room and assure the citizens of Albuquerque that things are running as they should," he said. "Then the job will be to roll up their sleeves and reach for that goal of being the best."
Other commission members are: District Attorney Kari Brandenburg, Bernalillo County Sheriff Darren White, City Council President Brad Winter, City Attorney Bob White and Police Oversight Commission Chairman Michael Cook.
"The problems will get solved, and they are indeed already on their way to getting solved," Bowdich said.
APD evidence room timeline
DECEMBER 2001: Gilbert Gallegos is named chief of police.
JULY 18, 2003: A follow-up to a 2000 internal city audit says APD had fully complied with only five recommendations, and it reiterates the need for an inventory of the evidence room. (Gallegos says this is when he first became aware of the problems.)
AUGUST 2003: Detective Cynthia Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
JANUARY 2004: The two employees suspected of stealing are transferred.
MARCH 2004: An anonymous letter sent to law enforcement officials and the media claims that weapons, drugs, jewelry and cash were stolen from the evidence room and that police officials are covering it up.
MARCH 3, 2004: Gallegos announces he has asked the Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
APRIL 24, 2004: Capt. Marie Miranda takes over the Metropolitan Forensic Science Center, which houses the evidence room.
AUG. 4, 2004: Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
MARCH 18: After giving a tour of the evidence unit to the Journal, Orr tells the Journal that Gallegos lied and covered up problems.
MARCH 30: Gallegos retires. Former Sheriff Joe Bowdich is named interim chief.
APRIL 2: Ray Schultz, a former APD deputy chief, is named chief.
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