Police OK'd to Test For Steroids

By T.J. Wilham, Copyright © 2007 Albuquerque Journal; Journal Staff Writer

Concerned that steroid use can trigger outbursts of rage and unpredictable behavior, the Albuquerque Police Department will soon begin testing some of its employees for anabolic steroids.
For the past several years, APD has had a random drug testing policy in place. But the only steroid testing it did was of all new officers before being hired, as required by state law.
Now, under a new procedure recently approved by city leaders, police administrators can test any officer or civilian employee who demonstrates signs of steroid use.
Police Chief Ray Schultz already wants to test one of his civilian employees after other employees said they noticed changes in the person's appearance.
"Under this new procedure, we need some sort of reasonable suspicion in order to test," Schultz said. "Change of behavior, their physical appearance or reliable information they are users would be good enough for us to order the employee to take a test.
"It's important we do this because we are finding more and more that the use of anabolic steroids can result in rage or unpredictable behavior."
For a police employee to be tested for steroids, Schultz has to write a letter to the city's human resources director requesting the test and stating "reasonable suspicion."
The employee must take the test once the request is approved by the human resources director and the city chief administrative officer. Refusal could result in termination.
A positive result also could result in termination.
APD developed a policy several years ago that allows administrators to randomly test its officers. Under the policy, a computer generates a list of about 20 officers every two weeks.
At a cost of $30 to the department, the officer takes a urinalysis test that determines whether narcotics such as marijuana, methamphetamine or cocaine have recently been used.
Schultz said there were no plans to include steroid tests in the random drug testing. To do so would likely involve negotiations with the department's union.
And the cost for testing for steroids is $130 per test. That would cost the department more than $67,000 a year.
Schultz inquired in July about testing for steroids after being told one of his employees might be using them. City attorneys reviewed the request, and under a medical evaluation policy adopted in 2001, they determined Schultz had the right to request the test.
This month, city attorneys developed a procedure that allows him to do so.
Under the 2001 policy, city department heads can request drug tests if they believe an employee is not physically or mentally capable of performing their duties.
Albuquerque Police Officers' Association President Ron Olivas said he was unaware of the new procedure.
However, he said he didn't object to it.
"I guess they don't have to consult us, but it would have been nice to know so we could inform our members," he said. "We don't have a problem with it as long as there is something in place to ensure the officers' rights are protected and they are not doing this without some sort of just cause."

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.

Former Deputy Back in Prison

By Scott Sandlin, Journal Staff Writer

Darryl Burt appeared again in court this week on new drug charges. It was the third time the former Bernalillo County sheriff's deputy has faced criminal prosecution.
Burt's fall from grace began in April 1995 with his indictment on 34 counts related to alleged sexual abuse of a 16-year-old boy.
He eventually pleaded guilty to two misdemeanor counts, attempting to contribute to the delinquency of a minor and attempted sexual contact with a minor, but prosecutors said at the time that he had abused his position as an officer to prey on young Mexican nationals.
The next year he was back in court facing federal cocaine distribution charges. He pleaded guilty to possession with intent to distribute and was sentenced to two years and nine months in the drug case.
Burt completed his prison time and supervised release and was working when he was indicted in August on a charge of conspiracy to distribute heroin. He pleaded guilty to all three counts Tuesday.
Terms of the plea agreement call for Burt, 40, to spend eight years in federal prison.
The indictment alleged Burt conspired with Martin Rivas Munguia to distribute more than 100 grams of heroin in Bernalillo and Santa Fe counties from Sept. 29 to Dec. 6, 2002.
Munguia, who also has entered a guilty plea, is set for sentencing in February, but he will be subject to deportation because he was not legally in the United States, according to the prosecution.
The case was the result of an undercover operation by the FBI and New Mexico State Police that included a wiretap and surveillance, according to the U.S. Attorney's Office.