Tuesday, February 10, 2009
Police ID Man Killed by Officer
By Jeff Proctor, Albuquerque Journal Staff Writer
Police have identified the man fatally shot by an officer after an 11-minute pursuit through southwest Albuquerque early Sunday as Andrew Lopez, a 19-year-old suspected gang member with a felony warrant out for his arrest.
Albuquerque Police Department Officer Justin Montgomery, a 28-year-old just more than two years out of the academy, shot Lopez shortly after 3 a.m. after he and other officers backed Lopez into a corner, police spokesman John Walsh said.
Lopez "turned in an aggressive manner with an object in his hand" and was shot an undetermined number of times, Walsh said.
An "extensive search" of the area near the intersection of 51st and Rincon NW turned up only a silver-colored cell phone, he said. No weapon has been found.
A second man, who had been a passenger in Lopez's vehicle when police began to follow it, managed to get away and was still at large late Monday, Walsh said. He was around the same age as Lopez and was wearing dark clothing.
Police began following the vehicle, a beige 1980s-model two-door sedan, because it was driving with no lights on, he said. There had been calls of shots fired in the area that matched up with the vehicle Lopez was driving.
Officers pursued the vehicle for nearly 11 minutes, Walsh said, and, at one point, Lopez stuck his hand out the window with "an object officers believed to be a weapon."
The vehicle began to slow down as it approached 51st, and before it had come to a stop, the passenger bailed out and fled on foot, he said. The vehicle then came to a halt, Lopez got out and ran in the other direction.
He ran down a "darkened area," Walsh said and was eventually boxed into a corner by Montgomery and other officers. That's when Lopez turned around and was shot.
Police have been searching the several-mile area the vehicle and foot pursuits covered for weapons and witnesses, he said. So far, no weapon has been found, but several possible witnesses and acquaintances of Lopez have been interviewed.
Lopez had a felony warrant out for his arrest on drug and aggravated battery charges, according to court records.
Montgomery is on standard paid 72-hour leave while APD, the Bernalillo County Sheriff's Department, State Police, the District Attorney's Office and the Office of the Medical Investigator complete their investigation, Walsh said.
Showing posts with label Racism. Show all posts
Showing posts with label Racism. Show all posts
Tuesday, February 10, 2009
Saturday, October 20, 2007
October 22nd Events In Albuquerque
Day of Action To Stop Police Brutality, Repression and the Criminalization of a Generation
films:
The Legacy of Torture: The War Against the Black Panther Party
The Thin Blue Line
Join us at:
Out 'chYonda, 7 p.m.
929 4th Street SW
open community forum/discussion
gentrification and the police state
www.copwatch505.blogspot.com
copwatch505@riseup.net
films:
The Legacy of Torture: The War Against the Black Panther Party
The Thin Blue Line
Join us at:
Out 'chYonda, 7 p.m.
929 4th Street SW
open community forum/discussion
gentrification and the police state
www.copwatch505.blogspot.com
copwatch505@riseup.net
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.
Monday, April 30, 2007
Study: Police treat minorities unfairly
by Michael J. Sniffen, The Associated Press
WASHINGTON - African-American, Hispanic and white drivers are equally likely to be pulled over by police, but African-Americans and Hispanics are much more likely to be searched and arrested, a federal study found.
Police were much more likely to threaten or use force against African-Americans and Hispanics than against whites in any encounter, whether at a traffic stop or elsewhere, according to the Justice Department.
The study, released Sunday by the department's Bureau of Justice Statistics, covered police contacts with the public during 2005 and was based on interviews by the Census Bureau with nearly 64,000 people age 16 or over.
"The numbers are very consistent" with those found in a similar study of police-public contacts in 2002, bureau statistician Matthew R. Durose, the report's co-author, said in an interview. "There's some stability in the findings over these three years."
Traffic stops have become a politically volatile issue. Minority groups have complained that many stops and searches are based on race rather than on legitimate suspicions. African-Americans in particular have complained of being pulled over for simply "driving while black."
"The available data is sketchy but deeply concerning," said Hilary Shelton, director of the NAACP's Washington bureau. The civil rights organization has done its own surveys of traffic stops, and he said the racial disparities grow larger, the deeper the studies delve.
"It's very important to look at the hit rates for searches - the number that actually result in finding a crime," Shelton said. "There's a great deal of racial disparity there." He called for federal legislation that would collect uniform data by race on stops, arrests, use of force, searches and hit rates.
"This report shows there are still disturbing disparities in terms of what happens to people of color after the stop," said Dennis Parker, director of the American Civil Liberties Union's racial justice project. He said better reporting is needed.
Like the 2002 report, this one contained a warning that the racial disparities uncovered "do not constitute proof that police treat people differently along demographic lines" because the differences could be explained by circumstances not analyzed by the survey. The 2002 report said such circumstances might include driver conduct or whether drugs were in plain view.
Traffic stops are the most frequent way police interact with the public, accounting for 41 percent of all contacts. An estimated 17.8 million drivers were stopped in 2005.
African-American, Hispanic and white motorists were equally likely to be pulled over by police - between 8 percent and 9 percent of each group. The slight decline in African-Americans pulled over - from 9.2 percent in 2002 to 8.1 percent in 2005 - was not statistically significant, Durose said, and could be the result of random
differences.
The racial disparities showed up after that point:
-African-Americans (9.5 percent) and Hispanics (8.8 percent) were much more likely to be searched than whites (3.6 percent). There were slight but statistically insignificant declines compared with the 2002 report in the percentages of African-Americans and Hispanics searched.
-African-Americans (4.5 percent) were more than twice as likely as whites (2.1 percent) to be arrested. Hispanic drivers were arrested 3.1 percent of the time.
Among all police-public contacts, force was used 1.6 percent of the time. But African-Americans (4.4 percent) and Hispanics (2.3 percent) were more likely than whites (1.2 percent) to be subjected to force or the threat of force by police officers.
People interviewed described police hitting, kicking, pushing, grabbing, pointing a gun or spraying pepper spray at them or threatening to do so. More than four of five felt the force used was excessive, but there were no statistically significant racial disparities among the people who felt that way.
Two years ago, the Bush administration's handling of the 2002 report and its finding of racial disparities generated considerable controversy.
Departing from normal practice, the earlier report was simply posted on the statistics bureau's Web site without any press release announcing it.
The bureau's director at the time, Lawrence A. Greenfeld, appointed by President Bush in 2001, wanted to publicize the racial disparities, but his superiors disagreed, according to a statistics bureau employee. Greenfeld told his staff he was being moved to a new job following the dispute, according to this employee, who requested anonymity because he was not authorized to talk to reporters.
This time there was a press release.
WASHINGTON - African-American, Hispanic and white drivers are equally likely to be pulled over by police, but African-Americans and Hispanics are much more likely to be searched and arrested, a federal study found.
Police were much more likely to threaten or use force against African-Americans and Hispanics than against whites in any encounter, whether at a traffic stop or elsewhere, according to the Justice Department.
The study, released Sunday by the department's Bureau of Justice Statistics, covered police contacts with the public during 2005 and was based on interviews by the Census Bureau with nearly 64,000 people age 16 or over.
"The numbers are very consistent" with those found in a similar study of police-public contacts in 2002, bureau statistician Matthew R. Durose, the report's co-author, said in an interview. "There's some stability in the findings over these three years."
Traffic stops have become a politically volatile issue. Minority groups have complained that many stops and searches are based on race rather than on legitimate suspicions. African-Americans in particular have complained of being pulled over for simply "driving while black."
"The available data is sketchy but deeply concerning," said Hilary Shelton, director of the NAACP's Washington bureau. The civil rights organization has done its own surveys of traffic stops, and he said the racial disparities grow larger, the deeper the studies delve.
"It's very important to look at the hit rates for searches - the number that actually result in finding a crime," Shelton said. "There's a great deal of racial disparity there." He called for federal legislation that would collect uniform data by race on stops, arrests, use of force, searches and hit rates.
"This report shows there are still disturbing disparities in terms of what happens to people of color after the stop," said Dennis Parker, director of the American Civil Liberties Union's racial justice project. He said better reporting is needed.
Like the 2002 report, this one contained a warning that the racial disparities uncovered "do not constitute proof that police treat people differently along demographic lines" because the differences could be explained by circumstances not analyzed by the survey. The 2002 report said such circumstances might include driver conduct or whether drugs were in plain view.
Traffic stops are the most frequent way police interact with the public, accounting for 41 percent of all contacts. An estimated 17.8 million drivers were stopped in 2005.
African-American, Hispanic and white motorists were equally likely to be pulled over by police - between 8 percent and 9 percent of each group. The slight decline in African-Americans pulled over - from 9.2 percent in 2002 to 8.1 percent in 2005 - was not statistically significant, Durose said, and could be the result of random
differences.
The racial disparities showed up after that point:
-African-Americans (9.5 percent) and Hispanics (8.8 percent) were much more likely to be searched than whites (3.6 percent). There were slight but statistically insignificant declines compared with the 2002 report in the percentages of African-Americans and Hispanics searched.
-African-Americans (4.5 percent) were more than twice as likely as whites (2.1 percent) to be arrested. Hispanic drivers were arrested 3.1 percent of the time.
Among all police-public contacts, force was used 1.6 percent of the time. But African-Americans (4.4 percent) and Hispanics (2.3 percent) were more likely than whites (1.2 percent) to be subjected to force or the threat of force by police officers.
People interviewed described police hitting, kicking, pushing, grabbing, pointing a gun or spraying pepper spray at them or threatening to do so. More than four of five felt the force used was excessive, but there were no statistically significant racial disparities among the people who felt that way.
Two years ago, the Bush administration's handling of the 2002 report and its finding of racial disparities generated considerable controversy.
Departing from normal practice, the earlier report was simply posted on the statistics bureau's Web site without any press release announcing it.
The bureau's director at the time, Lawrence A. Greenfeld, appointed by President Bush in 2001, wanted to publicize the racial disparities, but his superiors disagreed, according to a statistics bureau employee. Greenfeld told his staff he was being moved to a new job following the dispute, according to this employee, who requested anonymity because he was not authorized to talk to reporters.
This time there was a press release.
Wednesday, November 16, 2005
Review Finds Insufficient Evidence in N.Y. Doctor's Beating Allegation
Associated Press
Albuquerque's independent police review officer found insufficient evidence to back up allegations by a New York heart surgeon who accused police of roughing him up and jailing him in a confrontation with officers.
Surgeon Vincent Moss has appealed the findings, and a hearing is slated before the Police Oversight Commission on Dec. 8.
The hearing comes about a month before Moss is to appear in metropolitan court for a hearing on criminal charges filed against him in the July 17 incident.
Moss, 34, was arrested on charges of disorderly conduct and refusing to obey an officer.
His attorney, Daniel Ivey-Soto of Albuquerque, was out of town and could not be reached for comment. A spokesman for Moss said he would not comment until the criminal case ends.
Jay Rowland, review officer for the oversight commission, said the investigation into the incident in a downtown bar did not find enough evidence to recommend sanctions against the arresting officer or any other officer.
"Your complaint has been thoroughly and impartially investigated,'' Rowland wrote Moss in an Oct. 14 letter obtained this week by The Albuquerque Tribune. "There are not sufficient facts to make findings by a preponderance of the evidence on all of the allegations.''
The investigation is based on interviews with eight officers, employees of the bar, videotapes from the tavern and newspaper articles, the letter said.
Moss, who was in New Mexico last summer on a sabbatical to work at a Gallup hospital, alleged he was treated badly at the bar because he is black and that police dislocated his shoulder. He complained to Police Chief Ray Schultz, who forwarded the complaint to Rowland's office July 20.
Rowland said that because of the pending criminal case, Moss did not cooperate with the investigation or present his own witnesses.
"We don't have their side of the story,'' Rowland said.
According to his letter to Moss, the doctor yelled profanities, acted aggressively, spit on the ground, had to be bodily pulled from the bar and appeared to be high.
"A preponderance of the evidence convinces me that the officer had a reasonable basis to defend himself and arrest you,'' Rowland wrote. "Your conduct would lead a reasonable person to be concerned that you might become violent.''
Rowland's letter was released because once an appeal is filed, such a letter becomes public and its recipient is identified.
The criminal complaint against Moss identifies the arresting officer as Allen Hancock. Hancock has been the subject of at least four federal lawsuits accusing him of excessive force.
Albuquerque's independent police review officer found insufficient evidence to back up allegations by a New York heart surgeon who accused police of roughing him up and jailing him in a confrontation with officers.
Surgeon Vincent Moss has appealed the findings, and a hearing is slated before the Police Oversight Commission on Dec. 8.
The hearing comes about a month before Moss is to appear in metropolitan court for a hearing on criminal charges filed against him in the July 17 incident.
Moss, 34, was arrested on charges of disorderly conduct and refusing to obey an officer.
His attorney, Daniel Ivey-Soto of Albuquerque, was out of town and could not be reached for comment. A spokesman for Moss said he would not comment until the criminal case ends.
Jay Rowland, review officer for the oversight commission, said the investigation into the incident in a downtown bar did not find enough evidence to recommend sanctions against the arresting officer or any other officer.
"Your complaint has been thoroughly and impartially investigated,'' Rowland wrote Moss in an Oct. 14 letter obtained this week by The Albuquerque Tribune. "There are not sufficient facts to make findings by a preponderance of the evidence on all of the allegations.''
The investigation is based on interviews with eight officers, employees of the bar, videotapes from the tavern and newspaper articles, the letter said.
Moss, who was in New Mexico last summer on a sabbatical to work at a Gallup hospital, alleged he was treated badly at the bar because he is black and that police dislocated his shoulder. He complained to Police Chief Ray Schultz, who forwarded the complaint to Rowland's office July 20.
Rowland said that because of the pending criminal case, Moss did not cooperate with the investigation or present his own witnesses.
"We don't have their side of the story,'' Rowland said.
According to his letter to Moss, the doctor yelled profanities, acted aggressively, spit on the ground, had to be bodily pulled from the bar and appeared to be high.
"A preponderance of the evidence convinces me that the officer had a reasonable basis to defend himself and arrest you,'' Rowland wrote. "Your conduct would lead a reasonable person to be concerned that you might become violent.''
Rowland's letter was released because once an appeal is filed, such a letter becomes public and its recipient is identified.
The criminal complaint against Moss identifies the arresting officer as Allen Hancock. Hancock has been the subject of at least four federal lawsuits accusing him of excessive force.
Wednesday, October 19, 2005
Teen Shocked By Taser to Sue Cops
By Jeremy Pawloski, Journal Staff Writer
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
Friday, July 22, 2005
APD Officer Named in Other Excessive Force Lawsuits
Associated Press
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
Thursday, July 7, 2005
Police Abuse? Visiting surgeon weighing options in wake of confrontation with Albuquerque cops
By Leslie Wood
Staff Writer, The Independent
http://www.gallupindependent.com/2005/july/072105pabuse.html
From the home in Gallup where he is staying, GIMC heart surgeon Vincent Moss talks on the phone Wednesday with attorneys about a potential lawsuit against the Albuquerque Police Department for excessive use of force. [Photo by John A. Bowersmith/Independent]
GALLUP — A 34-year-old Gallup Indian Medical Center heart surgeon reclined on a plush cream sofa on Wednesday night as he juggled telephone calls from zealous attorneys hoping to represent him in a potential lawsuit against the Albuquerque Police Department.
To be exact, nine attorneys, from across the nation, have contacted Maryland native Vincent Moss since news broke about an incident where police allegedly beat him up outside an Albuquerque tavern.
However, the officers and bar owner assert appropriate force was used and Moss came toward them in a threatening manner.
Moss was visiting Albuquerque for the weekend after hearing of the city's reputation.
"I was just walking the beautiful streets of Albuquerque," he said. Moss said he approached Maloney's tavern manager Dave Buehring to question why he had not been served, after he had been ignored by the bar's wait staff for nearly 30 minutes.
Albuquerque police officers reportedly watched as Buehring and Moss discussed his treatment outside the downtown establishment and only took action once Moss followed Buehring back into the bar to settle a tab.
The incident escalated when officers grabbed Moss by the shirt and eventually pushed him onto the ground causing his shoulder to dislocate. Meanwhile, Moss said he was trying to introduce himself as a Gallup physician.
In addition to a dislocated shoulder, Moss sustained multiple bruises on his upper arm and left eye. He was subsequently booked into the Albuquerque detention center and made a $75 bond about 12 hours later.
Due to his injuries, Moss said he is unable to conduct surgery without an assistant. He plans to investigate the incident to determine whether a lawsuit is warranted.
"I want to gather all the facts to decide whether I should pursue legal matters," Moss said. "... but I do know excessive force was used."
He's not certain if his neglect as a customer was race-related because the tavern was filled with more than 100 customers at the time, he said. But he did call witness statements that he came toward the officers in an aggressive stance "a complete lie."
"It's unfortunate it happened to me," he said. "But what is fortunate is that I'll do something about it. I'll do whatever it takes."
Moss is temporarily working at GIMC as a heart surgeon until he is deployed to Iraq in September.
"He has been able to do things they usually can't accommodate," Louise Frechette, said of the surgeon who is temporarily staying at her and her husband's home.
When he arrived in Gallup in late June at about 2 a.m., Moss said he was followed to his Linda Street residence by at least three Gallup police officers who were patrolling the area.
He said a female officer pulled him over and asked if he was lost. The officers then followed Moss until he arrived at the location.
"It's so vague that it's not worth filing a complaint," Moss said. "I can't say it was race-related, but you can never rule it out."
He said incidents such as this are a more common of an occurrence since his arrival to the southwest. Gallup Police Chief Sylvester Stanley said it is not the department's policy to pull over a vehicle without probable cause.
"It's not our procedure to follow people regardless of their color," Stanley said.
However, he invited Moss to meet with him if he had a complaint.
Moss said he has already discussed the Albuquerque incident with the Mayor Martin Chavez, the police department and the governor's office.
Buehring could not be reached for comment, as of press time.
Staff Writer, The Independent
http://www.gallupindependent.com/2005/july/072105pabuse.html
From the home in Gallup where he is staying, GIMC heart surgeon Vincent Moss talks on the phone Wednesday with attorneys about a potential lawsuit against the Albuquerque Police Department for excessive use of force. [Photo by John A. Bowersmith/Independent]
GALLUP — A 34-year-old Gallup Indian Medical Center heart surgeon reclined on a plush cream sofa on Wednesday night as he juggled telephone calls from zealous attorneys hoping to represent him in a potential lawsuit against the Albuquerque Police Department.
To be exact, nine attorneys, from across the nation, have contacted Maryland native Vincent Moss since news broke about an incident where police allegedly beat him up outside an Albuquerque tavern.
However, the officers and bar owner assert appropriate force was used and Moss came toward them in a threatening manner.
Moss was visiting Albuquerque for the weekend after hearing of the city's reputation.
"I was just walking the beautiful streets of Albuquerque," he said. Moss said he approached Maloney's tavern manager Dave Buehring to question why he had not been served, after he had been ignored by the bar's wait staff for nearly 30 minutes.
Albuquerque police officers reportedly watched as Buehring and Moss discussed his treatment outside the downtown establishment and only took action once Moss followed Buehring back into the bar to settle a tab.
The incident escalated when officers grabbed Moss by the shirt and eventually pushed him onto the ground causing his shoulder to dislocate. Meanwhile, Moss said he was trying to introduce himself as a Gallup physician.
In addition to a dislocated shoulder, Moss sustained multiple bruises on his upper arm and left eye. He was subsequently booked into the Albuquerque detention center and made a $75 bond about 12 hours later.
Due to his injuries, Moss said he is unable to conduct surgery without an assistant. He plans to investigate the incident to determine whether a lawsuit is warranted.
"I want to gather all the facts to decide whether I should pursue legal matters," Moss said. "... but I do know excessive force was used."
He's not certain if his neglect as a customer was race-related because the tavern was filled with more than 100 customers at the time, he said. But he did call witness statements that he came toward the officers in an aggressive stance "a complete lie."
"It's unfortunate it happened to me," he said. "But what is fortunate is that I'll do something about it. I'll do whatever it takes."
Moss is temporarily working at GIMC as a heart surgeon until he is deployed to Iraq in September.
"He has been able to do things they usually can't accommodate," Louise Frechette, said of the surgeon who is temporarily staying at her and her husband's home.
When he arrived in Gallup in late June at about 2 a.m., Moss said he was followed to his Linda Street residence by at least three Gallup police officers who were patrolling the area.
He said a female officer pulled him over and asked if he was lost. The officers then followed Moss until he arrived at the location.
"It's so vague that it's not worth filing a complaint," Moss said. "I can't say it was race-related, but you can never rule it out."
He said incidents such as this are a more common of an occurrence since his arrival to the southwest. Gallup Police Chief Sylvester Stanley said it is not the department's policy to pull over a vehicle without probable cause.
"It's not our procedure to follow people regardless of their color," Stanley said.
However, he invited Moss to meet with him if he had a complaint.
Moss said he has already discussed the Albuquerque incident with the Mayor Martin Chavez, the police department and the governor's office.
Buehring could not be reached for comment, as of press time.
Saturday, May 21, 2005
Abused Officer Awarded $300,000
Saturday, May 21, 2005
By Jeremy Pawloski
Journal Staff Writer
The state Department of Public Safety paid $300,000 to settle a tort claim brought by a black former State Police officer who, according to court records, was sprayed with Mace, handcuffed to a telephone pole and photographed by a group of fellow officers.
The tort claim was filed by former State Police officer Dexter Brock, who left the department in the wake of the May 2000 incident. The officers were on duty in Los Alamos during the Cerro Grande Fire at the time.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
That former officer, Jerome Sedillo, had filed a lawsuit asking for reinstatement as a police officer. But the lawsuit was dismissed earlier this month by Santa Fe District Judge James Hall.
According to a State Police internal affairs report marked "confidential" and filed by a DPS attorney in connection with Sedillo's lawsuit:
The State Police officers who were present in the area, "a public parking lot," at the time of the May 22, 2000, incident included officer Billy Martinez, officer Adrian Armijo, officer Jerome Sedillo, officer Richard Matthews, former officer Dexter Brock, and Sgt. Jim Long (then officer Long).
DPS spokesman Peter Olson said the officers named in Sedillo's internal affairs report are not necessarily the same officers who were ultimately found to have been involved in the incident involving Brock. He also said he could not eliminate any of the names.
He also declined to give specific details Friday about which officers were disciplined in relation to the incident or about what their punishments might have been.
Olson did say that discipline was meted out after the incident, and that "people resigned in relation to the incident."
"There were some resignations and some suspensions without pay and some reassignments," Olson said. "It's safe to say people were suspended for their actions or resigned to avoid further incident."
According to the internal affairs report, Sedillo was found to have sprayed Mace into Brock's patrol unit during the incident.
And, in an affidavit by State Police Chief Carlos Maldonado also filed in connection with Sedillo's reinstatement lawsuit, Maldonado wrote that Sedillo in fact Maced Brock "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
However, the internal affairs report also states that Sedillo "did not take an active role in either physically restraining or handcuffing" Brock.
According to the Internal Affairs report:
Sedillo said that officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the black officer included: "Smile so I can see you," "What's up, my nigger?" and "You look like a survivor/victim from the fire."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the other officers involved in the incident, court records state.
Sedillo's attorney, Donald Sears, could not be reached for comment late Friday afternoon.
Brock's father, the Rev. Jonathan Brock of the True Victory Church of God in Christ in Clovis, declined to discuss the incident when reached by telephone on Friday. Jonathan Brock said he would try to reach his son in Florida to see if he wanted to comment on the incident, but Dexter Brock had not contacted the Journal by late Friday afternoon.
By Jeremy Pawloski
Journal Staff Writer
The state Department of Public Safety paid $300,000 to settle a tort claim brought by a black former State Police officer who, according to court records, was sprayed with Mace, handcuffed to a telephone pole and photographed by a group of fellow officers.
The tort claim was filed by former State Police officer Dexter Brock, who left the department in the wake of the May 2000 incident. The officers were on duty in Los Alamos during the Cerro Grande Fire at the time.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
That former officer, Jerome Sedillo, had filed a lawsuit asking for reinstatement as a police officer. But the lawsuit was dismissed earlier this month by Santa Fe District Judge James Hall.
According to a State Police internal affairs report marked "confidential" and filed by a DPS attorney in connection with Sedillo's lawsuit:
The State Police officers who were present in the area, "a public parking lot," at the time of the May 22, 2000, incident included officer Billy Martinez, officer Adrian Armijo, officer Jerome Sedillo, officer Richard Matthews, former officer Dexter Brock, and Sgt. Jim Long (then officer Long).
DPS spokesman Peter Olson said the officers named in Sedillo's internal affairs report are not necessarily the same officers who were ultimately found to have been involved in the incident involving Brock. He also said he could not eliminate any of the names.
He also declined to give specific details Friday about which officers were disciplined in relation to the incident or about what their punishments might have been.
Olson did say that discipline was meted out after the incident, and that "people resigned in relation to the incident."
"There were some resignations and some suspensions without pay and some reassignments," Olson said. "It's safe to say people were suspended for their actions or resigned to avoid further incident."
According to the internal affairs report, Sedillo was found to have sprayed Mace into Brock's patrol unit during the incident.
And, in an affidavit by State Police Chief Carlos Maldonado also filed in connection with Sedillo's reinstatement lawsuit, Maldonado wrote that Sedillo in fact Maced Brock "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
However, the internal affairs report also states that Sedillo "did not take an active role in either physically restraining or handcuffing" Brock.
According to the Internal Affairs report:
Sedillo said that officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the black officer included: "Smile so I can see you," "What's up, my nigger?" and "You look like a survivor/victim from the fire."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the other officers involved in the incident, court records state.
Sedillo's attorney, Donald Sears, could not be reached for comment late Friday afternoon.
Brock's father, the Rev. Jonathan Brock of the True Victory Church of God in Christ in Clovis, declined to discuss the incident when reached by telephone on Friday. Jonathan Brock said he would try to reach his son in Florida to see if he wanted to comment on the incident, but Dexter Brock had not contacted the Journal by late Friday afternoon.
Wednesday, May 18, 2005
'Poor Judgment' in State Cop Incident
Wednesday, May 18, 2005
By Jeremy Pawloski
Journal Staff Writer
An African American State Police officer was sprayed with pepper Mace, handcuffed to a telephone pole and photographed by five other officers in May 2000 in Los Alamos during the Cerro Grande fire, according to court records.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
The report was filed as an exhibit in a state court lawsuit in which former State Police officer Jerome Sedillo was seeking his job back in 2003.
According to the report, Sedillo told investigators that "in his view, the entire event was simply a bunch of horseplay."
Sedillo said officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the African American officer included: "Smile so I can see you," "What's up my nigger" or "You look like a survivor/victim from the fire."
The report found that Sedillo had sprayed the pepper Mace into the African American officer's car at the start of the incident.
Sedillo "was untruthful in his responses to the Internal Affairs investigators when questioned as to whether he sprayed the pepper mace into the officer's car," reads an affidavit from State Police Chief Carlos Maldonado.
Sedillo's lawsuit requesting reinstatement as a State Police officer was denied by a Santa Fe District judge on May 2.
Santa Fe District Judge James Hall determined that Maldonado's decision to not reinstate Sedillo after he resigned "was not arbitrary or capricious."
Sedillo's attorney, Donald Sears of Albuquerque, did not have an immediate comment when reached by telephone on Tuesday.
According to court records included in Sedillo's suit:
A criminal investigation into the allegations of Sedillo's participation in the May 22, 2000, incident "while in a parking lot within the 'burned out' area of Los Alamos" determined that Sedillo "did not take an active role in either physically restraining or handcuffing" the African American officer.
But Maldonado, in his affidavit, states that Sedillo "pepper maced" the officer "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the four other officers involved in the incident, court records state.
Santa Fe District Attorney Henry Valdez said Tuesday that his recollection of the Los Alamos incident is that "we didn't feel there was sufficient evidence available to get a conviction."
In Sedillo's original lawsuit, he says he resigned to take another job before facing any discipline in this incident. He also said he knew of no punishment meted out to any of the other officers implicated.
Police spokesman Peter Olson said information on whether the officers were disciplined was unavailable Tuesday.
In its response to Sedillo's lawsuit, the state acknowledges paying a substantial settlement to the African American officer on a discrimination claim. That officer is no longer with the State Police.
Sedillo is one of four State Police officers whose on-duty misbehavior is a matter of public record in court filings available in Santa Fe District Court.
Three other officers, all currently on administrative leave, have part of their disciplinary records included in court exhibits that are part of a May 16 motion.
The motion filed by Albert Fugere, deputy chief counsel for DPS, asks the court to dismiss the officers' petition for a stay in their administrative disciplinary proceedings and to deny their request for an injunction that would halt those disciplinary proceedings.
"They want to derail the disciplinary process," Fugere said Tuesday.
The three State Police officers who are plaintiffs in the motion are Agent Stephen Montoya, Sgt. Edward Cortez and Lt. Paul Sanchez.
Montoya, Cortez and Sanchez are among a group of officers who are receiving pay while on administrative leave for allegations of wrongdoing, a fact that raised the ire of some lawmakers when it became public last year.
The May 16 motion to dismiss the officers' petition for a stay includes for the first time details of the allegations against them that are part of their DPS file.
According to DPS records in the motion:
Montoya was accused in June 2003 of not returning all of the money that was taken from a suspect during a narcotics seizure after the suspect was stopped on Interstate 25. The suspect claimed he had over $2,000 when he was brought in for questioning, but was given only $210 when his property was returned.
"During the course of this investigation, a polygraph examination was administered to Agent Montoya, which he failed, resulting in a subsequent allegation of untruthfulness being brought against him," reads the investigative file.
Montoya's attorney, Joseph Riggs of Albuquerque, could not be reached for comment Tuesday.
Cortez was accused of claiming overtime for hours he did not work and of falsifying official department documents while on special assignment in Red River in May 2002.
"Additionally, it was alleged that he approved false or inaccurate payroll records for subordinates also working the special assignment," reads his file.
Cortez's attorney, Rob Perry, said Tuesday that the May 16 court filing detailing officers' disciplinary records amounts to a "smear campaign," and clouds the real issue— that DPS has left officers facing discipline in limbo by delaying the process.
Fugere said he had to file the exhibits that included parts of the officers' disciplinary records so that a judge could properly weigh the officers' interest against the public interest.
"When you read what these officers are charged with having done, the public's interest is in having these individuals not be police officers," Fugere siad.
Lt. Sanchez was accused of establishing "a sexual relationship with the wife of a man who (he) arrested and transported for incarceration."
Sanchez also was accused of harassing and battering the husband of the woman. The review of this incident revealed "a serious and similar pattern of alleged misconduct spanning many years, involving relationships with females, wherein Lieutenant Sanchez was alleged to have engaged in abusive and/or abusive behaviors."
Sanchez's attorney, Alan Maestas, could not be reached for comment Tuesday.
By Jeremy Pawloski
Journal Staff Writer
An African American State Police officer was sprayed with pepper Mace, handcuffed to a telephone pole and photographed by five other officers in May 2000 in Los Alamos during the Cerro Grande fire, according to court records.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
The report was filed as an exhibit in a state court lawsuit in which former State Police officer Jerome Sedillo was seeking his job back in 2003.
According to the report, Sedillo told investigators that "in his view, the entire event was simply a bunch of horseplay."
Sedillo said officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the African American officer included: "Smile so I can see you," "What's up my nigger" or "You look like a survivor/victim from the fire."
The report found that Sedillo had sprayed the pepper Mace into the African American officer's car at the start of the incident.
Sedillo "was untruthful in his responses to the Internal Affairs investigators when questioned as to whether he sprayed the pepper mace into the officer's car," reads an affidavit from State Police Chief Carlos Maldonado.
Sedillo's lawsuit requesting reinstatement as a State Police officer was denied by a Santa Fe District judge on May 2.
Santa Fe District Judge James Hall determined that Maldonado's decision to not reinstate Sedillo after he resigned "was not arbitrary or capricious."
Sedillo's attorney, Donald Sears of Albuquerque, did not have an immediate comment when reached by telephone on Tuesday.
According to court records included in Sedillo's suit:
A criminal investigation into the allegations of Sedillo's participation in the May 22, 2000, incident "while in a parking lot within the 'burned out' area of Los Alamos" determined that Sedillo "did not take an active role in either physically restraining or handcuffing" the African American officer.
But Maldonado, in his affidavit, states that Sedillo "pepper maced" the officer "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the four other officers involved in the incident, court records state.
Santa Fe District Attorney Henry Valdez said Tuesday that his recollection of the Los Alamos incident is that "we didn't feel there was sufficient evidence available to get a conviction."
In Sedillo's original lawsuit, he says he resigned to take another job before facing any discipline in this incident. He also said he knew of no punishment meted out to any of the other officers implicated.
Police spokesman Peter Olson said information on whether the officers were disciplined was unavailable Tuesday.
In its response to Sedillo's lawsuit, the state acknowledges paying a substantial settlement to the African American officer on a discrimination claim. That officer is no longer with the State Police.
Sedillo is one of four State Police officers whose on-duty misbehavior is a matter of public record in court filings available in Santa Fe District Court.
Three other officers, all currently on administrative leave, have part of their disciplinary records included in court exhibits that are part of a May 16 motion.
The motion filed by Albert Fugere, deputy chief counsel for DPS, asks the court to dismiss the officers' petition for a stay in their administrative disciplinary proceedings and to deny their request for an injunction that would halt those disciplinary proceedings.
"They want to derail the disciplinary process," Fugere said Tuesday.
The three State Police officers who are plaintiffs in the motion are Agent Stephen Montoya, Sgt. Edward Cortez and Lt. Paul Sanchez.
Montoya, Cortez and Sanchez are among a group of officers who are receiving pay while on administrative leave for allegations of wrongdoing, a fact that raised the ire of some lawmakers when it became public last year.
The May 16 motion to dismiss the officers' petition for a stay includes for the first time details of the allegations against them that are part of their DPS file.
According to DPS records in the motion:
Montoya was accused in June 2003 of not returning all of the money that was taken from a suspect during a narcotics seizure after the suspect was stopped on Interstate 25. The suspect claimed he had over $2,000 when he was brought in for questioning, but was given only $210 when his property was returned.
"During the course of this investigation, a polygraph examination was administered to Agent Montoya, which he failed, resulting in a subsequent allegation of untruthfulness being brought against him," reads the investigative file.
Montoya's attorney, Joseph Riggs of Albuquerque, could not be reached for comment Tuesday.
Cortez was accused of claiming overtime for hours he did not work and of falsifying official department documents while on special assignment in Red River in May 2002.
"Additionally, it was alleged that he approved false or inaccurate payroll records for subordinates also working the special assignment," reads his file.
Cortez's attorney, Rob Perry, said Tuesday that the May 16 court filing detailing officers' disciplinary records amounts to a "smear campaign," and clouds the real issue— that DPS has left officers facing discipline in limbo by delaying the process.
Fugere said he had to file the exhibits that included parts of the officers' disciplinary records so that a judge could properly weigh the officers' interest against the public interest.
"When you read what these officers are charged with having done, the public's interest is in having these individuals not be police officers," Fugere siad.
Lt. Sanchez was accused of establishing "a sexual relationship with the wife of a man who (he) arrested and transported for incarceration."
Sanchez also was accused of harassing and battering the husband of the woman. The review of this incident revealed "a serious and similar pattern of alleged misconduct spanning many years, involving relationships with females, wherein Lieutenant Sanchez was alleged to have engaged in abusive and/or abusive behaviors."
Sanchez's attorney, Alan Maestas, could not be reached for comment Tuesday.
Saturday, January 15, 2005
APD Chief Stands by Officer; Racial Profiling Accusation Made
By T.J. Wilham, Journal Staff Writer
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Saturday, May 22, 2004
Muslim Mallgoers Detained by Police
By Olivier Uyttebrouck, Journal Staff Writer
Members of Albuquerque's Islamic community said police practiced racial profiling on Sunday by detaining eight people for up to two hours at Coronado Center.
Essa Dalloul, 20, said an Albuquerque police officer stopped him about 6 p.m. in the mall concourse, placed him in handcuffs and made him sit on the floor for nearly two hours before releasing him.
"I felt kind of embarrassed and humiliated," Dalloul said Friday at a news conference at the Islamic Center of New Mexico. "I just went shopping, and I find myself on the floor in handcuffs."
Albuquerque Police Department Chief Gil Gallegos said officers were summoned by mall security after two Middle Eastern men were seen praying outside the mall. Dalloul, who was not one of the men praying, was cuffed and detained for about 45 minutes, he said.
"He was not arrested and he was not mistreated," Gallegos said of Dalloul. "There was no racial profiling."
Police have remained on heightened alert since the Sept. 11, 2001, attacks, he said.
"We responded to (mall) security's call," he said. "Doing anything less would be a disservice because of security concerns since 9/11."
Ahmad Assed, Dalloul's attorney, said the report of Islamic men praying near the mall did not justify police detaining and cuffing Dalloul, an Albuquerque resident and U.S. citizen.
Muslims pray five times a day and the two men had found a grassy place near the mall to pray, Assed said. Police brought the two men into the mall but did not cuff them, he said.
Five of Dalloul's friends and relatives asked police why they were holding Dalloul, Assed said. Police responded by seizing their identification cards until about 8 p.m., he said.
"We strongly recommend that (Albuquerque police) make an effort to educate its personnel on Islamic practices and that it make an effort to reach out to our Islamic community," board members of the Islamic Center said in a written statement.
Members of Albuquerque's Islamic community said police practiced racial profiling on Sunday by detaining eight people for up to two hours at Coronado Center.
Essa Dalloul, 20, said an Albuquerque police officer stopped him about 6 p.m. in the mall concourse, placed him in handcuffs and made him sit on the floor for nearly two hours before releasing him.
"I felt kind of embarrassed and humiliated," Dalloul said Friday at a news conference at the Islamic Center of New Mexico. "I just went shopping, and I find myself on the floor in handcuffs."
Albuquerque Police Department Chief Gil Gallegos said officers were summoned by mall security after two Middle Eastern men were seen praying outside the mall. Dalloul, who was not one of the men praying, was cuffed and detained for about 45 minutes, he said.
"He was not arrested and he was not mistreated," Gallegos said of Dalloul. "There was no racial profiling."
Police have remained on heightened alert since the Sept. 11, 2001, attacks, he said.
"We responded to (mall) security's call," he said. "Doing anything less would be a disservice because of security concerns since 9/11."
Ahmad Assed, Dalloul's attorney, said the report of Islamic men praying near the mall did not justify police detaining and cuffing Dalloul, an Albuquerque resident and U.S. citizen.
Muslims pray five times a day and the two men had found a grassy place near the mall to pray, Assed said. Police brought the two men into the mall but did not cuff them, he said.
Five of Dalloul's friends and relatives asked police why they were holding Dalloul, Assed said. Police responded by seizing their identification cards until about 8 p.m., he said.
"We strongly recommend that (Albuquerque police) make an effort to educate its personnel on Islamic practices and that it make an effort to reach out to our Islamic community," board members of the Islamic Center said in a written statement.
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