Albuquerque Journal Staff Report
The son of the Albuquerque Police DWI commander, who was charged in May on suspicion of being a minor in possession of alcohol, had his case dismissed in Metropolitan Court on Tuesday.
Samuel Armijo, the 20-year-old son of Sgt. Louis Armijo, was late for his appearance before Metropolitan Court Judge Sharon Walton, court records show.
But so was the arresting officer, who was to testify, according to court records. The officer sent word to the court that he was having car problems, but the message didn't get through until after the case had been called.
The case had been continued twice— once because the judge wasn't available, the other because the officer was out of state— and the rule requiring cases be adjudicated within six months was set to expire Dec. 19, court records show.
State Department of Public Safety officers stopped Armijo April 14 on suspicion of drunken driving. He showed signs of impairment but was ultimately taken home by his father. Sgt. Armijo was on duty at the time.
Albuquerque police officials said they have conducted an investigation and found that Sgt. Armijo did nothing wrong.
Both APD and DPS have said the other should have arrested Samuel Armijo on DWI charges.
Wednesday, December 12, 2007
Cop Accused of Rape Resigns
By T.J. Wilham, Albuquerque Journal Staff Writer
An Albuquerque police officer accused of raping a female suspect has resigned.
Officer David Maes, 28, was placed on paid administrative leave two months ago following his Oct. 11 arrest on charges of criminal sexual penetration in connection with the sexual assault of an inmate he was transporting.
Maes has not been indicted by a grand jury.
Police Chief Ray Schultz said Tuesday his investigators had just completed a criminal investigation into the incident and were starting an internal inquiry when Maes resigned.
Schultz said Maes likely would have been fired if he hadn't quit.
"It was the right thing for him to do," Schultz said. "His biggest concern at this point is the criminal investigation."
According to court records, Maes was arrested six days after a woman told Metropolitan Detention Center officers that she had been raped by Maes while en route to jail.
The woman had been arrested after a stolen car she was riding in was involved in a crash.
While detectives were questioning the woman, she complained her vision was blurry and was taken to Lovelace Hospital for treatment.
Maes was assigned to guard her and transport her to jail once she received treatment. While at the hospital, Maes allegedly sexually assaulted the woman in an exam area and then assaulted her again when he stopped at a baseball field before taking her to jail, according to court records.
Maes had been an Albuquerque police officer since Jan. 22, 2005.Cr
An Albuquerque police officer accused of raping a female suspect has resigned.
Officer David Maes, 28, was placed on paid administrative leave two months ago following his Oct. 11 arrest on charges of criminal sexual penetration in connection with the sexual assault of an inmate he was transporting.
Maes has not been indicted by a grand jury.
Police Chief Ray Schultz said Tuesday his investigators had just completed a criminal investigation into the incident and were starting an internal inquiry when Maes resigned.
Schultz said Maes likely would have been fired if he hadn't quit.
"It was the right thing for him to do," Schultz said. "His biggest concern at this point is the criminal investigation."
According to court records, Maes was arrested six days after a woman told Metropolitan Detention Center officers that she had been raped by Maes while en route to jail.
The woman had been arrested after a stolen car she was riding in was involved in a crash.
While detectives were questioning the woman, she complained her vision was blurry and was taken to Lovelace Hospital for treatment.
Maes was assigned to guard her and transport her to jail once she received treatment. While at the hospital, Maes allegedly sexually assaulted the woman in an exam area and then assaulted her again when he stopped at a baseball field before taking her to jail, according to court records.
Maes had been an Albuquerque police officer since Jan. 22, 2005.Cr
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.
Wednesday, October 31, 2007
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."
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."
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
Saturday, August 25, 2007
Ex-Cop's Charges In Rape Dropped
Journal Staff Report
The New Mexico Attorney General's Office filed paperwork Friday saying it is dropping the sexual assault case against fired Albuquerque police officer Timothy Chavez.
The notice was filed without prejudice, meaning the case could be refiled.
Attorney general spokesman Phil Cisneros said a nolle prosequi was filed because "we didn't feel it would serve the public to proceed."
"It's a good day for Tim. He can put this to rest," said Mary Han, who with co-counsel Paul Kennedy defended Chavez at trial this month. The trial ended Aug. 14 with a hung jury that voted 11-1 for acquittal on all but one count. It voted 10-2 for acquittal on that count.
"They spent vast amounts of money prosecuting a case I think they didn't analyze carefully. They put that man through all kinds of hell, when there perhaps were other remedies they could have sought and didn't even try," Han said.
Chavez, then a 33-year-old decorated vice cop, was arrested on the rape charges in May 2005. The girl told police she had been raped after meeting a man on Live Links, an adult telephone dating service.
The girl admitted during testimony that she had lied about her age to Chavez and other men to get onto the service.
Chavez said that the sex was consensual and that he thought the girl was 18.
The girl, Marissa Mason, and her mother have filed a civil lawsuit against Chavez and Albuquerque. The city is defending that lawsuit.
The New Mexico Attorney General's Office filed paperwork Friday saying it is dropping the sexual assault case against fired Albuquerque police officer Timothy Chavez.
The notice was filed without prejudice, meaning the case could be refiled.
Attorney general spokesman Phil Cisneros said a nolle prosequi was filed because "we didn't feel it would serve the public to proceed."
"It's a good day for Tim. He can put this to rest," said Mary Han, who with co-counsel Paul Kennedy defended Chavez at trial this month. The trial ended Aug. 14 with a hung jury that voted 11-1 for acquittal on all but one count. It voted 10-2 for acquittal on that count.
"They spent vast amounts of money prosecuting a case I think they didn't analyze carefully. They put that man through all kinds of hell, when there perhaps were other remedies they could have sought and didn't even try," Han said.
Chavez, then a 33-year-old decorated vice cop, was arrested on the rape charges in May 2005. The girl told police she had been raped after meeting a man on Live Links, an adult telephone dating service.
The girl admitted during testimony that she had lied about her age to Chavez and other men to get onto the service.
Chavez said that the sex was consensual and that he thought the girl was 18.
The girl, Marissa Mason, and her mother have filed a civil lawsuit against Chavez and Albuquerque. The city is defending that lawsuit.
Tuesday, August 21, 2007
Councilor wants gang members posted online
By: Eric Kahnert, Eyewitness News 4, and Reed Upton, KOB.com
See Tha Video Here
A city councilor working with the mayor’s office has introduced legislation that would create an online registry of the mug shots of gang members. Councilor Ken Sanchez introduced the bill Monday night. The council will consider it at the next council meeting. Under Sanchez’s proposal, the pictures and names of gang members would be available on line if APD determines someone was involved in a gang related crime. Addresses will not be posted with the pictures and names in order to minimize the possibility of retaliation.
Sanchez says, unlike the sex offenders Website, people on the gang Website could eventually get off of it.
“Young kids make mistakes and hopefully they will take the right path in the future,” he says. “Once they’re on the registry, it’ll be for two years unless they take a prevention program. [Then] they’ll be taken off immediately.”
*** *** ***
Some thoughts from a citizen with eyes open:
So walking with two of your friends on central will get youth entered into an online database next to sex offenders and pets that the city is about to euthanize!! How would you feel if the APD or APS Police entered your kid into this database, branding them as a gangster for two years, maybe the rest of their life?
How does the APD define who is in a gang? Baggy pants? Brown or Black skin? A blue hat?
This humiliating bill didn't pass, but we should count it as a near victory for legalized racial profiling. Call up Mayor Martin "Gentry" Chavez and Councillor Ken Sanchez and let them know that this looks like just another vindictive attack on youth of color by the City government.
You can leave comments for Councillor Ken Sanchez here:
If the idea is to protect the public, we should create an online database of crooked politicians and abusive cops, with their photos and descriptions of their crimes.
See Tha Video Here
A city councilor working with the mayor’s office has introduced legislation that would create an online registry of the mug shots of gang members. Councilor Ken Sanchez introduced the bill Monday night. The council will consider it at the next council meeting. Under Sanchez’s proposal, the pictures and names of gang members would be available on line if APD determines someone was involved in a gang related crime. Addresses will not be posted with the pictures and names in order to minimize the possibility of retaliation.
Sanchez says, unlike the sex offenders Website, people on the gang Website could eventually get off of it.
“Young kids make mistakes and hopefully they will take the right path in the future,” he says. “Once they’re on the registry, it’ll be for two years unless they take a prevention program. [Then] they’ll be taken off immediately.”
*** *** ***
Some thoughts from a citizen with eyes open:
So walking with two of your friends on central will get youth entered into an online database next to sex offenders and pets that the city is about to euthanize!! How would you feel if the APD or APS Police entered your kid into this database, branding them as a gangster for two years, maybe the rest of their life?
How does the APD define who is in a gang? Baggy pants? Brown or Black skin? A blue hat?
This humiliating bill didn't pass, but we should count it as a near victory for legalized racial profiling. Call up Mayor Martin "Gentry" Chavez and Councillor Ken Sanchez and let them know that this looks like just another vindictive attack on youth of color by the City government.
You can leave comments for Councillor Ken Sanchez here:
If the idea is to protect the public, we should create an online database of crooked politicians and abusive cops, with their photos and descriptions of their crimes.
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