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.
Saturday, January 15, 2005
Thursday, January 13, 2005
Former APD Officer Facing Lawsuits in Suspected Assaults
By Scott Sandlin, Journal Staff Writer
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
Thursday, December 16, 2004
City: Former APD Officer Stole $700 From Man He Arrested
By Jeff Proctor, Journal Staff Writer
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
Saturday, December 11, 2004
APD Racial Profiling Allegations Continue
aturday, December 11, 2004
APD Racial Profiling Allegations Continue
By Jeff Proctor
Journal Staff Writer
The Albuquerque Police Oversight Commission says accusations of racial profiling have not ceased.
The commission voted unanimously Thursday to direct the city's Independent Review Office to send a letter to APD Chief Gilbert Gallegos, asking him to look closely at whether biased-based policing is practiced by the department.
According to APD's procedures, officers are not to target individuals based on race, ethnicity, gender, sexual orientation, religious affiliation or economic status.
"If APD does not practice it, we need to find a way for them to not be accused of it so often," said the Rev. J. L'Keith Jones, a commission member. "Their standard needs to be upheld, and the mayor's task force needs to be upheld."
Mayor Martin Chávez created the 18-member task force in March to determine whether biased-based policing occurs within the city.
The commission has dealt with numerous instances of alleged profiling, most recently on Thursday, when it considered a complaint filed on behalf of Essa Dalloul.
In May, Albuquerque police detained Dalloul, then 20, for more than two hours at Coronado Center after mall security guards saw two Middle Eastern men praying outside. However, Dalloul was not one of the men praying, according to an Independent Review Office investigation.
The officers didn't arrest Dalloul, but when they checked his identification against a national database, a notice appeared to contact the FBI, the investigation shows.
Officers also detained several "Arab" people inside the mall who said they knew Dalloul and asked them for ID, the investigation states.
Initially, Gallegos told the officers not to talk about the reasons they called the FBI, and he also refused to be interviewed by the Independent Review Office. Gallegos and the officers later cooperated.
Gallegos and Independent Review Officer Jay Rowland determined there was not enough evidence to say the officers used racial profiling, so they did not sustain the complaint. Dalloul could not be reached for comment.
"I agree that racial profiling takes place, but, in this case, it sounds like the officers got it straightened out after they discovered they had the wrong guy," said Commissioner Michael Cook, who along with five other commissioners upheld Rowland's decision.
And though Jones also agreed to not sustain the complaint, he issued a stern warning: "We need to address this, and the chief needs to address this, or as long as our military is in Iraq, we're going to have a steady stream of cases coming before us with members of the Arab community."
APD Racial Profiling Allegations Continue
By Jeff Proctor
Journal Staff Writer
The Albuquerque Police Oversight Commission says accusations of racial profiling have not ceased.
The commission voted unanimously Thursday to direct the city's Independent Review Office to send a letter to APD Chief Gilbert Gallegos, asking him to look closely at whether biased-based policing is practiced by the department.
According to APD's procedures, officers are not to target individuals based on race, ethnicity, gender, sexual orientation, religious affiliation or economic status.
"If APD does not practice it, we need to find a way for them to not be accused of it so often," said the Rev. J. L'Keith Jones, a commission member. "Their standard needs to be upheld, and the mayor's task force needs to be upheld."
Mayor Martin Chávez created the 18-member task force in March to determine whether biased-based policing occurs within the city.
The commission has dealt with numerous instances of alleged profiling, most recently on Thursday, when it considered a complaint filed on behalf of Essa Dalloul.
In May, Albuquerque police detained Dalloul, then 20, for more than two hours at Coronado Center after mall security guards saw two Middle Eastern men praying outside. However, Dalloul was not one of the men praying, according to an Independent Review Office investigation.
The officers didn't arrest Dalloul, but when they checked his identification against a national database, a notice appeared to contact the FBI, the investigation shows.
Officers also detained several "Arab" people inside the mall who said they knew Dalloul and asked them for ID, the investigation states.
Initially, Gallegos told the officers not to talk about the reasons they called the FBI, and he also refused to be interviewed by the Independent Review Office. Gallegos and the officers later cooperated.
Gallegos and Independent Review Officer Jay Rowland determined there was not enough evidence to say the officers used racial profiling, so they did not sustain the complaint. Dalloul could not be reached for comment.
"I agree that racial profiling takes place, but, in this case, it sounds like the officers got it straightened out after they discovered they had the wrong guy," said Commissioner Michael Cook, who along with five other commissioners upheld Rowland's decision.
And though Jones also agreed to not sustain the complaint, he issued a stern warning: "We need to address this, and the chief needs to address this, or as long as our military is in Iraq, we're going to have a steady stream of cases coming before us with members of the Arab community."
Monday, November 22, 2004
We Got The Camera: CopWatch Starts Patrolling Albuquerque
For Immediate Release:
We Got The Camera: Cop Watch Starts Patrolling Albuquerque
Email: Copwatch505 (at) riseup (dot) net
In response to incidents of police brutality a group of Albuquerque
residents have banded together to change the way police treat people. They
will soon be hitting the streets with bright orange shirts, knowledge of
the law, and video cameras aimed at local police.
Cop Watch seeks to change the ways in which police treat youth of color,
homeless people, and the public generally.
Cop Watch is hosting a training on how and why citizen monitoring of police
behavior is a good idea, how to be safe and effective, and what your legal
rights are when dealing with the police.
Inspired by the community cop watching patrols of the Black Panther Party
and the Brown Berets, the Cop Watch movement has grown in recent years to
include several groups across the country. The goal of CopWatch is to
change the behavior of the police, and in some cities, they have. In
Phoenix, AZ, police are now trained to always behave as if they are always
being filmed and watched by citizens. This was not part of their training
until Phoenix Cop Watch began patrolling.
Houston Cop Watch member Heather Ajani says that Cop Watch has changed
police behavior in cities like Phoenix and Houston. “When they are being
filmed, police are more polite and respectful of people they are
detaining, questioning, or apprehending.”
The impetus to start civilian patrols of the police in Albuquerque came
from a series of meetings that Vecinos United and other community based
organizations were having with victims of police brutality. Vecinos United
organizer Andres Valdez was part of the campaign which pushed the city to
create a Police Oversight Commission four years ago.
Now he says that the POC, lacking independence and authority has proved to
be “pretty much a rubber stamp for the police and they regard it as a
joke.” Valdez says that Cop Watch will be good because “Now we have to do
as much as we can for and by ourselves.”
Many victims of police brutality fear lodging formal complaints with the
city and say that police have engaged in intimidation to silence them.
Cop Watch hopes to change this by educating people about their legal rights
and working with community organizations to bring about justice.
The day long training session will be on December 4th at 929.5 4th St SW,
starting at 9:30 am. The training is free to the general public, but no
public or private law enforcement officers are allowed to attend. Coffee
and meals will provided. Those who need childcare should notify the
organizers. Those who wish to attend should RSVP by email or phone.
We Got The Camera: Cop Watch Starts Patrolling Albuquerque
Email: Copwatch505 (at) riseup (dot) net
In response to incidents of police brutality a group of Albuquerque
residents have banded together to change the way police treat people. They
will soon be hitting the streets with bright orange shirts, knowledge of
the law, and video cameras aimed at local police.
Cop Watch seeks to change the ways in which police treat youth of color,
homeless people, and the public generally.
Cop Watch is hosting a training on how and why citizen monitoring of police
behavior is a good idea, how to be safe and effective, and what your legal
rights are when dealing with the police.
Inspired by the community cop watching patrols of the Black Panther Party
and the Brown Berets, the Cop Watch movement has grown in recent years to
include several groups across the country. The goal of CopWatch is to
change the behavior of the police, and in some cities, they have. In
Phoenix, AZ, police are now trained to always behave as if they are always
being filmed and watched by citizens. This was not part of their training
until Phoenix Cop Watch began patrolling.
Houston Cop Watch member Heather Ajani says that Cop Watch has changed
police behavior in cities like Phoenix and Houston. “When they are being
filmed, police are more polite and respectful of people they are
detaining, questioning, or apprehending.”
The impetus to start civilian patrols of the police in Albuquerque came
from a series of meetings that Vecinos United and other community based
organizations were having with victims of police brutality. Vecinos United
organizer Andres Valdez was part of the campaign which pushed the city to
create a Police Oversight Commission four years ago.
Now he says that the POC, lacking independence and authority has proved to
be “pretty much a rubber stamp for the police and they regard it as a
joke.” Valdez says that Cop Watch will be good because “Now we have to do
as much as we can for and by ourselves.”
Many victims of police brutality fear lodging formal complaints with the
city and say that police have engaged in intimidation to silence them.
Cop Watch hopes to change this by educating people about their legal rights
and working with community organizations to bring about justice.
The day long training session will be on December 4th at 929.5 4th St SW,
starting at 9:30 am. The training is free to the general public, but no
public or private law enforcement officers are allowed to attend. Coffee
and meals will provided. Those who need childcare should notify the
organizers. Those who wish to attend should RSVP by email or phone.
Wednesday, August 11, 2004
Weak Link in Police Oversight
Letters to The Editor, Albuquerque Journal
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
HAVE YOU EVER wondered why police get abusive and unprofessional and why they mistreat those that they are paid to serve and protect? From my experience, it appears that the police chief encourages them by supporting them and defending them, no matter how wrong they are.
Two officers came on my property looking for someone else and I was kicked in the back. The officers refused to identify themselves, so we took their picture in order to document their identity. We requested a supervisor and the sergeant that came out did not even want to interview us. She only wanted to speak to the officers. ...
I filed a citizen's complaint and Internal Affairs (APD) tried to investigate. When I found out that their decision would be final, without my having a right to appeal, I demanded that the independent review officer handle the investigation.
Jay Rowland's office conducted a cursory investigation and found in favor of the police. Out of a total of 13 witnesses, plus an additional three police officers, Rowland's office interviewed only two of the officers and only three witnesses in order to reach a conclusion.
I appealed this decision to the Police Oversight Commission (POC), which, at Rowland's recommendation, voted not to hear my appeal. I appealed this decision to the chief administrative officer for the city and he decided that my appeal should be heard.
I presented my case and the POC found in my favor and overturned Rowland's findings. They found that the officers used excessive force, acted in an unprofessional manner and violated standard operating procedure by refusing to provide me with their names and badge numbers. I felt vindicated.
Now, I've found out that the police chief will not accept the POC's decision and instead continues to back his police officers. ... It's quite evident the chief does not respect the POC and will back his officers, even if their actions are wrong.
The City Council has made changes to the POC ordinance to strengthen it. May I suggest one more change, the police chief!
JAIME A. GALINDO
Albuquerque
Friday, July 16, 2004
Ex-City Cop Won't Be Retried on Sex Charge
Journal Staff Report
Bernalillo County prosecutors say they will not seek a retrial for a former Albuquerque police sergeant charged in 2001 with molesting a child.
Mike Garcia, 47, was tried last month, but the jury deadlocked on the most serious charge of criminal sexual contact with a minor. Jurors voted 11-1 in favor of acquittal.
Jurors acquitted Garcia on a lesser charge of tampering with evidence.
Deputy District Attorney Lisa Trabaudo this week filed papers to drop the sexual contact charge against Garcia, saying the victim in the case did not want a retrial.
Mary Han, Garcia's attorney, applauded Trabaudo's decision Thursday.
"I know the district attorney is not going to regret doing this," Han said. "I'm grateful that Lisa Trabaudo made the right decision."
Garcia, an 18-year veteran of the force, had been a supervisor of APD's school resource officer program.
He was fired in October 2001 shortly after he was indicted by a Bernalillo grand jury for inappropriately touching a 12-year-old girl who was staying at his family's Albuquerque home. He was fired less than two years before retirement.
Bernalillo County prosecutors say they will not seek a retrial for a former Albuquerque police sergeant charged in 2001 with molesting a child.
Mike Garcia, 47, was tried last month, but the jury deadlocked on the most serious charge of criminal sexual contact with a minor. Jurors voted 11-1 in favor of acquittal.
Jurors acquitted Garcia on a lesser charge of tampering with evidence.
Deputy District Attorney Lisa Trabaudo this week filed papers to drop the sexual contact charge against Garcia, saying the victim in the case did not want a retrial.
Mary Han, Garcia's attorney, applauded Trabaudo's decision Thursday.
"I know the district attorney is not going to regret doing this," Han said. "I'm grateful that Lisa Trabaudo made the right decision."
Garcia, an 18-year veteran of the force, had been a supervisor of APD's school resource officer program.
He was fired in October 2001 shortly after he was indicted by a Bernalillo grand jury for inappropriately touching a 12-year-old girl who was staying at his family's Albuquerque home. He was fired less than two years before retirement.
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