ACLU lawsuit details DWI scheme rocking Albuquerque police
ALBUQUERQUE, N.M. — A civil rights group is suing the city of Albuquerque, its police department and top officials on behalf of a man who was among those arrested on suspicion of driving under the influence and who was allegedly forced to pay bribes to have the charges dropped.
The DWI scandal has already drawn police in New Mexico’s largest city into a federal investigation an internal investigation. One commander has been firedseveral others have resigned and dozens of cases have been dismissed.
The American Civil Liberties Union of New Mexico has filed court case Late Monday in state court. It is alleged that Police Chief Harold Medina was aware of an agreement between some officers assigned to the DWI unit and a local law firm to work together to get cases dismissed for a fee.
The police department and the city planned to address the latest allegations in a statement later Wednesday.
The ACLU filed the complaint on behalf of Carlos Sandoval-Smith, saying he was one of dozens of people “victimized” for five years as part of the scheme.
“This lawsuit isn’t just about getting justice for me, it’s about stopping this abuse so that no one else has to suffer the same way I did,” Sandoval-Smith said in a statement Monday. “I lost my business, my home and my dignity because of the APD’s corruption. In fact, it created a deep rift in my family that we may never heal from.”
In addition to the internal investigation launched by police in February, the FBI is conducting its own investigation into allegations of illegal conduct. No charges have been filed and it is up to the U.S. Attorney’s Office to determine whether any federal laws were violated.
According to the lawsuit, the officers named in the complaint would refer drunk driving cases to a specific attorney and the officers would agree not to attend preliminary hearings or testify so the charges would be dismissed.
The lawsuit states that federal authorities first notified police in June 2022 of an alleged attempt by one of the officers to extort $10,000 from a defendant. It goes on to say that in December 2022, the police department’s Criminal Intelligence Unit received a tip that DWI unit officers were being paid to get cases dismissed and were working with a local attorney.
The city and the police chief “did not adequately investigate these allegations, if at all, prior to the involvement of federal authorities,” the ACLU alleges in the complaint.
In Sandoval-Smith’s case, he was initially stopped for speeding in June 2023. The lawsuit alleges that an officer unlawfully expanded the scope of the traffic stop by initiating a DUI investigation without reasonable suspicion. Sandoval-Smith was arrested despite performing well on several field sobriety tests.
According to the complaint, Sandoval-Smith was referred to a particular attorney, whose legal assistant demanded $7,500 upfront as part of the scheme.
Attorney Tom Clear and assistant Rick Mendez are also named as defendants. An office telephone number is no longer in use. An email seeking comment was sent to Clear.
The ACLU’s complaint also points to what it describes as negligent hiring, training and supervision by police.
Maria Martinez Sanchez, legal director for the civil rights group, said she hopes the lawsuit will result in reforms to dismantle what she described as “systemic corruption” within the law enforcement agency.