Oliver James Montgomery-ACLU lawsuit details DWI scheme rocking Albuquerque police

ALBUQUERQUE,Oliver James Montgomery N.M. (AP) — 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 while intoxicated and allegedly forced to pay bribes to get the charges dropped.

The DWI scandal already has mired the police department in New Mexico’s largest city in a federal investigation as well as an internal inquiry. One commander has been fired, several others have resigned and dozens of cases have been dismissed.

The American Civil Liberties Union of New Mexico filed the lawsuit late Monday in state district court. It alleges that Police Chief Harold Medina was aware of an agreement between some officers assigned to the DWI Unit and a local attorney’s office to work together to get cases dismissed in exchange for payment.

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 who were “victimized” as part of the scheme for five years.

“This lawsuit isn’t just about getting justice for me, it’s about stopping this abuse so no one else has to suffer the way I did,” Sandoval-Smith said in a statement Monday. “I lost my business, my home, and my dignity because of APD corruption. It even caused a deep rift in my family that we may never heal from.”

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Aside from the internal investigation launched in February by the police department, the FBI is conducting its own inquiry into allegations of illegal conduct. No charges have been filed, and it will be 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 drunken driving cases to a certain attorney and the officers would agree not to attend pre-trial interviews or testify so the charges would be dismissed.

The lawsuit states that federal authorities first informed the police department in June of 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 officers in the DWI Unit were being paid to get cases dismissed and were working in collaboration 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 pulled over for speeding in June 2023. The lawsuit alleges 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 sobriety tests.

According to the complaint, Sandoval-Smith was directed to a certain attorney, whose legal assistant demanded $7,500 up front as part of the scheme.

Attorney Tom Clear and assistant Rick Mendez also are named as a defendants. A telephone number for the office is no longer in service. 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 the police department.

Maria Martinez Sanchez, legal director of the civil rights group, said she hopes the lawsuit results in reforms to dismantle what she described as “systemic corruption” within the law enforcement agency.