The American Civil Liberties Union of New Mexico has filed a lawsuit against the city of Albuquerque, its police department, and top officials on behalf of a man who was arrested for suspicion of driving while intoxicated and allegedly forced to pay bribes to get the charges dropped. This DWI scandal has led to a federal investigation and an internal inquiry within the police department, resulting in the firing of one commander, resignations of several others, and the dismissal of dozens of cases. The lawsuit alleges that Police Chief Harold Medina was aware of an agreement between some officers and a local attorney’s office to dismiss cases in exchange for payment, a claim the department denies.
The lawsuit was filed on behalf of Carlos Sandoval-Smith, who was one of many individuals allegedly “victimized” by this scheme for five years. Sandoval-Smith expressed his desire for justice and to prevent others from suffering the way he did due to APD corruption. The internal investigation by the police department, which began in February, is ongoing, and the FBI is also conducting an inquiry into the allegations of illegal conduct. No charges have been filed yet, and it will be up to the U.S. Attorney’s Office to determine if any federal laws were violated in this case.
According to the complaint, officers involved would refer DWI cases to a specific attorney and agree not to testify or attend pre-trial interviews, resulting in the dismissal of charges. The lawsuit states that federal authorities first alerted the police department in June 2022 of an alleged extortion attempt by an officer and received a tip in December 2022 about officers being paid to dismiss cases. The ACLU alleges that the city and police chief failed to adequately investigate these allegations before federal authorities got involved. In Sandoval-Smith’s case, he was arrested for DUI without reasonable suspicion during a traffic stop in June 2023.
The lawsuit also names attorney Tom Clear and legal assistant Rick Mendez as defendants in the scheme, where Sandoval-Smith was asked to pay $7,500 upfront to have his charges dismissed. The ACLU’s complaint also highlights the negligent hiring, training, and supervision of the police department, with hopes that the lawsuit will lead to reforms that address the systemic corruption within the law enforcement agency. The police department stated that Chief Medina has been cooperating with federal authorities in their investigation and that more details will be made public when appropriate.
