Albuquerque Police Department: Difference between revisions
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http://edition.cnn.com/2014/04/10/justice/albuquerque-police-brutality-report/index.html?hpt=us_c2 |
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• The department's officers "too often used deadly force in an unconstitutional manner," and of the 20 fatal police shootings since 2009, most were not constitutional. |
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The '''Albuquerque Police Department''' is the largest municipal police department in [[New Mexico]], it is located in [[Bernalillo County, New Mexico|Bernalillo County]]. They have [[jurisdiction]] within the city limits, with anything outside of the city limits being considered the unincorporated area of Bernalillo County and governed by the [[Bernalillo County Sheriff's Department]]. In September 2008 the US Department of Justice Bureau of Statistics recorded the Albuquerque Police Department as being the 49th largest police department in the United States.<ref name="BJS_size">{{cite web |url =http://www.bjs.gov/content/pub/pdf/csllea08.pdf | accessdate = 2014-03-31 | author = U.S. Department of Justice | title = Census of State and Local Law Enforcement Agencies, 2008}}</ref> |
The '''Albuquerque Police Department''' is the largest municipal police department in [[New Mexico]], it is located in [[Bernalillo County, New Mexico|Bernalillo County]]. They have [[jurisdiction]] within the city limits, with anything outside of the city limits being considered the unincorporated area of Bernalillo County and governed by the [[Bernalillo County Sheriff's Department]]. In September 2008 the US Department of Justice Bureau of Statistics recorded the Albuquerque Police Department as being the 49th largest police department in the United States.<ref name="BJS_size">{{cite web |url =http://www.bjs.gov/content/pub/pdf/csllea08.pdf | accessdate = 2014-03-31 | author = U.S. Department of Justice | title = Census of State and Local Law Enforcement Agencies, 2008}}</ref> |
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==1973 Discrimination suit== |
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==History== |
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In February 2014, Albuquerque, New Mexico Mayor [[Richard J. Berry]] selected Gorden Eden as APD's police chief. Before that, the police chief was Ray Schultz who stepped down as police chief after the federal government starting investigating APD's [[use of force]].<ref>http://www.nytimes.com/2014/02/15/us/new-mexico-police-chief-chosen-for-embattled-albuquerque-force.html</ref><ref>http://www.abqjournal.com/352961/news/3-left-in-running-for-chief-of-apd.html</ref> |
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===Discrimination suit=== |
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In 1973, the Chicano Police Officer's Association of Albuquerque and twelve Albuquerque police officers sued the city in federal court, alleging that Hispanic-surnamed citizens were discriminated against in the hiring and promotion of police officers.<ref>Cohea, Carol (21 July 1973) "Chicano Police File Suit" ''The Albuquerque Journal'' page 1, column 4</ref> The lawsuit survived adverse testimony<ref>Cohea, Carol (1 December 1973) "Defense Consultant Denies Tests Unfair to Chicano Police Group" ''The Albuquerque Journal'' page 5, column 1</ref> and several motions to dismiss<ref>Staff (21 November 1975) "New Trial Ordered" ''The Albuquerque Journal'' page 4, column 4</ref> and even went up to the [[Supreme Court of the United States]]<ref><u>Stover v. Chicano Police Officers Ass'n</u>, 426 U.S. 944 (1976)</ref> before being scheduled for trial in 1978.<ref name="TenthCir-1980">For case history see: <u>Chicano Police Officer's Association v. Beserra</u>, 624 F.2d 127 (1980 Tenth Circuit, opinion by [[James Kenneth Logan|Judge Logan]])</ref> |
In 1973, the Chicano Police Officer's Association of Albuquerque and twelve Albuquerque police officers sued the city in federal court, alleging that Hispanic-surnamed citizens were discriminated against in the hiring and promotion of police officers.<ref>Cohea, Carol (21 July 1973) "Chicano Police File Suit" ''The Albuquerque Journal'' page 1, column 4</ref> The lawsuit survived adverse testimony<ref>Cohea, Carol (1 December 1973) "Defense Consultant Denies Tests Unfair to Chicano Police Group" ''The Albuquerque Journal'' page 5, column 1</ref> and several motions to dismiss<ref>Staff (21 November 1975) "New Trial Ordered" ''The Albuquerque Journal'' page 4, column 4</ref> and even went up to the [[Supreme Court of the United States]]<ref><u>Stover v. Chicano Police Officers Ass'n</u>, 426 U.S. 944 (1976)</ref> before being scheduled for trial in 1978.<ref name="TenthCir-1980">For case history see: <u>Chicano Police Officer's Association v. Beserra</u>, 624 F.2d 127 (1980 Tenth Circuit, opinion by [[James Kenneth Logan|Judge Logan]])</ref> |
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On May 15, 1978, the parties agreed to a stipulated judgment which required the city to pay $8,000 to Beserra and $8,000 to the Chicano Police Officer's Association and to meet an affirmative action goal of 34% Hispanic-surnamed individuals in the police department by July 1, 1981 and also to complete an affirmative action internal audit of the police department to [[Verification and validation|verifiably validate]] the testing procedures for promotion. The department will also assign a Chicano police officer to the police academy; and expand department language and cultural awareness training.<ref name="TenthCir-1980"/> After the settlement was approved, the lawyers for the Chicano Police Officer's Association asked for additional money from the city for attorney’s fees, and over the dissent of [[Oliver Seth|Chief Judge Seth]], the [[United States Court of Appeals for the Tenth Circuit|U.S. Tenth Circuit Court]] ordered them to be paid.<ref name="TenthCir-1980"/> Despite the settlement, complaints continued<ref>Staff (9 September 1979) "Chcanos Allege Bias" ''The New Mexican'' page 15, column 3</ref> even into the 1990s.<ref name="AP-1993">Associated Press (13 April 1993) "Group challenges hiring practices of Albuquerque Police Department" ''The New Mexican'' page 8, column 1</ref> However, the 34% target had been exceeded by 1993 with a 39.4% Hispanic-surnamed force.<ref name="AP-1993"/> |
On May 15, 1978, the parties agreed to a stipulated judgment which required the city to pay $8,000 to Beserra and $8,000 to the Chicano Police Officer's Association and to meet an affirmative action goal of 34% Hispanic-surnamed individuals in the police department by July 1, 1981 and also to complete an affirmative action internal audit of the police department to [[Verification and validation|verifiably validate]] the testing procedures for promotion. The department will also assign a Chicano police officer to the police academy; and expand department language and cultural awareness training.<ref name="TenthCir-1980"/> After the settlement was approved, the lawyers for the Chicano Police Officer's Association asked for additional money from the city for attorney’s fees, and over the dissent of [[Oliver Seth|Chief Judge Seth]], the [[United States Court of Appeals for the Tenth Circuit|U.S. Tenth Circuit Court]] ordered them to be paid.<ref name="TenthCir-1980"/> Despite the settlement, complaints continued<ref>Staff (9 September 1979) "Chcanos Allege Bias" ''The New Mexican'' page 15, column 3</ref> even into the 1990s.<ref name="AP-1993">Associated Press (13 April 1993) "Group challenges hiring practices of Albuquerque Police Department" ''The New Mexican'' page 8, column 1</ref> However, the 34% target had been exceeded by 1993 with a 39.4% Hispanic-surnamed force.<ref name="AP-1993"/> |
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==2010-2014 Controversies== |
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==Excessive Use of Force== |
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Albuquerque police became the subject of an extended period of public controversy beginning in 2010 following revelations of financial impropriety in the police officers union, and high cash settlements the city had been forced to pay people who had sued the department for various reasons. In addition, media reported that the department has one of the highest rates of shootings in the United States, while the police union had been routinely awarding cash payments to officers involved in shootings to help them recover emotionally from the event.<ref>{{cite web | title= In Albuquerque, an uproar over shootings by police | author= Michael Haederle | publisher = LA Times | date= 14 April 2012 | accessdate = 31 March 2014 | url=http://articles.latimes.com/2012/apr/14/nation/la-na-albuquerque-police-20120415}}</ref><ref>{{cite web | author=Jeri Clausing | title = |
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Albuquerque Police Were Paid 'Bounty' For Shootings Claims Victim's Father Mike Gomez | url = http://www.huffingtonpost.com/2012/03/23/albuquerque-police-shooting-bounty_n_1375638.html | date = 2012-03-23 | accessdate = 2014-03-31}}</ref><ref>{{cite web | url=http://www.nytimes.com/2012/03/25/us/payments-to-albuquerque-officers-involved-in-shootings-called-bounty-system.html?pagewanted=all | author = Manny Fernandez and Dan Frosch | title = Payments to Albuquerque Officers Are Called a ‘Bounty System’ | date = March 24, 2012 | accessdate = March 31, 2014}}</ref> |
Albuquerque Police Were Paid 'Bounty' For Shootings Claims Victim's Father Mike Gomez | url = http://www.huffingtonpost.com/2012/03/23/albuquerque-police-shooting-bounty_n_1375638.html | date = 2012-03-23 | accessdate = 2014-03-31}}</ref><ref>{{cite web | url=http://www.nytimes.com/2012/03/25/us/payments-to-albuquerque-officers-involved-in-shootings-called-bounty-system.html?pagewanted=all | author = Manny Fernandez and Dan Frosch | title = Payments to Albuquerque Officers Are Called a ‘Bounty System’ | date = March 24, 2012 | accessdate = March 31, 2014}}</ref> |
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In November 2012, a survey of Albuquerque police officers found that all but three of the 456 departmental personnel who responded to the questionnaire characterized departmental morale as "low," with 18-percent saying the U.S. Department of Justice should be called on to initiate an inquiry into the department. <ref>{{cite web|title=Survey: APD Officers Say Morale Low|first=Jeff|last=Proctor|date=14 November 2012|work=[[Albuquerque Journal]]|url=http://www.abqjournal.com/146125/news/survey-apd-officers-say-morale-low.html}}</ref> The same month, the United States Department of Justice launched a civil investigation of the Albuquerque Police Department.<ref name="USDOJ">{{cite web | url=http://www.justice.gov/opa/pr/2012/November/12-crt-1415.html | title=Justice Department Launches Investigation of the Albuquerque, N.M., Police Department’s Use of Force | publisher=The United States Department of Justice | date=2012-11-27 | accessdate=2014-03-31 | author=Office of Public Affairs}}</ref><ref>{{cite news | url=http://www.nytimes.com/2012/11/28/us/justice-dept-to-investigate-the-police-in-albuquerque.html?_r=0 | title=Justice Dept. to Investigate the Police in Albuquerque|author=Dan Frosch| date = November 27, 2012|accessdate=March 31, 2014}}</ref> According to that investigation, the APD engaged "in a pattern or practice of violating residents' Fourth Amendment rights" and of using deadly force "in an unconstitutional manner" and called for an extensive series of reforms.<ref>{{cite web|title=Excessive Force Common for Albuquerque Police, Justice Dept. Finds|first=Fernanda|last=Santos|date=10 April 2014|work=[[The New York Times]]|url=http://www.nytimes.com/2014/04/11/us/albuquerque-police-report-justice-department.html}}</ref> While some in the New Mexico legislature called the report an indicator that change in the department was needed, state senator [[Lisa Torraco]] said local prosecutors should also be held accountable for failing to provide proper oversight of the department, explaining her view that district attorney Kari Brandenburg was "the root of the problem."<ref>{{cite web|title=City urged to quickly reform police department|first=Gary|last=Gerew|date=11 April 2014|work=Albuquerque Business Journal|url=http://www.bizjournals.com/albuquerque/blog/morning-edition/2014/04/city-urged-to-quickly-reform-police-department.html?page=all}}</ref> |
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===Department of Justice Investigation=== |
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On Tuesday, November 27, 2012, the United States Department of Justice announced a civil investigation of the Albuquerque Police Department regarding the use of force by the city of Albuquerque Police Department.<ref name="USDOJ">{{cite web | url=http://www.justice.gov/opa/pr/2012/November/12-crt-1415.html | title=Justice Department Launches Investigation of the Albuquerque, N.M., Police Department’s Use of Force | publisher=The United States Department of Justice | date=2012-11-27 | accessdate=2014-03-31 | author=Office of Public Affairs}}</ref><ref>{{cite news | url=http://www.nytimes.com/2012/11/28/us/justice-dept-to-investigate-the-police-in-albuquerque.html?_r=0 | title=Justice Dept. to Investigate the Police in Albuquerque|author=Dan Frosch| date = November 27, 2012|accessdate=March 31, 2014}}</ref> |
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Prior to the report's release, a survey by Albuquerque's [[KOAT-TV]] found that 42-percent of the city's residents trusted police, 22-percent distrusted police, and the remainder "fell somewhere in the middle." City council member Rey Garduno characterized the results of the survey as "not good" for the police department, while mayor [[Richard J. Berry]] said he continued to "stand behind" the police department. <ref>{{cite web|title=Survey: 42 percent of residents trust police|first=|last=|date=10 April 2014|work=[[KOA-TV]]|url=http://www.koat.com/news/new-mexico/albuquerque/Survey-42-percent-of-residents-trust-police/11229220#.T5G05N87ILQ.blogger}}</ref> |
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{{Quote|text=The Justice Department announced today that it has opened a civil investigation into use of force by the city of Albuquerque, N.M., Police Department (APD). The investigation will focus on allegations that APD officers engage in use of excessive force, including use of unreasonable deadly force, in their encounters with civilians.|sign= [[United States Department of Justice]]|source=''http://www.justice.gov/opa/pr/2012/November/12-crt-1415.html"}} |
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In February 2014, Gorden Eden was selected to replace chief Ray Schultz who had stepped down due to ongoing controversy.<ref>http://www.nytimes.com/2014/02/15/us/new-mexico-police-chief-chosen-for-embattled-albuquerque-force.html</ref><ref>http://www.abqjournal.com/352961/news/3-left-in-running-for-chief-of-apd.html</ref> The following month, several hundred Albuquerque residents protested against police in a tumultuous demonstration that ended with the deployment of tear gas and scattered clashes between police and protesters. Mayor Richard Berry said the protest had been sidelined by a smaller group within the larger demonstration that was determined to create havoc.<ref>{{cite news |last=Nottingham |first=Shawn |date=1 April 2014 |title=In Albuquerque, protesters clash with police |url=http://www.cnn.com/2014/03/31/us/new-mexico-protest-police/ |deadurl= |newspaper= |location= |publisher=CNN |archiveurl= |archivedate= |accessdate= }}</REf><ref>{{cite news |last=Hughes |first=Trevor |date=31 March 2014 |title=Albuquerque police face hundreds of protesters |url=http://www.usatoday.com/story/news/nation/2014/03/30/albuquerque-police-protests/7094819/ |deadurl= |newspaper= |location= |publisher=USA Today|archiveurl= |archivedate= |accessdate= }}</ref> |
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In its final report, the Justice Department said that the APD engaged "in a pattern or practice of violating residents' Fourth Amendment rights" and of using deadly force "in an unconstitutional manner" and called for an extensive series of reforms.<ref>{{cite web|title=Excessive Force Common for Albuquerque Police, Justice Dept. Finds|first=Fernanda|last=Santos|date=10 April 2014|work=[[The New York Times]]|url=http://www.nytimes.com/2014/04/11/us/albuquerque-police-report-justice-department.html}}</ref> |
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On May 3 of the same year, police shot and killed Armand Martin. The shooting came following a six-hour standoff between police and Martin, whose wife had called 911 after Martin had allegedly stated his intent to kill his children. According to police, officers opened fire after Martin exited his home shooting wildly at nearby houses with two handguns.<ref>{{cite news |last=Miller|first=Cole |date=5 May 2014 |title=Photos, 911 call released in latest APD shooting |url=http://krqe.com/2014/05/05/photos-911-call-released-in-latest-apd-shooting/ |deadurl= |newspaper= |location= |publisher=KRQE-TV|archiveurl= |archivedate= |accessdate= }}</ref> In response to the shooting, several dozen noisy protesters descended on Albuquerque city council chambers two days later, demanding the arrest of chief Gordon Eden and forcing the premature adjournment of the council meeting. <ref>{{cite news |last=Jennings |first=Trip |date=5 May 2014 |title=New Mexico: New Protests Against Albuquerque Police |url=http://www.nytimes.com/2014/05/06/us/new-mexico-new-protests-against-albuquerque-police.html |deadurl= |newspaper= |location= |publisher=New York Times|archiveurl= |archivedate= |accessdate= }}</ref> |
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===James Boyd shooting=== |
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{{Tone|section|date=April 2014}} |
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On the evening of Sunday, March 16, 2014, Albuquerque police responded to a report of a mentally handicapped man, James Boyd, camping in the foothills outside of Albuquerque, New Mexico. Boyd was a homeless person.<ref>http://www.washingtonpost.com/news/post-nation/wp/2014/03/31/what-is-going-on-in-albuquerque-your-guide-to-the-police-shooting-protest/</ref><ref>http://america.aljazeera.com/articles/2014/3/25/fatal-shooting-ofhomelessmanpromptsoutrageatalbuquerquepolice.html</ref> After hours of standoff, Boyd gathers belongings and surrenders to officers. Officers then launched a flash bang grenade, and ordered Boyd to get on the ground. Boyd appears to pull out a knife, makes a threatening motion towards and officer, and turns to run, at which point two officers (Keith Sandy and Dominique Perez) opened fire with a rifle, shooting Boyd in the back.<ref>{{cite news | url=http://www.abqjournal.com/372844/news/video-camper-turning-away.html | title = March 21, 2014 | author = Dan McKay | date = March 22, 2014 | accessdate = March 31, 2014}}</ref><ref>{{cite news | url=http://www.koat.com/news/background-released-on-officers-involved-in-foothills-shooting/25139646 | title = Background released on officers involved in foothills shooting | author = Doug Fernandez | date = Mar 24, 2014 | accessdate = March 31, 2014}}</ref><ref>{{ cite news | url = http://www.nydailynews.com/news/crime/video-cops-gun-homeless-man-illegal-camping-article-1.1731764| title = Cops gun down homeless man for illegally camping in shocking helmet-cam footage | author = Lee Moran | accessdate= March 31, 2014 | date = March 24, 2014}}</ref> After Boyd falls to the ground, officers continue to shout orders at Boyd, release the [[police dog]] onto him, and shoot him repeatedly with bean bag rounds. They then approach Boyd and handcuff him while he lies in a pool of blood. The shooting was captured via a helmet-mounted camera by the policemen at scene and released to the public. The shooting is still being investigated, however the department maintains that the shooting was justified.<ref name=boyd_huffington>{{cite news | url = http://www.huffingtonpost.com/2014/03/24/james-boyd-killed-by-cops_n_5021117.html | title = Police Shoot Homeless Man During Camping Arrest | author = Sebastian Murdock | publisher = Huffington Post | date = March 24, 2014 | accessdate = March 31, 2014}}</ref> |
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One of the officers responsible for the shooting, Keith Sandy, faced criminal charges in 2007 for receiving payments from a private security contractor while working for the State Police. As a result, then-Deputy Chief Mike Castro that as a result, he would not be badged or allowed to carry a gun.<ref>{{cite news | url=http://krqe.com/2014/03/19/cop-involved-in-sunday-shooting-had-rocky-past-performance/ | title = Cop involved in Sunday shooting had rocky past, performance at APD | author = Jeff Proctor and Katie Kim | publisher = krqe.com |date = March 25, 2014 | accessdate = March 31, 2014}}</ref><ref>{{cite news | url=http://www.koat.com/news/background-released-on-officers-involved-in-foothills-shooting/25139646 | title = Background released on officers involved in foothills shooting | publisher = KAOT 7 ABC| author = Doug Fernandez | date = Mar 24, 2014 | accessdate = March 31, 2014}}</ref> |
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A peaceful protest was held on March 25, 2014 in response to the shooting of James Boyd and the pattern of seemingly unending violent behavior exhibited by the Albuquerque police department. Roughly 600 people participated in the march down Central Avenue and Third Street to APD headquarters. A few police officers were present ensuring the protest remained peaceful.<ref>{{cite news | url=http://www.abqjournal.com/374350/news/hundreds-protest-shooting.html | title = Hundreds protest police shooting of homeless man | author = Nicole Perez | publisher = Albuquerque Journal | date = March 26, 2014 | accessdate = March 31, 2014}}</ref> |
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===Alfred Redwine shooting=== |
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Only hours after the peaceful protest on March 25, 2014, Albuquerque police officers shot and killed Alfred Redwine. APD was called to the scene after Redwine allegedly pointed a gun at two girls. Redwine exited the apartment complex with an object held to his head, possibly a cell phone or a firearm.<ref name="bigstory.ap.org">http://bigstory.ap.org/article/albuquerque-police-gun-down-man-shootout</ref> It is unclear if the first shot fired was by Redwine or an APD officer, however, APD claims Redwine fired, at which point they returned fire. APD claims that a revolver was found at the scene.<ref>{{cite news | url= http://www.abqjournal.com/374422/abqnewsseeker/apd-chief-suspect-in-hospital-after-officers-fire-at-him-2.html | publisher = Albuquerque Journal | title = APD offers details on latest officer-involved shooting | author = Patrick Lohmann | date = March 27, 2014 | accessdate = March 31, 2014}}</ref><ref>{{cite news | url= http://abcnews.go.com/US/wireStory/albuquerque-police-gun-man-shootout-23068494 | publisher = ABC News | title = Albuquerque Police Under New Shooting Scrutiny | author = Russel Contreras | date = March 26, 2014 | accessdate = March 31, 2014}}</ref> |
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===March 30, 2014 protest=== |
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In the wake of the Redwine shooting, a second peaceful protest was organized to again demonstrate the unjust shootings by APD officers. Additionally, a video released (reportedly by the International hacking group "Anonymous") called for all Anonymous members to aim "[[Denial-of-service attack|their canons]]" at the Albuquerque Police Department's website. It also advocated for Albuquerque citizens to rise up and protest at APD headquarters on March 30, 2014.<ref>{{cite news | url = http://www.koat.com/news/group-threatens-cyber-attack-against-albuquerque-apd/25189934 | title = Group threatens cyber attack against Albuquerque, APD | author = Angela Brauer | date = March 31, 2014 | accessdate = March 31, 2014 | publisher = KOAT 7 News}}</ref> |
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Hundreds of demonstrators took to the streets of Albuquerque, marching past police officers in [[Riot control|riot gear]] to protest the spate of police-involved shootings. The Albuquerque Police Department reported their website had been down throughout the day due to a denial-of-service attack.<ref>{{cite news|title=Albuquerque police under cyberattack|url=http://www.politico.com/story/2014/03/albuquerque-police-under-cyberattack-105184.html?|newspaper=Politico|date=2014-03-30 | accessdate = 2014-03-30}}</ref><ref>{{cite news|title=Anonymous takes on Albuquerque police|url=http://www.usatoday.com/story/news/nation/2014/03/30/albuquerque-police-protests/7094819/|newspaper=USA Today|date=2014-03-30}}</ref> Mayor [[Richard J. Berry|Richard Berry]] reported that the peaceful protest had turned to mayhem, responding to the arrest of an unknown number of citizens.<ref>{{cite web | url=http://www.latimes.com/nation/nationnow/la-na-nn-albuquerque-police-protest-20140331,0,7771238.story#axzz2xZVaZK3r | title = What's behind Albuquerque police shooting protest and cyber attack? | author = Michael Muskal | date = March 31, 2014 | accessdate = March 31, 2014}}</ref> |
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=== Fatal shootings since 2010 === |
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#1/9/10: Officer Andrew Cooke shoots Aaron Renfro. |
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#1/13/10: Detective Brett Lampiris-Tremba shoots Kenneth Ellis III. |
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#3/29/10: Officer Kevin Sanchez shoots Mickey Owings. |
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#6/10/10: Officers Anthony Brown, Eric Sedler shoot Chris Hinz. |
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#6/14/10: Officer Aaron Zwicky shoots Julian Calbert. |
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#7/27/10: Officer Jeremy Hollier shoots Len Fuentes. |
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#8/17/10: Officer Josh Brown shoots Enrique Carrasco. |
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#10/19/10: Officers Drew Bader, Ramon Ornelas shoot Daniel Gonzales. |
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#10/31/10: Officer David Sprague shoots Alexei Sinkevitch. |
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#2/9/11: Detective Byron “Trey” Economidy shoots Jacob Mitschelen. |
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#4/12/11: Officer Christopher J. Brown shoots Christopher Torres. |
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#5/10/11: Officer Sean Wallace shoots Alan Gomez. |
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#6/4/11: Officer Matthew Oates shoots Raymond Garcia. |
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#8/30/11: Officer Jim Perdue shoots Michael Marquez. |
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#1/4/12: Officer Mario Perez shoots Mark Macoldowna. |
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#3/19/12: Officer Martin Smith shoots Daniel Tillison. |
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#3/21/12: Officer Russ Carter shoots Gary Atencio. |
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#3/5/13: Officers Perdue, Sedler and Aragon shoot Parrish Dennison. |
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#3/19/13: APD shot at Kendall Carroll, but he was killed by State Police. |
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#7/5/13: Officers Jeff Bludworth and Katherine Wright shoot Vincent Wood. |
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#10/26/13: Officer Luke McPeek and others shoot Christopher Chase. |
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#12/8/13: Officer Hector Marquez shoots Andy Snider. |
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#3/16/14: Detective Keith Sandy and Officer Dominique Perez shoot and kill James Boyd. |
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#3/25/14: Officer fatally shoots Alfred Redwine<ref group=note>As of March 31st, 2014 the Albuquerque Police have not released the name of the Officer involved. APD Chief Gorden Eden did state "one officer fired at least one shot" and that he expected to release that officers name.</ref><ref name="abqjournal.com">http://www.abqjournal.com/374422/abqnewsseeker/apd-chief-suspect-in-hospital-after-officers-fire-at-him-2.html</ref><ref name="abqjournal.com"/><ref name="APD Under Fire">{{cite news|title=APD Under Fire|url=http://www.abqjournal.com/apd-under-fire|newspaper=Albuquerque Journal}}</ref> |
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=== Non-fatal shootings since 2010 === |
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#1/29/10: Officer Sean Wallace shoots Wayne Cordova. |
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#3/4/10: Officer Roger Legendre shoots at Jose Castillo. |
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#4/14/10: Officer Zach Stephenson shoots Benjamin Marquez. |
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#9/14/10: Officer Leah Kelly shoots Chandler Barr. |
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#11/11/10: Officer Brian Pitzer shoots Russell Tenorio. |
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#6/26/11: Officer Damian Lujan shoots Orlando Paisano. |
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#4/19/12: Officer Mike Hill shoots Dennis Aragon. |
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#6/20/12: Officer Drew Bader shoots at Santiago Chavez. |
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#8/6/12: Sgt. Jason Peck shoots Dominick Solis-Mora. |
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#10/28/13: Officer Brian Pitzer shoots Joaquin Ortega. |
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#11/15/13: Officer Peter Romero shoots Robert Garcia, Sr. |
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#12/1/13: Officers Luke McPeek, David Munoz and Jim Edison shoot Shane Sherrill. |
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#1/9/14: Detective Russell Carter shoots at Jeremy Robertson’s tires<ref name="APD Under Fire"/> |
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=== Wrongful death suits === |
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{{When|date=April 2014}}After firing three shots, one of which subdued 19-year-old Andrew Lopez, Officer Justin Montgomery fired another shot, this one fatal, while Lopez was lying on his back, unarmed. The wrongful death suit in this case of the 2009 shooting lead to an award of $4.25 million to Lopez's family. State District Judge Theresa Baca wrote in this case that Officer Montgomery's use of force was “excessive and unreasonable”, finding throughout the case that witness for the Albuquerque Police Department were “unreasonable” and “not credible”.<ref>{{cite news | url=http://www.abqjournal.com/35111/news/apd-deadly-force-under-fire.html | title = APD Deadly Force Under Fire | author = Jeff Proctor | date = June 10, 2011 | publisher = Albuquerque Journal}}</ref> |
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The City of Albuquerque agreed to pay $950,000.00, settling the wrongful death case brought by the family of Rodrick Jones.{{When|date=April 2014}} Jones, who at the time of his death was employed as a security guard at Kirtland Air Force base and was himself a retired U.S. Air Force officer, was unarmed when Officer Brandon Carr fatally shot him in the back. Officer Carr believed Jones was burglarizing his own residence.<ref>{{ cite news | url = http://www.abqjournal.com/39402/news/city-to-pay-family-950000-in-officer-involved-shooting.html | title = City To Pay Family $950,000 In Officer-Involved Shooting | author = Jeff Proctor | date = June 28, 2011 |publisher = Albuquerque Journal}}</ref> |
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Kenneth Ellis III was shot by Detective Brett Lampiris-Tremba while Ellis was holding a gun to his own head in front of a 7-11 convenience store. {{When|date=April 2014}} The daytime shooting resulted in a $10.3 million award from the wrongful death suit brought by Ellis' family. Prior to the jury trial State District Judge Shannon Bacon ruled "an officer making objectively reasonable decisions wouldn’t have shot Ellis — that as a matter of law, Lampiris-Tremba had used excessive force." The city filed an appeal and agreed to pay $7.95 million to Ellis' family<ref>{{cite news|title=1/13/10:DETECTIVE BRETT LAMPIRIS-TREMBA SHOOTS AND KILLS KENNETH ELLIS III|url=http://www.abqjournal.com/apd-under-fire-incident-summaries#Mitschelen|newspaper=Albuquerque Journal}}</ref><ref>{{cite news|title=Jury: City to pay millions in Ellis' shooting death|url=http://www.koat.com/news/new-mexico/albuquerque/Jury-City-to-pay-millions-in-Ellis-shooting-death/19337816|newspaper=KOATV|date=<!-- 3:17 PM MDT --> Mar 16, 2013}}</ref> |
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Detective Byron Economidy, who was the first officer on the scene that lead to Ellis' death, later shot 29-year-old Jacob Mitschelen in the back and the buttocks as Mitschelen fled from police.{{When|date=April 2014}} The City of Albuquerque later paid $300,000.00 to Mitschelen's family settling a federal civil rights and wrongful death lawsuit.<ref>{{cite news | url = http://www.abqjournal.com/336238/news/apd-settles-for-300000.html | title = APD settles for $300,000 in fatal shooting | author = Dan McKay and Nicole Perez | date = January 14, 2014|publisher = Albuquerque Journal}}</ref> |
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Detective Christopher J. Brown shot and killed 27-year-old Christopher Torres in the back three times, at close range. {{When|date=April 2014}} Toress' death lead to a wrongful death suit. The trial, being adjudicated by Judge Shannon Bacon began March 10, 2014 and is on-going.<ref>{{cite news | url = http://www.abqjournal.com/365697/news/civil-trial-in-apd-shooting-begins.html | title = Civil trial in APD shooting starts today | author = Scott Sandlin | date = March 10, 2014 |publisher = Albuquerque Journal}}</ref><ref>{{cite news| url = http://www.abqjournal.com/apd-under-fire-incident-summaries#Mitschelen | title = Detective Byron "Trey" Economidy shoots and kills Jacob Mitschelen|publisher = Albuquerque Journal}}</ref> |
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The City of Albuquerque agreed to pay $900,000.00 settling the wrongful death suit brought by the family of 22-year-old Alan Gomez. Mr Gomez, unarmed except for a plastic spoon, was fatally shot by Officer Sean Wallace.{{When|date=April 2014}} <ref>{{cite news | url = http://www.abqjournal.com/320180/news/shooting-costs-city-900k.html | title = 2011 APD shooting costs city $900,000 | author = Dan McKay | publisher = Albuquerque Journal | date = December 14, 2013}}</ref> Officer Wallace has shot two unarmed men while on-duty with the Albuquerque Police Department. He shot another unarmed man while on-duty as a New Mexico State Police Officer.<ref>{{cite news | url = http://www.abqjournal.com/76766/news/lawsuit-targets-apd-hiring.html | author = Jeff Proctor | date = December 23, 2011 | title = Lawsuit Targets APD Hiring}}</ref> |
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=== Use of force filings === |
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Standard Operating Procedure Mandate forms filed when an incident of [[use of force]] occurs within a calendar year:<ref>{{cite web|url=http://www.cabq.gov/police/documents/IA-Complaints-December2013.pdf|publisher=Albuquerque Police Department}}</ref> |
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{| class="wikitable" |
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|- |
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! Calendar Year !! Total Filings |
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|- |
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| 2010 || 590 |
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|- |
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| 2011|| 476 |
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|- |
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| 2012 || 478 |
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|- |
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| 2013 || 319 |
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|} |
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=== Other notable use of force incidents === |
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Of 24 police shootings since 2010, one involved the death of a 22-year-old man holding a plastic spoon while walking away from an officer.<ref>{{cite web|last=The Associated Press|title=APD officer cleared in 'spoon' shooting|url=http://www.kob.com/article/stories/s3049467.shtml|publisher=KOBtv|accessdate=05/29/2013 2:33 PM}}</ref> Another citizen, who was unarmed, but alive after the receiving his first APD bullet was finished off by another officer.<ref>{{cite web|last=DONAGHUE|first=ERIN|title=Albuquerque PD under fire for deadly police shootings|url=http://www.cbsnews.com/news/albuquerque-pd-under-fire-for-deadly-police-shootings/|publisher=CBS News}}</ref> |
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On February 13, 2011, two Albuquerque police officers, John Doyle and Robert Woolever, tackled an unarmed man, struck him with a baton and kicked him in the head and body over a dozen times.<ref>{{cite news|last=Proctor|first=Jeff|title=Police Officers in Beating Video Fired|url=http://www.abqjournal.com/69977/news/police-officers-in-beating-video-fired.html|newspaper=Albuquerque Journal}}</ref> |
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==See also== |
==See also== |
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{{Portal|Law enforcement/Law enforcement topics}} |
{{Portal|Law enforcement/Law enforcement topics}} |
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* [[List of law enforcement agencies in New Mexico]] |
* [[List of law enforcement agencies in New Mexico]] |
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* [[James Boyd shooting]] |
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*[https://www.youtube.com/watch?v=bSrA83BevWo March 26, 2014 shooting of a man, Alfred Redwine, with a cell phone talking to his sister and surrendering. Now deceased.]<ref name="bigstory.ap.org"/> |
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* [[Alfred Redwine shooting]] |
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==Notes== |
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{{reflist|group=note}}<ref name="abqjournal.com"/> |
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==References== |
==References== |
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==External links== |
==External links== |
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* [http://www.cabq.gov/police/ Albuquerque Police Department Website] |
* [http://www.cabq.gov/police/ Albuquerque Police Department Website] |
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* [https://www.youtube.com/watch?v=CZWMTfHUibc Video] |
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[[Category:Government of Albuquerque, New Mexico|Police Department]] |
[[Category:Government of Albuquerque, New Mexico|Police Department]] |
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Revision as of 17:31, 7 May 2014
| Albuquerque Police Department | |
|---|---|
| Abbreviation | APD |
| Motto | "In step with our community" |
| Agency overview | |
| Legal personality | Governmental: Government agency |
| Jurisdictional structure | |
| Operations jurisdiction | Albuquerque, New Mexico, United States |
| Size | 181.3 sq mi (469.5 km2) |
| Population | 555,417 (metro total: 902,797) (as of 2012)[1] |
| Legal jurisdiction | As per operations jurisdiction |
| General nature | |
| Operational structure | |
| Headquarters | Albuquerque, New Mexico |
| Agency executive |
|
| Bureaus | 3
|
| Facilities | |
| Area Commands | 6
|
| Helicopters | 1 - Air 1 Eurocopter EC120 |
| Plane / Fixed Wings | 1 - Air 5 (Cessna 182) |
| Website | |
| APD Website | |
The Albuquerque Police Department is the largest municipal police department in New Mexico, it is located in Bernalillo County. They have jurisdiction within the city limits, with anything outside of the city limits being considered the unincorporated area of Bernalillo County and governed by the Bernalillo County Sheriff's Department. In September 2008 the US Department of Justice Bureau of Statistics recorded the Albuquerque Police Department as being the 49th largest police department in the United States.[3]
Rank structure
| Title | Insignia |
|---|---|
| Chief of Police |  |
| Deputy Chief |  |
| Commander |  |
| Lieutenant |  |
| Sergeant |  |
| Police Officer |
1973 Discrimination suit
In 1973, the Chicano Police Officer's Association of Albuquerque and twelve Albuquerque police officers sued the city in federal court, alleging that Hispanic-surnamed citizens were discriminated against in the hiring and promotion of police officers.[4] The lawsuit survived adverse testimony[5] and several motions to dismiss[6] and even went up to the Supreme Court of the United States[7] before being scheduled for trial in 1978.[8]
On May 15, 1978, the parties agreed to a stipulated judgment which required the city to pay $8,000 to Beserra and $8,000 to the Chicano Police Officer's Association and to meet an affirmative action goal of 34% Hispanic-surnamed individuals in the police department by July 1, 1981 and also to complete an affirmative action internal audit of the police department to verifiably validate the testing procedures for promotion. The department will also assign a Chicano police officer to the police academy; and expand department language and cultural awareness training.[8] After the settlement was approved, the lawyers for the Chicano Police Officer's Association asked for additional money from the city for attorney’s fees, and over the dissent of Chief Judge Seth, the U.S. Tenth Circuit Court ordered them to be paid.[8] Despite the settlement, complaints continued[9] even into the 1990s.[10] However, the 34% target had been exceeded by 1993 with a 39.4% Hispanic-surnamed force.[10]
2010-2014 Controversies
Albuquerque police became the subject of an extended period of public controversy beginning in 2010 following revelations of financial impropriety in the police officers union, and high cash settlements the city had been forced to pay people who had sued the department for various reasons. In addition, media reported that the department has one of the highest rates of shootings in the United States, while the police union had been routinely awarding cash payments to officers involved in shootings to help them recover emotionally from the event.[11][12][13]
In November 2012, a survey of Albuquerque police officers found that all but three of the 456 departmental personnel who responded to the questionnaire characterized departmental morale as "low," with 18-percent saying the U.S. Department of Justice should be called on to initiate an inquiry into the department. [14] The same month, the United States Department of Justice launched a civil investigation of the Albuquerque Police Department.[15][16] According to that investigation, the APD engaged "in a pattern or practice of violating residents' Fourth Amendment rights" and of using deadly force "in an unconstitutional manner" and called for an extensive series of reforms.[17] While some in the New Mexico legislature called the report an indicator that change in the department was needed, state senator Lisa Torraco said local prosecutors should also be held accountable for failing to provide proper oversight of the department, explaining her view that district attorney Kari Brandenburg was "the root of the problem."[18]
Prior to the report's release, a survey by Albuquerque's KOAT-TV found that 42-percent of the city's residents trusted police, 22-percent distrusted police, and the remainder "fell somewhere in the middle." City council member Rey Garduno characterized the results of the survey as "not good" for the police department, while mayor Richard J. Berry said he continued to "stand behind" the police department. [19]
In February 2014, Gorden Eden was selected to replace chief Ray Schultz who had stepped down due to ongoing controversy.[20][21] The following month, several hundred Albuquerque residents protested against police in a tumultuous demonstration that ended with the deployment of tear gas and scattered clashes between police and protesters. Mayor Richard Berry said the protest had been sidelined by a smaller group within the larger demonstration that was determined to create havoc.[22][23]
On May 3 of the same year, police shot and killed Armand Martin. The shooting came following a six-hour standoff between police and Martin, whose wife had called 911 after Martin had allegedly stated his intent to kill his children. According to police, officers opened fire after Martin exited his home shooting wildly at nearby houses with two handguns.[24] In response to the shooting, several dozen noisy protesters descended on Albuquerque city council chambers two days later, demanding the arrest of chief Gordon Eden and forcing the premature adjournment of the council meeting. [25]
See also
References
- ^ "Metropolitan and Micropolitan Statistical Areas". Retrieved May 23, 2013.
{{cite news}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ "Executive Staff". The City of Albuquerque. 2014-03-31. Retrieved 2014-03-31.
- ^ U.S. Department of Justice. "Census of State and Local Law Enforcement Agencies, 2008" (PDF). Retrieved 2014-03-31.
- ^ Cohea, Carol (21 July 1973) "Chicano Police File Suit" The Albuquerque Journal page 1, column 4
- ^ Cohea, Carol (1 December 1973) "Defense Consultant Denies Tests Unfair to Chicano Police Group" The Albuquerque Journal page 5, column 1
- ^ Staff (21 November 1975) "New Trial Ordered" The Albuquerque Journal page 4, column 4
- ^ Stover v. Chicano Police Officers Ass'n, 426 U.S. 944 (1976)
- ^ a b c For case history see: Chicano Police Officer's Association v. Beserra, 624 F.2d 127 (1980 Tenth Circuit, opinion by Judge Logan)
- ^ Staff (9 September 1979) "Chcanos Allege Bias" The New Mexican page 15, column 3
- ^ a b Associated Press (13 April 1993) "Group challenges hiring practices of Albuquerque Police Department" The New Mexican page 8, column 1
- ^ Michael Haederle (14 April 2012). "In Albuquerque, an uproar over shootings by police". LA Times. Retrieved 31 March 2014.
- ^ Jeri Clausing (2012-03-23). "Albuquerque Police Were Paid 'Bounty' For Shootings Claims Victim's Father Mike Gomez". Retrieved 2014-03-31.
- ^ Manny Fernandez and Dan Frosch (March 24, 2012). "Payments to Albuquerque Officers Are Called a 'Bounty System'". Retrieved March 31, 2014.
- ^ Proctor, Jeff (14 November 2012). "Survey: APD Officers Say Morale Low". Albuquerque Journal.
- ^ Office of Public Affairs (2012-11-27). "Justice Department Launches Investigation of the Albuquerque, N.M., Police Department's Use of Force". The United States Department of Justice. Retrieved 2014-03-31.
- ^ Dan Frosch (November 27, 2012). "Justice Dept. to Investigate the Police in Albuquerque". Retrieved March 31, 2014.
- ^ Santos, Fernanda (10 April 2014). "Excessive Force Common for Albuquerque Police, Justice Dept. Finds". The New York Times.
- ^ Gerew, Gary (11 April 2014). "City urged to quickly reform police department". Albuquerque Business Journal.
- ^ "Survey: 42 percent of residents trust police". KOA-TV. 10 April 2014.
- ^ http://www.nytimes.com/2014/02/15/us/new-mexico-police-chief-chosen-for-embattled-albuquerque-force.html
- ^ http://www.abqjournal.com/352961/news/3-left-in-running-for-chief-of-apd.html
- ^ Nottingham, Shawn (1 April 2014). "In Albuquerque, protesters clash with police". CNN.
{{cite news}}: Cite has empty unknown parameter:|deadurl=(help) - ^ Hughes, Trevor (31 March 2014). "Albuquerque police face hundreds of protesters". USA Today.
{{cite news}}: Cite has empty unknown parameter:|deadurl=(help) - ^ Miller, Cole (5 May 2014). "Photos, 911 call released in latest APD shooting". KRQE-TV.
{{cite news}}: Cite has empty unknown parameter:|deadurl=(help) - ^ Jennings, Trip (5 May 2014). "New Mexico: New Protests Against Albuquerque Police". New York Times.
{{cite news}}: Cite has empty unknown parameter:|deadurl=(help)