Saturday morning the Albuquerque Journal ran a story - undoubtedly on behalf of The 5th Floor - that attempted to defend the misguided new policy.
Police Chief Ray Schultz gave two reasons for the new policy:
• Cutting the $1.2 million the department spends annually on officer overtime at Metro Court, most of which comes from DWI cases.
• And reducing the number of DWI cases dismissed in Metro Court because an officer doesn't show up.
"We are tracking overtime very closely as we try to manage our way through this budget crisis," city Chief Public Safety Officer Darren White said. "We just have less money now. It has become clear that there were some folks who had an incredible amount of overtime for DWI."If we didn't know better, we'd believe that the city's new public safety director was putting a price tag on public safety. More disturbingly, The 5th Floor seems to be publicly targeting yet another officer in their haste to save a few bucks.
APD Sgt. Paul Heh is one example.
Heh, who is not on the DWI Unit, made $54,709 in overtime in 2009, according to figures provided by APD. Most of that came from DWI cases in which Heh was one of at least two officers.
By using the DWI Unit, he could make multiple stops in one night. He would then get overtime for appearing in court for each of those stops.
Heh could not be reached for commentNote that last bit "Heh could not be reached for comment." Our Eyes tell us that even had he been reached, new APD policy forbids him from speaking to the media without receiving permission from his chain of command.
[Sidebar]
APD's brass has a history of targeting officers for retribution. Saturday's Journal article looks disturbingly familiar. Back in November, Chief Ray Schultz was found guilty of targeting former Officer Sam Costales. The verdict cost the City of Albuquerque almost $1 MILLION. Also named in the suit was Sheriff Darren White. The Sheriff's involvement was ended through an undisclosed settlement.
One would think that these guys would have learned by now. Or perhaps they're just trying to make more than a few officers very wealthy.
[End Sidebar]
The 5th Floor would have you believe that Sergeant Heh was somehow gaming the system in order to fill his pockets - at least that's their implication. The truth is far different. Officers like Sergeant Heh spend their nights taking calls for service and yes, stopping vehicles whose drivers appear to be intoxicated. They spend their days in court testifying only to return later that evening for work.
There's little doubt that overtime is a chronic problem when it comes to DWI cases in particular, however The 5th Floor's solution is to reduce overtime caused by arrests by reducing the arrests causing the overtime. So far it seems to be working - of course the price of saved overtime may be someone's life. Besides, our Eyes tell us that the primary reason for seemingly ever increasing APD court overtime is the court itself.
For years now the primary defense strategy for attorneys defending those accused of DWI has been to ask for as many continuances as possible hoping that one or more of the officers involved in the arrest wouldn't or couldn't make the trial. Judges down at Metro Court have gotten into the habit of granting continuance after continuance. Of course, now the defense bar is looking forward to new opportunities.
"For experienced attorneys, we will look upon the policy favorably," said Ousama Rasheed, the association's incoming president [of the New Mexico Criminal Defense Lawyers Association]. "We will be dealing with less-experienced, less-trained officers making less-specialized arguments.
"I would much rather be trying a DWI case involving someone who has been on the streets six months than someone who has been on the DWI Unit 10 years."Public safety is the first and most important function of government. There's no room for politics or petty vendettas. The city budget crisis is real and Mayor Berry is doing a lot of the right things to fill in the huge whole that Marty dug, but we shouldn't sacrifice the safety of the public on the altar of budgetary expedience.
Saturday morning, the Albuquerque Journal aided and abetted The 5th Floor in their attempt to justify an ill advised new policy intended to save a few APD bucks. It's ironic that the target of that same story - Sergeant Paul Heh - received the Hero of New Mexico Award from MADD that very evening for putting in the time both day and night - stopping the drunks whose bad decisions put us all in danger.
49 comments:
What your article didn't state is that Chief Ray Schultz got himself out of the lawsuit (innocent) by agreeing not to appeal the case and pay out Costales. He wormed his way out of the lawsuit and left the city holding the bag. I thought there was a "No settle policy". Oh, I see, it doesn't apply once you lose the case, even though you had a chance of overturning the verdict in appeal. If I'm not mistaken, didn't this Sgt Heh testify at the Costales trial. True to form, Darren and Ray are probably going after him. I hope he sues for retaliation. The one thing I have learned about APD, is that none of the police or the union (with the exception of a few) have the balls to initiate a "NO Confidence" vote. You all talk a lot and that's it.
• And reducing the number of DWI cases dismissed in Metro Court because an officer doesn't show up.
HOW many APD officers have taken a propina not to show? It's well known there are officers on the force working with a certain defense attorney (who in turn is working with certain judges)so DWI drivers can walk. Doesn't sound like Heh is one of them after racking up an overtime bundle. And it sounds like too many judges are gaming the system on behalf of the defense attorneys. I would love to see some numbers on dismissals, granted continuances along with the judges who granted them.
Again, it cost the taxpayer $270 for each DWI offender that Heh get's a conviction on. ($54,000 in over time dived by roughly 200 convictions in 2009) Dah ! Is it worth it? A resounding YES.
So now Darren,in saving $54,000, there will be 200 more drunks on the streets that would other wise be in jail.
I suggest to MR. PUBLIC SAFETY to go out there yourself and get those 200 offenders that won't be locked up. Earn your keep; walk the walk. However at your salary it will now cost the city $750 for each. ($125,000 + perks+$150,000)
I suggest that Mr. Beery save $150,000 and take Darren off the streets and out of this ridiculously overpaid,non-essential position that he holds.
A position that was clearly marked by your campaign promise to be eliminated.
This is such bullshit ! The courts can damn well change the rules. Make just one officer instead of two show for court. It works just fine in other municipalities. This is just a lawyer/ Judge scam
If scumbags are caught in places like Louisiana or Georgia and the officer says he/she was drunk, that's it. They go to a F_ _king farm and pick peas for 90 days.
Unless the outcome is certain nobody is going to call for a vote of no confidence.
And the same is true for all the other unions in the city...talk talk talk and no action. This POS mayor and his POS public safety director and POS chief of police are a sad, sorry, corrupt bunch. Why not do a no-confidence vote? What do we have to lose? What is everyone afraid of? Are you all just going to wait until this union-busting mayor gets rid of each and every benefit we've all worked so hard for? He will send us back into the dark ages where workers, both cop and non-cop will have no benefits, no seniority, no longevity, no raises, no promotions and we will be at the mercy of administrators and department heads who make favorable decisions for workers who kiss their ass & who sleep with them....not on merit or ability!
“America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.” – Abraham Lincoln
The National Highway Traffic Safety Administration (NHTSA) produces the data on alcohol-related traffic fatality statistics based on accident reports listing the presence of alcohol .01+ in the driver, passenger or bystander. Furthermore, they publicly admit that this data is often misrepresented. For example, the wealthy lobbying group MADD had claimed that 14,539 people where killed by drunk drivers in 2003 (this erroneously inflated statistic was the driving factor behind lowering the BAC limit to .08 from the previous national standard of .15), But those same statistics show that less than 13,000 of those accidents involved a driver with a BAC of .01 or more…with the majority of those accidents being the fault of a driver has whose BAC was above .15. So statistically speaking, there is a better chance of being struck by lightning while standing in the rain, than being killed on the road by a drunk driver. Or to put things into a different perspective, sober drivers are to blame in over 71% of fatal traffic accidents… Meanwhile, 1.5 million people had their lives devastated by a DUI arrest in 2003.
There's not way...
Unbelievable! I would like to ask that Journal why they didnt do a story on the Award Sgt. Heh received Sat. night for being a hero. And why did he not do a story on all the money is losing with all the lawsuits they are paying out due to Darren and Ray being A**holes?? Its a bunch of BS. I like how two of the other officers named are on Sgt. Heh's squad...real obvious retaliation. If someone I love gets killed by a drunk driver I will sue the city for this crap and I hope others do too, I know Sgt. Heh will be more than happy to testify. Sgt. Heh I cant wait to see you rain hell on those two idiots. It will be Great!!! Good job Dawne and Richard, you keep doing your job and dont take their BS.
whats so funny was second officer listed, simon drobik. He hasnt booked a drunk in over 10 years! ray and darren need to get back to investigative school!
I know Heh gets a lot of arrests from the time he spends trolling the parking lot at a club/bar called Ghrams Central Station near Montgomery/San Mateo. My eyes tell me he gets paid by the property owner or club owner to troll around there on the weekends. So not only is he making double what the average cop makes from the city, he is also collecting money from a private business owner. MADD might call him a hero and a lot of people might agree, but I call him an opportunist. DWI is big business in this state. He's been a cop for a long time. I wouldn't be surprised if he retires in the next year or two and opens up an ignition interlock shop. I'm not going to knock his hustle, but you all shouldn't be so quick to deify this guy.
As a taxpayer, I'd rather have my taxes go to paying Sgt. Heh overtime than for paying Darren White's over inflated salary....Go Paul!!
How can this city not help the police department in protecting the public. How does the public start a vote of no confindence because that is what is needed. Officers do not want to be targeted for starting this movement, well the public, the taxpayers should start it. We pay taxes to support a police force and protect us and the chief will not let officers do their job. The chief is playing a tug o war with his very own officers. What is going on here.
if barboa drives drunk, will he have to arrest himself?
IS HE 47?????????????????????
anonymous above in reference to paul heh patrolling lots on weekends. First off, yes the businesses pay him, its called chiefs overtime and the city makes money on chiefs overtime. If the one guy he stops doesnt go out and kill someone then im glad hes getting paid. you really need to be educated
DON'T sue the city. Sue Darren and Ray directly, this is outside the scope of their duty when they retaliate!!
Ousama Rasheed said it best... he wants inexperienced officers doing the DWIs so that he can get them off. Our court system is a joke. Defense attornies and their associations are the leading contributors to the campaign funds of judges... can you say CONFLICT OF INTEREST!!!
As for the mayor... like all politicians... he got elected with lies. Paul Heh was his leading supporter and got him the APD vote because he promised us change. Thanks Mayor ... enjoy your one term. APD wants and needs change. Suicides are up among officers. Monica Worley killed herself after her sergeant violated policy and had a sexual relationship with her... most likely on duty. How was the sergeant rewarded... he tested for lieutenant and made the list. The fifth floor was aware of it. And how was her husband treated... the truly innocent one in this... he was treated like crap by this department.
As for Ray--boy... he has said for years he will do whatever he wants and be gone long before the lawsuits are done.
Not only did he have to pay out for Cosales and others, but there are still lawsuits pending because of his arrogance that will cost the city millions.
Hey Darren I worked with you for a time on APD and YOU were a nine to five guy! Lets talk about the law suit you and Ray cost the TAX payers of Alb. I also think Heh testified in one of those suits. Lets get a comment from you two about those payouts! Oh I forgot the news media is not covering those stories! The fifth floor needs to give it a break. Mr. Berry please tell the public how much those two cost the city.....
Darren how much did this last lawsuit cost the taxpayers? I bet it was more than 54,000.00.
Please give us citizens guidance on how to out Ray and Darren and we'll role with it. They are scumbags!
(Again, it cost the taxpayer $270 for each DWI offender that Heh get's a conviction on.) How the heck did you come up with that math just figue around $50.00 a hour of OT you need to figure out Pre Trial 2hrs, Metro Court about 6hours, and MVD about 2 hours. That is 10 hours which comes out to $500.00 per DWI just saying I really don't care if it takes $5000.00 per DWI The money does not compare to the life that is saved!
Who knows if the offender will get convicted and if they do its a plea and its 1st offense the ADA's need to grow a pair and quit dealing with the defence to 1st offense when it should be the 2nd or 3rd. Im sick of it!
I am not going to bother to answer to the Journal story about me on Saturday April 10 2010. I will only say the reporter left a lot out. But in my opinion that is what one does in a HIT JOB. The words of Benjamin Franklin come to mind."ANY FOOL CAN CRITICIZE, CONDEMN AND COMPLAIN--AND MOST FOOLS DO." I thank everyone for the calls of support from my fellow officers and the public. It has been overwhelming. THANK YOU ! I would also like to thank the retired officers that have contacted me with information on a couple of officers that use to work DWI together WOW ! For my part I know I have saved lives. For thoes of you that have asked, yes I have retained an attorney some people never learn. POWER IS ONLY IN THE HANDS OF THE POWERFUL AS LONG AS WE THE PEOPLE ALLOW IT TO REMAIN THERE.
"Anonymous said...
anonymous above in reference to paul heh patrolling lots on weekends. First off, yes the businesses pay him, its called chiefs overtime and the city makes money on chiefs overtime. If the one guy he stops doesnt go out and kill someone then im glad hes getting paid. you really need to be educated
April 12, 2010 4:41:00 PM MDT "
What do I need to be educated on? You basically confirmed everything I said. Does Heh keep drunks off the street by trolling the parking lot at Ghrams Central Station? Yes. Does he make a ton of money doing it? Yes. What is his motivation, the money or public safety? I don't know. I'm sure he'll tell you its public safety. I'm sure a lot of people might think its the money. If I had to guess, I'd say its probably a little of both.
People please!!! You dont hate Chief Shultz, the Director of Public Safety, or Mayor Berry. You hate yourself. If you were to look back on this blog a year ago the same people that post today were posting then. The difference was they were complaining about Mayor Chavez, the city counsel, and Chief Shultz. Please stop compaining and let our elected and appointed officals do thier jobs.
THIS is what The Eye should be about - NOT the "Marita & Sylvia Long Winded Boredom Hour". Thank you!!
Elected officials that are placed in that position to do a job for the public. If there are not doing there job its time to get someone that can. This is bullshit that to save money they started this policy. How many lives have to be ended before a change for good comes around. Give me a break.
"Please stop compaining and let our elected and appointed officals do thier jobs." Gladly, but they aren't......
“IRONY” is complaining about criminal court judges being too lenient but saying nothing when a fellow officer in blue gets off with a slap on the hand. Former officer David Maes was charged with four felonies including 3 counts of criminal sexual penetration and one count of false imprisonment. Also two misdemeanor counts of criminal sexual contact. He pled no contest to two charges including one felony. His sentence: 5 years UNSUPERVISED probation WITH a conditional discharge after three years AND no requirement to register as a sex offender. Thank you Judge Albert S Murdoch for your kindness to our brothers in blue.
Paul Heh for Mayor!!!!!!
Darren's got a new vehicle
(Tahoe)and so does Campbell, Berry and Schultz and DCs.
Why aren't you doing that story EYE, when the city is broke and Berry made such a big deal about taking Marty's hand me down.
That didn't last vey long. Big deal about it in the paper, but now nothing.
C'mon Eye, take these guys on already.
Officers pulling drunks off the streets is a lifesaving process, sometimes for the drunk, sometimes for the innocent victim. When are we going to admit to ourselves that the subject going to court has nothing to do with saving lives (perhaps the recent triple fatality with the installed interlock should be a wake-up call). I am all for enhancing the identifying, arresting and booking of the subject, into a 20 minute process facilitated by "Fed Ex" style efficiency. Anything that happens after the subject is booked is irrelevant; dare I say corrupt.
Officers, you are my heroes, please don't confuse the vital role you play with what happens after the subject is booked. Pull the drunks off the road!!!
APD no longer but still fighting the fight.
I don't understand the complaining about Sgt Heh and others who are out there trying to keep these streets safe. I can see using overtime for DWI's. What about the mandatory overtime in Police Records that has been going on since last August? How much money have those supervisors made in overtime protecting no one? Isn't the City of Albuquerque having a money crisis?
Um, Ray was a crappy chief when people complained under Marty. He's a crappy chief now. I have yet to see him perform well in his job, so I say people have a right to keep complaining!
I can't think of a single cop who isn't disgusted with the sentencing of Maes....
ZZZZZZZZZZZZZZzzzzzzzzzzz......
EYE; got anything new?
'Cmon, we're dying here.
Darren says he knows who the Eye is.
Anybody know who he's talking about?
Paul Heh is going to sue and some will have once again lost another civil rights violation case for the city. Don't worry everyone, with these guys running things nobody will get a raise ever. The city's broke and these guys are excercising their little hard ons on those who don't lick their boots.
Come out of the fog Berry, your appointees are bankrupting the city.
Ray & Darren are running the city. Campbell THINKS he does. They're laughing about the fact that back in the day, they knew that they would be in the positions they are; they just needed the right pigeon to get elected and pull the wool over his eyes. At least Marty was in charge and everyone knew it.
Nobody's gonna do anything. There will be no change, just more of the same. You all talk a good talk, but when it comes right down to it, none of you have the balls to stand up and do anything constructive to solve these problems and get your leadership to take notice. Nope, you'll just continue to go out, do your jobs, get home, get pissed off, post comments here, and then wake up tomorrow and do the same thing. "Vote of no confidence" blah blah blah. "Someone should do something" blah blah blah. "How many people have to die" blah blah blah. Y'all just go on to your next union meeting and sit there quietly with your hands folded nicely in your laps, like the little sheep you are. Pussies.
Cops want no cuts, cops want their raise, cops want this and that. well stand up . Do a Tea party at your next Union meeting.
Commenter above makes good point
Ok we need some fresh meat EYE.
Irony is two weeks old now.
Post the stuff you have on Darren & Ray.
No guts no glory
Why don't you take on Mayor Berry, Eye? He turned out to be a union busting hater paying God knows how much to his union-busting friends to take us back into the dark ages of employee rights. Yet he still employs double-dippers and he has created high paying positons. He is trying to balance the budget on the backs of city worker peons, yet he won't take on Ed Adams, he won't get rid of double dippers and he and his posse drive brand new vehicles, no hand-me-downs for him! He lets Darren White and Dave Campbell run the city for God's sake! It's like OZ over at city hall-there's someone behind the curtin pushing all the buttons and controls, but it's NOT Mayor Berry.
arrest barboa, he's a drunk driver and he lets his pals leave the bar drunk and drive.
you suck and thanks for all the hell.
Crime is down looks like the new staff is cleaning up the streets.
Meet the new staff, same as the old staff.
clean up and drink up
-chpt one, vrs one, book of barboa
Hi, I am Officer Burge and I like to lie and destroy evidence... Thanks.
If the eye wants a good story, look into all the overtime Police Records has been using. Mandatory overtime since August, 2009?? Though we were having a budget crisis? How much overtime has been paid to these supervisors?
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