Sue APD and Meet Santa Schultz

The Tera Chavez’ family sued APD for the wrongful death of Tera Chavez. The family will now be receiving a settlement against APD for $230,000.00. Tera Chavez’s husband, Levi Chavez, who is an APD officer, was a person of interest in her death. His police issued gun was found right next to Tera Chavez's body. Levi Chavez also changed his estranged wives’ life insurance policy just 17 days prior to her death to include suicide. The family claimed that other APD Officers went into the home in Los Lunas, New Mexico, and destroyed crucial evidence. APD did not have and does not have authority or jurisdiction in Los Lunas. This case is only one of a string of recent costly blunders.

Not too long ago, the City, APD and Chief Schultz were sued by Sam Costales. In his suit, Costales claimed that Schultz and the department created an atmosphere where Costales feared for his life and was forced to leave APD. The case originated with Costales testifying in a trial where the Bernalillo County Sheriff’s Office and one of the local race car families, the Unser. Then Sheriff Darren White complained to Chief Schultz. From there it appears that Schultz went after Costales.

The Federal suit resulted in a jury trial. In the end, the jury awarded Costales $662,000.00 plus an additional $200,000.00 in attorney’s fees. The jury also found that Chief Ray Schultz personally violated Mr. Costales’ civil rights along with the Albuquerque Police Department. The jury also found that Schultz’s actions were retaliatory. It appears that the “Blue Vail of Silence” did not work too well for Schultz or at least the jury did not think so.

The lawsuit also named then Sheriff Darren White and a former APOA union official, James Badway, in the case. The claims against White and Badway had been already been settled.

That brings the cost to the City on these two cases to a whopping, $1,000,092.00. These are just highly publicized cases, what about all the cases that we do not hear about? And the Berry Administration is complaining about budgetary issues? Really? Ever wonder why?

The City claims now they can move forward with an Internal Affairs investigation on Levi Chavez. What about an Internal Affairs investigation on Schultz and White? All the work has already been done by the courts. What do you think Mayor Berry?

Whose fault is it that APD keeps paying out big and keeps becoming involved in these types of liabilities? Chief Public Safety Officer Darren White who complained to Schultz about Costales for testifying in the Unser case that involved the Bernalillo County Sheriff’s Department? How about Schultz for retaliating against Costales after receiving the complaint from then Sheriff White?

This story is not intended to hurt or discredit the families involved in the two cases that have been mentioned. Both families deserve respect and dignity.

Mayor Berry, did you really check out White and/or Schultz before you decided to make them part of your Administration? Mayor Berry, when you were sworn in as Mayor; did you repeat these words, “I swear to uphold the Constitution of the United States of America.”

Mayor Berry??

That’s what we thought…

Chief Schultz Thinks Seriously, Maybe he Shouldn’t…

In today’s Albuquerque Journal, Chief Ray Schultz publicly took a female’s dignity. A female employee tested positive for alcohol during a random drug test when she arrived for duty last month. According to the article, on Feb. 15, Schultz said, this female officer resigned under “threat of termination.” There seems to be several possible problems associated with this scenario.

Here are a few questions to ask;

Is this case still considered a personnel matter?

Is the Chief supposed to be publicly speak about personnel matters?

The Journal could be considered a “social media,” is this a violation of Chief Schultz’ most recent policy?

Does this employee have a lawsuit for wrongful termination now that Schultz publicly stated that she resigned under duress of termination?

Now that this former female employee has been publicly humiliated, does she have legal recourse?

What gives Chief Schultz the right to ruin this female’s chances of getting another job?

According to Schultz, “we pushed it very quickly through the administrative process.” Is this done for all employees or just for this female employee?

Sidebar

This information was brought to the Eye's attention and clearly needs to be added. Did Chief Schultz violate HIPAA? (HIPAA is an acronym for The Health Insurance Portability and Accountability Act. It was first enforced in 1996. This act was created to provide protection for personal health information.)

Source: http://www.guidetohealthcareschools.com/library/hipaa-law#ixzz1F8fjJFIQ

End Sidebar (Added 2/26/2011 @11:41 PM)

This case appears unfortunate to all concerned. APD prides itself in having a 13-step process to weed out undesirable employees. What happened that this employee was able to get through the process? As you noticed in this story we did not mention this female’s name. It would be hypocritical to point out what Chief Schultz has done and then do the same. Does this smells like another Sam Costales case coming down the road? The Journal article is shameful at a minimum and this female deserves dignity. Every single human being deserves dignity.

The Eye is sure Chief Schultz received permission from the City Attorney, CPSO White and Mayor Berry to disclose this information, right?

Mayor Berry is this true? Did you give Chief Schultz your permission to run with this story on this female officer? Mayor Berry, you knew Schultz was baggage left behind from Marty. It was your decision to keep him, right?

Mayor Berry???



That's What we thought...And the public is thinking the same thing.





Source:
http://www.abqjournal.com/news/metro/252343376196newsmetro02-25-11.htm
Subscribe Now Albuquerque Journal

Was Darren White linked to Felony Cover Up?

One of our Eyes sent us this information. According to the information posted, Prom King Darren I was a bad boy!

The two stories centered on the use of NCIC (National Crime Information Computer ‘data base’). It is alleged that White allowed “APS senior administrators play with it in their effort to harass and intimidate whistle blowers and do background checks on their girlfriends.” One article claims, “The Attorney General's Office found that Darren White, personally, had broken the law, the NMIPRA, in his effort to suppress the truth.”

Then Sheriff, Darren White, supervised the NCIC data base, which is governed by the FBI (Federal Bureau of Investigations). This supervision is huge and a responsibility that should never be taken lightly. According to the information in the two stories, White did not do his job supervising and protecting this law enforcement data base.

One story claims, “The local District Attorney, Kari Brandenburg has been charged with determining whether or not the evidence supports the filing of criminal charges.”

The Eye does not know if all this is true but this is public information. What we do know is this cause’s great concern for all, based on the appearance of impropriety. If this is true, why hasn’t the FBI investigated these claims? Kari Brandenburg has had this case for over four years. Why hasn’t Ms. Brandenburg done anything with this case? If this was a Fourth Degree Felony, the Statute of Limitation runs out in five years. Is this a waiting game? Could this all have been smoke and mirrors? Was this a result of political bashing of White?

The Eye invites and encourages any politician to write in to the Eye and provide their view.

You will have to decide what you believe. Well Mayor Berry? The public assumes that you did a thorough background check on White before you hired him. Is there any truth to these stories?



Sources cited for use in the above story:
http://www.nowpublic.com/culture/nm-1-congressional-candidate-darren-white-linked-felony-cover
http://www.nowpublic.com/culture/if-fbi-cannot-trust-nm-1-candidate-darren-white-why-should-we

Police State; Is the Media controlled by the Der Führer?

Look around and analyze a little bit of history and the results. When well-padded, Bill Richardson was the Governor, he started this trend. He started hiring big media names such as, Tia Bland, Juan Reyes, and the all popular, Conroy Chino into PIO (public information officer) jobs all over the State of New Mexico. He paid them all huge salaries as PIO’s. APS hired Monica Armenta. Metropolitan Court hired Janet Blaire, and the newest hires come from Mayor Berry’s Administration. Berry hired our local Albuquerque Journal reporter and former exposé of APD’s problematic past (and Taco Bell patron), TJ Wilham and Channel 7’s Chris Ramirez (Huffman). What is the real purpose behind these types of hiring’s? Is it to control all media outlets by shutting down the radio, TV and printed media by proxy?

Former Governor big Bill Richardson was bullet-proof. No one could touch him and the media would not say one bad thing about him or his administration; even if it was true. Now the truth is starting to come.

APD issued an order (see below) instructing officers that they do not have first amendment rights, when on or off duty, when speaking about the Department. Our Eyes behind the badge claim that White and Schultz have issued a “gag-order” directed towards the officers’ wives or significant others. We all know that the officers have no control over their significant others speech. The spouses or significant others have rights. Neither the Chief of Police, Ray Schultz or Chief Public Safety Officer, Darren White, have any right or authority to abridge their speech. If our local Führer’ can’t control their own partners; what would lead them to think that the officers could control their spouses? Is this really becoming a “Police State?”

Chief Ray Schultz was displeased with the decision of our Honorable District Judges. Chief Schultz proceeded to go on a “rant” on Tweeter and television. Chief Schultz is an Officer of the Court and his actions were clearly insubordinate. Did White, Chief Schultz’ boss, say or do anything? White was too busy trying to beat Schultz to the camera, he never knew that Schultz was bringing the Albuquerque Police Department into “disrepute.” Chief Schultz completely violated his own newly written policy. It was a clear violation of the APD Standard Operating Procedures Manual. Is Chief Public Safety Officer, Darren White, going to discipline his subordinate, Chief Ray Schultz based on the SOP violation?

These PIO positions are a waste. Why not let the Chief of Police speak on behalf of the Police Department? Allow the Director of Senior Affairs; speak on behalf of Senior Affairs? The Mayor or CAO should speak on behalf of the City of Albuquerque?

Are our City leaders starting down the road of suppression, the public’s right to know? Going after officers spouses to silence them? Ladies with all due respect; under the Constitution Amendment 19, Women’s Suffrage, allowed women to vote; now it appears that our City leaders are trying to remove your rights a little at a time. Under the Constitution of the United States of America, women are guaranteed the right to vote. Is this leadership trying to ruin what has taken several life times to fight for?



Our Eyes behind the badge told us that Chief Schultz per, Darren White, ordered that officers would not be allowed to vote in the substations. This was in regards to a Vote of No Confidence against White, by APOA members. The vote of No Confidence passed with a whopping 84% margin. Officers’ voting at the substations was a custom and practice that APD has allowed for over twenty years. The officers being treated as second class citizens voted in parking lots or on the sidewalk areas. Did this really help out White’s plight; really?

There are several different Constitutional Amendments that should be look at closely by this Administration.

• First Amendment; which provides freedom of Religion, speech, assembly and petition.

• Ninth Amendment; which protects the rights retained by the people.

• Fourteenth Amendment; which covers due process and equal protection of the laws.

• Fifteenth Amendment; right to vote.

• Nineteenth Amendment; which provides women with the right to vote.

What’s next, burning books, going after a certain class of people, etc…? Who is the Der Führer and is that person controlling all the media? Are they really after these precious rights? Is this just another one of the “shenanigans” that has become a common place with the City? When will the blunders stop? Is Albuquerque becoming a “Police State” or a communist community? Where is the rest of the City leadership or City Council?

These “boys” better wake up; we have the new Honorable Governor Martinez who is a female and a police officer’s wife. It is unlikely she will not stand for any type of abuse of officers’ spouses, from this Administration or from anybody else.

You will have to decide the answers to all these questions and act according to your conscience.

Mayor Berry; it’s time you pull your head out of the sand!

White Gets Slammed by Albuquerque Police Officer’s Association Members

Albuquerque's Public Safety Director, Darren White, thought he walked on water, only to find out that he has been sunk and is drowning under water. Our Eyes tell us that today the members of the APOA laid down Thunder and passed a vote of “NO CONFIDENCE” on Albuquerque’s Public Safety Director, Darren White. The Vote passed by an 84% margin, this is similar to the results by New Mexico State Police of 89% vote of “NO CONFIDENCE.”

The Eye On Albuquerque covered this story last month in, “APOA Members Offer to Lay Down the Thunder.” We followed up yesterday with, “Time for Heroes to Shine.” Both stories covered the prior “NO CONFIDENCE” vote that was conducted by New Mexico State Police.

Below is an excerpt from those two stories:

In one of the Eye On Albuquerque stories, “APOA Members Offer to Lay Down the Thunder,” the story stated in reference to the vote of no confidence in White; “This would be huge; but nothing new to White. New Mexico State Police did a “Vote of No Confidence” against White on September 27, 1999. It was reported that 89 percent of the New Mexico State Police had “NO Confidence” in White.” The Eye has also received several messages from people claiming to be with the Bernalillo County Sheriff’s Department expressing displeasure in White. If anybody looks at White’s track record, it is probable that the results will be similar. White left the State of New Mexico post he held shortly after this powerful statement by the New Mexico State Police Officers.

White’s credibility as a leader has been seriously compromised by this second vote of "NO CONFIDENCE." White’s problems seem to follow him where ever he goes. There is no other way for the rank and file of the Union to express their discontent with White; short of revolting in the same fashion as the people of Egypt. What will it take for the Republican Mayor Richard J. Berry to heed to all the warning signs and flags that keep going up? This “Vote of NO CONFIDENCE” reflects poorly on the Mayor and his Administration.

At some point in time White needs to exam his conscience and ask the question; "Am I right and everyone else is wrong or is everyone right and maybe I am wrong?" We all know the answer. Perhaps Mayor Berry should apply the same question when he is examining this latest blow to his Administration.

Time for True Heroes to Shine

Thursday will separate the honest cops from politically pressured stool pigeons. The members of the Albuquerque Police Officer’s Association will be voting on rather or not they have confidence in who has been referred to as the City’s “Top Cop.” No not the Chief of Police, Ray Schultz, but Public Safety Director, Darren White. We all know that the men and women of the Albuquerque Police Department strive to have solid morals and values. The Department’s mission statement states;

Albuquerque Police Department Mission Statement


We, the members of the Albuquerque Police Department, believe in the shared responsibility of police personnel, government leaders and citizens to improve Albuquerque's quality of life and to defend our community. We vow to uphold the U.S. Constitution, to fairly enforce the laws of New Mexico and the City of Albuquerque in order to protect life, property and rights. In partnership with the community, we will engage in policing to maintain order, reduce crime and the fear of crime through education, prevention and enforcement.

Source:
www.cabq.gov/police/images/psp_brochure.doc

The issue here is; “government leaders.” The Eye On Albuquerque has carried several stories concerning White and his leadership and management style (or lack there of). Schultz has a past history of leading and managing the Department in the right direction. Schultz has some faults but some of his faults draw a line directly to White’s misguided leadership and management style.

In one of the Eye On Albuquerque stories, “APOA Members Offer to Lay Down the Thunder,” the story stated in reference to the vote of no confidence in White; “This would be huge; but nothing new to White. New Mexico State Police did a “Vote of No Confidence” against White on September 27, 1999. It was reported that 89 percent of the New Mexico State Police had “NO Confidence” in White.” The Eye has also received several messages from people claiming to be with the Bernalillo County Sheriff’s Department expressing displeasure in White. If anybody looks at White’s track record, it is probable that the results will be similar. White left the State of New Mexico post he held shortly after this powerful statement by the New Mexico State Police Officers.

It appears his leadership and management style is not suited for law enforcement. Oddly enough, Mayor Berry continues to go along with the charade. If this vote by the APOA Members is different than that of State Police, it may only signal that White has the political magic wand to control some of Albuquerque’s Finest.

Whichever way this vote goes, we must respect the men and women who had the strength and integrity to bring this issue to the forefront of the public and our Mayor.

See APOA Members Offer to Lay Down the Thunder @ http://eyeonalbuquerque.blogspot.com/2011/01/apoa-members-offer-to-lay-down-thunder.html

Taos, New Mexico: Frosty the Snowman Comes to Town

There must have been some magic in that old hat alright. Our Eyes told us about our local Frosty the Snowman, aka; Public Safety Director, Darren White, who led a procession of APD officers up to Taos, New Mexico, to assist with the Gas Crisis. White with the rest of APD in tow used full emergency equipment; red flashing lights and emergency sirens. If this is not an abuse of authority; what is?



Emergency equipment is intended for an “emergency.” The Eye is sure that Taos did not need APD running full emergency code for hundreds of miles. Let’s compare the lives that were placed in peril due to this overt action, compared to how many lives were saved? Oh, that’s right; there was not an immediate threat to life in Taos, New Mexico. The community leaders in Taos had already set up adequate accommodations for the people of Taos. What was Albuquerque’s leadership thinking?

Here are a few quotes from the real movie that seemed fitting:

Frosty: Happy birthday! Hey, I said my first words. But... But snowmen can't talk. Ha ha ha, come on now, what's the joke? Could I really be alive?

Traffic Cop: That silly snowman. Once they come to life, they don't know nothin'.

Source:
http://www.imdb.com/title/tt0064349/quotes

The irresponsibility that was displayed only proves further that APD needs more competent leadership. The Fifth Floor and the Eleventh Floor will now sit around and pounder why citizens are upset with the police; actions speak louder than words, this type of behavior speaks loudly enough for itself. The Eye does not falter the officers but the leadership (or the lack there of). Who was leading the procession? You already know the answer to that question.

The Eye tends to agree with the “Traffic Cop.” What say you; King (Mayor) Berry? Are the jester’s in your court making you look like a fool?

For your entertainment, below is a photo for you to compare Frosty and White.

Mayor Berry’s Administration Sets a New Record

The Berry Administration is setting a new record! The new record being made is for making so many bad decisions. The decision making process in this administration is compatible to a simpleton. At least a simpleton wouldn’t allow people to freeze.

The State of New Mexico was hit with a massive storm accompanied with a frigid arctic blast last week. It was estimated that 20,000 homes on the Westside of Albuquerque lost gas service. During this same time many other communities within the State suffered similar conditions.

The City of Albuquerque activated the Police Department’s Emergency Response Team to Espanola, New Mexico. The cost is huge; there are 45 officers, four sergeants, and two lieutenants heading north to Espanola. The cost per officer’s overtime rate is $37.50 per hour, each sergeant is $45.00 per hour, and each lieutenant is $52.50. Every hour the team is gone is costing the City of Albuquerque $1,972.50 per hour. Every twenty-four hour period costs the City a total of $47,340.00. Plus the cost of gas, wear and tear on the City vehicles, and room and board. Who is going to pay for this? The Governor has declared a “State of Emergency,” this should be handled by the National Guard and/or the New Mexico State Police.

Here are a few questions that need to be addressed;

Why didn’t our Public Safety Director, Darren White, who is paid thousands of dollars per week to protect the public, know about this before it became a disaster for the Westside homes?

Why didn’t our Emergency Preparedness Coordination, Sal Baragiola, who is paid a huge salary, know about this before it became a disaster for our Westside homes?

Why didn’t the City activate the Police Department’s Emergency Response Team to service the Westside homes?

What happens when Albuquerque needs those officers?

Why weren’t these officers activated for our neighbors in the Bernalillo area?

The Honorable Governor Martinez did call for a reduction in electricity and gas usage. Perhaps if our City Administration were doing their jobs by calling for a reduction in a timely manner; this who mess could have been obverted. We have a Public Safety Director, Darren White, and an Emergency Preparedness Coordinator, (former undersheriff to White) Sal Baragiola; whose only purpose is to protect the citizens, but when we actually needed them, they were cuddled around the fire and letting the rest of Albuquerque freeze. Another discerning issue is, when they did realize the problem, there was a “knee jerk” reaction. The Administration over-reacted by activating the Emergency Operation Center; costing the citizens thousands of dollars. The comparison is bringing the dog in after he is frozen to the ground.

Oddly enough, 20,000 of our citizens were cold and went without gas and City officials do nothing. Espanola has a little less than a fourth of that (4,107 household) and the City of Albuquerque sends fifty police officers, over a hundred miles away to help someone else out? The issue here is not giving help to the City of Espanola, but the failure of Albuquerque's City Administration to service the community that pays their huge salaries’.

The State and the City is expecting another storm on Tuesday into Wednesday. It makes us wonder if the Three Stooges, in the Mayor’s office, can figure out what to do and when. Maybe it’s time for City Council to step up and make corrections. The appearance of nonfeasance of duty is despicable.

Source:
HOUSEHOLD CHARACTERISTICS

Total Housing Units in Espanola, NM
At the time of the last census survey, there were 4,107 total housing units in Espanola.


Household Population in Espanola, NM
The household population number in Espanola was 9,620.

http://www.americantowns.com/nm/espanola-information

The Truth?! Some Simply Can’t Handle the Truth

The Eye received this letter from Erika Bryan whose husband, Shaun Bryan, was at the center of an FBI investigation. During the investigation some claim that the FBI lied and falsified factual information and refused to obtain legitimate and bona-fide evidence that would have cleared former Albuquerque Police Officer, Brad Ahrensfeld, who was charged and prosecuted during the investigation.

As you read through Ms. Bryan’ letter, it alludes that this entire event was a result of political corruption within the City of Albuquerque. Ms. Bryan Claims that the “11th floor” did not want Darren White to become Chief Public Safety Officer. Most commonly, the “11th floor” is known as the Mayor’s Office. The Mayor at that time was Martin J. Chavez, who ran unsuccessfully against current Mayor Berry after filing a law suit that allowed him to run for a third term. Ms. Bryan also claims that two APD officers also played an intricate part in this fiasco.

The information below references “SID.” The acronym SID stands for Special Investigation Division. SID is a division that is part of APD.

The letter also suggests that Chief Ray Schultz had knowledge about this fiasco. After the fact, we can see that nothing was done by Schultz to investigate this matter appropriately.

Below is Erika Bryan’s letter:

As a citizen of this great city, a mom, wife, charity organizer, business owner this is the story of the facts so many of you want to know so here we go. On Sept 23, 2009, sixteen Federal agents showed up at our family business with a blank unsigned search warrant. Along with the illegal warrant two FBI agents, SA Drew Mcandless, and SA Marcus Washington sat in my husband’s office “while the rest waited outside” and told me and my husband that they had our mechanic on video “smuggling kilos of cocaine” using our inventory at our dealership to commit these crimes. At the time our business handled the SID “New Systems” (shell company name) contract in which we bought and serviced the SID cars. Immediately red flags went up. How could this be happening not only under our eyes but also under APDs eyes since we did the service for numerous undercover officers daily? Little did we know the FBI is allowed to tell you any lie they chose, and play by their own rules. Needless to say there was no video or drugs and in the course of Brads trial they admitted that this was a “rouge” and they lied in the name of justice.

That point aside the reason I write to the EYE today is not to discuss the gross misconduct of the US government in the way they set our family business up or the MANY ways that they tried and continue to try to ruin Brad Ahrensfelds life, I write today to discuss text messages.

Kathy, Darren Whites now-wife at the time this nightmare began was a close friend of mine. As soon as this nightmare began ” Kat” began texting me and updating me as to what was going on and being said. As best as I can recall, in the hundreds of texts that exist, kat tells the story as to what really happened to us and by proxy Brad. From the beginning she started sending that Darren was infuriated and was going to get to the bottom of what was going on. Quickly the nature of the texts changed from being upset to naming names. … starting with Chris Bakkus. Darren had found out that Chris was involved and according to Darren was openly bragging how he had set this whole thing up. Next in line was Ryan Buckner. As many of you know our home in a gated community in broad daylight was burglarized two weeks before this started, according to the texts from Darrens wife, Buckner was involved and was running surveillance on my family at that time and was involved in the invasion of our home. The texts also say Bakkus and Buckner were getting orders from the 11th floor to get to Darren before the upcoming election. The texts indicate that by setting US up, Darren would have political mud on him and not become the Chief of Public Safety. Kat repeatedly texted how Darren was going to take these guys down and they were going to pay for what they did and he and Ray would make things right. All the while Darren thought we were getting the correct information about the events surrounding this madness through our private investigator. To the best of my knowledge, Darren had no idea Kat was sending us the play by play of everything she knew and overheard. We were told by Darren to stay quiet and he would “RIGHT THE WRONG” and clear Brads name and ours. This went on from the beginning to exactly two days before the trial when Darren called Shawn and reiterated what he had said for months… that he knew he was target and to stay quiet because he would make it right at trial. Darren did not make it right. He made it worse. He said nothing.

After Darren played politics in Brads first trial and all but cut his throat and ours my husband met with the FBI and repeatedly told them to access my phone records and they would have the truth to this whole mess, but sadly they only wanted to have him give them information to prosecute Brad with and even told him “give us info on Brad and we will look into the phone records.” When my husband told them there was no info to give on Brad because he was innocent , that meeting was over and needless to say they never contacted me to obtain these records. So, here I am sharing the tangible truth they refuse to acknowledge that would exonerate Brad. Phone records can be produced “with proper warrants “ and would expose everything and clear Brad and hold the guilty accountable.

Thank you EYE readers for the support you have given to Brad, and to getting to the bottom of this mess. - Erika Bryan.

The Eye would like to thank Ms. Bryan for providing this letter. This letter may clear up some issues but Brad Ahrensfeld’s fate still lies in the hands of the courts. Based on this new information, an ombudsman needs to investigate this matter. This requires a Congressional investigation that should have absolutely no mercy on the offending person or parties. Also, one may see why all the local media has their tails between their legs.