This past December 21, we posted a story regarding the latest APD officer involved shooting where a fleeing burglary suspect had his rear window shot out as he outwitted and outlasted the leadership of APD’s elite SWAT team.
In the hours following the suspect’s escape, APD spokeswoman Tasia Martinez stated, “…As Sosa drove at Officer White, Officer White fired his weapon at the charging vehicle in effort to prevent the suspect from running him over.”
While our Eyes tell us such an action is in violation of APD procedures and use of force rules (because after all, shooting the driver won’t stop the car---basic Newtonian physics here folks: an object in motion tends to stay in motion) what surprises us even more is APD’s chief and his newly minted deputy chief’s effort to twist and distort their very own actions.
This past weekend, APD Deputy Chief, Steve Warfield, went on the offensive to assert Schultz’s new policy regarding the loathed lapel-cameras. It seems the policy for the cameras is: whatever is convenient at the moment. So despite the department being under the scrutiny of a DOJ investigation, and while the department is dealing with a SWAT activation where a felon barricaded himself inside, and despite the high likelihood of the use of deadly force…it is now OK to use “officer discretion” as to use their lapel cameras or not. And now, as stated by DCOP Warfield, even though there were over thirty officers at the Shirley NE address, and nobody had their cameras on, Warfield confirms the cameras rarely capture what is necessary…..um OK; liar.
Back in 2010 when the lapel cameras started to make their appearance we posed that the devices not only were going to have a chilling effect upon the work officers do and the citizens they contact, but would also be problematic in court.
Our Eyes now tell us, case after case is getting thrown out in court because officer’s lapel cameras are recording only partial snippets of an encounter. Partial snippets are inadmissible as evidence because, among other things, they fail the “completeness” rule. Now thanks to DCOP Warfield and Schultz it seems there is no consistent policy as to when the cameras are to be used...no wonder officers expressed confusion about this issue in the recent survey!
From DCOP Warfield:
“The lapel was never meant to replace the police report.”
“These officers made excellent decision making ability.”
So what we’re left with is:
Shots Fired + No Video=Good
Taser/Physical Force + Video=Bad
42 comments:
This is why Dinelli said he was firing Schultz and his deputy chiefs and several of the commanders. To change APD we must clear out the fifth floor.
Here is another lie from Ray to all the media in December 2012.
"APD is going to lose 160 to 200 officers to retirement because of changes to PERA"
Here is the real number. APD had 26 officers retire at the end of December 2012. A normal retirement year. PERA fixed the law enforcement concerns way back in August of 2012. Ray wouldn't know this because he didn't attend any of those PERA meetings. He was too busy looking for another job and spending the taxpayers money by going to conferences and conventions. Too bad his reputation as a horrible manager preceeding him and no one would hire him. We are stuck with him until we vote Berry out of office.
Hey Berry, how does it feel to tie you political future to a police chief who is a civil rights violator and who has mismangaged APD so badly that the Department of Justice has to investigate APD? Is that the record you are going to stand on? I hope so, because your approval rating will be in the toilet by July if you keep Ray Ray.
The used EYE used to be a supporter of APD, they are now the Journal and channel 13 of blogs. Warfield seems to be the only person of reason on the 5th floor.
Warfield, reason? You must be drunk.
Ray is on channel 7 tonight after sitting on the LEA board TODAY deciding the fate of Officers with other Departments around the State. What act of God is it going to take to suspend him from the Board until DoJ finishes their investigation?
And for God sakes, you can say it's limited in scope on Duke City Blues all you want but DoJ told everyone they will peel the onion, which means not limited! Way to come across, yet again, like you are telling everyone to sit down and shut up. First the directive that if we talk we must tell our Chain and now your mandatory viewing video speech saying limited in scope.
Mayors race is going to heat up and Berry may win again. Word has it that Sanchez and Denish may well get into the race. J. Beyers is said to be Sanchez' pick for Chief? Where does this leave Sgt. Heh? He likes Sanchez and Beyers is his friend. We need one more Dem to enter the race to give Berry a victory. We will know in October.
Damn, that pesky little Dinellian just won't go away....shoo!
Schultz and the LEA board, What a hypocrisy. Schultz shouldn't get to clean the burrr-eat-ooh shits out of the toilets after lunch break there. Let him have his fun now because the kangaroo court is on it's last leg and case law is about to be set. Enjoy it now asscakes!
"Somewhat brazen given the frequency with which the city of Albuquerque has failed to respond to motions or missed a deadline for filing an answer." As said by federal Judge Johnson. And don't forget all the sanction fines Schultz's little fat drunk toto-dog lawyer Kathryn Levy has cost taxpayers.....
5:17,
Someone needs to find out just how much Levy has cost the city with her delay games and procedural misconduct in regards to those fines and sanctions. Post it here. An request needs to be made for those records. Everyone knows this Lawyer's games. Delay when she is losing or doesn't want the truth to get out as fast, lie, fail to respond in time to requests, playing stupid, playing the victim after antagonizing people all to delay the inevitable. This lawyer plays games with people's lives and the money of the tax payers with her nonsense. She enables and protects civil rights violators who in turn keep her in her position, and it's all done on the backs of taxpayers.
These criminals have cost the city millions. It hasn't been honset costs generated by doing their jobs. It's been blatant criminal misconduct by lying, breaking laws and committing crimes then by abusing the system and violating every ethics standard set forth in order to protect themselves from liability and exposure. Well guess what. It's over. The DOJ and those you've wronged will be stretching your asses out in this investigation. The right people are now doing the right things and being an advisor, enabler and defender of criminal activity is no longer going to be tolerated. This bullshit would never be going on if these malfeasants had to dig into their own pockets to fund their pertverted behavior and defend their disgusting selves.
Schultz laughs about being long gone before the lawsuits hit and Levy defends people like this.
They all need to know the feeling of a cold lonely jail cell, a pissy mattress, cheese sandwiches and orange drink for a long time. This state is such a target rich environment for corruption that the Feds can really make a difference here by following every lead and conducting a massive sweeping probe of these criminals.
Whose long gone now Ray? It looks like your cowards are leaving you holding the bag. Paiz, Feist.... Who is next to cut and run like a coward? It's going to be nice to see the stubborn lose their pensions.
2013 is off to a bangin start. Yeehawwwwwwwwwwwwwww!
It looks like a few are going to get bucked off of the apple cart when it gets turned over. Errrr..... or should I say the onion cart......Hahahahahaha
No ray. The focus isn't narroow and on force. It's on everything, especially YOU. "To see if the brass has too much influence on investigations" That is one just for starters and boy are they going to get an education when they look into that. When your boys start to lie to creat thoes "layers" in order to nisulate you they will face charges. Lie to the feds and go to jail.
at 7:14
Costales v Sanchez, No. 07cv827 MV/ACT,Doc. 113 (D.N.M. memorandum opinion and order filed Dec. 10, 2008); Chavez v. City orAlbuquerque, No. 07cv476 JCH/RHS, Doc. 19 (D.N.M. Magistrate Judge’s order filed Oct. 29,2007); Painter v. Wells Fargo, et al., No. 07cv395 MCA/ACT, Doc. 42, 47 (D.N.M. Magistrate Judge’s memorandum opinion and order filed Mar. 3, 2008, and order filed Mar. 18, 2008); Canizales v. Armendariz, et al., No. 07cv198 JB/RHS, Doc. 74 (D.N.M. order filed May 12,2008); Graham v. Kenny, et al., No. 07cv258 MCA/DJS, Doc. 38 (D.N.M. memorandumopinion and order filed Sept. 17, 2008); Hatheway v. Thies, 335 F.3d 1199, 1207 & n.3(10th Cir. 2003); Regensberg, et al. v. Cityof Albuquerque, et al., No. D-202-CV-200701342 (N.M. 2nd Jud. Dist. Ct. final order filed Jan.31, 2008); DeLeon v. Arias, No. 10cv105 JCH/RHS, Doc. 5 (D.N.M. motion for entry ofdefault and default judgment filed Mar. 12, 2010); Harris v. State of New Mexico, No. D-202-CV-2010-00789 (N.M.2nd Jud. Dist. Ct. petition filed Jan. 12, 2010).
Judge Johnson on Levy: In fact, the Court finds that Defendants’ refusal to agree to an extension is somewhat brazen, given the frequency with which the City of Albuquerque has failed to respond to motions or missed a deadline for filing an answer. Two examples come to mind. One occurred in this case: the Court granted Defendants’ request to set aside Plaintiff’s Notice of Briefing Complete, where Defendants had failed to respond to Plaintiff’s motion in limine concerning a defense expert. See Doc. 58. As previously noted, Defendants did not participate in executing their portion of the JSR, nor did they respond to Plaintiff’s motion to reopen discovery.
In another case, the Clerk of Court entered a Default Judgment against City of Albuquerque defendants, for failure to file an answer. See Slook v. Albuquerque Police Dept. et al., 07-cv-46 WJ-RHS, Doc. 50. Those defendants moved to set aside the entry of default, and following a hearing, the Court denied plaintiff’s motion for default judgment and setting aside the entry of default. The Court is reasonably certain that further consideration would recall other instances where the Court has given the City of Albuquerque considerable leeway by allowing extensions of time after the City failed to respond to a motion or file an answer.
In the CNAU class action lawsuite involving all those ace of spades pictures: the City agreed to the lawsuite, never filed an answer to the complaint, did not take a single plaintiff deposition, agreed to damages and settled the case for $1.7 million and to pay drug users or enablers or meth and crack houses, and agreed to pay $500,000 in attorney fees to Joe Kennedy. Guess who the defense attorney was?
I can tell you about one case where Levy cost the city thousands. And it was all over a falsified speeding ticket written by, what appeared to be drugged up, APD officer C. Miller..... Oh ya, and when it came to coughing up discovery, she didn't show up...... Case dismissed.........
Got to love Walz's cat litter editing decisions at the ABQ journal:
Tillman texting an 17 year old....bad and certification yanked.
Deputy Chiefs, Darren white, TJ Wilham texting pictures of a crime scene and a body...silence.
"The true hypocrite is the one who ceases to perceive his deception, the one who lies with sincerity." -Andre Gide
Heard Levy got in trouble. What did she do or Not do eye?
Nice data!!!
Her trouble has only just begun. Sanctions, Subpoenas, Depositions.....Oh My!
Investigations, Statements, Disbarment.... Oh My!
Welcome to the New Year.
It's not going to be the same as the old one.
Look at the Tim Chavez case if you want to see sancations against Levy and the City of Albuquerque. Tim is good friend of mine and definately got done wrong by APD. He survived and moved on and is doing well.
34 Carter is on horses? Are you kidding me? Why? APD spent thousands in training him for SWAT and he is sitting like a fence post on a horse.
Police one.com advertised that apd is looking to hire officers. I gotta say it was nice seeing Shultz being dragged through the mud on the internet site and facebook page. thank you ray Shultz for ruining a once great department.
the list is endless with court sanctions against levy, tim Chavez, Orlando Camacho, Sam costales to name a few. its not her money. the same attitude Shultz has.
THE ONLY PEOPLE THAT CARRY RED PURSES ARE GYPSIES AND WHORES...
WHICH ONE ARE YOU?
During the entire grievance I had with Schultz. Levy did all of the above and more. Late....ALWAYS. Asking for continuance....ALWAYS. Delays...ALWAYS. It was nice to sit there and listen to the District Court Judge before the hearing began tell her he knows what she is up to and he was not going to put up with it in his court. She actually stuttered.
And she does that disgusting look as if she's in shock. Things must be really bad lately because she's put on lots of weight and is looking as worn as a junkie. Damn, yesterday she looked like Jabba the Hut's illigitamate child.
@ 1-11 5:58
You would have to be on drugs to jump in the sack with Ray.....EEEEEEEWWWW!!!!!!!!!
How is it that a day shift sergeant sitting in the Chief's office (closet) earns over 93K? I guess adjusting hours don't apply to her. Just another worthless female officer on the 5th floor.
So lets get this straight, Warfield cost the city a ton of $$ for excessive force and civil rights violations. No wonder Ray made him a DC, birds of a feather flock together...
Not only did Warfield loose, he LIED about being in uniform. A Security Guard saw him open his trunk and get the uniform out of the trunk. He told the jury he was in uniform the entrie incident. Jury believed the Security Guard not fat ass Warfield.
at 5:58 in 2001, the company owned by Kathy Levy's husband -- Juan Levy Construction -- had a tax lien for $24,604. He didn't pay it until 2004. Kathy owes $224,000 on a loan that she used her house for collateral. Guess she isn't retiring any time soon.
10:36...hmmmm, time to hit the public records. Imagine if she were responsible for paying the fines and sanctions herself directly--all to no benefit for her client: The citizens of Albuquerque.
Warfield has anger issues, mood swings, most likely undiagnosed Bi Polar, which can be treated but no one has ever held him accountable for his rage.
The Sgt in the Chiefs office makes that kind of $$ because she gets to work a butt load of OT... We are sure that she is allowed to adjust her hours and can come and go as she pleases. She IS married to a Commander. She has no one to answer to.. She wears the pants in that relationship...
Public records show yearly salary:
Levy,Kathryn C Legal Asst City Attorney $105,949.89
Sergeant Jennifer Garcia is a hack! She makes $90k a year the same way Lieutenant Troy Luna makes $144k a year. Its simple there's no accountability for them and they have great scams going on. Don't worry about their scams find your own scams and stop complaining about it!
Speaking of scams why does REHIRE George Trujillo get to bypass the mandatory stay in the field mandate for rehires which he was RE-hired under? I personally was RE-hired two months before George and have been denied any transfers inside let alone a copper theft task force position.
This AFTER he was caught with his pants down literally behind Manzano HS and kicked out of that school as its School Resource Officer. He was banished to the streets as a uniformed swingshift officer as discipline.
Yet here we are a few months goes by and he licks a few balls and BAM! Right back into a sweet dayshift weekends off position.
The streets are desperately bleeding positions yet still I see Officers supposed to be on the streets transferred inside because they are great with their tongues.
Come on Chief Banks, stop letting street Officers hide out inside and don't pretend you knew nothing because you know EVERYTHING!
One more Officer on SE swingshift WILL make a difference where he was originally placed! Please put him back so we have some help out here. I BEG OF YOU SIR!
Trujillo....l.lmao.....they have to modify the car seat to fit him. Cars shudder with fear as they see him walking towards them....please no don't sit me noooooooooooooooooo! Nice PT standards we got!!!
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