One thing I forgot to include in the above overview: In May of 2006 an APD probationary police officer, driving inappropriately, crashes into the backyard of a home off 53rd street killing an elderly grandmother. This probationary officer is suspended by Ray Schultz, but not terminated. The Bernalillo County DA refuses to indict, why? This APD officer is later promoted. Again there appears to be a failure in the system. Killing a citizen while driving in appropriately (and on probation) should lead to termination and to criminal charges (remember Adam Casaus). Yet in this case the probationary officer was retained and the District Attorney did nothing. The family sued and the city paid hundreds of thousands of dollars. Again elected officials failed in their jobs and the police chief failed in his duty. The community should demand that the Bernalillo District Attorney explain why Adam Casaus fatal accident is different from Zachariah Floyd. Why was Casaus charged and Floyd not. Why did Schultz not terminate him? Why indeed. The appearance of a very cozy relationship between APD Command Staff (Ray Schulz) and Bernalillo County DA Brandenburg begins and is confirmed and gets worse because once a top official lets a bad act go unchecked, how can they undo it?
2010 to Present
The decline at APD picks up steam with Richard Berry as mayor. It's obvious that whatever controls were in place under Martin Chavez, are now truly gone and the floodgates of misconduct open. Berry's hands off style puts Schultz in total charge with no one supervising him. He has dodged the Costales bullet and now he seems to be bullet proof and culminates in way until that defies belief with the flooding of a crime scene by White, Banks, Perry, Wilham, Paiz, Feist, and scores of other top APD officials involving the suspicious death of one of the city’s biggest adversaries: Mary Han.
When have we ever seen such a gathering of top leaders at crime scene? Not even at the Christopher Chase shooting last Fall. Not at the West Mesa mass grave. Not at the killings of APD officers Rick Smith and Mike King. In fact, never. Think about what that means.
APD shootings skyrocket prompting numerous lawsuits and widespread and open citizen protest. City council meetings are flooded with citizens demanding change and accountability at APD. The City Council responds to these issues and votes to ask the Department of Justice to investigate APD, which they agree to do (2012). Remember, Schultz himself when asked about this actually blamed city council for doing this.
Berry and Schultz bring back the college requirement that didn’t work under Galvin / Baca. APD recruiting plummets.
Darren White quits as public safety director in July 2011 after allegations arise that he spirited his wife away from a potential DUI accident. Prior to his resigning, APD Chief Schultz and CAO Rob Perry defend White at one of the weirdest press conferences in city history. Schultz, White and Perry attempt to intimidate the media into leaving the White issue alone. The media doesn’t and White quits for a higher paying job at the Downs of Albuquerque. Berry begins his MO of disappearing during bad news.
Once again we have a failure in checks and balances when it comes to the people in charge. This seems to be the moral of the APD story; no one demands accountability from the top people.
Albuquerque Police have many scandals during this time. They include:
- $10,000,000 judgment for the Ellis shooting (Schultz announces his retirement afterward). The city has now settled this for $8,000,000 and promoted the officer involved.
- Mitschlen shooting costs the city $300,000. Media reports that the officer involved was not qualified to carry the firearm used in the shooting. Officer has a Facebook page where he refers to himself as a “human waste disposal”
- APD SWAT Lt is accused of bullying and threatening his SWAT officers. No charges filed.
- the arrest of APD officer Matt Kindle while he wags his wiener while on duty
- the arrest of APD officer Begaye for possession of child porn
- Schulz gets his revenge on APD officer Ahrensfeld for obstruction of justice when it seems the entire case is built on the testimony of a convicted felon
- the loss of over 300 APD officers leaving to a staffing crisis
- November 2010, Civil Rights attorney Mary Han is found dead in her home. The action of APD and officials from Albuquerque City Hall at the crime scene has led to national attention and a lawsuit by the Han family.
- The October 2013 shooting of 4 law enforcement officers in Albuquerque points out one huge problem at APD. Why were there no command staff officers working? Why do lieutenants only work Monday through Friday (mostly dayshift hours) and none are permanently assigned weekends? Albuquerque is a large metro police department, yet it is still run like Mayberry. The higher up in rank you go the less accountability and responsibility you have; while making a lot more money.
- Berry sets aside the APOA contract and reduces officers pay.
- Berry gives a select few of his already high paid friends (Rob Perry) double digit raises, while officers APD officers what amounts to a 1% pay raise.
- February 2013 the Journal exposes that Ray Schultz is spending more time out of town going to conferences paid for by Albuquerque taxpayers than he is actually working in Albuquerque as chief. Many of these conferences he is accompanied by questionable civilian police employees.
- March 2013, Ray Schultz announces his retirement but doesn’t say when. Berry does NOT start a new search for a police chief.
- August 2013, Ray Schultz finally retires but is allowed to work under contract for $10,000 for one month.
- August 2013, when asked about infidelity at APD Ray Schultz makes his famous, “Nature at Play” quote, which brings APD into national embarrassment. Berry still does nothing.
- October 2013 Berry is re-elected in one of the lowest turnout elections in the history of Albuquerque.
- October 2013 Judge Whitaker dismisses charges against a murder suspect because of the APD homicide detective destruction of the murder weapon. This did not come out until trial and the detective accused the district attorneys of telling him to lie on the stand. Banks does nothing and the District Attorney does nothing. A murder walks free.
- Perry / Wheeler from City Attorney office get into a dispute at a city council meeting where they try to interfere with a citizen’s free speech. Berry does nothing.
- January 2014, the media exposes that during Schultz’s last months at APD he worked diligently to violate the spirit of the Return to Work Repeal, by providing contracts to three APD civilian female employees.
- Allen Banks is named interim chief after Schultz goes on his $10,000 per month city contract. APD has five more shootings during his tenure.
- December 2013 Omaree Varela is murdered by his mother. In the next weeks APD and Chief Banks refuse all comment after it is discovered that in October 2012 an APD officer was called to Omaree’s school regarding allegations of abuse. From the officer’s report it appears she knew Omaree was in danger but did not remove him. She said she sent the report to the Bernalillo DA but the DA never received it (does this sound familiar?). Further investigation shows another incident in June 2012 where APD officers do not listen to the 911 call, do not write a report and do nothing. For weeks Banks / Berry went into hiding over this and refused to speak publicly. Berry finally makes one statement where he says Omaree’s death is the problem of the entire state. He promises to put a task force together to work on CYFD issues. He attempts to distance himself and APD from accountability.
- December 2013 an Internal Affairs complaint is filed against the entire APD Academy staff. It is quashed a day later by Banks. APD refuses to disclose the nature of the complaint. Allegations arise that the Academy director has been having an affair with a subordinate. The Polygraph Unit is moved to a different chain of command and nothing else happens.
- February 2014 it is reported that some APD Academy instructors do not have the correct certification to train officers and cadets. This may impact the certifications of all APD officers.
- Gordon Eden is named Albuquerque Chief of Police after a dubious nationwide search for a chief (remember Schultz announced he was leaving a year earlier). This comes weeks after Allen Banks announces he is leaving for Round Rock, Texas.
- APD Academy is still only graduating a handful of cadets at a time because of the ridiculous college requirement put in by Berry. February 2014 APD has lost over 300 officers and now has less than 900 full time sworn police officers. This includes officers on injury time, vacation, sick time, military time, discipline etc. Berry still refuses to change this horrible policy. Questions arise as to an increase in 911 call response times and a lack of officers as first responders. The answer from Berry? Silence.
- And in August 2013, the state's Attorney General issues a scathing review and criticisim of APD's handling of the Han death scene. Again, APD makes national news.
I know this is not a complete history of the mess APD has become. If the reader wishes to add incidents please do so. What I do hope the reader will take away from this article is the following.
When the people in charge are not held accountable, when the checks and balances disappear, that is when a police department breaks down and fails their community.
Albuquerque has witnessed a historic breakdown of its public safety. The police chief, the mayor, the district attorney and the state attorney general, they all have vacated their authority for their own benefit. This is a textbook example of how a police department loses the faith of the community they serve and the ability to operate.
John Toland (Pulitzer winner) wrote this in his history of the Korean War. I believe it holds true for the Albuquerque Police Department:
……It is human nature that repeats itself, not history. We often lean more about the past from the present than the reverse. I also discovered that a vile person can occasionally tell the truth and a noble person tell a lie; and that men don’t make history as often as history makes men……….
A day before taking over APD, Gordon Eden remarked when asked about the spike of shootings APD that it probably had something to do with increased assaults on officers. The thing is Gordon, if you look at the department's own PERF report, not only have assaults against APD officers been on a downward trend, but so has the trend of other form of force by APD officers.
In his first few moments, Gordon confirms he is more of the same.
A day before taking over APD, Gordon Eden remarked when asked about the spike of shootings APD that it probably had something to do with increased assaults on officers. The thing is Gordon, if you look at the department's own PERF report, not only have assaults against APD officers been on a downward trend, but so has the trend of other form of force by APD officers.
In his first few moments, Gordon confirms he is more of the same.
I hope the readers decide to make a difference and make the Albuquerque Police Department back into the best police department in the nation. The choice is yours. And it begins by holding people at the top accountable.
Cincinnatus
2014