Alleged victim of Albuquerque police DWI scandal files lawsuit

KOAT ^ | October 3, 2024 | Faith Egbunou

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ALBUQUERQUE, N.M. — The American Civil Liberties Union is suing the Albuquerque Police Department, Chief of Police Harold Medina, and former APD officers under federal investigation involving APD's DWI unit on behalf of alleged victim Carlos Smith.

The ACLU is also suing DWI defense attorney Thomas Clear and his paralegal, Ricardo "Rick" Mendez. Smith claims he was victimized by the APD's DWI Unit's "extortion" scheme. KOAT spoke with Smith's attorney on why he is seeking justice. KOAT reached out to APD regarding the lawsuit.

The 17-page suit filed in Second Judicial District Court also alleges former APD officers, including officer Joshua Montaño, exploited DWI arrests to solicit bribes. It states the defendants, including Medina, each conspired with and amongst each other to violate New Mexico State law. Montaño arrested Smith on June 25, 2023, after suspecting he had been driving while under the influence.

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The police would charge people with DWI, often without breath or blood tests. Then tell the person to contact a specific attorney who would get them off. The lawyer demanded $8500 and would get the police to drop charges and share the fees with the police. Many DWI cases have been dropped because of this scandal.

New Mexico has always been a high percentage Hispanic. This racket sounds like something out of Mexico. However, not all of those involved were Hispanic.

[NoLibZone]

Unionized government employees.

Our nation’s biggest threat.

[Feckless]

Bell county, Texas has (or had) the same setup. Pick the “Right” lawyer and get a PI instead of DUI. We were told about it in the academy Bell county SO ran for new deputies.

[Does so]

I advised a lady friend to bypass AQ, but because of common criminality, NOT Mexican-style corruption.

[Deaf Smith]

Similar in the 1990’s at a rest area on Highway 287 in Wise Co just north of Decatur (Texas y’all).

Bust uninspecting men for indecent exposure and make arrangement through a judge.

After that criminal scam exposed a copy cat department tried that MO at a rest area on IH35W in Johnson Co.

[eyeamok]

why are these officers still allowed to conduct their duties and further harm members of our community, like Mr. Smith?" the attorney added.

tthe real question is whyhasn't the US ATTORNEY INDICTED ALL OF THEM AND PUT THEM IN PRISON???

[Valpal1]

Because he’s waiting for the ACLU to do all the footwork, finding evidence, witnesses and more victims of the scam.

Then he’ll step in with an indictment and plea deal for the miscreants and carve another conviction notch on his belt.

Work smart, not hard.