How tipster claims APD DWI corruption scheme worked
Jan 16, 2025
ALBUQUERQUE, N.M. (KRQE) – January 18, 2025, will mark one year since the public learned about federal agents raiding the homes of Albuquerque police officers. It was part of an FBI investigation into a public corruption scheme involving officers accused of taking money to get DWI cases dismissed.
It's a case the KRQE Investigates team has been following since the beginning. Now, there's a new piece of information revealing a detailed account of how officers appeared to rope accused drunk drivers into the scheme.
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A newly uncovered document titled "Possible Corruption Involving an Albuquerque Police Department Officer and an Attorney's Office in Albuquerque" reveals details of what was passed along to the feds back in April 2022.
"The day they came in, I let the FBI know, and I didn't contact APD because they obviously have a conflict," Albuquerque Attorney Daymon Ely told KRQE News 13 during an interview last year. Ely explained how two people who didn't know each other came to him with similar stories -- allegations of a corruption scheme involving APD officers.
Ely said he passed along the info to the FBI, but wouldn't go into details during his interview with News 13. "I have to be careful about what I'm saying in terms of -- because there hasn't even been an indictment yet," Ely explained.
That is still true. No one has been criminally charged. But in combing through public records attached to a lawsuit filed in District Court, KRQE Investigates learned more about Ely's tip to the feds nearly three years ago. It shows the person who told Ely about it was arrested for DWI by APD in April 2022.
The unnamed tipster notes an APD officer Montano pulled him aside, calling him "lucky" an officer found mushrooms on him and said he would "not get charged for them."
The tip states, "Montano then told {the person} he could expect a call after he got out." The tipster said his driver's license was then confiscated by police.
"I was really proud of these people coming forward because I think it takes real courage to do it," Ely told KRQE.
The unnamed tipster stated Rick Mendez did call, inviting him to attorney Tom Clear's office, a place News 13 would later learn was raided by federal agents in January 2024 as part of a corruption investigation. It was in that office the person claims Mendez, Clear's paralegal, had his confiscated driver's license and said he'd return it for a price: $10,000 in exchange for charges against him dropped.
The tip states Mendez even offered a payment plan, "$5,000 up front with monthly payments of $1,000." The tip goes on to state, "Clear was in and out of the room while Mendez had this conversation…"
"Clear came in and showed {the person} the mushrooms {he'd} been caught with were a controlled substance to demonstrate to {him} he could still be charged," the tip states. It's a similar M.O. to the story KRQE Investigates reported on last year when a man named Carlos Smith came forward.
A similar story reported
"I knew something wasn't right," Smith told KRQE Investigates during an interview last year. He too was called by APD officer Joshua Montaño after a DWI arrest.
"I knew from that moment I needed to document everything, and I did," Smith explained. A voicemail to Smith from Officer Montaño reveals the apparent collateral in his case; Smith's bracelet he was told he could retrieve at Attorney Clear's office.
"Hey Carlos, this is Officer Montaño with APD," the officer's voice is heard on Smith's voice message inbox. "I was just giving you a call because I - I don't know if you realize, but I'm sure you do that some of your jewelry was missing from the property from Sunday evening. And it looks like the PTC officers didn't put that in your bag, but I have it," he added.
Smith also hit record during an interaction he said he had with Mendez at Clear's office where he too claims he was offered a guarantee for a price. Below is a transcript of a portion of that interaction Smith said he had with Mendez:
Paralegal: We're not the cheapest.Smith: Okay.Paralegal: So we charge $8,500 and you could do it in payments.Smith: And with you representing me, that would guarantee that this doesn't go on my record?Paralegal: Yes.
Smith and the ACLU are now suing APD for civil rights violations, along with nine now former officers, including Joshua Montaño, the City of Albuquerque, Chief Harold Medina,Attorney Clear, and his paralegal, Mendez.
"They are taking people's belongings and forcing them to have interactions with private attorneys in order to facilitate obtaining money for the scheme," explained Taylor Smith, an ACLU attorney for Smith's case. "And so it all comes down to, this is essentially a mob-like practice that's being perpetrated by our officers."
Smith's case along with roughly 200 other DWI cases were later dismissed by the Bernalillo County District Attorney's office due to officer credibility issues. Today, nearly one year since news broke of a federal investigation, Smith, the ACLU, and the community are waiting on word from the feds about its findings -- waiting for closure and accountability.
"This is damaging to our legal system as a whole," said Leon Howard, Deputy Director for ACLU New Mexico. "And without that type of accountability, there's not going to be any trust or faith that people truly get due process in our state."
So far one has been criminally charged in the public corruption scandal. At least eight officers, including Montaño, have resigned or retired rather than be interviewed by internal affairs. One APD commander was fired by APD, and another officer remains on leave.