Take a look at the plea deals in New Mexico's DWI scandal
Apr 07, 2025
**Editor's note: This story will be updated if more pleas are entered.
Table of Contents
Ricardo "Rick" MendezHonorio Alba Jr.Joshua MontañoThomas Clear IIINeill ElsmanJeff HammerelNelson Ortiz
ALBUQUERQUE, N.M. (KRQE) – It’s been over one year since the public learned of the mass
ive corruption scandal where multiple law enforcement members worked with at least two legal professionals to make DWI cases disappear in New Mexico.
The key players from what the feds call a "DWI Enterprise" included members of the Albuquerque Police Department, the Bernalillo County Sheriff's Office, New Mexico State Police, now disbarred Attorney Thomas Clear III, and his Paralegal Ricardo "Rick" Mendez.
Several of those key players have since pleaded guilty to federal charges. Below, you will find information about the individuals and copies of the plea deals they accepted.
Ricardo "Rick" Mendez, paralegal
Paralegal Ricardo "Rick" Mendez was the first person to plead guilty to charges related to the DWI dismissal scheme. According to federal court documents, Mendez worked directly with law enforcement officers to funnel their drunk-driving defendants to his boss, Attorney Thomas Clear III.
Mendez admitted that law enforcement members who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez, who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.
In some cases when charges were filed, Mendez said he worked with officers to make sure he and Clear scheduled court hearings at times when the officers were busy.
The participating law enforcement members would, in exchange, get cash or receive other gifts like gift cards, hotel rooms, sporting event tickets, and free legal advice, according to court documents.
To read the full plea agreement, click here.
Honorio Alba Jr., former Albuquerque Police Department officer
Former APD officer Honorio Alba Jr. was one of the first officers to plead guilty in connection with the DWI dismissal scheme. Charges listed in his plea agreement included RICO conspiracy, bribery, and conspiracy to commit extortion.
Alba joined APD’s DWI unit in 2017 and served in that unit until 2024, when he resigned from the department rather than be interviewed by APD’s Internal Affairs investigators.
Court documents showed Alba admitted that he asked senior APD officers to use their positions and influence to ensure DWI officers were not investigated or disciplined in connection with their illegal activity.
To read the full plea agreement, click here.
Joshua Montaño, former Albuquerque Police Department officer
Former APD officer Joshua Montaño admitted to his role in the DWI dismissal scheme on the same day as Alba. He also pleaded guilty to the same charges, including RICO conspiracy, bribery, and conspiracy to commit extortion.
Montaño also joined APD’s DWI unit in 2017 and served in that unit until 2024, when he resigned from the department rather than be interviewed by APD’s Internal Affairs investigators.
Both Montaño and Alba admitted that from 2019 to 2024, they accepted a “series of transactions involving $5,000 or more during each year."
To read the full plea agreement, click here.
Thomas Clear III, former attorney
Former Albuquerque attorney Thomas Clear III admitted to running a “DWI Enterprise” at least since 1995 and pleaded guilty to nine federal charges, including RICO conspiracy, bribery, and extortion.
Clear admitted to the feds that he worked with “numerous” officers from the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and New Mexico State Police, having them funnel people they arrested for drunk driving to his law firm.
The defendant would pay, and Clear would “guarantee that the DWI criminal case and MVD process would be dismissed.” Meaning, no criminal record and no revocation of their license. Officers would also “intentionally fail to appear” at required hearings, according to court records.
Clear has been permanently disbarred in the federal court system and is also no longer allowed to practice law in New Mexico.
To read the full plea agreement, click here.
Neill Elsman, former Albuquerque Police Department officer
Former APD officer Neill Elsman pleaded guilty to five counts in federal court, including conspiracy, extortion, and bribery.
Elsman started working for APD in 2014 and joined the DWI Unit in 2019. He resigned in August 2024 ahead of an internal affairs interview. In his plea, he admitted to working with Clear since 2021 to get drunk-driving cases dismissed in exchange for cash and other gifts.
He was the third APD officer involved in the DWI dismissal scandal to take a plea deal.
To read the full plea agreement, click here.
Jeff Hammerel, former Bernalillo County Sheriff's Office deputy
Former Bernalillo County Sheriff’s Office deputy Jeff Hammerel was the first member of BCSO to admit to his role in the scheme. He pleaded guilty to five counts in federal court, including extortion and bribery charges.
Hammerel joined BCSO in February 2010 and served in the DWI Unit from January 2013 to November 2024. He worked in field services until January 2024.
In his federal guilty plea, Hammerel admitted to conspiring with Clear, Mendez, and an unnamed "supervisory deputy" to intentionally skip court and administrative hearings, ensuring a DWI case dismissal.
Hammerel also told the feds that his supervisor with BCSO provided him assurances that he would not get into trouble for failing to appear.
To read the full plea agreement, click here.
Nelson Ortiz, former Albuquerque Police Department officer
Former Albuquerque Police Department officer Nelson Ortiz pleaded guilty in federal court to one count of conspiracy to commit interference with commerce by extortion under color of official right.
Ortiz first joined APD in 2016 and served in APD’s DWI Unit in 2018 before joining the Motors Unit in 2021. According to the plea agreement, Ortiz worked with Mendez and Clear to get DWI cases dismissed between April 2020 and January 2024 and received cash payments of at least $500.
He also admitted to federal investigators that even after leaving the DWI unit, he continued to refer DWI suspects arrested by other APD officers to Mendez and Clear.
In addition to prior payments, Ortiz said he received a “referral fee” for helping recruit officers to join the “DWI Enterprise” and set up meetings for recruits with Mendez and/or Clear. He told the feds that Mendez would also use his name to help recruits feel comfortable participating because he’d risen through APD’s ranks to sergeant.
He then resigned in March 2024, just days after investigators with Internal Affairs tried to schedule an interview with him about the scheme.
To read the full plea agreement, click here.
Other members of APD, BCSO, NMSP, and a second attorney are facing allegations for possibly being involved in the "DWI Enterprise." At the time of this publication, none of those individuals had been charged.
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