The City of Albuquerque agreed to a still-undisclosed settlement in a four-year-old lawsuit filed by the minor children of a man who was shot and killed by police. The agreement came Friday, just two days before a jury trial for the lawsuit was set to start. Three children of Mickey Owings filed a lawsuit against the city in 2014 after the U.S. Department of Justice included Owings’ death in its scathing report of the Albuquerque Police Department and its use of excessive force. A spokeswoman for Albuquerque Mayor Tim Keller confirmed the city and the children’s attorneys agreed to settle, but she declined to provide details before a state district court judge approves the agreement. “The parties reached an agreement on the Owings case, which is one of the last few remaining cases still pending from the previous administration listed in the DOJ report,” the mayor’s spokeswoman Alicia Manzano said.
Albuquerque Mayor Tim Keller signed legislation on Tuesday that prevents federal immigration officers from using city facilities to detain or question people about their immigration status. The resolution, sponsored by city councilors Pat Davis and Klarissa Peña, also prevents city officials from investigating a person’s immigration status. In a statement, Keller announced the legislation will bring city residents together and promote trust in local law enforcement officers. “Everyone in our city should be able to report crime or take their kids to the neighborhood park or library without fear of having their family torn apart,” Keller said. The new city ordinance comes months after the Donald Trump administration and Attorney General Jeff Sessions threatened to withhold federal money from “sanctuary cities,” although there is no official legal definition for the term.
Albuquerque Mayor Tim Keller this week told city police officers to stop the city’s DWI vehicle seizure program. Under existing ordinance, the police department can impound vehicles after DWI arrests, but before the driver has been convicted. Keller called on the city council to permanently change the policy, but there are still pending lawsuits by people who allege the city violated state law and the U.S. Constitution by taking vehicles and then charging owners to release them. Albuquerque’s Chief Administrative Officer Sarita Nair said city attorneys are evaluating each case individually before taking any further action. “Our legal department is doing a case-by-case review of every case, whether it’s in the initial stages, whether it was set for a hearing at the city administrative hearing level or whether it’s in the district or higher courts, to make sure that we handle all the cases consistently, fairly and transparently,” Nair told NM Political Report.
Albuquerque Mayor Tim Keller and Albuquerque Interim Police Chief Michael Geier announced Thursday the elimination of half a dozen high-ranking police positions. Keller told reporters the reorganization is aimed at “eliminating a top-heavy structure.”
The APD rank of major will be eliminated, the two said, along with the assistant chief position. Under the new structure, Geier will oversee four bureaus, each run by a deputy chief, compared to six bureaus run by department majors. Keller told reporters he consulted with APD and decided to start from the top down to reorganize the department, which was also one of his campaign promises. “Like any reorganization, we are starting from the top,” Keller said.
The “groundbreaking research” Albuquerque Mayor Richard Berry commissioned on crime — the city’s No. 1 issue — may sit on a shelf unused when his successor takes office Dec. 1. Why? The two candidates headed for a mayoral runoff election next month, two-term Republican city councilor Dan Lewis and Democratic state Auditor Tim Keller, said the information about crime concentration likely won’t guide their crime-fighting plans if elected.
An Albuquerque City Council committee voted Monday evening to defer for 90 days a resolution asking New Mexico’s congressional delegation to push for an investigation of a 2016 federal law enforcement operation that netted a highly disproportionate number of black people. Councilor Pat Davis*, who sponsored the measure, cast the lone vote to send it to the full City Council. This story originally appeared at New Mexico In Depth and is used with permission. Voting to defer the resolution were councilors Don Harris — who made the motion to delay the vote — Ken Sanchez, Brad Winter and Klarissa Peña. That means the council’s Finance and Government Operations Committee will rehear the resolution after 90 days during which time city officials hope to gather more information.
Criticism of a massive undercover drug- and gun-crime sting spilled into the Albuquerque mayoral race last week, when candidates were pressed about a 2016 federal law enforcement operation that netted a disproportionate number of black people. It was a serious question, made all the more serious by the man asking: Joe Powdrell, a longtime local activist past president of the local chapter of the National Association for the Advancement of Colored People (NAACP), which sponsored the Sept. 8 forum.This story originally appeared on the New Mexico In Depth website and is reprinted with permission.The operation has drawn community and legal scrutiny for alleged racial profiling and for scooping up many who did not fit the “worst of the worst” profile trumpeted by federal officials after New Mexico In Depth investigations. Picking up on the alleged racial targeting, Powdrell asked the candidates “where your head is at in terms of this biased policing.”
Only three of the seven candidates who attended the forum addressed the sting directly. Dan Lewis, a second-term, Republican city councilor who has spoken out on a number of police-related issues during his seven-plus years on the council, gave the most forceful response.
The Department of Justice says for the city of Albuquerque to qualify for a partnership to combat violent crime, the city will have to comply with efforts federal immigration enforcement for immigrants who are detained. To qualify for the cooperation and funding, the DOJ says Albuquerque, and three other cities, must answer questions on how the city cooperates with federal authorities on immigration
“By protecting criminals from immigration enforcement, cities and states with so-called ‘sanctuary’ policies make all of us less safe,” Attorney General Jeff Sessions said in a statement. “We saw that just last week, when an illegal alien who had been deported twenty times and was wanted by immigration authorities allegedly sexually assaulted an elderly woman in Portland, a city that refuses to cooperate with immigration enforcement.”
The term “sanctuary-city” does not have a specific definition, but the term is usually used to refer to municipalities that don’t fully cooperate with U.S. Immigration and Customs Enforcement on enforcing federal immigration laws. The federal program in question is the Public Safety Partnership, announced in June by the DOJ. The City of Albuquerque currently does not use city resources to help federal authorities apprehend or identify undocumented immigrants unless otherwise required by law.
The acting U.S. Attorney in Albuquerque will hear out local black leaders and their concerns over a massive, 2016 undercover sting operation that “sent shockwaves” through the city’s black community. Acting U.S. Attorney James Tierney agreed to meet in a July 11 letter to the local chapter of the National Association for the Advancement of Colored People (NAACP) and the grassroots Sankofa Men’s Leadership Exchange. The groups’ leadership contacted Tierney after a series of stories by New Mexico In Depth that examined the operation conducted by the federal bureau of Alcohol Tobacco Firearms and Explosives (ATF). This story originally appeared at New Mexico In Depth and is reprinted with permission. The operation scooped up 28 African Americans — out of 103 arrested — or 27 percent, an “alarming” statistic, Dr. Harold Bailey noted in the NAACP’s letter.
A public records request seeking information about the potential use of surveillance technology spurred a lawsuit against the Albuquerque Police Department last week. The American Civil Liberties Union (ACLU) of New Mexico filed the suit against APD in Albuquerque’s district court after the department refused to release policy information about the department’s possible use of devices capable of tracking and extracting data from cellphones.[perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]The state’s best environmental coverage. [/perfectpullquote]In May the New Mexico chapter of the ACLU filed a records request, asking for the department’s policies and procedures on the use of cell site simulator tracking devices. In response, APD said there were no records pertaining to how many cell site simulators often called International Mobile Subscriber Identity (IMSI) catchers or Stingrays, the department owned or used. But, APD officials also said any policies and procedures on collecting and storing data from personal cellphones is confidential and cannot be publicly released, and cited an Inspection of Public Records Request exemption.