As news continues to unfold about the five officers suspected of working with a local defense attorney, Thomas Clear III, to get those accused of driving while intoxicated off the hook, many readers reached out with questions about what happens next.
City Desk ABQ tracked down officials to get the answers.
The five officers — Justin Hunt, Honorio Alba, Joshua Montaño, Nelson Ortiz and Harvey Johnson — have all resigned rather than face internal investigation interviews.
Read more of our work on the DWI corruption probe here.
How much was each of the officers paid while on administrative leave before they resigned?
According to APD:
- Hunt was paid $4,954
- Alba was paid $8,716
- Montaño was paid $13,002
- Ortiz was paid $10,859
- Johnson was paid $11,288
- Total: $48,819
What’s happening with the federal investigation?
The federal investigation — which came into view on Jan. 18 when FBI agents raided the homes of officers and Clear’s office — is still unfolding. Last month, the U.S. Attorney for the District of New Mexico told NM PBS that the community should “expect public closure” at the end of the investigation.
The Albuquerque Police Department’s Internal Affairs investigation into the five officers is also continuing, even though they have all resigned. It has expanded to include two members of the Internal Affairs Division — Cmdr. Mark Landavazo who has been put on administrative leave and a lieutenant who has not been publicly identified who was transferred to another unit.
The deadline for that investigation to be completed is May 18 — 120 days from when it began.
Can the officers who resigned under internal investigation work for another law enforcement agency?
Technically yes — but the process has begun to decide whether the officers should have their law enforcement certifications suspended or revoked by the Law Enforcement Certification Board (LECB).
While that process is underway their certification status is identified as under investigation, said Herman Lovato, a spokesperson for the Department of Public Safety. He said most agencies will contact LECB during their background check process.
In some cases an officer’s certification can be immediately suspended pending final disposition, but Lovato said the five officers are not currently under suspension.
In mid-March, the Albuquerque Police Department’s Internal Affairs Division submitted misconduct reports to the state’s Department of Public Safety, notifying them that it is investigating allegations that the officers “committed felony crimes by working with a local attorney and unlawfully accepted money and/or other compensation in return for dismissing or failing to file DWI charges” and that although the officers have not been arrested or charged “we have reason to believe a separate agency is conducting a criminal investigation into these allegations.”
APD submitted the report before the investigation was completed because agencies are required to do so within 90 days of when an internal investigation begins or it’s made aware of misconduct.
What about retirement benefits?
Christina Gauthier, a spokesperson for the states Public Employees Retirement Association, could not discuss individuals, but she said anyone who has met the required number of years is eligible for a pension.
She said the state Legislature has considered laws to make it so anyone who was charged with a felony — either while on the job or not — is no longer eligible for a pension, but those measures have failed.
Gilbert Gallegos, an APD spokesperson, said on the city side if an employee quits rather than completing their retirement paperwork they may not be eligible to cash out their accrued sick leave.
Justin Hunt had been with APD for 24 years before he resigned and Montaño had been there just shy of 20 years. The others had been with the department for 10 years or fewer.
What’s happening with Thomas Clear III, the defense attorney?
Thomas Clear III has not represented any new clients since his office was raided by the FBI on Jan. 18, according to court records.
In late February, Clear’s client in his last case that was filed — involving charges of drug possession and fleeing an officer — switched to another defense attorney.
As for any potential discipline, that would be meted out by the Disciplinary Board of the New Mexico Supreme Court, which is tasked with investigating complaints against attorneys. Discipline ranges from informal discipline that remains private to a suspension or disbarment.
Anne Taylor, the chief disciplinary counsel for the board, said she cannot comment on specific cases but in general she could open up a case if the office “gets wind of some sort of criminal activity.” She said a complaint could also come from the public or another attorney or a judge.
She said the process could take six months to a year and it’s not until an attorney is charged with violating the rules of ethics that the case becomes public.
“If we file the charges against an attorney, we would have to go to a hearing and we would have to prove by preponderance of the evidence — or in some cases by clear and convincing evidence depending on what we’re proving — that the attorney has violated the rules,” Taylor said. “Those hearings are not final, for the most part — depending on what the level of discipline is — until either the board or the New Mexico Supreme Court has also determined that they accept the recommendations of our hearing committee members.”