Albuquerque police deputy is removed from duty in ongoing DWI scandal - Associated Press
A newly promoted police commander in Albuquerque has been removed from duty while the police department in New Mexico's largest city continues to investigate allegations of possible corruption in its DWI unit.
The DWI scandal already has mired the Albuquerque Police Department in a federal investigation, as well as an internal inquiry. At least one commander has been fired, several others have resigned, and dozens of cases have been dismissed.
Police spokesman Gilbert Gallegos said Gustavo Gomez, deputy commander of the department's internal affairs division, was placed on paid leave Wednesday, the Albuquerque Journal reported. Gomez was promoted to the position in January and has been with the police department since 2008.
Gomez was an officer in the DWI unit between 2010 and 2013. His lawyer, John D'Amato, declined to comment on the case.
The FBI investigation has partly focused on DWI criminal cases filed by certain officers that ended up being dismissed in court, according to the Journal. More than 150 cases alleging that motorists drove while intoxicated have been dismissed as part of the federal investigation.
Three Albuquerque police officers combined filed 136 of the 152 DWI cases, and at least 107 of those were filed last year, which was 10% of such cases for the department that year.
No charges have been filed, and it will be up to the U.S. Attorney's Office to determine whether any federal laws were violated.
After state ID’d 140 deficient New Mexico water systems, 65 could still face fines for bad plans - By Danielle Prokop, Source New Mexico
New Mexico environmental officials are mulling next steps for 65 drinking water systems that submitted insufficient plans or failed to address violations under a plan to address the state’s drinking water quality.
State environmental regulators told Source NM last week during an update on the plan they wanted to crack down on violations, saying that with concerns of climate change and water scarcity, drinking water safety is a priority.
The effort comes in the wake of a series of disasters at the Camino Real Regional Utility Authority in late 2023, which culminated in the findings that the utility sent water with high levels of arsenic to more than 17,000 people, without telling the public.
On July 29, the New Mexico Environment Department sent out letters to more than 140 water systems. The letters stated that operators needed to send in plans to address deficiencies in drinking water systems by mid-August or potentially face steep fines. Failing to submit a plan could mean a fine of $1,000 per day, the maximum penalty. The agency created an interactive map with all the systems with outstanding violations.
Deficiencies and systems vary widely. Water systems ranged from small domestic cooperatives run by volunteers for a handful of homes, to rural water domestics, to city systems such as Las Vegas, which serves a population of more than 14,000 people.
Some systems had administrative failures to submit inspection paperwork and issue public notices such as Doña Ana MDWCA. Other water systems had quality issues such as arsenic violations at Belen Water Systems or fluoride levels in Lordsburg.
Source NM reported on the initial 138 letters, but in total, the department sent letters to 140 systems.
Nearly 75%, or just over 100 systems, submitted responses, while 38 water systems did not respond at all, said Bruce Baizel, the state agency’s director at the Compliance and Enforcement division in an interview with Source New Mexico.
Of the plans or letters submitted, Baizel said nearly a quarter lacked substantive changes.
Baizel said the 36 systems in full compliance and the 18 in partial compliance with solid plans are the simple fixes.
“Now we’ll start to get into some of the harder ones, where they either need money or they need technical assistance, but I think we’re made a good step forward on this,” He said.
No fines have been levied yet, but there are 65 systems that are being evaluated for fines or further sanctions, such as Administrative Compliance orders, Baizel said.
“We’ll continue now with targeting those big systems that may just be saying ‘it’s not a priority for us.’ Well, frankly, it needs to be a priority, and we’re going to draw your attention to it through the enforcement tools that we have,” he said.
He expects to send letters certifying that 36 water systems are in full compliance within the week and the department will update the map.
In some cases, the department has already escalated action. In August, the environment department sent an Administrative Compliance Order to the City of Las Vegas with a $273,600 fine, for various recorded violations of water quality treatment chemicals. The city can appeal the order in an administrative hearing.
Travis Martinez, the interim water operation manager for Las Vegas’ water system did not return voicemails or emails requesting comment this week.
Source NM requested a list of all the water systems and their status from the New Mexico Environment Department. Here are the results.
Medicaid expands to cover traditional Native health practices - By Susan Dunlap, New Mexico Political Report
The state has received federal approval this week to provide Medicaid dollars to cover traditional Native health care practices.
New Mexico is one of four states to receive the approval, according to a news release from the New Mexico Health Care Authority, which oversees the state’s Medicaid program. This will enable the state to improve health equity and improve access to culturally appropriate health care to diverse communities.
Participating facilities may include Indian Health Services and other tribal health organizations. Reimbursement will be covered for fee-for-service and managed care Medicaid members who receive services at participating facilities, according to the release.
“Recognizing that traditional health care practices vary across the many Tribes, Pueblos and Nations, New Mexico is pleased to be able to offer Medicaid reimbursement to practitioners in approved facilities who choose to participate,” Dana Flannery, Medicaid director, said through the news release. “This addition to the Medicaid program aligns with the Health Care Authority’s strategic plan to build a New Mexico where every resident thrives.”
Hilcorp agrees to pay $9.4 million amid allegations of Clean Air Act violations - By Hannah Grover, New Mexico Political Report
The New Mexico Environment Department and the U.S. Environmental Protection Agency reached a settlement with one of the largest natural gas producers in the state.
Under the settlement agreement, Hilcorp Energy Company agreed to pay $9.4 million for allegedly failing to curb emissions while completing wells in New Mexico’s San Juan Basin, including on Jicarilla Apache and Navajo Nation lands.
The EPA and the state of New Mexico will split the money from the penalty.
“Oil and gas production results in significant air pollution, including emissions of methane that are one of the leading sources of near-term climate change, which makes today’s settlement with Hilcorp Energy a huge win for the environment and the planet,” Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance said in a press release. “EPA is requiring Hilcorp to pay a $9.4 million penalty and make substantial investments in Clean Air Act compliance, which will reduce climate damaging emissions and improve air quality for all New Mexico residents, including communities with environmental justice concerns.”
Between August 2017 and August 2019, Hilcorp completed nearly 200 wells in Rio Arriba and San Juan counties. The EPA and NMED say that during the well completion operations at 145 of the caves, Hilcorp failed to capture any of the gas that was released. Instead this methane-rich gas was released into the atmosphere. At the other wells completed during that time, Hilcorp only captured a portion of the gas. This gas was directed into flares, which burn off excess gas.
State and federal officials say that Hilcorp’s actions during those two years resulted in thousands of tons of methane and volatile organic compounds being released into the air.
Hilcorp is also required to employ a third-party EPA-approved auditor to ensure that the company is in compliance with the Clean Air Act and the New Mexico Air Quality Control Act.
“This settlement holds one of the San Juan Basin’s largest polluters accountable for their contribution to climate change and ozone pollution,” NMED Secretary James Kenney said in the press release. “If we want to make New Mexico’s air safe for future generations then Houston-based Hilcorp Energy Corporation executives need to step up their game and comply with federal and state rules.”
Hilcorp has also agreed to do work that will result in a 113,000 ton reduction in carbon dioxide emissions over the next three years.
City Council asks voters to weigh-in on who can fire police, fire chiefs - Elizabeth McCall, City Desk ABQ
Albuquerque voters will see two questions on their ballots this election that propose changes to the city’s charter.
One charter amendment would allow the council to have the same amount of say as Mayor Tim Keller has in firing police and fire chiefs. The other amendment would create a process for filling vacancies on a three-member committee that resolves disputes between the mayor and the council.
WHAT WOULD THE “REMOVAL OF OFFICE” AMENDMENT DO?
The first proposed charter amendment on the ballot, if approved by voters, would allow the council to fire a police or fire chief without cause with a 7-2 vote.
The police and fire chiefs would have an employment agreement with the city, which the mayor could terminate with cause. The council however would be able to fire a fire or police chief without cause.
Some councilors have been critical about how Albuquerque Police Department (APD) Chief Harold Medina acted following a car accident he was involved in earlier this year — especially Councilor Louie Sanchez, who asked a law enforcement board to investigate Medina because of the incident.
APD refused to comment on the ballot questions.
In an emailed statement to City Desk ABQ, Albuquerque Fire Rescue Chief Emily Jaramillo said it is “concerning that a chief could be removed without cause under the new proposal.”
In an emailed statement to City Desk ABQ, Keller said there were initial concerns about the measure but the administration worked with the council to put the revised proposals on the ballot.
“Now, the proposal to change the way we hire and fire public safety chiefs gives reasonable checks to both the mayor and council,” Keller said.
WHAT WOULD THE “SEPARATION OF POWERS” AMENDMENT DO?
If approved by voters, the second charter question on the ballot would set a process that ensures vacancies on a committee that tackles disputes between the mayor and council are filled in a timely manner.
The proposal would require the mayor to appoint one member of the intragovernmental conference committee 30 days before the preceding appointee’s term expires or immediately after the appointee resigns. The city charter already requires the council to appoint another member. Those two members are required to appoint a third member to serve as the chair.
According to the amendment, “if either the mayor or City Council fails to name a replacement committee member within 60 days of vacancy, the other body shall make the appointment.”
For more information about when and where to vote, visit the Bernalillo County Clerk’s website.
Judge says he’s leaning toward nixing FEMA rule denying fire victims payment for emotional losses - Patrick Lohmann, Source New MexicoHundreds of millions of dollars could be awarded to victims of the state’s biggest wildfire for the hardship they endured when the federally caused wildfire roared across their land in 2022, based on a judge’s comments Tuesday in federal court.
Judge James Browning said at the end of a hearing Tuesday afternoon he was “leaning” toward ruling on behalf of fire victims who sued the Federal Emergency Management Agency last year. He said he would issue a ruling as soon as possible, but likely not until next month.
If Browning does indeed side with the fire victims, which lawyers on both sides of the courtroom expect is likely, FEMA could be required to establish a system to quantify and compensate fire victims not only for the economic losses they suffered in the state’s biggest wildfire but also for the emotional harm.
For thousands of victims, that could mean additional compensation for the “annoyance, discomfort and inconvenience” of the “nuisance” or “trespass” the fire caused, victims’ lawyers said.
A few others could get sizable payments for their “pain and suffering” resulting from physical injuries they suffered in the fire, in addition to the medical costs. So far, the only recourse for those who were injured or for families of those who died in the fire or ensuing floods has been filing time-consuming and uncertain lawsuits in federal court.
Gerald Singleton, whose San Diego-based firm is representing about 1,000 fire victims, estimated these sorts of emotional harm losses could amount to about $400 million.
He also said the payments could result in a more-equitable distribution of fire compensation funding, as renters or those with low incomes would receive additional compensation beyond just the dollar value for their limited losses in the fire.
Even with the expected ruling, it’s not clear how quickly these payments could arrive in victims’ bank accounts. Because the legal battle centers around a regulation FEMA created, the agency’s lawyers said in court it would have to go through a whole new, formal rulemaking process. That could take months.
The money would come out of a nearly $4 billion fund Congress established in September 2022 that members hoped would “fully compensate” victims of the Hermits Peak-Calf Canyon Fire, started earlier that year by two federal prescribed burns that escaped and combined to destroy several hundred homes and scorched a 534-square-mile area.
As of Sept. 24, the Hermits Peak-Calf Canyon Claims Office had paid $1.35 billion of the fund in 10,417 different claims from households, nonprofits, businesses and local and tribal governments.
Jay Mitchell, director of the claims office, watched the half-day court hearing Tuesday. In a brief interview with Source New Mexico after the judge’s comments, Mitchell suggested the compensation required by the expected ruling could be challenging to administer.
Even though $4 billion might seem like a huge number, “It is a limited fund,” Mitchell said. He suggested the ruling could open the door to a flood of new claims seeking damages for “nuisance” or “trespass” from people whose properties were touched by wildfire smoke.
“Smoke goes where it goes,” he said as he walked into a meeting with lawyers representing FEMA after the hearing.
DID CONGRESS INTEND TO LIMIT DAMAGES?
Singleton’s was among four firms representing dozens of named plaintiffs who sued FEMA last October, alleging the agency improperly denied so-called “non-economic damages” to fire victims in a final set of regulations it published last summer. The rules limited compensation to only economic damages, which are the type of losses with a price tag: things like cars, homes, business expenses and cattle.
The rule was based on the agency’s interpretation of the Hermits Peak-Calf Calf Canyon Fire Assistance Act, written and sponsored by U.S. Rep. Teresa Leger Fernandez and U.S. Sen. Ben Ray Luján, both Democrats from New Mexico.
Luján’s office did not respond to a request for comment. U.S. Sen. Martin Heinrich’s office said the senator would wait until the ruling to weigh in. Leger Fernandez’s office told Source NM she couldn’t comment due to the pending litigation, but she’s “following the issue closely.”
The victims’ lawsuit alleged the agency was wrong when it interpreted the act as excluding non-economic damage payments. To make their argument, lawyers parsed the act’s language to try to determine congressional intent and analyzed state law about what recourse victims would have under New Mexico law if a private company had started the fire and not the federal government.
Months of back and forth between lawyers centered on what Congress meant when they wrote the act. Browning on Tuesday questioned victims’ lawyers and the United States Attorney’s Office about what they think Congress intended by language such as “limited to,” “allowable damages,” “injured person” and “actual compensatory damages.”
For example, the law says payments “shall be limited to actual compensatory damages.” Victims’ lawyers argued, with numerous citations in New Mexico law and elsewhere, that “actual compensatory damages” historically means both economic and non-economic damages. FEMA’s lawyers interpreted the clause to mean that Congress was imposing a limitation: Only economic damages were allowed.
The lawsuit occurred after a Supreme Court ruling that removed deference to federal agencies when they write regulations based on ambiguous laws passed by Congress. It’s not clear how much the court’s ruling on the so-called “Chevron deference” precedent impacted the judge’s comments. But plaintiffs’ lawyer Tom Tosdal repeatedly cited Justice Neil Gorsuch’s ruling in his arguments Tuesday, and the judge wondered aloud whether it applied.
By the time the hearing started Tuesday, Browning said he’d already made up his mind on one important aspect of the lawsuit: He agreed that New Mexico law allows non-economic damages to be paid to victims in a scenario like the fire. That’s important because of a provision in the law requiring the calculation of damages to be based on what’s allowed under state law.
He cited an opinion from the New Mexico Attorney General that concluded emotional hardship payments are allowed for victims of “nuisance and trespass” here. An official at the New Mexico Department of Justicewrote the opinion after a request from two state lawmakers made shortly after a Source New Mexico and ProPublica article on the legal battle.
VICTIMS’ LAWYERS HAVE A ‘BETTER READING’ OF THE LAW, JUDGE SAYS
In describing his inclination to side with the fire victims over the government, Browning also cited one piece of language that lawyers on both sides argued showed congressional intent to either exclude or include emotional hardship payments.
One of the laws’ sections is titled “Allowable Damages” in capital letters and goes on to list three categories of payments: Financial, business or property. To FEMA’s lawyers, Congress was listing all the types of allowable payments, which they said in a legal brief was “implied” by the phrase “allowable damages.”
To the fire victims’ lawyers, Congress was just specifying some types of compensation the act allowed but not limiting payments to those categories of loss.
The judge agreed: “Plaintiffs have a better reading,” he said. He seized on the fact that FEMA’s lawyers wrote in their brief that Congress “implied” its intent to limit damages in that section of the law. An implication is not enough, he said.
Browning also said he would try to issue a ruling as quickly as he could, and discussed with lawyers the best way to avoid further delays in getting the compensation to victims. He cited previous delays in the claims office compensation as the reason for his urgency.
“I don’t live under a rock,” he said. “I know that there has been a lot of criticism of how slow the process was.”
New Mexico election officials promote guide to guard against voter intimidation – By Austin Fisher, Source New Mexico
New Mexico’s election officials reminded voters Thursday that state and federal law protect their right to cast their ballots safely and free from intimidation.
The New Mexico Secretary of State’s Office and the New Mexico Department of Justice on Thursday morning published their updated General Election Voter Information Resource Guide, a week after early voting began statewide.
The guide contains dates and deadlines for the general election, for which voting concludes Nov. 5; information about in-person, mail-in or absentee voting; and who is or isn’t allowed at the polls.
“Clear, accessible voting information is key to boosting voter confidence and participation,” said Secretary of State Maggie Toulouse Oliver, a Democrat. “By teaming up with the New Mexico Department of Justice on this voter information resource guide, we’re making sure New Mexicans know all the ways to cast their ballot and the robust safeguards protecting their rights, their vote, and our election process.”
One of the most significant updates in the guide from previous years is a new prohibition on openly carrying firearms at polling places. In March, New Mexico joined at least 21 other states that ban guns where people vote.
The new law was inspired in part by Santa Fe poll workers, who faced harassment by people openly carrying firearms during the 2020 presidential election, Rep. Reena Szczepanski (D-Albuquerque) told Source NM partner publication Stateline, for a March story.
“Our national climate is increasingly polarized,” Szczepanski, one of the bill’s sponsors, told Stateline. “Anything we can do to turn the temperature down and allow for the safe operation of our very basic democratic right, voting, is critical.”
The guide asks the public to call the Secretary of State’s Voter Hotline if anyone interferes with their vote through threats, intimidation, or coercion, or if they become aware of any interference with others’ right to vote. That number to call is 1-800-477-3632.
“Ensuring every New Mexican can exercise their right to vote freely and without fear is one of our top priorities,” said Attorney General Raúl Torrez. “This guide provides the critical information voters need to understand their rights, and it reinforces our commitment to protecting those rights from any form of interference or intimidation.”
The guide urges people to use trusted sources for voting information, including the Secretary of State’s Office and the 33 county clerks across the state.
“Be wary of misinformation being promoted or repeated by varying sources on television, online, or on social media,” the guide states.
It also includes information about hotlines to call with voting concerns, disabled voters, and ballot drop boxes, along the roles of election board members, precinct judges, challengers, watchers, media and police, said Alex Curtas, a spokesperson for the Secretary of State’s Office.
The Secretary of State’s Office usually publishes similar advisories for every presidential election, Curtas said in an interview. The new one follows the same format as the last one published in 2022, he said.
Mayor on homelessness: ‘We just have to do more’ - By Damon Scott, City Desk ABQ
Those experiencing homelessness who are also battling drug and alcohol addiction will soon have a new option — a roof over their head and an opportunity for recovery. City officials broke ground Wednesday on a pallet home micro-community near Pan American Freeway and Candelaria Road NE called Recovery Gateway.
Officials say the subset of the unhoused community is struggling and in great need of long-term help. The Substance Abuse and Mental Health Services Administration estimates at least 38% of people experiencing homelessness also abuse alcohol, while 26% abuse other drugs. Nearly two-thirds report lifetime histories of substance abuse.
Mayor Tim Keller, who estimates there are nearly 5,000 people living on the street in Albuquerque, acknowledged the problem at the groundbreaking event.
“I think everyone at the city and county agrees we are doing good things … on a number of fronts,” he said. “We just have to do more — that’s what this is about.”
Recovery Gateway is the first project of its kind by the city. It will house up to 50 people in 46 pallet homes — 42 single-occupancy units and four double-occupancy units for couples. Residents can stay up to 24 months or until they are connected to longer-term recovery housing. Officials expect to welcome the first residents sometime this winter, with a full project completion early next year.
Health, Housing & Homelessness Department director Gilbert Ramírez said the micro-community would provide “a safe place without temptation.”
“When you have a safe place to live and lay your head at night you remove a major barrier,” he said. “When you can provide a recovery space for 18-to-24 months, individuals are less likely to recidivate and fall back into a pattern of substance use — that’s vital.”
The campus is set to feature two community rooms for behavioral health treatment, case management and housing navigation, as well as three community bathrooms, laundry facilities, a dog park and a community garden.
The city said it is in contract negotiations with San Antonio, Texas-based nonprofit Endeavors to administer support services at the site — including meals, laundry and transportation. The Albuquerque City Council will have the final say on a contract approval, however.
The pallet homes will be purchased from Everett, Washington-based Pallet Shelter. The city of Santa Fe used the company on a 10-unit pallet home micro-community that opened earlier this year.
Recovery Gateway is being funded from $5 million in city opioid settlement funds, with another $800,000 pitched in by Bernalillo County. City officials said the $5.8 million is enough to cover infrastructure costs and two years of operations.
The city’s Gateway facilities are part of the Metropolitan Homelessness Initiative that Keller announced at his State of the City address in August. Recovery Gateway joins the Gateway Center, Gateway West (formerly the Westside Emergency Housing Center), Family Gateway (formerly the Family Housing Navigation Center) and the forthcoming Youth Gateway — which is still in the early stages of development.
State’s ‘Breaking Bad Habits’ beautification push includes iconic Breaking Bad character - By Rodd Cayton, City Desk ABQ
Walter White is back from the dead and he’s got no tolerance for litterbugs.
The Breaking Bad character is at the center of Gov. Michelle Lujan Grisham’s new beautification campaign, rolled out Thursday in Santa Fe.
Lujan Grisham’s news conference at the Jean Cocteau Cinema included the premier of two new television ads featuring the mild-mannered chemistry teacher turned drug kingpin, played by Bryan Cranston.
The ads, directed by Breaking Bad creator Vince Gilligan, depict an exasperated White picking up trash under a New Mexico desert sun and angrily tossing it into a 55-gallon drum.
“Keep litter out of my territory,” the fictional White growls into the camera at the end of each ad, before crushing a drink cup from Los Pollos Hermanos, the fictional eatery in the series and its spin-off, Better Call Saul.
Lujan Grisham is calling the new campaign “Breaking Bad Habits.” It also includes billboards across the state, advertising on city buses in Albuquerque, social media ads and T-shirts depicting a “Heisenberg” police sketch and the words “keep litter out of my territory.”
Also part of the effort is a new website where people can report illegal dumping, sign up for a volunteer cleanup event and learn more about the promotion. Lujan Grisham plans to ask state lawmakers to approve anti-litter and state beautification initiatives in the 2025 legislative session.
During the 2024 session, the New Mexico Tourism Department received a $2 million special appropriation to promote statewide beautification and litter reduction.
“New Mexico is the most beautiful state in the nation, but I’m saddened and disappointed by the amount of litter I see carelessly tossed along roadways, (and in) public parks and other places,” she said. “It’s time for all of us to commit to breaking bad habits and do our part to eliminate litter and preserve our great state’s spectacular beauty. I’m grateful to Bryan and Vince, who both love New Mexico.”
Mountain West commissioner says she's heartbroken over turmoil surrounding San Jose State volleyball - By Mark Anderson, AP Sports Writer
Mountain West Conference Commissioner Gloria Nevarez said Thursday the forfeitures that volleyball teams are willing to take to avoid playing San Jose State is "not what we celebrate in college athletics" and that she is heartbroken over what has transpired this season surrounding the Spartans and their opponents.
Four teams have canceled games against San Jose State: Boise State, Southern Utah, Utah State and Wyoming, with none of the schools explicitly saying why they were forfeiting.
A group of Nevada players issued a statement saying they will not take the floor when the Wolf Pack are scheduled to host the Spartans on Oct. 26. They cited their "right to safety and fair competition," though their school reaffirmed Thursday that the match is still planned and that state law bars forfeiture "for reasons related to gender identity or expression."
All those schools, except Southern Utah, are in the Mountain West. New Mexico, also in the MWC, went ahead with its home match on Thursday night, which was won by the Spartans, 3-1, the team's first victory since Sept. 24.
"It breaks my heart because they're human beings, young people, student-athletes on both sides of this issue that are getting a lot of national negative attention," Nevarez said in an interview with The Associated Press at Mountain West basketball media days. "It just doesn't feel right to me."
Republican governors of Idaho, Nevada, Utah and Wyoming have made public statements in support of the cancellations, citing a need for fairness in women's sports. Former President Donald Trump, the GOP nominee in this year's presidential race, this week referenced an unidentified volleyball match when he was asked during a Fox News town hall about transgender athletes in women's sports.
"I saw the slam, it was a slam. I never saw a ball hit so hard, hit the girl in the head," Trump replied before he was asked what can be done. "You just ban it. The president bans it. You just don't let it happen."
After Trump's comment, San Diego State issued a statement that said "it has been incorrectly reported that an San Diego State University student-athlete was hit in the face with a volleyball during match play with San Jose State University. The ball bounced off the shoulder of the student-athlete, and the athlete was uninjured and did not miss a play."
San Jose State has not made any direct comments about the politicians' "fairness" references, and Nevarez did not go into details.
"I'm learning a lot about the issue," Nevarez said. "I don't know a lot of the language yet or the science or the understanding nationally of how this issue plays out. The external influences are so far on either side. We have an election year. It's political, so, yeah, it feels like a no-win based on all the external pressure."
The cancellations could mean some teams will not qualify for the conference tournament Nov. 27-30 in Las Vegas, where the top six schools are slated to compete for the league championship.
"The student-athlete (in question) meets the eligibility standard, so if a team does not play them, it's a forfeit, meaning they take a loss," Nevarez said.
That was not the case in New Mexico, where coach Jon Newman-Gonchar said his team discussed whether to play SJSU.
"We're a volleyball team that wants to compete and get better," he said after Thursday night's loss in Albuquerque, New Mexico. "There really wasn't much of a conversation so much about the personnel on the other side of the team. We just asked, are you comfortable playing, are there any concerns? Every single athlete said they were excited to play and get better."
San Jose State coach Todd Kress said playing was his team's "safe haven" and noted that security and police escorts are now involved when his team takes the court. He has not discussed specific players publicly since the forfeits began.
"I know that it's definitely taken a toll on many of them. They're receiving messages of hate, which is completely ridiculous to me," he said in Albuquerque. "Some of those people are the underbelly of society that you attack an 18, 19, 20-year-old female. And even more so if you're a parent and you're attacking 18, 19 or 20-year-olds. Would you want your student-athlete, your daughter, to face the same kind of hate that you're dishing out?"
The Spartans next play Saturday at Air Force, a week before the scheduled Oct. 26 match in Reno — if it goes on.
Nevada released a statement acknowledging that "a majority of the Wolf Pack women's volleyball team" had decided to forfeit against San Jose State. The school said only the university can take that step but any player who decides not to play would face no punishment.
"When we had our first forfeit, there was a lot of heartbreak. And now, we've kind of, not come to expect it but we know the certain programs that may forfeit," Kress said. "It still does hurt our student-athletes when we don't play a match, but I think they've come to accept it a little more and I think that's a very unfortunate thing to say."