Former Albuquerque officers charged in DWI corruption case - By Matthew Reisen and Colleen Heild, Albuquerque Journal
Two former Albuquerque DWI officers have taken plea deals in one of the largest corruption cases to hit local law enforcement.
Honorio Alba Jr. and Joshua Montaño pleaded guilty Friday to racketeering, receiving a bribe, interference with commerce by extortion and conspiracy charges in U.S. District Court.
The plea deals came two weeks after a private investigator, Ricardo "Rick" Mendez, pleaded guilty to racketeering and other charges in a case where officers allegedly took kickbacks to help a local lawyer get DWI cases dismissed.
The development makes Alba and Montaño the first law enforcement officers to be charged in the FBI's ongoing investigation into the "DWI Enterprise."
Mendez, 53, in his plea agreement, told federal agents the scheme also involved personnel from the Bernalillo County Sheriff's Office and New Mexico State Police.
APD has placed 12 officers on leave and 10 have since resigned, retired or been fired as the department conducted its own internal probe into the allegations. BCSO has placed one deputy on leave, and State Police has said it has not found any of its officers were involved.
Both Montaño and Alba resigned before they were scheduled to meet with APD Internal Affairs about the allegations.
The investigation came to light in January 2024 when FBI agents raided the homes of Alba, Montaño, Mendez and the law office of Attorney Thomas Clear III, whom Mendez worked for.
Clear has not been charged in the case, but Mendez said in his plea agreement that the pair worked hand-in-hand with law enforcement to run the scheme since 2008.
Filings by federal prosecutors say the “DWI Enterprise” involved law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps.
In the fallout of the investigation, and because the officers’ credibility potentially could be questioned, 2nd Judicial District Attorney Sam Bregman’s office has dismissed more than 200 DWI cases that had been filed and were pending at the time of the FBI searches.
Court records show Clear has not taken on a criminal case since the day FBI agents raided his office. He also resigned as longtime chairman of the state Public Defender Commission, which governs the state Law Office of the Public Defender.
Proposed assault weapon ban set to reignite gun safety debate at Roundhouse - Dan Boyd, Albuquerque Journal
The fight over firearm restrictions is set to be rekindled at the Roundhouse.
Two first-term Democratic senators from Albuquerque — Debbie O’Malley and Heather Berghmans — filed a bill this week that would ban assault weapons and high-capacity magazines, with certain exemptions.
The proposal, Senate Bill 279, is similar to legislation proposed during each of the last two years that stalled at the state Capitol in the face of fierce Republican opposition.
During a Thursday rally at the Capitol, backers of the measure spoke about their personal losses due to gun-involved crimes.
“We may live in fear of being shot in school or in public, but we have the power to change this reality,” said Bo Wilson, a University of New Mexico student affiliated with a national gun safety group.
Rep. Andrea Romero, D-Santa Fe, who is a co-sponsor of this year’s proposal, told a group of roughly 60 people it would ensure “weapons of war” are no longer easily accessible in New Mexico communities.
The rally took place on the same day the House of Representatives unanimously approved a memorial recognizing homicide victims and their families.
The memorial was sponsored by a bipartisan group of lawmakers, including Rep. Nicole Chavez, D-Albuquerque, whose son was killed in a drive-by shooting in 2015.
New Mexico has one of the nation’s highest firearm fatality rates, at 27.3 deaths per 100,000 people as of 2022, according to the National Center for Health Statistics.
However, pro-gun groups have argued a New Mexico assault weapon ban would be found unconstitutional.
Rep. John Block, R-Alamogordo, said the measure would effectively disarm lawful gun owners.
“Not only will this law make countless New Mexicans felons — especially in the most vulnerable populations — but it will drag the state into costly litigation,” Block told the Journal. “Go after criminals, not inanimate objects and law-abiding gun owners.”
The Democratic-controlled Legislature has already approved several new laws in recent years dealing with firearms restrictions. Those measures include requiring expanded background checks, establishing a seven-day waiting period to purchase a firearm and allowing guns to be temporarily seized from individuals deemed to pose a threat to themselves or others.
The seven-day waiting period law was challenged in court after taking effect, but a federal judge last year refused to grant an order that would have barred enforcement of the law.
Gov. Michelle Lujan Grisham has supported the push for firearm restrictions, and issued an emergency order in 2023 that suspended the right to carry guns at public parks and playgrounds in the Albuquerque metro area.
That order was rescinded last year after a flurry of lawsuits and court orders.
New Mexico courtroom devolves into brawl as 3 people rush defendant in homicide case - Associated Press
A hearing in a New Mexico courtroom devolved into chaos when three people rushed the defendant in a homicide case, setting off a brawl with flying fists and kicks.
Courtroom video cameras recorded the Jan. 31 melee, which subsided as a law enforcement officer drew a stun gun and protected the defendant from further attack.
Felony charges were filed against two men: battery and assault on a public official. They apparently rushed the defendant in a fit of rage over the killing of a relative.
A woman was also arrested on the same charges, Albuquerque TV station KRQE reported Thursday. The courtroom video showed her hitting the defendant and an officer with a chair.
The presence of corrections officers and other security details in courtrooms does not always keep the peace. Last year a defendant in a felony battery case in Nevada flung himself over a judge's bench and grabbed her hair, sparking a bloody brawl with court officials.
Katina Watson, court executive officer at New Mexico's Second Judicial District, told KRQE that "these are the types of things that we see regularly."
She praised an officer for reacting to ensure safety, without mention of potential security enhancements. The Associated Press sent a request to the court Thursday for comment on the fight and security precautions.
For high school sports, decisions loom: Follow Trump or state law on transgender athletes - By Steve Karnowski Associated Press
Minnesota's governing body for high school sports says it will follow state law — not President Donald Trump's executive order — and continue to allow transgender athletes to compete in prep athletics.
Associations in some other states signaled they also may defy the president's order, but others were taking a wait-and-see approach.
The Minnesota organization said in an email to member schools Thursday that participation by and eligibility of transgender athletes is controlled by the Minnesota Human Rights Act, which contains protections for LGBTQ+ people, and the state constitution.
"The Minnesota State High School League, similar to other youth sports organizations, is subject to state anti-discrimination laws, which prohibit discrimination based on gender identity," the message said. "Therefore, students in Minnesota are allowed to participate consistent with their gender identity."
Trump signed the order on Wednesday, giving the federal government wide latitude to pull federal funding from entities that "deprive women and girls of fair athletic opportunities" by allowing transgender athletes to participate. Legal challenges are expected.
In response to Trump's order, the NCAA revised its transgender participation policy to limit women's college sports to athletes assigned as female at birth. The National Association of Intercollegiate Athletics, a governing body for smaller schools, effectively banned transgender athletes in 2023 from women's sports.
"My general reaction is just sadness and anger," said Sawyer Totten, a transgender athlete who competed in cross-country skiing at his Burlington, Vermont, high school. "To see the NCAA almost immediately change its rules to comply with Trump's order and try and pass it quietly was sad and heartbreaking."
The number of transgender athletes competing at the high school and college level is believed to be small, but the topic became a campaign issue for Trump last year as he declared his intent to "keep men out of women's sports." NCAA President Charlie Baker, a former Massachusetts governor, has said there are fewer than 10 transgender athletes competing in sports under his purview.
"Trump's executive order is going after those athletes," Totten, who is now in college, said in a text message to The Associated Press. "I had nothing but positive experiences as a trans athlete in Vermont but it's going to vary state by state. ... I'm glad to see that some states have said that they will not follow Trump's executive order, but they will follow their own state laws."
The California Interscholastic Federation said it complies with a state law that "permits students to participate in school programs and activities, including athletic teams and competitions, consistent with the student's gender identity, irrespective of the gender listed on the student's records," spokeswoman Rebecca Brutlag said in an email Friday.
New Jersey policy notes that "during gender-separated classes or athletic activities, all students must be allowed to participate in a manner consistent with their gender identity."
In Colorado, which has a number of trans-friendly laws, the High School Activities Association requires schools to "perform a confidential evaluation to determine the gender assignment" for transgender athletes. The student and their parents must notify the school that the student's gender identity differs from the one they were assigned at birth.
The New Mexico Activities Association said in a statement that its bylaws say "participating students are required to compete in the gender listed on their original or amended birth certificate." New Mexico allows anyone over age 18, or parents or guardians on behalf of minors, to change the gender on their birth certificates. The association said it will continue to comply with state law and its bylaws.
The Illinois State High School Association said it was awaiting further guidance. The association said its policy on transgender athletes — it "allows participation by students consistent with their gender identity subject to applicable federal and state laws" — continues to be adapted based on guidance from medical experts and state law.
"We will continue to monitor any state legislation or federal guidance that impacts our policy here in Illinois and work with our Board of Directors to make sure that the IHSA and our member high schools remain in compliance with state and federal law," Executive Director Craig Anderson said.
The Michigan High School Athletic Association is also "waiting for further clarification on potential conflicts" between the order and the state's civil rights act, spokesman Geoff Kimmerly said in an email.
The longstanding policy of the Indianapolis-based National Federation of State High School Associations is to leave such decisions up to its state-level affiliates.
"The governance of transgender students' participation in high school athletics programs is handled on a state-by-state basis. In many cases, state governments have issued rulings on this issue," the policy states. "The NFHS does, however, support attempts by member state associations to establish policies that seek to offer competition for all students who wish to be involved in high school sports."
Totten, who started cross-country skiing as a 2-year-old, said competing on his high school team gave him "a sense of belonging and it gave me a place where I could just be myself."
"My coaches and my teammates were all super supportive of me and I never had any issues when it came to competing," he said. "That was my experience as a trans male athlete. No two trans people's journeys are the same."
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Associated Press reporters Jimmy Golen in Boston; Amy Taxin in Santa Ana, California; Marc Levy in Harrisburg, Pennsylvania; Matt Brown in Billings, Montana; Morgan Lee in Santa Fe, New Mexico, and Corey Williams in Detroit contributed to this story.
Bill making electric school buses an option for districts passes through first committee - Leah Romero, Source New Mexico
Lawmakers passed a bill through committee Thursday that would give school districts throughout New Mexico the choice of replacing traditional diesel school buses with zero emission alternative fuel buses.
House Bill 32 received a 7-4 party line vote through the House Transportation, Public Works and Capital Improvements Committee Thursday morning.The House Education Committee will hear the bill next.
Along with giving the state’s school districts a choice of the type of school buses they want for their students, the bill would also require the Public Education Department to provide districts with funding comparable to the cost of a diesel bus to assist in the purchase of electric buses. Alternative fuel buses typically cost more than double what diesel buses do, according to the NM Voices for Children Action Fund.
Cosponsor Sen. Bill Soules (D-Las Cruces) said multiple times during the meeting that the bill does not necessarily advocate for electric buses, but is a “mechanism” for giving districts a choice and funding support if they do choose alternative fuel vehicles.
“It doesn’t tell districts you need to buy buses,” Soules told Source NM. “It just makes sure that whatever you were going to spend on diesel buses, you can spend that same amount to backfill the difference in price on electric buses
Despite this, people representing several nonprofit and environmental advocacy groups spoke in support of the bill, including the Sierra Club Rio Grande Chapter, Vida Mejor Capital, Moms Clean Air Force and Health Climate New Mexico.
Santiago Hardy (Jemez Pueblo / Diné), a youth intern with NM Native Vote, said he graduated from Native American Community Academy in Albuquerque where he had negative experiences riding a traditional bus to and from school.
“The smell of the exhaust would seep into the bus making me feel nauseous, which would affect my schoolwork. Electric school buses would fix this problem and create a safe and sustainable environment for everyone,” Hardy said. “Transitioning to electric school buses would benefit my younger siblings and generations of students to come and the environment.”
Jacob Herbster, transportation coordinator for Dulce Independent Schools in Rio Arriba County, said the district has two electric buses in their fleet purchased through the Environmental Protection Agency’s Clean School Bus Program and they are “thoroughly impressed.”
“We are already seeing a positive impact on our fuel budget,” Herbster told lawmakers.
Rep. Rebecca Dow (R-Truth or Consequences) questioned the benefit of electric buses in her district which covers a large expanse of rural area. Soules said districts where electric buses don’t make sense don’t have to take advantage of what the bill is trying to do.
“I get a little frustrated when lots of the questions then that we get are about ‘well I’m in a rural district and electric buses won’t work for us.’ And I’m like fine, this bill doesn’t affect you,” Soules told Source NM.
Several committee members questioned the need for a law to make alternative fuel buses an option for districts and pointed to making changes to the state procurement code instead.
“We’re living in a time where things are codified in law and rules are still being made and people are being taken to court at the expense of taxpayers,” Rep. Gail Armstrong (R-Magdalena) said. “All I can hear in the back of my mind is the EV mandate that was done by rule in the state of New Mexico that has been detrimental to our auto dealers and I can see this coming for school buses.”
Senate Bill 49, which proposes $340 million in appropriations from the community benefit fund, includes $60 million to the Public School Facilities Authority for electric vehicle charging infrastructure and cost difference for upgrading diesel buses to electric. The bill is scheduled to be heard in the Senate Conservation Committee on Feb. 8.
Legislation seeks to raise royalty rates in the high-production areas of the Permian Basin - By Hannah Grover, New Mexico Political Report
Oil and gas royalty rates could increase in premium parcels on state trust lands in the Permian Basin, if state legislation passes.
SB 23, which cleared its first committee on Thursday, would increase the rates oil and gas producers pay to extract oil from the top producing parts of the Permian Basin. This could bring in up to $75 million in revenue for the state’s land grant permanent fund, according to the fiscal impact report.
The legislation cleared the Senate Conservation Committee on a 5-3 vote
The higher royalty rates would only apply to new leases and would not impact existing leases. Because production doesn’t typically begin until a couple years after new leases are signed, the increase in revenue will not be seen until fiscal year 2028, at the earliest.
Under SB 23, the top royalty rates charged on new leases in the top-producing parts of the Permian Basin would be between 20% and 25%.
The legislation is sponsored by Sen. George Muñoz, D-Gallup, Sen. Liz Stefanics, D-Cerillos, and Rep. Matthew McQueen, D-Galisteo. It is also backed by the State Land Office.
Proponents say the increase will bring New Mexico on par with Texas in terms of royalty rates.
Opponents say it will harm New Mexico’s oil and gas industry and could cause producers to move out of state. They say there are other fees New Mexico producers pay that are more burdensome than those in Texas.
“Raising the top royalty rate means more money for our school kids,” Land Commissioner Stephanie Garcia Richard said in a statement. “It’s pretty simple. Legislators have a rare opportunity in front of them to make a significant impact for public education in New Mexico, and they should take it.”
The bill has previously been introduced and Garcia Richard noted in her statement that last year it made it further than prior years.
Muñoz said last year’s legislation would have applied to parcels statewide. This year, SB 23 limits the higher royalty rate just to the most productive oil and gas parcels in New Mexico.
The State Land Office estimates the legislation will impact less than 1% of the prime leasing parcels in the Permian Basin.
Muñoz said the primary purpose of the State Land Office is to make money to support schools and other state institutions and that money from oil and gas leasing on state lands relieves tax burdens on working families in New Mexico.
“It’s money that the legislators and taxpayers don’t have to come up with to fund government services,” he said.
Muñoz said the proposed higher royalty rates better reflect “the true value of the resource being leased” as well as the current market values.
Royalty rates have not been updated since 1970, which Muñoz said was “well before the full economic potential of New Mexico’s oil and gas regions were fully understood.”
“We know that New Mexico has one of the best oil and gas plays in the world,” he said.
New Mexico courtroom devolves into brawl as 3 people rush defendant in homicide case - Associated Press
A hearing in a New Mexico courtroom devolved into chaos when three people rushed the defendant in a homicide case, setting off a brawl with flying fists and kicks.
Courtroom video cameras recorded the Jan. 31 melee, which subsided as a law enforcement officer drew a stun gun and protected the defendant from further attack.
Felony charges were filed against two men: battery and assault on a public official. They apparently rushed the defendant in a fit of rage over the killing of a relative.
A woman was also arrested on the same charges, Albuquerque TV station KRQE reported Thursday. The courtroom video showed her hitting the defendant and an officer with a chair.
The presence of corrections officers and other security details in courtrooms does not always keep the peace. Last year a defendant in a felony battery case in Nevada flung himself over a judge's bench and grabbed her hair, sparking a bloody brawl with court officials.
Katina Watson, court executive officer at New Mexico's Second Judicial District, told KRQE that "these are the types of things that we see regularly."
She praised an officer for reacting to ensure safety, without mention of potential security enhancements. The Associated Press sent a request to the court Thursday for comment on the fight and security precautions.