Contact: Erika Martinez
(505)986-4819
Erika.Martinez@nmlegis.gov
FOR IMMEDIATE RELEASE
April 10, 2014
Democratic Senators Respond to DOJ Investigation of APD
Statewide Behavioral Health Crisis a Critical Factor
Santa Fe, NM – Today, the Department of Justice (DOJ) released the results of their 16 month investigation of the Albuquerque Police Department (APD) following 37 police shootings since 2010, 23 of which were fatal. According to the DOJ, there is reasonable cause to believe that APD does engage in a pattern or practice of excessive force, which violates the Fourth Amendment of the United States Constitution.
Several DOJ findings in the investigation include: APD culture was such that officers were not adequately held accountable by the department; the Police Oversight Commission, a community-based board, is not effective in monitoring APD; APD was found to be violating people’s civil rights; the conduct of officers escalated situations, which did result in unnecessary force; most shootings were found to be unjustified; deadly force and unreasonable (non-deadly) force was used; and too much force was used against the mentally ill.
New Mexico Senate Democrats have responded to the issue recognizing that many dynamics, both within APD as well as within the Martinez administration, have played a role in APD’s current crisis. Among those are the administration’s dismantling of New Mexico’s behavioral health system and its resistance to listening to constituents and their needs that have exacerbated run-ins between the mentally ill and police.
“When the DOJ stated that constitutional rights have been violated, that is the most serious indictment of leadership,” said Senator Michael Padilla (D-14-Bernalillo). “Based on these findings, the City of Albuquerque should prepare for multiple lawsuits.” Shootings have already cost Albuquerque taxpayers around $24 million dollars in settlements with families of victims in wrongful shootings.
“The findings of the DOJ are devastating,” added Senator Cisco McSorley (D-16-Bernalillo). “The inability of Mayor Berry to acknowledge and deal with the problems sooner and more effectively is unforgivable. Too many citizens have died and now we need to change course. It’s unfortunate that the city administration hasn’t been up to task and it is now going to be overseen by the Feds and the DOJ. Most troubling is the realization that the city administration is completely out of touch when it comes to constitutional rights of its citizens.”
Recently, Senate President Pro Tempore Mary Kay Papen (D-38-Dona Ana) described the lack of responsibility and services the state offers to the mentally ill. According to the New Mexico Public Defender’s Office, since 2010, 75 percent of APD shooting victims suffered from mental illness. Sen. Papen says it’s one of the dynamics that must be addressed and handled to prevent further run-ins that might end in violence and even death, like that of James Boyd, a homeless mentally ill man killed by APD last month.
Senator Jerry Ortiz y Pino (D-12-Bernalillo) also echoed the need to address New Mexico’s crippled behavioral health system. He cautioned against the implementation of Kendra’s Law, as proposed by some. Kendra’s Law requires treatment and medication forced on the mentally ill. If the mentally ill do not comply, they will violate the law, which may increase run-ins with police officers.
Majority Senate Whip Tim Keller (D-17-Bernalillo) also released a statement about the DOJ findings saying, “Today’s announcement from the Department of Justice regarding their investigation into APD illustrates a path forward for our community while acknowledging the significant issues regarding excessive use of force, civil rights violations and structural issues within the Department that need immediate and long-lasting reform. Especially important is that all stakeholders come together to rebuild community trust in APD, specifically regarding our response and care for those struggling with mental illness and homelessness. I support the DOJ’s series of suggested comprehensive remedies…Now it’s time for leaders to step up and put these reforms in place.”
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