The Albuquerque Police Department’s Fleet Crash Review Board and its Fatal Crash Unit have reviewed the chief’s actions leading up to him running a red light and crashing into another vehicle while fleeing the sound of gunfire. 

They determined the crash was not preventable and he should not be criminally charged, members of APD told the Albuquerque City Council Wednesday night. 

However, the city’s Chief Administrative Officer Samantha Sengel stressed that many other eyes will review the investigation into Chief Harold Medina.

“The District Attorney’s office has that case — which is completed by our investigators — therefore it is an independent review,” she said. “Our independent monitor (Victor Valdez) — who has been approved by the Department of Justice as an independent monitor for us to continue compliance as we go forward — will review this.”

Sengel added: “Then lastly we will be inviting the Department of Justice — which we have no authority over and no ability to direct — to also review this in this monitoring period.”

Sengel said the city also asked the New Mexico State Police to review the investigation. 

However, an NMSP spokesperson told City Desk ABQ on Thursday that it will not be reviewing the incident although he did not answer follow-up questions as to why not. 

The attorney for Todd Perchert, who was severely injured in the crash, told City Desk ABQ that they were disappointed with the findings by the Fatal Crash Unit, “who state the chief failed to activate his emergency lights and sirens.” 

“He never gave our client the chance to stop or slow down because the chief never activated his emergency lights or sirens,” said James Tawney of Tawney, Acosta & Chaparro P.C., in a statement. “The chief also put other drivers’ lives at risk. ART bus station video shows the chief weaving through two other vehicles before slamming into Perchert’s Ford Mustang. These actions display the chief’s poor judgment and complete disregard for the safety and wellbeing of others.”

Crash review board findings

Sgt. Ryan Stone and Cmdr. Benito Martinez, who sit on the crash review board, appeared before the council to explain their findings that the crash was non-preventable. They said the vote by four sworn officers and one civilian was unanimous. 

However, the conclusion raised the eyebrows of some of the councilors, who repeatedly questioned how the board could challenge or effectively question the head of the department.

“I just find it impossible to believe that a fair challenge or a good, tough, honest questioning would happen in this regard,” Council President Dan Lewis said. “Which was the reason why this council was requesting a different process. Not to be critical of you, I think you guys are doing your job, but I think you’d be facing an impossible situation in that regard.”

In response to Councilor Louie Sanchez asking whether anyone asked the chief anything during the board’s investigation, Stone said some members asked questions but he could not remember exactly what they were and nor were they written down. 

Sanchez listed the things he would have asked, including how they knew that Medina was in fact in a dangerous situation, particularly given the fact that he was in an unmarked vehicle.

“There’s a good chance that every single person in that area who was in an unmarked car did not deem to be a threat to those individuals or did not think that they were in a threatening situation,” Sanchez said. “Only one person, with all these cars around, thought they were in a dangerous situation. There seem to be a lot of things missing from your investigation.”

Martinez said the crash review board would not normally have handled this case but did so because of its high-profile nature and to make sure “everybody’s doing everything in their due diligence to make sure they do not mess up in this investigation.”

Fatal crash investigation team

Meanwhile, the Fatal Crash Unit — which normally would be the only entity tasked with investigating the crash — also completed its investigation, finding that Medina “will not be held criminally liable for the incident.”

“Chief Medina violated New Mexico State Statute, ‘Traffic-control signal legend,’ which directly induced the crash,” an offense report for the incident states. “According to State v. Harris ‘injury caused by mere negligence, not amounting to a reckless, willful and wanton disregard of consequences, cannot be made the basis of a criminal action.’’ 

Investigators spoke with Medina, his wife and 58-year-old Perchert, who was severely injured. Perchert’s 1966 gold Ford Mustang was totaled. 

More internal investigation

Superintendent of Police Reform Eric Garcia explained to the council what will happen next, saying that the Internal Affairs Division will receive the findings from the Fleet Crash Review Board. Since they ruled it was non-preventable, no disciplinary action will be taken. 

However, he said Internal Affairs will continue to review the incident and is “trying to identify any possible SOP sections that may have been violated.” Medina took a drug and alcohol test following the crash, which came back negative, Sengel said.

Garcia said internal investigators are reviewing body camera videos and security camera footage as well as identifying any other possible witnesses.

“After reviewing all the evidence, the investigator will compile a list of questions for the witnesses, they’ll interview the witnesses,” Garcia said. “A revision of that list of SOP sections will be looked at just in case there are other additional SOP violations that are identified and at that point, the target in the investigation is interviewed.” 

In response to questions from Councilor Lewis about how they can be assured the internal affairs investigation won’t be biased, Garcia — who answers to the mayor’s office, not the chief — pointed out that they are almost in full compliance with the court-mandated reform effort “as far as disciplinary action and how we impose that discipline with the monitoring team.”

“I think that shows that we have a good track record of imposing discipline fair and equitable throughout the department, regardless of rank,” Garcia said. “I have not been questioned as far as my decisions being made. That’s why I’m in this position right now.”