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Albuquerque Police Officers' Association
(505) 768-2181
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APOA is a professional organization, assisting in establishing justice, insuring legal protection, providing a common fund, promoting general welfare, and securing the advancement and appreciation of constitutional enforcement.
To view most of the content you must register first.
Welcome Message by President
Ron Olivas HERE
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In God we Trust, all Others we run through NCIC
Stay Informed, Attend the APOA Meetings
 Have some Chief's Overtime to Give Away?
Login HERE to go to the Unofficial APD COT Website!
To get the User name and Password go HERE
(you must be logged to this website to view).
Posted on Tuesday, August 15
Give a Shout
avocasek: Remember the Officer Appreciation Days at Isotopes Park on July 24, 26, 29. Tickets should be available for pickup at the APOA Office starting July 21. Stop by and pick up your tickets. We look forward to seeing everyone there!!!!!! Fun to be had by all!
16-Jul-2008 15:24:33 avocasek: FYI - There will be no regularly scheduled APOA Meeting this week due to a lack of location and a portion of the board being unavailable. The monthly meeting should be rescheduled soon and the information will be announced. Thank you for your support!
16-Jul-2008 15:22:49 megagig: Recently attempted to remove some money I had invested with AIG/VALIC and was told that I did not have access to my own money and that it was IRS rules. Attempted to close this investment account and was told that I could not. Have been advised by AIG that I do not have access to any funds that I have contributed over the years unless I can prove a hardship, I retire, or I am fired, whichever comes first. I understand that I may not be the only one who misunderstood the AIG rules. If you have any questions, please contact Jeremy Mitchell at 800-892-5558 ext 87607
15-Jul-2008 02:59:23 SMarquez: Just wanted to give a huge shout out to Ron, Ben, and all you other 34's who told me not to lose my marbles during this cluster event in my career. YOU GUYS ROCK! Thanks for EVERYTHING!!!!!
29-Jun-2008 19:30:41 avocasek: APOA General Membership Meeting 1800 Hours at the FOB This Thursday
16-Jun-2008 17:28:39 avocasek: Remember the APOA Meeting This Thursday at the FOP - 1800 hours!
13-May-2008 12:26:18 DBrock: Great idea to post upcoming trainings! Hope it continues
10-Apr-2008 19:36:48 avocasek: APOA GENERAL MEMBERSHIP MEETING ON THURSDAY APRIL 17, 2008 at the FOP, starting at 1800.
30-Mar-2008 13:34:01 megagig: Thanks to everyone who showed up and celebrated our St. Patricks Day bash at the FOP. Slainte'
24-Mar-2008 02:53:17 avocasek: Next Meeting To Be Held Thursday March 27, 2008 - 1800 hours at the FOP. We look forward to seeing everyone there
21-Mar-2008 13:10:21
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APD: Motorcycle Accident Near Ventana Ranch |
 Updated at 5:15am -- Officer May Lose Leg in Cycle Accident
Written by Bruce Daniels - ABQnewsSeeker
Friday, 15 August 2008
Off-duty ABQ policeman is in stable condition following crash near Ventana Ranch Thursday.
Here's what the Albuquerque Journal reported this morning:
An Albuquerque police officer may lose his leg after a motorcycle accident he was involved in near Ventana Ranch while off-duty Thursday morning, police spokesman John Walsh said.
Officer Michael Benavidez, whose age was not available, was in stable condition at University of New Mexico Hospital as of Thursday evening, Walsh said. But Benavidez suffered "a critical injury to his left leg below the knee consisting of multiple compound fractures" in the midmorning crash on the West Side.
"He is in danger of losing function in the leg, or the limb altogether," Walsh said.
Benavidez was riding his personal motorcycle south on Ventana West Parkway when a vehicle made a left turn and struck him, Walsh said.
Benavidez hit the ground and skidded into a stone subdivision marker, Walsh said. A Lifeguard helicopter took Benavidez to UNMH.
The cause of the crash is under investigation, Walsh said, but the driver of the other vehicle "said he wasn't paying attention."
It was unclear whether the driver, who was not injured, would face any charges.
Alcohol is not suspected as a factor.
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APD: APD Honors Stalking Specialist, Foothills Officer |
The Albuquerque Police Department recently named Detective Byron Samora and officer Brian Lund the Officers of the Month for April.
Samora was selected as the Non-Uniformed Officer of the Month. He began his career with APD in March 1988. “Samora is a re-hire officer, who brings years of professional experience to his current position in the Family Abuse and Stalking Team (FAST) Unit,” cited an APD press release.
“An experienced stalking investigator, Samora recently solved a case involving a 48-year-old male and his 15-year-old prey,” APD said. “By coordinating surveillance at the target location, the Rail Runner Station, officer Samora conducted a traffic stop on the individual in question. With the help of field units, the suspect, who was a known kidnapper, was arrested before he could bring harm to his intended victim.”
Lund was selected as this month’s Uniformed Officer of the Month. Lund began his career as part of the 88th cadet class in 2003, serving his entire career in the Foothills Area Command.
According to APD, Lund is a leader among his fellow officers and is an extremely motivated and dependable officer. “He constantly displays a high level of efficiency and professionalism on a day-to-day basis,” APD said.
Lund received the Medal of Meritorious Service in 2007.
Recently, Lund received a call that dispatched him to a bank in northeast Albuquerque in reference to two males and one female trying to cash a stolen check. “He took all three suspects into custody without incident, though they turned out to be listed on APD’s July Top 5 Offenders List, and were in possession of a stolen firearm. This arrest initiated investigations into crimes involving several other branches of law enforcement.”
Samora and Lund will receive two days off with pay, a check for $50 from the department, a check for $200 from the Albuquerque Police Officers Association, a gift certificate from Kaufman’s West and Coronado Center, dinner for two courtesy of the Fraternal Order of Police, and they will be honored by several civic organizations.
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APD: APD Ranks Down From '07 |
By T.J. Wilham
Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Despite spending more than $1 million on getting and keeping more police officers on the streets, the Albuquerque Police Department has only three more cops answering calls for service full time than it did a year ago.
And the department's ranks decreased the past year, going from 998 officers to 972 as of Friday.
APD goes through a bid process each April, during which time officers pick assignments. After the bid last year, 434 officers were assigned to answer the nearly 450,000 calls APD gets a year.
This year, there are 437 officers— 45 percent of the department's manpower— assigned to take the calls. Five years ago, 49 percent of the force was designated to take calls.
Response times also slowed by nearly three minutes during the same time period.
APD has been in a recruiting crisis the past three years, twice failing to meet Mayor Martin Chávez's goal of 1,100 officers. The deadline has been extended to December.
APD's budget includes $1 million to increase its manpower. About $140,000 is for recruiting, the rest for retention bonuses to keep veteran officers from retiring early.
Its latest strategy to boost manpower is a new contract signed last month with the police union that will give new officers a 47 percent pay increase over the next three years.
Police Chief Ray Schultz said this week that the department would be at 1,100 officers by Dec. 1. By next bid, 500 of those officers will answer calls full time, he said.
"We'll be awfully darn close to having 500 officers by the next bid," Schultz said. "It takes a year to 18 months before you start seeing the benefits of the money we have spent on recruiting."
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Officer Suing Over Job Loss |
Journal Article
Saturday, February 2, 2008
Officer Suing Over Job Loss
By Scott Sandlin
Journal Staff Writer
Blowing the whistle on police officers who allegedly beat up drunk prisoners at the Alvarado Detention Center cost Guadalupe Bell her job, Bell says in a lawsuit.
Bell, who was a transport officer, saw and was outraged by the actions by Albuquerque Police Department officers. She reported their actions up the chain of command in 2007, according her lawsuit filed this week in Bernalillo County District Court by attorney Brandt Milstein.
Deputy City Attorney Kathy Levy said Friday she had just received a copy of the complaint. "We don't believe the allegations are well-founded," she said.
Besides prisoner abuse, Bell reported falsification of time sheets, improper use of APD vehicles, visits to bars by on-duty APD officers and abuse of lunch breaks, according to her suit.
Bell's report included instances of officers assaulting prisoners at the Alvarado detention center, her suit says.
Officers denied prisoner requests for food and water, and for the bathroom, "preferring to play video games on one of the facility's computer stations rather than attend to prisoners' basic needs," according to the lawsuit.
Bell, an experienced corrections and law enforcement officer, was assured her reports would remain confidential.
But after telling her sergeant in March, harassment began in April, the suit says.
She was called a "rat" by fellow officers, denied senior benefits, was ostracized and was told her work performance was inadequate. Bell also alleges she was passed over for senior pay and harassed because of her Mexican national origin.
Bell says she was forced to resign in August because of the harassment. She is seeking compensatory damages rather than reinstatement and punitive damages to deter future conduct.
Bell pursued her complaints up to the level of a captain who told her he would talk to the chief, Milstein said. She was interviewed by Internal Affairs, but it is unclear what happened with the investigation, he said.
City ordinance calls for a whistle-blower to be given a copy of any investigative report done as a result of disclosures, Milstein said.
"I will look forward to seeing the report if one was even done," he said.
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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Metro Judges Review Ticket Deferral Policy |
Journal Article
Thursday, February 14, 2008
Metro Judges Review Ticket Deferral Policy
By T.J. Wilham
Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Metropolitan Court judges are reviewing a policy that can allow motorists with dozens of prior traffic citations to get a ticket deferred without ever seeing a judge.
That's what well-known Albuquerque developer Jason Daskalos did last Friday after he was cited for driving 83 mph in a 40 mph zone. He got his ticket deferred even though he had 37 prior traffic citations and six deferrals.
Daskalos telephoned a clerk and gave her his credit card number. When the clerk checked to see that he hadn't had a deferral in 18 months, the deferral was granted and Daskalos was billed $59 in fees and fines.
Like any other deferral, his ticket can be dismissed in 90 days as long as he attends driver improvement school and doesn't receive another citation during that time.
Chief Metropolitan Court Judge Judith Nakamura said Wednesday the policy is being reviewed by a panel of judges.
Nakamura said she called for a review of the policy, which was enacted in 2002, last fall.
The panel is expected to have recommendations in March.
"I think it is appropriate to periodically review policy," Nakamura said. "I felt it was time. We have a lot of new judges, (and) some judges were asking about it. I don't think one case should drive policy."
Under the policy, anyone who has received a speeding ticket in Albuquerque can go to or call Metro Court before their traffic date, talk to a clerk, plead guilty and get a deferral— meaning that points won't go on their license as long as they pay the fees and go to driver improvement school.
If the conditions are met within 90 days, the case can be formally dismissed, and no conviction will appear on the driver's record. Motorists can't get another deferral for 18 months.
Daskalos— who has a history of getting his traffic tickets dismissed— was eligible because the last time he got a deferral and attended a driver improvement class was in April 2006.
According to court records, Daskalos had been to driver improvement school at least two other times. He paid a fine in the majority of his other deferrals, which were granted before Metro Court enacted its current policy.
Of Daskalos' 38 citations in the past 20 years, 20 have been dismissed and seven have been deferred. He was convicted in 10 others and acquitted in one of them.
"If they have somebody who is a repetitive violator and continues to have these violations every 19 months, they should not be allowed to get a deferral," Albuquerque Police Chief Ray Schultz said. "I think anybody's driving record and driving history needs to be a consideration if someone can go to driving school again and again.
In 2001, Metro Court judges called a series of meetings with police officials, the District Attorney's Office and the city attorney, which act as prosecutors in Metro Court. One of the goals was to develop ways to ease the court docket and police overtime.
During those meetings, judges developed a policy that allows motorists to go to a clerk before their court date and plead guilty and receive a deferral if they haven't had one in 18 months. Only certain citations are eligible.
A judge doesn't sign off on each deferral. Instead, the Metro Court judges collectively agreed to the process, and clerks carry it out.
Daskalos' court date was supposed to be Monday, and city attorneys were "ready for him."
City Attorney Bob White said his office would have opposed Daskalos getting a deferral if he had needed to show up for court.
"The programs we have in place would not have agreed to a deferral," White said.
If APD had cited Daskalos for something other than speeding— such as reckless driving— he would have been forced to see a judge because any citations that could result in jail time can't be deferred by a clerk, Nakamura said.
Reckless driving citations, which are misdemeanors, can been given if the officer feels the person was speeding and driving in a manner that endangers others or property.
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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Crime Alert: 4 Holdups a Day |
Journal Article
Tuesday, February 19, 2008
Crime Alert: 4 Holdups a Day
By T.J. Wilham
Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Just when Albuquerque police began to get a handle on one crime problem, a new one popped up last year.
According to crime data released Monday, auto thefts, burglaries and crime overall in Albuquerque declined in 2007. But armed robberies spiked 23 percent.
Last year, there were 1,439 armed robberies— bank robberies, fast food holdups, home invasions— an average of nearly four a day.
"Armed robberies have the potential to very quickly go bad," Police Chief Ray Schultz said Monday. "It's a very dangerous crime."
There were positives in the report:
Overall crime was down 5 percent
Car thefts fell 10 percent to 5,039
Burglaries fell 11 percent to 5,622
Arrests were up 12.6 percent.
But there was also plenty of bad news.
There were 48 homicides last year, compared with 36 the year before. And as the Journal reported earlier this year, APD had solved 71 percent by the end of the year.
Rapes were also up slightly, from 286 to 307.
Schultz said Monday that he is especially worried about the robbery increase.
Detectives say that one of the city's most notorious homicides last year— the Dec. 4 killing of Tak and Pung Yi— was a robbery gone bad.
The older Korean couple were killed inside their home on Avenida la Costa NE. Two traveling magazine salesmen— Michael Joseph Lee, 21, and Travis R. Rowley, 23— were indicted on first-degree murder, kidnapping, rape and other charges in connection with the killings.
Schultz said that a few months before the Yis were killed, detectives started to notice the increase in armed robberies and conducted several stings.
Adult robbery arrests did increase by nearly 25 percent last year, but APD detectives solved only 18 percent of all robberies. The national clearance rate for robbery cases is 25 percent.
"We still have a lot of work to do," Schultz said.
Schultz said many of the robberies were committed by first-time offenders, young people and thieves "wanting a thrill."
It appears the Police Department is starting to get a handle on the property crime epidemic.
In 2005, a spike in auto theft and burglaries prompted APD to declare war on property crime by putting its best cops on such cases, investing thousands of dollars in high-tech gadgets and lobbying for new laws.
Along with the drop in auto thefts and burglaries, petty theft cases fell 6 percent.
Petty theft arrests increased by 34 percent.
"The department as a whole has been working very hard on property crimes," said Sgt. Lou Heckroth, APD's top auto theft detective. "We need to continue to work hard and continue to change and adapt. We are glad the stats are going down, but auto thefts are still up from two years ago, and we want to get back down to where we were."
Schultz and others are also concerned about an increase in the number of arson cases from 61 in 2006 to 90 in 2007.
"Arsons are just up right now, and we don't have one thing pinpointed to why," said Capt Mike Paiz, who commands the Albuquerque Fire Department's investigations unit.
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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Violence Up, Property Crimes Down |
http://www.abqjournal.com/west/286636west_news02-19-08.htm
Tuesday, February 19, 2008
Violence Up, Property Crimes Down
By Jeff Proctor
Journal Staff Writer
Overall crime on the West Side and in the Valley dipped slightly from 2006 to 2007, according to figures the Albuquerque Police Department released Monday.
Much of the decrease comes courtesy of Albuquerque Police Chief Ray Schultz's aggressive pursuit of property criminals. On the West Side, property crimes were down 6 percent, according to APD's crime analysis unit. The Valley saw a 4 percent reduction in "crimes against property."
On the other side of the equation, violent crimes rose 4 percent in the Valley, the data show, and jumped 11 percent on the West Side.
It all adds up to a 4 percent reduction in overall crime on the West Side and a 3 percent slide in the Valley, according to APD's figures.
Those numbers are relatively consistent with a 5 percent drop in overall crime citywide.
Westside Area Commander Conrad Candelaria says the figures show that things in his neck of the woods are "good and bad."
"Last year, property crimes were the crime of choice, so to speak," Candelaria said. "The common story every day was that another car had been stolen. So that was a big focus.
"But when you pay close attention to one type of crime in particular, you have to ask whether that level of focus is likely to displace that activity to another part of the city or cause a spike in another crime of choice. Our continual focus is being able to address every type of crime. You can't just be reactive and hit it with resources after the fact. We have to be as proactive as possible, and I feel like we have been."
While overall property crimes were down on the West Side, robberies were up— from 200 in 2006 to 246 last year. Burglaries, on the other hand, dropped 9 percent from 1,515 to 1,377.
Auto thefts were also down: from 1,390 to 1,338— a 4 percent drop off.
Schultz has assigned task forces to combat the property crimes "epidemic," and Candelaria says it's starting to work.
Still, he attributes most of the success police are having on the West Side to two things: the officers and detectives who work that part of the city and community participation.
Candelaria pointed to several crimes— some of them relatively high-profile in nature— that would never have been solved had it not been for the help of the public.
"In order to impact crime on that macro level— those year-end stats you're looking at— I have to be proactive and involved at the micro level," he said. "By that I mean the neighborhood associations. You also have to consider the fact that the West Side has continued to grow. So I have challenged not only my officers and detectives, but also the community to get involved in solving and preventing crimes."
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7,293 DWI Arrests; Bernalillo County Average Was 20 a Day in 2007 |
URL: http://www.abqjournal.com/news/metro/287062metro02-21-08.htm
Thursday, February 21, 2008
7,293 DWI Arrests; Bernalillo County Average Was 20 a Day in 2007
By T.J. Wilham
Copyright © 2008 Albuquerque Journal; Journal Staff Writer
DWI cops in Bernalillo County were busy last year.
Arrests jumped 13 percent in 2007, the biggest increase in 10 years, according to data compiled by the Journal.
"It's encouraging that many people were taken off the streets and arrested, but it's also discouraging that people are continuing the behavior of drinking and driving and putting people at risk," said Terry Huertaz, state director of Mothers Against Drunk Driving.
--------------------------------------------------------------------------------
Busted Drunk Drivers
Cathryn Cunningham / Journal Graphics
Breakdown of 10-year Bernalillo County DWI arrests
pdf download chart
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A combined 7,293 people were arrested in 2007 by all state and local agencies in Bernalillo County. In 2006, 6,419 were arrested.
The information was compiled using statistics from Metropolitan Court, the DWI Resource Center, the U.S. Census Bureau and New Mexico Traffic Safety Bureau. The data does not include people who were charged with both DWI and a more serious felony due to the way the cases are coded in Metro Court. For example, alleged drunken drivers charged with child abuse because their children were in the car would not be included.
According to the data:
An average of 20 people were arrested each day on suspicion of drinking and driving in 2007.
DWI arrests have increased 40 percent since 1997.
32 people were killed in alcohol-related fatalities in both 2006 and 2007. That's down from 44 fatalities a decade ago.
Statewide fatalities dropped about 8 percent from 2006 to 2007.
The average blood alcohol concentration level for those arrested in Bernalillo County on suspicion of DWI was 0.15 in 2006. In 1997, the level was 0.16, which is twice the presumed level of intoxication. (Complete 2007 data was not available.)
The average age of offenders dropped from 32.3 in 1997 to 31.4 in 2006.
Police say they don't believe more people are driving drunk. Instead, they believe the arrests are up because there are more police enforcing the law.
In 2006, the county conducted about 60 DWI checkpoints or special patrols, said Angel Torres, the county's top DWI cop. The county conducted 75 last year.
And the state organized a "100 Days and Nights of Summer" campaign, which featured more than 100 checkpoints from June to September.
"It's sad that arrests increased and that many people were out there driving drunk," Torres said. "What keeps me motivated is that with all of those arrests, you know that there are people in there that could have caused fatalities, serious injuries and all together, millions of dollars of property damage."
In the 12 years he has been a DWI cop, Torres said he has noticed more people are being cautious and drinking less— but it's not enough.
"People are still driving drunk but they are not as drunk as what they used to be," Torres said. "Now people are drinking less because they are trying to be careful. ... They know we are out there."
Albuquerque police arrested 4,794 motorists last year on suspicion of drinking and driving. And the Bernalillo County Sheriff's Department arrested 1,142 people in 2007. They arrested 742 the year before.
Albuquerque Police Lt. Les Brown, who oversees the department's DWI unit, said he expects APD's arrest total to go up this year. He said the department conducted about 25 checkpoints last year. It hopes to conduct about 40 this year.
"We have a lot of dedicated people in the department who take DWI enforcement very seriously," Brown said. "It would be nice if the numbers show there was a positive reduction in the number of people on the streets.
"I think all of these people have always been out there, and we are just arresting more of them."
Although Huertaz said the data came as good news, it wasn't "good enough."
"Still, 176 people lost their lives in New Mexico last year in an alcohol-related crash," she said.
"The best DWI checkpoint is the checkpoint where no one gets arrested because no one was drinking and driving."
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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Army Vet Suing City and Police |
URL: http://www.abqjournal.com/news/metro/288914metro02-28-08.htm
Thursday, February 28, 2008
Army Vet Suing City and Police
By Hailey Heinz
Journal Staff Writer
An Army veteran diagnosed with post-traumatic stress disorder is suing the city and the Albuquerque Police Department, claiming she was assaulted, discriminated against and wrongly fired.
The city says the allegations are not true.
Judith Busto, 22, was hired as a dispatcher in May 2006 after she returned from work as a combat medic in Afghanistan. The suit was filed by Santa Fe attorney Merit Bennett and seeks unspecified damages.
The lawsuit tells a story of escalating trouble between Busto and APD, starting when the department allegedly failed to make accommodations for her post-traumatic stress disorder, and ending when she was fired and allegedly taken to the Veterans Hospital in handcuffs.
"The allegations are factually inaccurate," Deputy City Attorney Kathy Levy said. "We feel confident that once discovery is commenced, what actually occurred will come out."
According to the lawsuit, Busto had an episode in October 2006 and took more than the usual dose of her medication. When authorities arrived, Busto said she didn't need to be taken to the hospital.
According to the suit, an officer allegedly "threw her to the floor, forcefully placed his knee on the back of her neck and handcuffed her."
The suit says the next day, Busto did not go to work because the episode had triggered her stress disorder and she had a medical appointment.
According to the lawsuit, an APD employee offered to send an officer to take her to her appointment, but when the officer arrived, Busto was ordered to come out of her house with her hands in the air and not to make "any sudden moves." She was allegedly taken to her doctor's appointment in handcuffs.
The next day, Busto found that her access badge didn't work, according to the lawsuit.
When another employee let her inside, she was handcuffed, taken to the veterans hospital and told without explanation that she had been fired, according to the suit. It said that the state Labor Department found her termination was not justified.
"It's scary, you know, because all I was trying to do was serve my city," Busto said in an interview. "You'd think they (APD) would be more understanding of military people who have served their country and have come home. They made me feel like a freak."
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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DA Brandenburg Faces Challenger |
 URL: http://www.abqjournal.com/news/metro/288918metro02-28-08.htm
Thursday, February 28, 2008
DA Brandenburg Faces Challenger
By T.J. Wilham
Journal Staff Writer
A former prosecutor has announced she will run for Bernalillo County district attorney, criticizing the sentencing of a homeowner who chased down and killed a would-be burglar.
Lisa A. Torraco said she will take on District Attorney Kari Brandenburg in the November election.
This marks the first time Brandenburg, a two-term Democrat office holder, has faced opposition since 2000.
Torraco, a Republican, said in a news release that she could not "in good conscience stand by and watch as our legal system continues to fail those it is designed to protect and prosecute those whose greatest crime is protecting their families and property from criminal predators."
She was referring to the prosecution of Elton John Richard II, who was sentenced to two years in prison last week after pleading no contest to voluntary manslaughter.
But, when later pressed, Torraco said she, too, would have prosecuted the case by presenting it to a grand jury, but she said she wouldn't have sought prison time.
On Dec. 30, 2004, Richard, a former Marine, shot Daniel Romero, 34, to death after he caught him trying to steal his Ford Bronco in front of his home in the 8200 block of Wolverine NW. The two got into an altercation, and Richard chased Romero about a quarter of a mile before shooting him.
Brandenburg and others pointed out that the state's self-defense law does not give people the right to chase down and kill a burglar.
Torraco said Brandenburg's interpretation of the law is correct but urged her opponent to ask the court to reconsider Richard's sentence and ask for probation.
"This office does not decide cases on political whim or favor," Brandenburg said. "This office does the right thing for the right reasons, and our decisions are made with integrity, and we are not going to deviate from that despite what accusations are being made against us."
Torraco, 45, is a 1991 graduate of University of New Mexico School of Law. In the early 1990s, she worked as an assistant district attorney for Bernalillo and Santa Fe counties.
All content copyright © ABQJournal.com and Albuquerque Journal and may not be republished without permission. Requests for permission to republish, or to copy and distribute must be obtained at the the Albuquerque Publishing Co. Library, 505-823-3492.
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