Month: March 2016
Albuquerque settles civil suit with undercover officer shot by own lieutenant for $6.5M
The city of Albuquerque has settled a federal civil lawsuit involving an undercover Albuquerque police detective who was shot by his own lieutenant in what the department called a botched drug bust in Jan. 2015 for $6.5 million.
The suit was originally filed last August. A U.S. District Court Magistrate Judge said Wednesday morning she had received notice of the settlement involving undercover officer Jacob Grant and his lieutenant, Greg Brachle, according to court records. Continue reading
Armed man killed by Roswell police; man allegedly pointed gun
Roswell police officers shot and killed a man late Saturday night after a the man allegedly pointed a shotgun at them during a standoff.
Officers were originally called out just before midnight Saturday when someone reported a pickup driving erratically and the driver waving a gun.
When officers pulled the man over in the driveway of a home in the 700 block of South Aspen Avenue, a passenger got out of the vehicle and told police the driver, 33-year-old Robert Guerin, had a gun.
Roswell police say Guerin got out of the truck shortly thereafter with a shotgun, which he repeatedly refused to drop.
Police spokesman Todd Wildermuth said officers tried to negotiation with Guerin for “about 20 minutes” as he moved around his pickup, then went and positioned himself behind another nearby vehicle.
Wildermuth said Guerin held the shotgun on the hood of the vehicle and eventually pointed it at three officers at the scene.
One of the officers fired once at Guerin, according to Wildermuth, striking him.
Guerin was transported to a local hospital, where he died.
The officer has not been named by RPD, but Wildermuth said the officer has been with the department for five years. The officer is on standard paid leave.
A joint team of Roswell police, New Mexico State Police and Chaves County sheriff’s deputies will investigate the shooting.
Guerin had two prior battery against a houshold member charges dismissed and pleaded no contest to a 2006 DWI charge.
Injured Laguna officer named; 1 dead, 1 sought after shooting at Route 66 Casino
The FBI says a Laguna police officer was shot Thursday morning at Route 66 Casino, but suffered only non-life threatening injuries.
The shooting happened around 12:30 a.m. The FBI said Thursday morning that one suspect died in the officer-involved shooting and that one person was still on the loose. Neither of those people have been identified.
Laguna Pueblo police Thursday afternoon identified the officer who was wounded as 37-year-old Peter Tanzilli, a five-year veteran of the department.
The pueblo said Tanzilli is a U.S. Air Force veteran. He is in stable condition at UNM Hospital.
Earlier Thursday morning, the FBI released lapel video of the suspects and a silver Lexus, with New Mexico plate NAJ 489, that the suspects arrived in at the casino just before midnight. Officers had been investigating the car as stolen, according to the FBI.
The video contains multiple pictures of the vehicle and lapel camera of an officer confronting two suspects.
One of the suspects is seen fleeing the officer. That man was wearing black shorts with a white stripe, a black jacket with white trim and black shoes with a white sole.
The FBI says that man is the suspect who is still wanted and on the run. Anyone with information on the shooting or suspect at large is asked to contact the FBI’s Albuquerque office at 505-889-1300.
The Bureau of Indian Affairs, New Mexico State Police, and Bernalillo County Sheriff’s Department all assisted the FBI with the investigation.
The case is still under investigation. Stay with KOB.com for updates.
Las Cruces settles officer rape lawsuit for $3M
The city of Las Cruces on Tuesday agreed to settle the case of a former Las Cruces Police Department intern who was raped by an officer inside his patrol car for $3 million.
Dianna Guererro was raped by former Officer Michael Garcia and sued the police department, saying the department had a culture of sexism and inappropriate behavior that allowed people like Garcia to be preyed upon. Continue reading
Dept. of Health confirms first Zika virus case in NM
The first case of Zika virus in New Mexico has been confirmed by the state Department of Health.
Deputy Secretary of Health Lynn Gallagher said at a 6 p.m. news conference the patient is a 46-year-old Bernalillo County man who contracted the virus while traveling in El Salvador.
Gallagher said the Centers for Disease Control confirmed the positive test Friday. Testing was conducted in Fort Collins, Colorado.
“We have anticipated that travel-related cases would be identified in New Mexico,” said Gallagher. “We have been working closely with CDC to prepare for Zika cases in New Mexico.”
The Zika virus is transmitted primarily through mosquitos, but can also be transmitted through semen. The CDC has recommended that men and pregnant women traveling to affected areas abstain from sex or use condoms.
The CDC says that as of March 16, there have been 258 cases of Zika reported in the United States. 18 of those people were pregnant women and six of their cases were sexually transmitted.
The New Mexico Department of Health reminded everyone to be mindful of what regions in the world the Zika virus is circulating before traveling. The man infected first felt sick while still in El Salvador. He came back to New Mexico to see a doctor and was tested for the virus. The CDC confirmed he tested positive, but that doesn’t mean New Mexicans should be panicking about an outbreak here at home just yet.
Dr. Fermin Arguello, Medical Epidemiologist with the New Mexico Department of Health says, “the primary reason for that is that in the area where he lives, there’s not known to be the mosquito that actually is capable of transmitting that virus. So we’re not concerned that this is a threat to New Mexico in regards to causing cycles of transmission here.”
The county doesn’t have the mosquito that transmits the virus, however there’s a risk of it being transmitted sexually. Representatives from the Department of Health tell us this man, who they say has recovered, has been educated on the risks. Although right now, there’s no knowledge of how long the virus can stay in your system.
A list of countries affected by the virus can be found here.
For more information about Zika virus, visithttp://nmhealth.org/news/information/2016/2/?view=387 andhttp://www.cdc.gov/zika/pregnancy/index.html.
This is a developing news story; stay posted to KOB.com for the latest updates.
Hickenlooper signs bill extending some recreational marijuana rules to medical pot industry
DENVER – Colorado Gov. John Hickenlooper on Thursday signed a bill that will extend several of the rules for the state’s retail marijuana operators on to medical marijuana licensees and manufacturers.
House Bill 1034 passed the Senate unanimously after passing the House by a 63-1 vote in early February.
The bill affects several changes aimed at helping medical marijuana licensees.
First, it creates a license for medical marijuana business operators who receive profits from the industry but are not owners of a property, something already required for recreational marijuana business operators.
The bill also changes state rules that currently allow medical marijuana licensees only to move their business within the city or county, and allow them to move anywhere in the state, as long as it is approved by the state and the local jurisdiction the licensee is moving to.
The change puts medical licensees on the same plane as retail licensees.
Another facet of the bill allows medical marijuana licensees to try and “remediate” any product that tested positive for substances “injurious to health,” such as pesticides, before having to destroy it. However, this rule would apply only to products that test positive for microbials.
That rule currently also applies to recreational retail marijuana licensees, but not to medical licensees, and could help them save product that would otherwise be considered a total loss.
A final change the bill makes is it allows manufacturers of medical marijuana-infused products, like edibles, to buy and sell medical marijuana to or from one another.
The bill was sponsored by Rep. Dan Pabon, D-Denver, and Sen. Randy Baumgardner, a Republican from the Western Slope.
The original bill did not include the remediation or transfer of medical marijuana between manufacturers, but the language was added by the House ahead of its passage.
The Legislative Council found the bill would have minimal state and local fiscal impacts.
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Man being transported to MDC temporarily escapes custody
A man being transported to the Metropolitan Detention Center in Bernalillo County was able to escape police custody for a short time Wednesday afternoon before he was caught.
22-year-old Joseph Maestas was arrested by US Marshals Task Force officers Wednesday morning on four felony and two misdemeanor warrants. APD says he also had heroin on him when he was arrested after a short foot chase.
When he was taken to MDC around 12:45 p.m., he was able to slip his handcuffs to the front of his body while still in a transport van, according to APD.
Once the van arrived to the secure parking lot outside the jail, he fled past transport officers as they unloaded the inmates.
Maestas was able to climb over a 25-foot fence surrounding the parking lot and run into the mesa south of the jail.
Law enforcement officers were able to get him back into custody after APD says Maestas “gave up.” He was then taken to a hospital after complaining of a medical issue.
Just last week, officers statewide searched for two inmates who escaped Department of Corrections custody while en route from Santa Fe to Las Cruces. Both were arrested days later.
Murderer, 2nd inmate escape van in southeastern New Mexico; police come up empty on search in NW ABQ
UPDATE (1:02 a.m.): APD spokesman Daren DeAguero said the perimeter search was concluded as of 1 a.m. Friday and the suspects were not found.
DeAguero advised anyone who sees the suspects to contact police immediately.
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ALBUQUERQUE, NM — New Mexico State Police are searching for a convicted murderer and a violent inmate who escaped from a prisoner transport van in the Artesia area Wednesday night.
The Department of Corrections says 32-year-old Joseph Cruz and 29-year-old Lionel Clah escaped Wednesday night while en route from Roswell to Las Cruces. Continue reading
APD lieutenant who shot undercover officer in botched drug bust files for retirement
The Albuquerque Police Department lieutenant accused of shooting his own undercover officer in a botched drug bust in January 2015 filed for retirement Monday.
APD spokeswoman Celina Espinoza confirmed to KOB Lt. Greg Brachle purchased PERA retirement fund time and filed for retirement. Continue reading
NM Health Dept. secretary dies in crash; medical episode suspected as cause
SANTA FE – New Mexico Department of Health Secretary Retta Ward died after a single-vehicle crash in Santa Fe Thursday morning.
According to the Santa Fe County Sheriff’s Office, Ward was traveling north on Buckman Road when her vehicle left the roadway for unknown reasons. The vehicle came to a stop on a small embankment off the road.
Investigators believe Ward may have suffered a life-threatening episode in her vehicle because she did not suffer trauma from the crash, according to the sheriff’s office.
“Secretary Ward was an exceptional leader, passionate about improving health for all New Mexicans. She was also passionate about making the Department of Health the best place to work in New Mexico. She valued and appreciated her colleagues. For many of us, she was more than a boss, a colleague, and a mentor. She was a true friend,” Health Department spokesman Kenny Vigil wrote in a statement.
Gov. Susana Martinez tapped Ward to serve as cabinet secretary of the Department of Health in 2013. She also previously served as the cabinet secretary of the Aging and Long Term Services Department.
“I am completely heartbroken to hear that Cabinet Secretary Retta Ward has passed away,” Martinez said in a statement. “She was an amazing public servant who enjoyed her job immensely and earned the respect of her fellow colleagues. Retta joined my administration in 2011, and approached improving public health in our state with great passion and a quiet confidence that helped her bring people together. She was kind and caring – always.”
Below is a joint statement from Secretaries Myles Copeland, Brent Earnest, and Kelly Zunie on behalf of Governor Martinez’s cabinet:
“Our friend and colleague Retta Ward passed away this morning. This news is heartbreaking in so many ways. Retta was a friend and role model to all of us. She was kind and caring in every way, which showed in her work and friendship. We were always inspired by her tireless dedication to the people of New Mexico, and her work to make our state the healthiest in the country. Her work will live on. She’d been with the administration since the beginning, and we worked with her day in and day out. She led by example in treating her staff with dignity and respect, and always demonstrated a passion for building a healthier New Mexico. We’re going to miss Retta’s quiet confidence and strength, and we’re grateful to have had the opportunity to work with, learn from, and get to know her. Retta’s loss leaves us all with heavy hearts today, and we will pray for Retta and her family and friends through this difficult time, and we ask New Mexicans to join us.”