Complaint filed in Trujillo ‘false charges’ case

SANTA FE – The father of a state representative is dipping into the murky legal issues surrounding tribal police officers who carry deputizing commissions from Santa Fe County.

Luciano Trujillo’s complaint, filed by attorney Richard Rosenstock, alleges that the Santa Fe County Sheriff’s Office was negligent in giving commissions to Pojoaque Pueblo police officers, in part by failing to see that the tribal officers were properly trained, supervised or disciplined by the pueblo.

Santa Fe County is not the only department to issue commissions to tribal police – other counties, as well as the State Police, issue commissions, with each agency setting its own requirements.

In the Pojoaque case, Rosenstock argues that his client, the father of state Rep. Carl Trujillo, D-Santa Fe, had his arm painfully twisted behind his back and was otherwise abused during an unjustified arrest by Pojoaque officers and faced bogus criminal charges as a result of the county’s negligence.

“In essence, Defendants sought to create a situation where the Santa Fe County Sheriff got something for nothing” – police patrols in part of the county covered by the tribal officers – “while citizens … could be abused without consequence to Santa Fe County and its Sheriff,” the complaint states.

Luciano Trujillo is suing the Santa Fe County Commission, the county Sheriff’s Office, Sheriff Robert Garcia and former sheriff Greg Solano over the traffic stop by Pojoaque officers in March 2011 and seeks compensatory damages for his “false charges” and treatment by the tribal police.

The suit also suggests that the traffic stop was harassment.

It notes that Luciano Trujillo was arrested following a Democratic Party ward meeting at which Carl Trujillo’s supporters won a victory over backers of longtime House Speaker Ben Lujan. Luciano Trujillo was charged as punishment for “his speech and/or his political association with his son,” the lawsuit alleges.

Pojoaque Pueblo’s leadership long supported Lujan, including in the 2010 Democratic primary race in which Lujan narrowly defeated Carl Trujillo. Trujillo won Lujan’s House seat last year when Lujan didn’t seek re-election and later died from cancer.

The suit filed Friday in state District Court says the tribal officers pulled over Trujillo, 70, of Pojoaque, under the authority of commissions granted by the Sheriff’s Office. Had they not had these commissions, the tribal officers would have no authority over Trujillo, a non-Indian, the suit states.

The suit alleges that the elder Trujillo was subjected to battery, false arrest and filing of false criminal charges by the tribal officers enforcing state law on U.S. 285, which goes through Pojoaque Pueblo land north of Santa Fe.

Sheriff Garcia, county attorney Stephen Ross and Pojoaque Gov. George Rivera had no comment on the pending litigation.

Other jurisdictions

Law enforcement commissions give tribal officers authority to enforce state criminal and traffic laws against anyone, including non-Indians, on state and county roads that cross pueblo territory, according to the suit.

State Police spokesman Tony Lynn said Chief Robert Shilling can issue commissions to tribal police provided the officer carries liability and public damage insurance, and has at least 400 hours of basic police training.

Counties vary in terms of whether they issue commissions. For example, Sandoval County Sheriff’s Office commissions tribal officers provided they are certified or get their certification within a year, Undersheriff Karl Wiese said. The Rio Arriba Sheriff’s Office issues the commissions, but only temporarily, such as for a specific manhunt, said spokesman Jake Arnold.

Luciano Trujillo’s lawsuit says he was arrested after a March 21, 2011, Democratic Party ward election meeting in El Rancho, at which the Trujillo group bested the Lujan contingent, the suit says.

Luciano Trujillo was followed by a Pojoaque officer as he drove a car registered to Carl Trujillo.

The suit says Luciano Trujillo eventually pulled into a parking lot with two officers following him. One officer said Trujillo was being stopped because he was driving too slowly, the suit alleges.

An argument ensued as Trujillo contended the officers had no right to stop and detain him on private property – a business parking lot – and because he had been driving lawfully, the suit states.
— This article appeared on page B01 of the Albuquerque Journal