Feds accuse Albuquerque police, State Police and Bernalillo County deputies in DWI racketeering case

For the past 15 years, at least two lawyers and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for letting drunken drivers off the hook, according to newly filed federal criminal records.

The disclosures, in one of the largest corruption cases to hit New Mexico, came Friday as a central figure in what federal prosecutors have dubbed the “DWI Enterprise” admitted his role in the scheme.

Ricardo “Rick” Mendez, 53, who has been the private investigator for attorney Thomas Clear III, pleaded guilty Friday to racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and conspiracy.

Mendez’s attorney could not be reached. He was released on his own recognizance and his sentencing is set for April 29.

Federal prosecutors stated in the plea agreement that Mendez “has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for the Defendant’s criminal conduct.” As long as he continues to accept responsibility, they said he is entitled to a reduced sentence.

Clear, reached by phone Friday, said he wasn’t aware of the criminal filing, and had no comment when asked about his alleged involvement. Asked if the Journal could speak with his attorney, Clear responded, “no comment.”

A spokeswoman for U.S. Attorney of New Mexico Alexander Uballez told the Journal, "The investigation remains active and ongoing. At this time, we are not in a position to comment on potential future legal proceedings or individuals who may be involved."

Court records filed Friday say the “DWI Enterprise” dates to 2008 and described its operation like that of a gang — with involved law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at Internal Affairs.

On Friday, APD announced they put two more officers on paid leave, Lt. Matthew Chavez and Lt. Kyle Curtis. APD spokesman Gilbert Gallegos said both worked in the DWI Unit and Chavez joined in 2008 while Curtis joined in 2000.

In a statement Friday, APD Chief Harold Medina said “As I’ve said many times over the past year, we will leave no stone unturned when it comes to exposing this conspiracy.”

“It is disappointing on so many levels because it appears police officers from several agencies conspired with at least two lawyers and a paralegal to manipulate the criminal justice system, at the expense of victims of DWI,” he said.

New Mexico State Police said they were not aware of any such activity among its ranks.

“At this time, we do not have information to believe any of our officers were involved in this criminal conduct,” Officer Ray Wilson, a State Police spokesman, said. “The New Mexico State Police has been and will continue to cooperate with investigators.”

Bernalillo County Sheriff John Allen said he placed deputy Jeff Hammerel on paid administrative leave due to his ties to the case. Allen said, in a statement, “Corruption has no place in law enforcement, and BCSO will fully cooperate with its federal partners.”

“In keeping with our commitment to transparency, Sheriff Allen will review all relevant documents and provide a detailed update to the public as soon as possible,” a BCSO spokeswoman said.

The filings in U.S. District Court in Albuquerque were the first to mention Bernalillo County Sheriff’s Office deputies or State Police officers being involved in the corruption case, which came to light in January 2024 after FBI agents raided Clear’s office and the homes of several current and former APD DWI officers.

In the wake of the raids, APD kicked off its own internal probe and placed officers Harvey Johnson, Honorio Alba Jr., Joshua Montaño, Nelson Ortiz, Daren DeAguero, Neill Elsman and Lt. Justin Hunt on leave. All seven resigned before they were supposed to be interviewed as part of the Internal Affairs investigation.

Additionally, APD Cmdr. Mark Landavazo was placed on leave, and eventually terminated, for violating department policies uncovered during a separate investigation that came out of APD’s internal probe into the case.

In the fallout of the investigation and because the officers’ credibility potentially could be questioned, 2nd Judicial District Attorney Sam Bregman’s office dismissed more than 200 DWI cases that had been filed and were pending at the time of the FBI searches.

None of the APD officers or any other law enforcement officers have been charged in the case, according to online federal court records. Clear, who is named in the court filings as “co-conspirator 1,” also had not been charged as of Friday afternoon.

Court records show Clear has not taken on a criminal case since the day FBI agents raided his office. He also resigned as longtime chairman of the state Public Defender Commission, which governs the state Law Office of the Public Defender.

In his plea agreement, Mendez said another criminal defense attorney participated in the scheme, identified only as “co-conspirator 3,” and inferred that other attorneys may have been involved.

The scheme

Prosecutors say “as part of the racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

On the attorney side, prosecutors say there was Clear — who “specialized in DWI defense” — and his private investigator Mendez who “handled the day-to-day coordination of the scheme.” On the law enforcement side, the members changed over time as they came and went from the APD DWI Unit.

In his plea agreement, Mendez said the scheme began in 2008, a year after he was hired by Clear.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him, Mendez said. He would contact the person and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.”

If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors say Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits: free legal services, gift cards, hotel rooms and other gifts, according to the plea. Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly, according to the plea.

If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.”

Sometimes, the officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed, according to the plea.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved, as they made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.

APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and, according to prosecutors, those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs.

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time,” prosecutors say.

Prosecutors say Mendez and Clear also asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The scheme also adapted to changes in the judicial system, such as when DWI case pretrial interviews — which officers would skip to get cases dismissed — were done away with in 2022. After the change, prosecutors say the officers started missing motion hearings or trial settings instead.

Prosecutors say law enforcement involved would use coded language in emails and phone communications with each other as they coordinated the scheme.

In his plea agreement, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

In at least one instance, Mendez said Clear and another attorney, identified as “co-conspirator 3,” asked him to pay DWI officer Honorio Alba Jr. to not show up in the unnamed attorney’s case.

The client in that DWI case, Zachary Williams, told the Journal he hired attorney Rudolph Chavez after shopping around for legal defense on Google. He said, after his case was dismissed, the FBI questioned him at length on the matter, but he had nothing to tell them.

“Rudy Chavez did nothing to make me question his integrity. He never told me anything that didn’t sit well with me,” Williams said Friday. Chavez could not be reached for comment.

He said he was on his way to court, all suited up, when Chavez called to tell him “there’s no need to go. Your case was thrown out.”

“And I was like, ‘What?’ I couldn’t believe it... You know what I mean, I don’t really have good luck. I feel maybe it was every dog has his day,” Williams said. “He never did anything other than what he said he would do, which was, you know, do his best.”