Former House majority leader files suit alleging APD needlessly damaged her home

Former state House majority leader Sheryl Williams Stapleton alleges in a new lawsuit that Albuquerque police used “unwarranted and excessive force” and damaged her home in 2022 when they served a warrant for a relative.

The lawsuit is unrelated to federal charges Stapleton faces for allegedly misusing federal funds intended for vocational programs at Albuquerque Public Schools.

The lawsuit stems from an all-day SWAT standoff at Stapleton’s home in Southeast Albuquerque on March 25, 2022, that led to the arrest of David Lee Hendrickson, then 43, on a warrant for aggravated assault. The charge was later dismissed.

The lawsuit alleges that two Albuquerque Police Department officers “did not take appropriate and reasonable actions to execute the warrant.” Stapleton told the officers that Hendrickson suffered from “serious medical conditions that might interfere with his ability to understand and comply with the officer’s orders,” it said.

Instead, officers “escalated the situation” by taking actions that included “shouting and brandishing weapons,” the suit contends. Police also released noxious gas in Stapleton’s home and caused thousands of dollars in damages to windows, door and furnishings, it said.

The 2nd Judicial District Court lawsuit, filed against the city of Albuquerque, seeks unspecified damages and alleges police failed to follow APD procedures in violation of Stapleton’s constitutional rights. The suit was filed March 25, three years to the day after the SWAT action.

Staci Drangmeister, a spokeswoman for Mayor Tim Keller’s administration, had no comment last week about the suit. She said the city attorney’s office will respond to the suit in court. Stapleton’s attorney, Frank T. Davis, did not immediately respond to requests for comment.

Court records show that Hendrickson, now 46, was indicted on a charge of aggravated assault for allegedly pointing a firearm at motorists at an intersection in Southeast Albuquerque on Jan. 20, 2022.

Prosecutors dropped the charge in May 2022 after police found that Hendrickson had been carrying a toy gun that was not considered a deadly weapon under state law, court records show.

The suit identifies Hendrickson as Stapleton’s son, who was living with her under pretrial supervision at the time. Court records identify Stapleton as Hendrickson’s aunt and “mother figure.”

Stapleton was not suspected of any wrongdoing in the incident, police said.

The suit contends that the night before the SWAT action, Stapleton told Hendrickson’s pretrial officer that Hendrickson would appear the following day to check in.

According to an affidavit filed in 2nd Judicial District Court, Stapleton had been notified that Hendrickson’s GPS tracker had run out of batteries and that he had not been in contact with pretrial officials. Stapleton told authorities that some of the charging equipment for Hendrickson’s GPS tracker had been left at a hotel where he had lived previously.

APD spokesman Gilbert Gallegos said at the time that the SWAT action began after Stapleton called the Albuquerque Community Safety department, but police responded after it was determined that Hendrickson had a felony warrant.

Stapleton was able to exit the home safely, but Hendrickson remained inside for 12 hours, Gallegos said. The New Mexico State Police SWAT team assisted APD with the call.

A federal grand jury indicted Stapleton, 67, and a co-defendant, Joseph Johnson, 73, in March 2024 on 29 charges, including conspiracy to defraud the United States and multiple counts of bribery and money laundering. Both have pleaded not guilty to the charges.

Their trial is scheduled to begin Sept. 30 in U.S. District Court in Albuquerque.