The tip that never was: how a high-ranking commander mishandled a complaint into yearslong corruption

In June 2022 Acting Commander of Internal Affairs Mark Landavazo — a veteran officer who started in the DWI unit before rising to the upper echelons of the Albuquerque Police Department — received a civilian complaint from the FBI.

The allegations, if true, were damning, explosive and specific.

"Possible corruption involving an Albuquerque Police Department officer and Attorney's Office in Albuquerque," read the subject line of the complaint, which described a bribery and extortion scheme involving DWI officer Joshua Montaño, attorney Thomas Clear III and his right-hand man Rick Mendez.

All familiar faces to Landavazo. And the tip went nowhere.

Recently obtained APD records state that Landavazo “had seemingly not done anything” with the complaint, which gave an account from a 21-year old college student arrested by Montano. Investigators say the tip, at the very least, should have gone to the desk of APD Chief Harold Medina and into an IA file for open investigation. And, they say, Landavazo knew better.

But the corruption, which had gone on for nearly three decades, would continue another 18 months until January 2024, when the FBI raided Clear's office and the homes of Mendez and several officers, including Montaño.

Numerous policy violations uncovered during an internal APD probe into what happened with the FBI's tip led to Landavazo being disciplined for mishandling the complaint and eventually fired for violating confidentiality. He was also deemed to have been "untruthful" about his friendly relationship with Mendez, one that continued long after the FBI complaint came in.

Landavazo, who has not been criminally charged, declined comment for this story through his attorney Thomas Grover.

On Friday, Grover denied Landavazo deliberately quashed an investigation into the complaint, noting he didn't know the details or who was being accused and consulted with his supervisor back in 2022 before telling an FBI agent to take the referral to the city's Civilian Police Oversight Agency.

"They (APD officials) want a fallguy," Grover added.

In what has turned out to be one of the biggest public corruption cases in recent New Mexico history, federal authorities have secured guilty pleas from a former Bernalillo County Sheriff's deputy, several former APD officers, including Montaño, and Mendez and Clear. All have admitted they were part of the criminal conspiracy masterminded by Clear, who paid off numerous law enforcement officers to help him get DWI cases dismissed, federal authorities say.

In every plea agreement is a similar thread: some DWI unit officers involved in the scheme moved into supervisory roles and protected those still taking bribes. And, for a time, it proliferated almost the entire DWI unit.

Mendez admitted in his agreement that he, Clear and officers involved in the criminal enterprise asked "more senior APD members to use their positions and influence within the APD to try to ensure DWI officers were never investigated or disciplined in connection with their illegal activity."

Medina said the only evidence they have of superiors possibly hiding the scheme came out of the investigation into Landavazo.

“Landavazo, we feel, protected the scheme,” APD Chief Harold Medina told the Journal in a recent interview. "... We know there's a relationship to Mendez, and we have the complaint that died.”

He added, “It makes you wonder, did they always have somebody in IA? I don’t know that… that is still stuff we're trying to get through and to see who's involved. I'll be 100% honest, I don't think we've gotten everybody.”

Grover said his client followed procedure but has been "framed" by the department. Grover said Landavazo isn't contemplating a lawsuit "at this time" to contest his termination.

"The main thing Mark wants to do is clear his name," Grover said.

Four former DWI unit officers moved to Internal Affairs since 2015: Landavazo, Daren DeAguero, Zak Cottrell and Dominic Martinez. Only Landavazo and DeAguero have been tied to the decades long bribery scheme.

Cottrell was responsible for upgrading Landavazo to acting commander in early 2022 after Cottrell was promoted to major.

During the internal investigation, a group text from Landavazo's phone revealed a conversation in which he, Cottrell and Martinez expressed frustration with the lead investigator in the DWI corruption case — Cmdr. Kyle Hartsock — calling him "a pussy" and another investigator a "knuckle draggin monkey."

It is unclear why the FBI waited a few months to pass the 2022 tip along to APD and whether the federal agency did anything after the initial tip went nowhere. Albuquerque attorney Daymon Ely contacted the FBI on behalf of the tipster, and took a sworn affidavit from him.

The tipster said he received a phone call from an FBI agent seeking an interview more than a year later, in September 2023

In response to several Journal questions, an FBI spokesperson replied in an email, "It's common for the FBI to refer complaints to the appropriate tribal, state and local agencies. However, due to the ongoing nature of this investigation, at this time, we cannot comment on the factors that dictated the timeline."

Medina said he couldn't blame the agency for not doing more at the time.

"In retrospect, we could say that, somebody should’ve alerted the higher-ups, should’ve called me, but I can’t fault them,” he said. “They gave it to a commander for God’s sakes, that is a high rank. You would assume ‘hey, this person is passing it off.’ I don’t think anyone could have imagined how big this truly was.”

The probe

According to documents obtained by the Journal that relate to two separate Internal Affairs investigations:

A month after the FBI raids, on Feb. 12, an investigation was opened into Landavazo after the complaint resurfaced. He was placed on paid leave and IA investigators interviewed him about how the tip was handled.

Investigators had the FBI send the email chain between the agent and Landavazo, in which the agent reaches out with "a referral from a citizen," adding "however, given the nature of the referral want to confirm you are the correct individual to send it to." The complaint is not attached to the email.

Landavazo responded that he would be "more than happy to assist" but told the agent citizen complaints must go through the Citizens Police Oversight Agency, with the phone number and website. He added, "feel free to give me a call."

Investigators say Landavazo told them the agent did speak with him on the phone and, the email chain shows, the agent sent the complaint minutes later. But, when asked for the email chain, Landavazo turned over a printed copy that didn't include the final email with the complaint attached.

"It's clear that Landavazo chose to omit this email from his interview with IA as it was so clearly a possible police violation that the DWI officers were involved in, and a criminal matter, that any other employee would have known to initiate a case and notify the Chief of Police immediately," according to the case file.

Investigators say Landavazo told them he informed Cottrell of the complaint but Cottrell said he was never informed. Eric Garcia, superintendent of Police Reform, wrote "it cannot be determined in Commander Landavazo was untruthful ... This is a 'he said/he said' situation that cannot be verified to determine credibility for either party."

"While Commander Landavazo's actions do not rise to the level of untruthfulness, they do cast doubt on his intergity and honesty," Garcia concluded, imposing a 48-hour suspension for three policy violations related to mishandling the complaint.

The investigation uncovered messages and content on Landavazo's phone that spurred a second investigation, one that focused on his relationship with Mendez. Revelations that would ultimately get him fired.

'Gullible and naïve'

The second IA was opened in May, before the first had wrapped up.

Through interviews, text messages and investigation, it was found that Landavazo discussed a confidential IA case with Mendez in 2023, had not been forthcoming about the incident until confronted by investigators and further lied about his relationship to Mendez.

“Upon reading the text exchanges that Commander Landavazo had with Mr. Mendez, it is clear that they had more than just a professional relationship,” Garcia wrote in the IA filings.

Grover said his client never communicated confidential information to anyone and only knew Mendez from his days as a DWI officer attending pretrial hearings on cases.

According to the investigation, Landavazo met Mendez outside police headquarters on Feb. 27, 2023, months after receiving the FBI complaint. Mendez brought up an open IA case on Sgt. Brian Johnson and, while together, called Johnson “and told him the case had been settled.”

Johnson “expressed confusion, questioning why Mr. Mendez knew about his case and why he was calling him” before Landavazo got on the phone “and confirmed the case, saying, ‘Everything’s good,’” the investigation found.

An hour later, Mendez texted Landavazo saying thanks and “you made me sound like the hero” with a superhero emoji. Landavazo replied, “only cuz it was you.”

“Landavazo confirmed this conversation was regarding Cmdr. Landavazo, having made Mr. Mendez look good in front of Sgt. Johnson,” according to the investigation. Landavazo told investigators he had not seen Mendez in eight to 10 years prior to that.

Landavazo told investigators “it was inappropriate” to have discussed Johnson’s IA case with Mendez, according to the files. He “could not explain why he had done so, other than to say Mr. Mendez was the first to ever ask and that he was gullible and naïve.”

Investigators found Mendez's number saved as a contact in Johnson's phone under "Apd Rick Lawyer Tom" and a two-minute call from the exchange.

Additionally, investigators found Landavazo “did not truthfully answer all questions asked of him as he withheld information regarding his relationship with Mr. Mendez.” Landavazo told investigators he knew Mendez and Clear through going to Clear’s home office for pretrial interviews as a DWI officer “and that they had no relationship outside of that.”

In other messages with Mendez, the pair set up lunch dates, wish each other happy holidays and discuss their families.

Landavazo initially told investigators he had lunch with Mendez only once and did not mention a second occasion. Landavazo declined to provide a receipt from the second lunch with Mendez and wouldn't cooperate further.

“Landavazo also was aware of the seriousness of the criminal allegations against Mr. Mendez at the time of his first interview, and his lack of candor raises questions about his motivations and relationship with Mr. Mendez,” according to the files.

The messages between the two concluded with Mendez sending Landavazo a Happy New Year gif on Jan. 1 2024. Two weeks later FBI agents would raid his home and the homes of several officers Landavazo once worked with.