New Mexico Compass

Compass Files IPRA for APD Recordings

April 1, 2014

Reynaldo Chavez, public records custodian

Albuquerque Police Department

400 Roma Ave. NW #1

Albuquerque, NM, 87102

Dear Mr. Reynaldo Chavez,

Pursuant to the state open records law, N.M. Stat. Secs. 14-2-1 to 14-2-12 , I write to request access to and a copy of any helmet camera, lapel camera, belt-tape or other audio or visual recordings from the:

• Jan. 9, 2010 APD shooting of Aaron Renfro

• Jan. 13, 2010 shooting of Kenneth Ellis III

• March 29, 2010 shooting of Mickey Owings

• June 10, 2010 shooting of Chris Hinz

• June 14, 2010 shooting of Julian Calbert

• July 27, 2010 shooting of Len Fuentes

• August 17, 2010 shooting of Enrique Carrasco

• October 19, 2010 shooting of Daniel Gonzales

• October 31, 2010 shooting of Alexei Sinkevitch

• February 9, 2011 shooting of Jacob Mitschelen

• April 12, 2011 shooting of Christopher Torres

• May 10, 2011 shooting of Alan Gomez

• June 4, 2011 shooting of Raymond Garcia

• August 30, 2011 shooting of Michael Marquez

• January 4, 2012 shooting of Mark Macoldowna

• March 19, 2012 shooting of Daniel Tillison

• March 21, 2012 shooting of Gary Atencio

• March 5, 2013 shooting of Parrish Dennison

• March 19, 2013 shooting of Kendall Carroll

• July 5, 2013 shooting of Vincent Wood

• October 26, 2013 shooting of Christopher Chase

• December 8, 2013 shooting of Andy Snider

• March 16, 2014 shooting of James Boyd

• March 25, 2014 shooting of Alfred Redwine

If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I agree to pay any reasonable copying and postage fees. Please notify me if the cost would be greater than $100. Please provide a receipt indicating the charges for each recording.

As provided by the open records law, I will expect your response within three (3) business days. See N.M. Stat. Sec. 14-2-8(D).

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that violation of the open records law can result in the award of damages of up to $100 per day, court costs and reasonable attorney fees. See N.M. Stat. Secs. 14-2-11(C) and 14-2-12(D).

Thank you for your assistance.

Sincerely,

Marisa Demarco

Editor in Chief / New Mexico Compass

UPDATE: Friday, April 4, 2014: Mr. Reynaldo Chavez replied yesterday—

Ms. Demarco,

This email will acknowledge receipt of your public records request dated April 01, 2014.  Please be advised we are reviewing your request to determine what public records are responsive and whether any exceptions to their production apply.  We will continue our review and contact you prior to the expiration of fifteen (15) days from the receipt of your request.  Please do not hesitate to contact me if you have any questions or comments.

Kind regards,

Reynaldo L. Chavez

APD Records Custodian/IPRA Manager

UPDATE: Wednesday, April 16, 2014—

Ms. Demarco,

This email will acknowledge our request for an extension in time (additional 15 days) to complete your IPRA Request dated April 1st, 2014.  The revised date of completions on or before May 1st, 2014

I have taken the liberty of copying the City Clerk who oversees, administers, and monitors IPRA compliance 

I apologize for any inconvenience this may pose. 

Kind regards,

Office of the APD Records Custodian

Reynaldo Chavez

UPDATE: Thursday, May 1, 2014: The records are ready—

Ms. Demarco,

This email will acknowledge completion of your public records request dated April 1, 2014.

• Audio

• Video

Please make payment by cash ($1160.00) or billed to your account.

Payment may also be made by company check made payable to City of Albuquerque.

Please do not hesitate to contact me if you have any questions or comments.

Kind regards,

Office of the APD Records Custodian

Reynaldo Chavez

************

Hi Mr. Chavez, 

How long do I have to pick them up?
Marisa

Mr. Chavez, 

Would APD consider waiving the fee as these records serve the public interest?
Thanks,
Marisa

UPDATE: May 2, 2014—

Ms. Demarco,

We do not waive fees.

Please advise if you wish to acquire these records.

In addition, any further requests will require a deposit as allowed under IPRA statutes. 

Kind regards,

Office of the APD Records Custodian

Reynaldo Chavez

******

Yes. We will come obtain the records.

If we come with a thumb drive and work to download the content ourselves, would we still owe the fee?
Marisa
******

Ma’am,

We have no way to convert these records and outside peripheral computer components are not allowed due to infrastructure security.

Kind regards,

Office of the APD Records Custodian

Reynaldo Chavez

*******
OK. We will come for the records on Monday.
Marisa

UPDATE: Monday, May 5

Looks like we are coming tomorrow at noon.
Thank you,
Marisa
******
Mr. Chavez,
What are the charges for with regard to this IPRA request? The cost of the materials? Personnel costs? Why are CDs and DVDs $20 each? 
 
(I’ve attached a copy of the invoice.)
 
Thanks,
Marisa Demarco
*****

David,

Please send the requestor the invoice again.

Please copy the Asst. City Atty.

Kind regards,

Reynaldo L. Chavez

APD Records Custodian/IPRA Manager

*****

I have the invoice. I sent it to you with my initial question on this thread. I understand how you’ve broken the price down. I don’t understand why you broke it down that way.

I’m asking:

What are the charges for with regard to this IPRA request? The cost of the materials? Personnel costs? Why are CDs and DVDs $20 each? 

Marisa

*****

Dear Mr. Reynaldo Chavez,

Pursuant to the state open records law, N.M. Stat. Secs. 14-2-1 to 14-2-12, I write to request access to and a copy of any helmet camera, lapel camera, belt-tape or other audio or visual recordings from the:

  • April 21, 2014 shooting of Mary Hawkes
  • Saturday, May 3 shooting of Armand Martin

I agree to pay any reasonable copying and postage fees. Please notify me if the cost would be greater than $100. Please provide a receipt indicating the charges for each recording.

As provided by the open records law, I will expect your response within three (3) business days. See N.M. Stat. Sec. 14-2-8(D).

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that violation of the open records law can result in the award of damages of up to $100 per day, court costs and reasonable attorney fees. See N.M. Stat. Secs. 14-2-11(C) and 14-2-12(D).

Thank you for your assistance.

Sincerely,

Margaret Wright

Managing Editor / New Mexico Compass

*****

Dear Mr. Reynaldo Chavez,

Pursuant to the state open records law, N.M. Stat. Secs. 14-2-1 to 14-2-12, I write to request access to and a copy of:

• All correspondence relating to Marisa Demarco’s April 1 IPRA request for recordings of APD shootings since 2010.

I agree to pay any reasonable copying and postage fees. Please notify me if the cost would be greater than $100. Please provide a receipt indicating the charges for each document. We would prefer to receive the documents electronically via the email address listed below.

As provided by the open records law, I will expect your response within three (3) business days. See N.M. Stat. Sec. 14-2-8(D).

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that violation of the open records law can result in the award of damages of up to $100 per day, court costs and reasonable attorney fees. See N.M. Stat. Secs. 14-2-11(C) and 14-2-12(D).

Thank you for your assistance.

Sincerely,

Margaret Wright

*****

Dear Mr. Reynaldo Chavez,

Pursuant to the state open records law, N.M. Stat. Secs. 14-2-1 to 14-2-12, I write to request access to and a copy of:

• All other IPRA requests since April 1 regarding APD

If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.

I agree to pay any reasonable copying and postage fees. Please notify me if the cost would be greater than $100. Please provide a receipt indicating the charges for each document. We would prefer to receive the documents electronically via the email address listed below.

As provided by the open records law, I will expect your response within three (3) business days. See N.M. Stat. Sec. 14-2-8(D).

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain access to the requested records. I would note that violation of the open records law can result in the award of damages of up to $100 per day, court costs and reasonable attorney fees. See N.M. Stat. Secs. 14-2-11(C) and 14-2-12(D).

Thank you for your assistance.

Sincerely,

Margaret Wright

Managing Editor / New Mexico Compass

7 thoughts on “Compass Files IPRA for APD Recordings

  1. Is anyone cooler than Marisa Demarco? This is the most brilliant thing I’ve ever seen. I don’t know how I would be following this story without her and the Compass.

  2. Hey all. Marisa here. I did this pretty quickly this morning, but as I look back this evening, I want to follow up with a couple of things. First of all, any person has the right to file a FOIA or IPRA request. There is a great letter generator here:

    http://www.splc.org/legalassistance/foiletter.asp.

    I used it to generate this letter. Nationally, folks use the Freedom of Information Act for requests like these. Locally, we have the Inspection of Public Records Act, which is a little bit tougher than the FOIA. Here’s some info about the IPRA:

    http://www.cdhh.state.nm.us/IPRA.aspx

    This is useful information for other journalists—and for everyone else.

  3. Marissa, thank you for being proactive. Here’s something that may be of interest, for those of you who are not aware of this:

    According to (Latino) Fox News, of all things, “On Friday [28 March 2014], the FBI confirmed it had opened a criminal investigation into the Boyd shooting [the Sandia foothills homeless camper who was shot to death by APD]. And the U.S. Justice Department has been investigating the Police Department for more than a year, looking into complaints of civil rights violations and allegations of excessive use of force.”

    Source: http://latino.foxnews.com/latino/news/2014/03/31/nm-gov-susana-martinez-calls-for-calm-following-violent-confrontations-in/

    What’s really telling is that this is finally on the national agenda, in some sense, while APD gestapo and trigger-happy modi operandi have been a problem at least since I’ve moved here in 1995. The APD’s particularly lethal bent is, I believe, merely the most visible and compelling symptom of the larger problem. Other symptoms include a very arrest-happy stance––which I suspect stems from policies tying career advancement to number of arrests (but I’m not sure). And it’s not just APD itself; I and another person I know have been falsely arrested at the mountains by aggressive police on separate occasions over fabricated circumstances. Some of these officers were on the federal payroll. And, let’s not forget, one of you at NM Compass has been arrested by APD completely without merit a while back. So the aggressiveness and extralegal tendencies of law enforcement in Albuquerque has touched many of us, and it needs to stop right now.

  4. power to the people! still curious about apd commander tim gonterman, who tasered the late jerome hall’s ear off and lost the suit hall brought against apd for brutality. six days later, hall was found fatally shot…..and gonterman rises still, telling last week’s peace and justice envoys to the apd offices “I don’t like your tone.” please.

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