Sheriff Rene Rivera of Valencia County Joined Sheriff Joe Mascarenas and Myself on the steps of the Courthouse steps in Albuquerque to let the public know some startling information from the Administrative Office of the Courts in new Mexico. Susana Martinez candidate for Governor on the GOP ticket has been touting her tough on crime stump speech for some time now. Information released by the Administrative Office of the Courts shows that even though she pledged not to plea bargain DWI Cases in both 2000 and 2004, her office has arranged plea bargains on over 1000 cases since 2004. A great article on the matter can be found here along with the statistics which can be found here.
Here is a You Tube Video of the press conference.
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Showing posts with label D.W.I.. Show all posts
Showing posts with label D.W.I.. Show all posts
Tuesday, May 18, 2010
Monday, September 21, 2009
First Day of Carlos Fierro Trial
This morning I sat in on opening arguments in the Carlos Fierro Trial. I am always careful about my comments in on going cases. The Sheriffs office did not take part in this case and I will limit my comments to just what I observed and what it is like to take part in a trial like this.
The jury consisted of 8 women and 8 men accounting for alternates. They all seemed attentive and I saw at least 3 of them taking notes. Trial was due to start at 8:30 am however Attorney's and the Judge stayed in chambers until 10:40 am. When the trial began the Judge, Michael Vigil gave jury instructions. The primary instructions were to keep an open mind until the trial ends. No reading, listening or watching news on the Internet in regards to the trial. Jurors are not allowed to discuss the trial with anyone including other jurors until the trial ends and jurors are sent to deliberate.
Then Attorneys gave their opening statements. Prosecutor Juan Valencia gave the opening statement while District Attorney Angela Spence Pacheco sat at the prosecution table and watched. The Defense was expected to claim that the victim was wearing dark clothing, some street lights were out, and that an argument occurred in the bar causing Carlos Fierro to believe he had been somehow attacked and that something was thrown at his car and that caused him to flee when he stuck Fierro. Prosecutor Juan Valencia addressed each of the defense arguments during the opening statement. He went through the events of the evening and stated "if Carlos Fierro had been sober this accident would have never occurred" as he pointed at Carlos. He often described the victim William Tenorio as a "Big Gentle Bear of a man". Repeating this description several times.
Mr. Valencia stated Carlos Fierro was with then State Police Sergeant Alfred Lovato drinking at the Rio Chama then at WilLee's bar where the accident occurred. The two left the bar and went to an Allsups convenience store where they realized they had left Carlo's credit card at the bar. They were driving back to WilLee's bar when they struck a curb blew out a tire and then continued accelerating through a red light, almost struck a person, then continued accelerating up in front of the bar where they struck Mr. Tenorio. Carlos did not stop and continued driving away as he struck another median or curb and blew out another tire. He was stopped blocks away by a city police officer. He failed field sobriety tests and took a blood alcohol test. According to Mr. Valencia the blood test was .21 over two times the legal limit.
Juan Valencia was clear and concise as he spoke to the jury. He had his opening memorized and barely glanced at notes. I thought Spence would give the opening and I had seen her in trials past and expected she would do well however, Juan whom I have never met did an excellent job. The jurors watched every word leave his mouth with interest. He never really raised his voice and kept it at an even matter of fact tone which I think worked well with the jury.
Defense Attorney Jason Bowles was up next. He opened with a few paragraphs about how "two families lives were intertwined forever" He described the pain both families (Tenorio's and Fierro's) are feeling. He described Carlos as a family man who works hard. Bowles stated that "this was a horrible tragic accident but not a crime." He said Carlos would take the stand and admit he was drunk driving. He went on to say that the issue in this case is the Vehicular Homicide and Leaving the Scene Charges. He gave numerous reasons why as he stated "a sober person driving down that road at that time would have also struck William Tenorio." He brought up street lights that were out, and the fact that Mr. Tenorio wore dark clothing, he claimed that Mr. Tenorio was jay walking and brought up state laws on jaywalking and pedestrian right of way laws. He claimed that since all the witnesses heard Mr. Fierro's vehicle strike the curb and blow out a tire prior to coming down the street and striking Mr. Tenorio, then Mr. Tenorio should have heard it also. Attorney Bowles stated Mr. Tenorio did not hear the car because he was walking backwards into the street paying attention to his phone and people he was leaving outside the bar and not paying attention to what was happening in the street. He also mentioned that this was one of the darkest nights of the year.
Bowles also claimed that Mr. Fierro fled because he heard a loud crash and saw glass flying in his car. He claimed that Fierro thought someone had thown something at the car and he was in panic and flight mode fleeing a perceived threat. Bowles said he would present testimony from an independent traffic expert which would show that Tenorio was not in the cross walk. He questioned the city police officers traffic expert since he worked for the police department and was not independent. He went on to allege that the police department never considered this just a tragic accident and treated it as a crime from the beginning.
Defense attorney Jason Bowles kept his tone matter of fact like and I thought did a fair job of presenting a defense that at its base tries to convince the jury that William Tenorio was at least at much at fault as Mr. Fierro with out outright saying it. This type of defense must be handled with kid gloves. You do not want the jury to be disgusted with blaming the victim. Especially when you are admitting that your client was drinking and driving and even struck a curb and blew out a tire, and then drove with that blown out tire before striking Mr. Tenorio.
Before lunch art teacher Oceanna Holton testified and described the accident just as prosecution described it. She stated in her testimony that Mr. Tenorio did use the crosswalk when he was hit. She stated that the headlights on Mr. Fierros car were off at the time he struck Mr. Tenorio. I had to leave and did not see the rest of her testimony and cross examination in the afternoon.
I cannot attend all the trial and even missed all the afternoon witnesses however I do want to try and attend when Carlos Fierro testifies. It was a full house and people were denied entry after the 30 seats in the courthouse were filled. Family members from both Fierro and Tenorio filled the courtroom. There is a lot in this case for the jury to consider and it only takes one juror to have a doubt. There will be different stories and testimony which will require the jurors to sort though it all and decide, was the accident caused by Carlos Fierro drinking and driving or was it caused by Mr. Tenorio, his dark clothes, and low lighting.
The jury consisted of 8 women and 8 men accounting for alternates. They all seemed attentive and I saw at least 3 of them taking notes. Trial was due to start at 8:30 am however Attorney's and the Judge stayed in chambers until 10:40 am. When the trial began the Judge, Michael Vigil gave jury instructions. The primary instructions were to keep an open mind until the trial ends. No reading, listening or watching news on the Internet in regards to the trial. Jurors are not allowed to discuss the trial with anyone including other jurors until the trial ends and jurors are sent to deliberate.
Then Attorneys gave their opening statements. Prosecutor Juan Valencia gave the opening statement while District Attorney Angela Spence Pacheco sat at the prosecution table and watched. The Defense was expected to claim that the victim was wearing dark clothing, some street lights were out, and that an argument occurred in the bar causing Carlos Fierro to believe he had been somehow attacked and that something was thrown at his car and that caused him to flee when he stuck Fierro. Prosecutor Juan Valencia addressed each of the defense arguments during the opening statement. He went through the events of the evening and stated "if Carlos Fierro had been sober this accident would have never occurred" as he pointed at Carlos. He often described the victim William Tenorio as a "Big Gentle Bear of a man". Repeating this description several times.
Mr. Valencia stated Carlos Fierro was with then State Police Sergeant Alfred Lovato drinking at the Rio Chama then at WilLee's bar where the accident occurred. The two left the bar and went to an Allsups convenience store where they realized they had left Carlo's credit card at the bar. They were driving back to WilLee's bar when they struck a curb blew out a tire and then continued accelerating through a red light, almost struck a person, then continued accelerating up in front of the bar where they struck Mr. Tenorio. Carlos did not stop and continued driving away as he struck another median or curb and blew out another tire. He was stopped blocks away by a city police officer. He failed field sobriety tests and took a blood alcohol test. According to Mr. Valencia the blood test was .21 over two times the legal limit.
Juan Valencia was clear and concise as he spoke to the jury. He had his opening memorized and barely glanced at notes. I thought Spence would give the opening and I had seen her in trials past and expected she would do well however, Juan whom I have never met did an excellent job. The jurors watched every word leave his mouth with interest. He never really raised his voice and kept it at an even matter of fact tone which I think worked well with the jury.
Defense Attorney Jason Bowles was up next. He opened with a few paragraphs about how "two families lives were intertwined forever" He described the pain both families (Tenorio's and Fierro's) are feeling. He described Carlos as a family man who works hard. Bowles stated that "this was a horrible tragic accident but not a crime." He said Carlos would take the stand and admit he was drunk driving. He went on to say that the issue in this case is the Vehicular Homicide and Leaving the Scene Charges. He gave numerous reasons why as he stated "a sober person driving down that road at that time would have also struck William Tenorio." He brought up street lights that were out, and the fact that Mr. Tenorio wore dark clothing, he claimed that Mr. Tenorio was jay walking and brought up state laws on jaywalking and pedestrian right of way laws. He claimed that since all the witnesses heard Mr. Fierro's vehicle strike the curb and blow out a tire prior to coming down the street and striking Mr. Tenorio, then Mr. Tenorio should have heard it also. Attorney Bowles stated Mr. Tenorio did not hear the car because he was walking backwards into the street paying attention to his phone and people he was leaving outside the bar and not paying attention to what was happening in the street. He also mentioned that this was one of the darkest nights of the year.
Bowles also claimed that Mr. Fierro fled because he heard a loud crash and saw glass flying in his car. He claimed that Fierro thought someone had thown something at the car and he was in panic and flight mode fleeing a perceived threat. Bowles said he would present testimony from an independent traffic expert which would show that Tenorio was not in the cross walk. He questioned the city police officers traffic expert since he worked for the police department and was not independent. He went on to allege that the police department never considered this just a tragic accident and treated it as a crime from the beginning.
Defense attorney Jason Bowles kept his tone matter of fact like and I thought did a fair job of presenting a defense that at its base tries to convince the jury that William Tenorio was at least at much at fault as Mr. Fierro with out outright saying it. This type of defense must be handled with kid gloves. You do not want the jury to be disgusted with blaming the victim. Especially when you are admitting that your client was drinking and driving and even struck a curb and blew out a tire, and then drove with that blown out tire before striking Mr. Tenorio.
Before lunch art teacher Oceanna Holton testified and described the accident just as prosecution described it. She stated in her testimony that Mr. Tenorio did use the crosswalk when he was hit. She stated that the headlights on Mr. Fierros car were off at the time he struck Mr. Tenorio. I had to leave and did not see the rest of her testimony and cross examination in the afternoon.
I cannot attend all the trial and even missed all the afternoon witnesses however I do want to try and attend when Carlos Fierro testifies. It was a full house and people were denied entry after the 30 seats in the courthouse were filled. Family members from both Fierro and Tenorio filled the courtroom. There is a lot in this case for the jury to consider and it only takes one juror to have a doubt. There will be different stories and testimony which will require the jurors to sort though it all and decide, was the accident caused by Carlos Fierro drinking and driving or was it caused by Mr. Tenorio, his dark clothes, and low lighting.
Monday, June 29, 2009
D.W.I. , Why are our children dying? What can we do?
This has been a tragic weekend for the Sheriffs Office and our community at large. Worse it has been tragic for 6 families. I can not discuss the details of the case on a personal blog. However, I do want to discuss the lessons we can learn from this. I have attended two of the three memorials for the deceased teens and witnessed hundreds of teens in pain. Unfortunately my daughter is one of them. I haven't met a single person in Santa Fe yet who does not know one of the kids or the young 28 year old driver who has been arrested or an immediate family member personally. I have had a chance to talk to over half of the parents involved and all including the mother of the young man who was arrested are feeling the greatest pain imaginable. My wife and I pray for all those touched by this horrible tragedy and hope they will all find peace.
New Mexico has been battling D.W.I. for a long, long time now. As a state we have made huge strides. In 2008, there were 143 alcohol-involved fatalities in New Mexico, down 34 from 2007 and a huge drop from 221 in 2002. Since 2003, New Mexico has seen a 35 percent decline in drunken-driving related deaths and has implemented some of the toughest laws and most innovative programs in the country to stop drunken driving in New Mexico.
So why are our children still dying? What more can we do? As I looked at the teenagers mourning at the memorials one thing came to mind. How many of these kids will drink and drive? Statistics say over half will drink and drive at some time. Most people who drink and drive and get arrested say when taking surveys during mandatory treatment that they have driven while intoxicated up to 100 times before getting caught. Driving home after drinking is ingrained in the culture of New Mexicans. Not drinking and driving is something we will have to teach a whole new generation of New Mexicans so that it is considered a true moral and subconscious "you do not do this, type thing". Now we all have that little subconscious thing in the back of our head that says "you do not kill someone". Unfortunately for many that does not kick in where drinking and driving is concerned.
So here are a few hundred teens who have witnessed first hand and directly in their own lives just what the consequences are for drinking and driving. How many now will go out and fulfill the prophecy of the statistics that say over half of them will drink and drive? Will they go out and teach their children about the friends they lost on June 28, 2009 ? I hope so, I hope the memory of the four teens who lost their lives and the young man arrested for their deaths, will live on in the minds of these hundreds of teens mourning today. Not as a haunting memory of death, but as a reminder of life. What a life is worth and what is lost when you choose to drink and drive. I have sat down with my children and discussed just what I wanted them to get out of this tragedy. My family is not without sin and has been touched repeatedly over the years by drinking and driving. However, I still have hope, hope for my family and for yours. Talk to your kids about this tragedy and what can come out of it. Tell them that the way to honor the lives of these teens is by pledging to never, ever, ever, drink and drive.
My families prayers go out to all those touched by this tragedy.
Sheriff Greg Solano
New Mexico has been battling D.W.I. for a long, long time now. As a state we have made huge strides. In 2008, there were 143 alcohol-involved fatalities in New Mexico, down 34 from 2007 and a huge drop from 221 in 2002. Since 2003, New Mexico has seen a 35 percent decline in drunken-driving related deaths and has implemented some of the toughest laws and most innovative programs in the country to stop drunken driving in New Mexico.
So why are our children still dying? What more can we do? As I looked at the teenagers mourning at the memorials one thing came to mind. How many of these kids will drink and drive? Statistics say over half will drink and drive at some time. Most people who drink and drive and get arrested say when taking surveys during mandatory treatment that they have driven while intoxicated up to 100 times before getting caught. Driving home after drinking is ingrained in the culture of New Mexicans. Not drinking and driving is something we will have to teach a whole new generation of New Mexicans so that it is considered a true moral and subconscious "you do not do this, type thing". Now we all have that little subconscious thing in the back of our head that says "you do not kill someone". Unfortunately for many that does not kick in where drinking and driving is concerned.
So here are a few hundred teens who have witnessed first hand and directly in their own lives just what the consequences are for drinking and driving. How many now will go out and fulfill the prophecy of the statistics that say over half of them will drink and drive? Will they go out and teach their children about the friends they lost on June 28, 2009 ? I hope so, I hope the memory of the four teens who lost their lives and the young man arrested for their deaths, will live on in the minds of these hundreds of teens mourning today. Not as a haunting memory of death, but as a reminder of life. What a life is worth and what is lost when you choose to drink and drive. I have sat down with my children and discussed just what I wanted them to get out of this tragedy. My family is not without sin and has been touched repeatedly over the years by drinking and driving. However, I still have hope, hope for my family and for yours. Talk to your kids about this tragedy and what can come out of it. Tell them that the way to honor the lives of these teens is by pledging to never, ever, ever, drink and drive.
My families prayers go out to all those touched by this tragedy.
Sheriff Greg Solano
Monday, July 14, 2008
A Dad First.
I was going to talk today about the decrease in officer deaths across the nation in this last year. I guess I will leave that for another day. It seems like the whole world knows my son was arrested for his second DWI. If I was not Sheriff it would not be a big news story. At least not one that would make all three TV stations and two days of coverage in one local paper and coverage in the other local paper. My official comment "I'm disappointed in my sons recent arrest" really does not tell the inner turmoil and pain my wife and I feel. I have seen alcoholism since I was a young child. I have seen the worst of what DWI does to peoples lives as a cop since 1988. I have seen the domestic violence, I have seen people die with cirrhosis of the liver as young as 40 and I have lifted their bodies soaked with blood filled vomit into body bags. Worst of all I have been to crash after crash with DWI drivers and innocent victims dying on our streets and highways.
Imagine fighting DWI all these years and seeing your own son arrested for his second DWI. Imagine your son is in the hospital after a suspected DWI related accident, all you know is he has a head injury and at first you are told it should be minor and then you learn he may be admitted to the hospital because doctors are unsure. Because I am Sheriff I tell my wife we can't go to the hospital. My appearance there could be taken as an influence against the officers there to arrest my son. We have to avoid any appearance of influencing the outcome of the arrest. Therefor we don't call anyone for information, we wait. I did not call the state police for information because I did not want anyone saying I called them in an attempt to influence the handling of the case. Any other parent could call the police to find out what was happening with their son, I could not. The hospital had only one nurse on duty for the whole emergency room so when I called just to find out if he was ok it was fruitless.
While I am waiting I can't help but think about what got us to this point. My children have always had extra pressure because of my career. When my son was in high school I was a Juvenile Detective assigned to the Gang Unit. I had to do a lot of work at the high schools during this time when Juvenile Gang activity was at an all time high. My son got a lot of hell from other kids about his "Narc Dad". I always told my kids about how bad it would be if my kids were in trouble. My son struggled through High School but graduated anyway. He could not wait to get out of the house when he turned 18. Was I too hard on him or was he tired of living under my shadow? My whole family has to face life in the public eye. Both my kids had to hear lies, rumors, and some downright awful things said about me over the years. When our family had good times or bad times it was always under the public eye. Even before I was sheriff, when I was a union president my kids would read about and hear about controversy's at my job in the papers and from other kids whose parents were cops who disagreed with decisions I made in the union.
I knew what I was signing up for when I took or ran for each position. My family was just along for the ride. They wanted to support me but did they really know what they were getting into? Early in the morning after my sons accident I called the hospital again to see if he had been released, no the nurse said, a doctor had not been found to see him. Apparently the hospital was short on doctors as well as nurses this morning. The nurse also said the cops had left. The cops had left? This usually means the suspect, my son, was worse than I thought. Many times in a misdemeanor arrest, if the person is going to be in the hospital for a while they leave them there and summons them into court on a later date. Officers can not be tied up waiting in a hospital for a person to be released. Only in felony arrests do officers stay with the patient until they are released. This is standard practice but I knew that if this was the case with my son that it could become a problem. Some people would not believe this was standard practice. Here I was thinking about the politics of the situation.
As my wife and I drove to the hospital praying that he was going to be ok I decided I needed to be a dad first. Stop thinking about my career and think about my son. He has been in counseling for alcohol treatment for about three weeks now. He has really been depressed lately having a hard time making ends meet and providing for his two year old child. No excuses though, no one should Ever, Ever Drink and Drive. Now we are arranging for inpatient treatment if our insurance provider decides through an assessment that he qualifies. My wife and I prepare to try and help him with his bills if he goes into rehab for weeks. He wonders if he will still have a job when he gets out. I guess all parents think their kids are good kids, and deep down I know my son is one of the most caring, loving persons I know. I know he is hurting and we need to do all we can to cure him from the disease that seems to have crept into all our lives. My wife and I thank god no one else was hurt and that my sons life was spared. I am prepared for criticism and press articles about whether or not my son received special treatment. The truth is I know he did not and you know what, ........ I'm a dad first.
.
Imagine fighting DWI all these years and seeing your own son arrested for his second DWI. Imagine your son is in the hospital after a suspected DWI related accident, all you know is he has a head injury and at first you are told it should be minor and then you learn he may be admitted to the hospital because doctors are unsure. Because I am Sheriff I tell my wife we can't go to the hospital. My appearance there could be taken as an influence against the officers there to arrest my son. We have to avoid any appearance of influencing the outcome of the arrest. Therefor we don't call anyone for information, we wait. I did not call the state police for information because I did not want anyone saying I called them in an attempt to influence the handling of the case. Any other parent could call the police to find out what was happening with their son, I could not. The hospital had only one nurse on duty for the whole emergency room so when I called just to find out if he was ok it was fruitless.
While I am waiting I can't help but think about what got us to this point. My children have always had extra pressure because of my career. When my son was in high school I was a Juvenile Detective assigned to the Gang Unit. I had to do a lot of work at the high schools during this time when Juvenile Gang activity was at an all time high. My son got a lot of hell from other kids about his "Narc Dad". I always told my kids about how bad it would be if my kids were in trouble. My son struggled through High School but graduated anyway. He could not wait to get out of the house when he turned 18. Was I too hard on him or was he tired of living under my shadow? My whole family has to face life in the public eye. Both my kids had to hear lies, rumors, and some downright awful things said about me over the years. When our family had good times or bad times it was always under the public eye. Even before I was sheriff, when I was a union president my kids would read about and hear about controversy's at my job in the papers and from other kids whose parents were cops who disagreed with decisions I made in the union.
I knew what I was signing up for when I took or ran for each position. My family was just along for the ride. They wanted to support me but did they really know what they were getting into? Early in the morning after my sons accident I called the hospital again to see if he had been released, no the nurse said, a doctor had not been found to see him. Apparently the hospital was short on doctors as well as nurses this morning. The nurse also said the cops had left. The cops had left? This usually means the suspect, my son, was worse than I thought. Many times in a misdemeanor arrest, if the person is going to be in the hospital for a while they leave them there and summons them into court on a later date. Officers can not be tied up waiting in a hospital for a person to be released. Only in felony arrests do officers stay with the patient until they are released. This is standard practice but I knew that if this was the case with my son that it could become a problem. Some people would not believe this was standard practice. Here I was thinking about the politics of the situation.
As my wife and I drove to the hospital praying that he was going to be ok I decided I needed to be a dad first. Stop thinking about my career and think about my son. He has been in counseling for alcohol treatment for about three weeks now. He has really been depressed lately having a hard time making ends meet and providing for his two year old child. No excuses though, no one should Ever, Ever Drink and Drive. Now we are arranging for inpatient treatment if our insurance provider decides through an assessment that he qualifies. My wife and I prepare to try and help him with his bills if he goes into rehab for weeks. He wonders if he will still have a job when he gets out. I guess all parents think their kids are good kids, and deep down I know my son is one of the most caring, loving persons I know. I know he is hurting and we need to do all we can to cure him from the disease that seems to have crept into all our lives. My wife and I thank god no one else was hurt and that my sons life was spared. I am prepared for criticism and press articles about whether or not my son received special treatment. The truth is I know he did not and you know what, ........ I'm a dad first.
.
Friday, November 02, 2007
Robert Montoya speaks out about daughter reporting him DWI
Larry Behrens got an exclusive last night when KOAT TV interviewed Robert Montoya. Robert Montoya was arrested by my deputies after his daughter reported him speeding and drunk driving with his 13 year old sister and a 15 year old friend also in the car with her.
You can see the video of the jail house interview here.
KOAT also did a story on Bill O'Reilly blasting Governor Richardson over DWI in New Mexico. You can see that story here.
You can see the video of the jail house interview here.
KOAT also did a story on Bill O'Reilly blasting Governor Richardson over DWI in New Mexico. You can see that story here.
Thursday, November 01, 2007
Video of Sheriff Greg Solano on MSNBC with Dan Abrams
Below is the you tube video of my appearance on Dan Abrams MSNBC show which aired live last night. I was also scheduled to appear live on Star Jones Show on Court TV today however it was canceled due to technical difficulties in getting the satellite feed into a Santa Fe or Albuquerque studio in time. Vic Vela of the Albuquerque Journal did a story on the national airplay this story is getting and KOAT TV is planning to do a story tonight as well.
Wednesday, October 31, 2007
Sheriff Greg Solano to Appear on MSNBC with Dan Abrams
I have just agreed to appear on MSNBC Live with Dan Abrams tonight at 7:40 New Mexico Time. I will be discussing the Robert Montoya DWI arrest which has garnered much national attention due to the heart wrenching dispatch tape where the 15 year old girl is frantic as she calls the Sheriff's Office on her own father. Tune in if you can!
Tuesday, October 30, 2007
O'Reilly Factor Bashes Governor Richardson over D.W.I. Case
Tonight I watched the O'Reilly Factor on Fox News, I usually do not watch anything on Fox News due to their usual biased reporting which I have talked about before. I watched it tonight because I knew they were doing a story on the 6th time D.W.I. arrest of Robert Montoya. If you have not read about Robert Montoya he was arrested on Saturday October 27, 2007 after his 15 year old daughter called 911 to report him driving drunk at 100 miles an hour while his two teenage daughters and one of their friends were in the car. The 911 tapes are horrible to listen to as you can hear the fear in his daughters voice as she pleads with him to stop the car. Below is KOAT TV's You Tube video of the 911 calls.This case has been covered by many national news outlets and most local news. Inside Edition, Fox News, have covered the story and Good Morning America will cover it tomorrow morning. As usual Fox news twisted the story and used it to claim that Governor Bill Richardson has failed on D.W.I. in New Mexico and can't be a good president because he has not even been able to tackle D.W.I. in New Mexico. The only guest from New Mexico was Pat Frisch Program Director and sometimes Talk Show Host from ultra conservative republican radio station 770 AM KKob in Albuquerque. Pat Frisch is hardly qualified to speak with any credentials on the D.W.I. problem in New Mexico. Fox news staff was in contact with my office all day and I have a suspicion that they did not ask me or anyone with real knowledge of D.W.I. to come on air because they would not blame Governor Richardson for this incident as O'Reilly wanted to do. Before the show even completed I fired off this email to Bill O'Reilly.
To: oreilly@foxnews.com
I watched tonight your story on the sad arrest of Robert Montoya after the frantic call from his daughter as he raced down the highway while drunk. I was in contact with members of your staff all day and someone much more qualified than Pat Frisch who's only credentials in New Mexico is that he is a talk show host on a conservative radio talk show. Rather than talking about the real problems of repeat D.W.I. offenders you chose to capitalize on the suffering of the Montoya children and use this incident to attack Presidential candidate Governor Bill Richardson. While D.W.I. is a serious problem across the United States Governor Richardson has done more than years of previous governors including former Republican Governor Gary Johnson who as you know even tried to legalize drugs in New Mexico. Same usual twisting of news to suit the Fox Political Agenda.
Sheriff Greg Solano Santa Fe County 35 Camino Justicia
This is a sad case and I really feel for the 15 year old daughter who called in her own father. Usually repeat offenders get suspended sentences and with good time they spend little time in jail. Because of the publicity and the additional charges of Child Neglect Mr. Montoya will probably get a somewhat severe sentence. He deserves it and I hope the sadness and pain he has caused his daughter makes him really think twice about his life and this may be the final thing that makes him stop drinking. If this does not do it nothing will. I really believe state and local officials are doing all they can to change the drinking and driving problems in New Mexico. We are making headway. Unfortunately there will always be people like Robert Montoya and at some point the only way to keep the citizens safe is to keep these people in jail as long as possible. I hope his daughters get some counseling and overcome the pain this man has caused in their lives. I know my family and many others are praying for them.
Friday, June 15, 2007
Only the media can make a good thing look so bad!
I usually empathize with the media, for the most part they are doing their job and perform an important function in what makes America the land of the free. Every now and then I read a story that makes me shake my head.
The Albuquerque Journal had a story (subscription required) yesterday on a noble program started to help reduce D.W.I. deaths in Santa Fe County. If you are planning on a Friday or Saturday night of partying or drinking call for a free taxi ride to and from your destination, if the destination serves liquor. Simple enough idea that has reduced drunk driving in other places where it has been tried. The Journal decides to start the story with:
"Need a free ride to Cheeks to see strippers? And a ride home at the end of the evening after downing a few drinks?
Starting this weekend, Santa Fe County government will foot the bill for cab rides to and from the City Different's only topless bar— or any other bar or restaurant that serves alcohol— under a new program aimed at fighting drunken-driving."
Now granted Santa Fe's only strip club qualifies for the program, it is a bar. However, I sincerely doubt that that is what the county had in mind when this program was developed. regardless, when your family member dies from a drunk driver do you really care whether the driver drank at a strip bar, a restaurant, or on a plane? Do you wish the driver had taken a free cab regardless of where he or she had been drinking? Hell yes.
I like Erica who wrote this story and sometimes editors and others can influence the outcome of a story but this was not funny. D.W.I. is a serious problem and we must do all we can to stop it. Poking fun at this program was in bad taste and should serve as a reminder that good journalism is not always sensational journalism.
Monday, April 02, 2007
Return to Blogging
I am back after a short break from blogging. First off my condolences to Julia Goldberg on the loss of her dog Kita. My wife and I have 4 dogs, (yes that is four). We really enjoy them all though I was happy with just two but my kids keep bringing more. We absolutely have to stop at four. Dogs quickly become part of your family and when you lose one it can be devastating. My wife and I will pray for you and Kita.
I am dismayed to learn the Governor vetoed the Red Light Camera Bill. The good thing is that all this attention has brought some light on the downfalls of Albuquerque's Red Light Camera Program and may bring about needed change. Marty Chavez has hung his hat on this program and the amount of discontent it is brewing in Albuquerque could affect his poll numbers in his own district when the Democratic Primary for Governor comes around.
Deaths involving Alcohol continued to mount in the Santa Fe Area in the last few weeks. This even as all the publicity over the Pabst case, and as we have just increased the number of D.W.I. officers at Santa Fe County Sheriff's Office from two up to six. I am at a loss for why all of this does not scare anyone into not driving drunk.
I am dismayed to learn the Governor vetoed the Red Light Camera Bill. The good thing is that all this attention has brought some light on the downfalls of Albuquerque's Red Light Camera Program and may bring about needed change. Marty Chavez has hung his hat on this program and the amount of discontent it is brewing in Albuquerque could affect his poll numbers in his own district when the Democratic Primary for Governor comes around.
Deaths involving Alcohol continued to mount in the Santa Fe Area in the last few weeks. This even as all the publicity over the Pabst case, and as we have just increased the number of D.W.I. officers at Santa Fe County Sheriff's Office from two up to six. I am at a loss for why all of this does not scare anyone into not driving drunk.
Wednesday, December 13, 2006
Christmas Comes Early in Santa Fe County.
Yesterday Christmas came early for Santa Fe County. Santa wore a Bolo Tie as Governor Bill Richardson's staff called me a couple of days ago and asked me if I would like $300,000 to hire 4 more deputies and assign them to work strictly on the D.W.I. problem in Santa Fe County. I was really excited as I said "absolutely"! This came just days after one of my deputies stopped another wrong way D.W.I. driver on a major highway. Our current D.W.I. unit consists of 2 deputies and one supervisor. The four additional deputies will more than double the D.W.I. unit.We work very hard on the D.W.I. problem and are among the highest county in the state for number of arrests and convictions. I know we can even do better with more deputies devoted full time to the problem. Part of this money will also go to education and outreach. The deputies will be used for more checkpoints, saturation patrols and regular D.W.I. patrols. Rachael O' Conner the D.W.I. Czar called me herself with the news and I must say she is one of many people working very, very hard, and long hours on this problem. I know every police agency in the state could use extra officers and I feel especially honored to have been given this opportunity.
Tuesday, November 14, 2006
The Long, Long Weekend
Its been a long weekend. Saturday night I was with some friends who had come over to my house for dinner. I received a phone call that we had a fatal motor vehicle accident on I-25. The first call made it seem as though one person had died. The call had just come in so we did not have many details at that point. Usually I get one call when we know we have a fatality or homicide and then I will get a follow up call from someone on the scene once things have calmed down and there is more details. The next call I got was within a minute or two and I was informed we now may have two dead. I got my hand held radio and turned it on and soon it looked like this was more than just your normal highway accident. I called one of the commanders on scene. I usually try not to call them on the scene in the first 20 or 30 minutes because they are so busy trying to take care of victims, direct traffic, and such that they don't need to be bothered. In this case I wanted to see just how bad this accident was. The commander was busy coordinating traffic control but advised me that we may have three dead. We had gone from 1 dead to three in a few minutes so I excused myself from our dinner guests and put on my uniform and headed to the scene.When I got to the scene on I-25 the first deputy I approached told me the count was now five dead with a sixth flown to University of New Mexico Hospital with life threatening injures. I could not believe how the death count kept rising. As I approached the two vehicles I could see a white dodge pickup facing me with the front end completely obliterated. A van was in front of me with the drivers side facing me. The front end of that was completely gone also. I could see the first victim at the drivers side passenger door. The driver and front seat passengers were also pinned between the seat and the steering console and dash. As I continued to approach the van I knew this was no ordinary accident scene ( to a cop who has seen many of these I guess there is such a thing as an ordinary scene). I could see a small brown stuffed animal on the roadway at the rear of the van. Boxes of Peanut M&M's like you buy at Sams Club were on the ground near the drivers door. I walked around the rear of the mini van where I saw soccer shin guards and a soccer ball. Then came a young child lying in the rear seat still wearing her soccer clothing. She reminded me of my daughter who is age 14. The first victim I saw earlier was her older sister. The youngest girl was in an ambulance at the scene, she had not made it either.
I could not believe what I was seeing. I have been to too many accidents, homicides, and assaults to count but I could not ever recall feeling as I did just then. While I know we can never show the public what I saw that night I keep thinking that if the public did see what I saw, who would ever drink and drive again? The truth is that some probably still will continue to drink and drive.
I knew this was going to be a long night. I also knew this story would have legs as they say in the news business. I always try to let my people do their jobs, they are the best in the business and they know what they are doing. I usually handle the press, so we can keep them informed and out of the investigating deputies way. I also try to make sure they have every thing they need to do their jobs and take care of the little details that can bog them down. The press and their ability to learn of these things is amazing. In no time all major newspapers and TV stations were calling and arriving on the scene.
It was a long night that still has not ended. Yes, its now Tuesday night and It still seems like one really long day that has not ended. This story will continue to be a daily news story until the funerals are over and then probably through the weekend. The horror and publicity these stories provide are probably good in the sense that it brings a reminder and new light to the problems we still have with D.W.I. . The hard thing is for the news crews to keep coming up with new and different angles for the next days stories. As we go into the fourth day of three major TV stations, two major papers, several radio stations and the calls coming in from Colorado news crews and the Associated Press all calling for the latest details and looking for help with the latest angle on the story its getting to the point where I have no more information to give.
Some police agencies give very little information and therefore the news crews can drag out little tidbits at a time and dig for their own information which can drag the stories on much longer. I try to have a model Open Government and eliminate the need for any Freedom of Information requests by giving all information that we can without harming a case or releasing information that is not legal to release. This means a flood of information initially and then we have very little left afterwards, especially in this case where filing of criminal charges will not happen. Many news agencies are awaiting the completion and release of the official report. The truth is there will be very little if any information in that report that is not already available by reading any newspaper or watching any TV station that has covered this case.
The death of the alleged drunk driver in this case means we have no villain left to go after. Or do we? News media is frantically struggling to find someone to blame. Really I can not just pin this on just the media, the truth is the public wants someone to blame, someone to point their finger at and say "its your fault". It is not as easy to do that to a deceased person. So we look to who sold him the liquor? Is the airline at fault? Can we find some liquor establishment in New Mexico to blame? Can we reach the finger of blame out to Reno Nevada? Perhaps it's New Mexico's Laws and Courts, maybe they are to blame. Just months ago the state was touting that D.W.I. deaths are down in New Mexico. It made some feel warm and fuzzy and yes it gave politicians a chance to point at the stats and take credit. Then this happens, wow so much for our progress.
Once again we look to pass new laws, put up barricades on medians to prevent wrong way drivers and look to ways to prevent the next one. This is all good and with each new circumstance we learn of new problems we have to take care of to prevent the next tragedy. I don't think we will ever completely stop drunk driving but we can hope and keep working towards that goal. This is a sobering reminder of the fact that yes, we have made progress but we are not done yet. As a completion to today's blog I would like to ask for gods blessing on all the families involved. Both the Papst family and the Gonzales, and Collins family are suffering and will suffer for the rest of their lives. I only hope that with all our prayers we will ease their pain somewhat and allow them to go on.
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