Albuquerque Police Violated Lapel Camera Policy 60 Times

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Top Tier Gear USA


America’s Predatory Deadbeats (otherwise known as the Albuquerque Police Department) are in the news again. Will it ever end?

On April 21, Albuquerque police Officer Jeremy Dear shot and killed 19 year-old Mary Hawkes. She was suspected of stealing a truck, and allegedly was running from police when she was shot:

Albuquerque Police Chief Gordon Eden told the Associated Press that an officer was pursuing the suspect on foot Monday morning when the woman reportedly “stopped, turned and pointed a handgun at close range.”

Mary’s friends told New Mexico Mercury that they have a hard time accepting the APD’s version of the story:

“I know for a fact she didn’t have a gun,” insisted friend Jarrich Martinez, who described Mary Hawkes as a caring, non-violent person with a love of the outdoors and animals.

“I just feel very pissed off, how the cops treat us citizens,” the young man continued. “We’re not aliens. We’re people and what is happening is not funny, not cool…cops don’t understand it. They’re on the other end. They’re just picking up paychecks.”

Mary’s death occurred just weeks after the DOJ released their abysmal and troubling findings after a 16-month long investigation into the APD:

Based on our investigation, we have reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment and Section 14141.

The DOJ released a 40-page evaluation that listed the wide range of the APD’s civil liberties violations.

That report also mentioned the department’s lapel camera practices. The DOJ said that requiring lapel camera use is a good policy but that it’s inconsistently used and not enforced strictly by APD:

“We found very few examples of officers being reprimanded for failing to record force incidents,” the report reads. “The fact that few officers were reprimanded for this failure suggests that supervisors have also failed to insist on this form of accountability.”

Now, new information has been released about the shooting of Mary Hawkes. It appears that there isn’t any lapel camera video of the incident, as KOAT reports:

Albuquerque police Officer Jeremy Dear may not have lapel camera video of the night he shot and killed Mary Hawkes, 19.

Action 7 News has learned this is not the first time Dear came back without lapel video.

Several people have filed excessive force complaints against Dear. In at least two of those cases, there was no lapel video to back it up.

Action 7 News learned Dear is far from the only officer who has come back from a call without video.

Robin Hammer is the city’s independent review officer, and it is her job to investigate suspected policy violations. She said that in 2013, APD officers violated the lapel camera policy 60 times – far more than any of the departments other policies. Hammer said officers are supposed to record every interaction with the public.

She also revealed some of Dear’s past history:

Hammer said officers have told her the camera malfunctioned or the battery died. That’s what Dear said when Hammer asked him about a complaint from February 2013. An Albuquerque man claimed Dear punched him in the stomach and kicked him in the groin during a traffic stop.

“Whether it was a camera malfunction, or whether it was Officer Dear not turning on his camera, either intentionally or unintentionally, we do not know.”

Dear’s video wasn’t recording when he allegedly punched a man while trying to arrest him during a Downtown brawl in January 2013 either.

In the February incident, the claimant said Dear put the handcuffs on too tight, and that he urinated in his pants because he was scared of the officer.

Lapel camera videos are a crucial part of investigations, and sometimes are the only evidence that can be used to hold officers accountable for their behavior.

The police chief gets to decide how to dish out punishment (if any) for officers who violate the lapel camera policy.

In Deal’s case, there are no records of him being disciplined for not having lapel camera video.

Missing lapel video violations aren’t the only troublesome finding about Officer Dear, who was hired by the APD in 2007:

The Albuquerque Journal reported that Dear was questioned back in 2011 about his knowledge of another officer-involved shooting that resulted in the killing of Alan Gomez, whose death was one of the killings investigated by the DOJ.

According to the newspaper, Dear told two different stories on separate occasions about the killing, with the second testimony temporarily disappearing in an event drawing the condemnation of a judge overseeing a wrongful death lawsuit. (source)

This sounds like business as usual for the APD, now often referred to as “Another Person Dead.”

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  • Free thinker

    I would think the whole camera idea would come from the insurance carrier. I can’t imagine any insurance company continuing to pay out on huge lawsuits without video.
    I drive cars on and off where I work and I can tell you and simple little parking lot dent and it’s off you go to (insurance required) drug testing. And in this case the damage might be as little as $50 or high as $2000.
    Some of these police brutality cases are in the millions.So I wonder what the deal is? Anyone work for insurance out there?

  • mot

    You know , they say that ounce you get the first murder , execution or whatever under your belt , killing gets easy. I don’t know and don’t want to find out , but perhaps thats whats wrong with some of these trigger happy cops. Perhaps they should be releived of duty and forced into a phyc/exam. I don’t really know the answer , but they are getting out of hand.

  • matism

    Except in many of these cases – like THIS one for example – there is NO “let the folks go” because the “folks” have been murdered in cold blood by the GD pig.

  • me is staying clear of that dump on the mountain, and i like traveling thru Moriarty on the other side of that murder capital

  • Joe P.

    How about they make the law so that if the video isn’t recording then all force is considered illegitimate and prosecuted accordingly? Seems fair… Fat chance of it ever happening.

    • stk33

      Afraid police union will not agree. I’m sure they are very careful to see that if “we don’t know” if camera malfunctioned or was turned off, the former is assumed – innocent until proven guilty.

      • Joe P.

        The way to handle that is easy: If the camera gets turned off or malfunctions they STOP working and go out of service.

      • The Pig Union would certainly not agree… bear in mind that the Pig Union vehemently opposes on-the-job drug testing for pigs.

        In other words, the Pig Union thinks it’s a violation of the rights of the pig, to subject the pig to testing that we peons must accept.

        And those fuckers are the ones supposedly entrusted with enforcing the stupid, wasteful, War on Drugs-Without-Patent-Profitability.

  • stk33

    Judging how manhunt or Dorner went, I’m afraid if “many of them get funerals”, they will probably burn the city.

  • stk33

    “officer was pursuing the suspect on foot Monday morning when the woman reportedly “stopped, turned and pointed a handgun at close range.”

    I’m willing to bet that he shot her in the back however.

    “who described Mary Hawkes as a caring, non-violent person with a love of the outdoors and animals.”

    Sure, caring, non-violent persons are known to steal trucks.

    Lies from all sides.

  • BellsNwhistles

    Booby traps and set up’s to ambush the thugs is going to be the next defense for citizens to protect our constitution. Armed raids in the night are the final straw.

  • Citizen Quasar

    Albuquerque police are nothing but a death cult. Rather than for someone to serve their Police Chief with an arrest warrant at a city council meeting, he should be dragged out into the street and hung from a lamppost.

  • berrybestfarm

    We can hope that the “good” cops are getting the message they better get their fellows under control or they become the “undeserved” target of people’s wrath.
    Dennis Patterson–Deer Park,WA

    • Every “good” cop knows colleagues who are either violent power-maniacs, or outright corrupt. As such, they are violating US Federal Law (specifically, Title 18 USC § 4: Misprision of felony – I’ve copied the text of that section at the bottom of this post). They’re also violating felony statutes regarding being an accessory to a crime (e.g., Title 18 USC. §3 – Accessory After the Fact).

      There is no such thing as a good cop. There are outright bad/corrupt cops, and there are those who enable them be failing to report their ‘buddies’… which makes the ‘enabler’ a bad cop too.

      As I say, I’ve reproduced the relevant legislation below – but don’t kid yourself that the State’s law applies to the State’s thug-scum. It doesn’t, in practice.

      Title 18 USC § 4: Misprision of felony: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

      Title 18 USC § 3:
      Accessory after the fact

      Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

      Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571)
      fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not
      more than 15 years.

  • Mike

    All cops are thugs and need to be dealt with as such.

  • Jebadiah H. Barnett

    answer – if the pigs camera doesn’t record then the pig has just admitted guilt and should be sentenced accordingly …

  • For our Protection

    no shit Sherlock but how are you going to PROVE it to get those long jail sentences? the current system allows them to get off more than a chronic masturbator because there is no proof they were lying about the assaults. the cameras are a suggestion to force them into submission because everything they do is documented. we are not going to get rid of the thugs anytime soon so lets take direct action to document the assaults and abuse of power. the next step is to actually hold them accountable. independent citizen reviews would be great. don’t let the foxes guard the hen house such as it is now.

  • lilbear68

    none of these cameras have any credibility unless/until the on/off switch is not under the individual pigs control and the video is uploaded in real time to an area that is readily available for review to an independent group that are not under the administrative pigs control. in case of malfunction the pig has to stop all activities until another pig or camera is brought on scene

  • Truth Teller

    It isn’t as if any rational person still believes the USA is a free country.

    Think about it. No-warrant wire taps, indefinite detention of citizens without charges, approval of rendition of prisoners and torture, stop and frisk without probable cause, search and seizure without a warrant, no-knock entry, confiscation and destruction of cameras that might have been used to film police acting illegally, police brutality, police shootings that go without investigation, managed news, and the civil-rights destroying “Patriot” Act.

    Acts of police behaving illegally, with shootings, Tasers, and unwarranted violence now appear almost daily. Rarely are these offenses punished. Most often “an investigation” is claimed, but soon forgotten.


In addition, the USA, with 5% of the world population, has 25% of all of the prisoners in the world. That means the USA has the most people in prison of any nation in history. Even by percentage of residents incarcerated, not just sheer numbers, USA is # 1

    Does any of that sound like a free country?

    As Dwight D. Eisenhower said about communism, “It’s like slicing sausage. First they out off a small slice. That isn’t worth fighting over. Then they take another small slice that isn’t worth fighting over. Then another and another. Finally, all you have left is the string and that isn’t worth fighting over, either.