Sunday, September 09, 2007

APS PD; Gravy Job?

(Note to readers: this is a repost. I have brought it to the top of the stack because of the gravity of the comments. The comments by Mr. Joseph Lopez deserve your attention.)

I've been asked if APS PD should be paid the same as city cops.

I am acquainted with a gentleman who served student safety in the APS. During the last hour of his career, he was beaten nearly to death in an APS high school parking lot. He is permanently disabled. Among other things he lost that day, an eye.

APS/Modrall is still trying to screw him out of a principled resolution of his complaint.

Did he earn fourteen bucks an hour that day?


...or twenty?

16 comments:

Anonymous said...

Being the person almost beat to death, and a fan of Diogenes'six, I don't know how impartial I can be here, but I was making 25k a year at the time I was disabled. I had gone through the academy, become a special deputy, arrested people, worked on safety plans, got promotions, etc.

I am also no slouch when it comes to self defense, but any four untrained teenagers can overpower someone with no gun. And I AGREE WHOLEHEARTEDLY with getting holsters that a kid can't tamper with. Had I had a gun that day, 02/23/2004, I don't think I would have been attacked. They would have been afraid of getting shot as soon as I saw all four of them were trying to kill me.

Had someone backed me up, had I had radio comunication with central dispatch, all sort of "What ifs" come up. I think I would still be working to improve student safety had I just had a few things that every "normal cop" takes for granted: backup, a radio to talk to APS PD dispatch, and the equipment I was trained to use in the sheriff academy.

I hope to get back to work someday, but I hope that no other security officer has to go through what I went through. I chose my path, my career, and I don't regret that path. I only regret that non-police make the decisions for police equippage and tactics. Had recommendations floating around since the 1970s been implemeted, I don't beleive I would be nearly sightless in one eye, have a traumatic brain injury and be suffering from PTSD.

But I have recommended, both as a Safety Specialist and as a Police Sergeant until my face was as blue as my uniform: to no avail.

APS Security/Police officers - please get every piece of insurance you can. If things don't change, you may be the next one to suffer a loss of your ability to work, and only workers comp and ERA disability to almost pay your bills. AFLAC, or whatever is offered - GET IT. It was not offered to me in my employment, and I can tell you that long term disability only continues what workers comp starts, it is not enough to pay a mortgage.

Ched - thanks for hearing my story of woe and being there to support me even when I get paranoid.

APS - thanks for nothing.

Joseph Lopez
former APS Safety, Security, and Police worker

ched macquigg said...

...and thank you, sir;

for your continuing courage.

Anonymous said...

Was this incident reported in the media or swept under a rug? What a powerful example of exactly what can happen. Even scarier is that it has happened.
Mr. Lopez, I wish you would have had your tools that day also.
Thank you for your service to our children. I'm sorry for all that you have been through and I wish you all the blessings one man could receive.
Now, I suggest Mr.Lucero, Ms. Facio and Ms. Griego walk a mile in the shoes of APS police someday soon and give us all a report a month later. It's a hell of a lot easier to sit in your ivory tower with your opinions, until it's you facing the lions.

ched macquigg said...

Q "Was this incident reported in the media or swept under a rug?"

A It continues to be covered up to this day. And also the several hundred thousand dollar public corruption that Mr. Lopez had blown the whistle on.

Anonymous said...

Has Mr Lopez tried to sue APS? It seems to be the only way that they listen. And no Media coverage? Amazing. I suppose it is going to take a bigwig's kid getting beaten to death before anything is done!

ched macquigg said...

You can't sue APS. Their lawyers at the Modrall Law Firm, have a virtually unlimited, and so far secret budget.

They will win at any cost. They are defending the law firm's president's wife.

The media is obviously not investigating or reporting upon this story; or it would have been broadcast or published.

Paula Maes is also the President of the New Mexico Broadcaster Association.

ched macquigg said...

Further, I am convinced that the beating was ordered by an administrator(s) in retaliation for Mr. Lopez stand up and blowing the whistle on a huge fraud going on the the Vocational High School.

APS has some extensive liability; an additional reason to keep it all secret.

Anonymous said...

Was this incident ever reported to APD?
Were the kids who did this ever brought to trial?
This is a travesty.

ched macquigg said...

My understanding is that before police or an ambulance would be called to assist Mr. Lopez, he was forced to sign some sort of waiver that he wouldn't press charges.

No charges were filed against his assailants as far as I know.

Anonymous said...

I called the cops not once but three times on three different occasions - I was working at the Charter Vocational High School on Lamberton street. The first time the kids came, I was "merely" threatened with being shot, but I reported it. The second time, the same kid threatened my life again, then attempted to run me over: also reported to police, with license plate and description. The third time is when it got really bad - four boys, including the original one, came to where i worked ( the school parking lot) as truants from VHS and literally tried to beat me to death. That is what it felt like to me, anyways, having a tramatic brain injury and some other serious issues as a result of the attack on my person.

The cops came but Danny Moon somehow convinced the officer to let me waive prosecution on a violent felony - Danny said he would fire me and keep me from workers comp treatment if I tried to prosecute the "kids with good homes". I was able to get the Juvenile DA to look at the situation a few months later, but only one of the boys was charged with anything, and it was in juvenile court with a probation result rather than any incarceration.

As to the fraud at the school, I had tried contacting the DAs office via letter while in 2003 asking for truancy citations, since about half of the kids we were supposed to have were just gone, ghosts. This is how Moon paid for his 175 thousand dollar a year salary - by overinflating student counts, stealing money from the fund devoted to educating NM children.

He did not like that I requested truancy citations and visits from juvie probation/truant officers since it would mess up his "game" of stealing money from the state. So he attempted to discredit me, tried to harass me at work into quitting, and finally I got my ass kicked pretty good at the school. I had never seen these Valley kids before, I had just gotten back from Colorado and had absolutely NO BEEF with anyone. It was strange that when I reported these incidents, nothing was done.

If anyone wants case numbers I can dig them up - APD/DAs office did indeed eventually charge Mulvaney with the Aggravated Battery and battery by vehicle, but in juvie court. And that is ok - he was seen by a judge and the judge dispensed justice as he saw fit.

I have the APD AEGIS sheet that shows I called asking for help on each occassion, but only one incident report was generated. Since, APD/APS/BCSD have changed their procedure for responding to ANYONE who is being battered, in progress calls now take precedence.

One of the issues, not that I cared at the time, was that no one knew who was responsible to take calls at the APS Charter Schools. APD always refered me to APS Police, who referred me to APD or State Police, who referred me back to APS Police... But again, I think they have that straightened out now. I hope.

I am a "certified" whistleblower, it is the only way that I could get APS Internal Audit to look at what I knew to be a huge fraudulent incursion into the State Education Fund. They took the evidence I had tried to give to APS Police Director Lovato and Internal Affairs Officer Romero. The same exact packet I tried to give to Gil, Al Wesson took and was able to force Moon to retire. A criminal prosecution would have been better, and may still happen if DA priorities allow. The NM State Police have an open case on the Fraud.

Since I let people know that Gil did nothing when presented with evidence of a school felony fraud, he started looking for "dirt" on me, including an illegal Interstate Identification Index check. I know I was run because I was interviewed as a victim of the crime by an APS Police detective.

Yes, its sad that I am disabled because Gil was too busy screwing his subordinates to actually do his job. But I also chose this path in life, and we all must take responsibility for our actions and intentions. I regret nothing, I would do it all the same, it resulted in two tyrannical despots being displaced and unable to take advantage of anyone else. Not a fair trade, but I am ok with it.

J. Lopez

Anonymous said...

Thank you Mr Lopez, for your service to our community. And most of all, for having the courage of your convictions. Ched,Marty Esquivel, and you are in a very special club of extraordinary whistle blowers!

Anonymous said...

In the event anyone doubts my veracity, please look up the following reports:

APD Case # - 04-48314
by Officer Garcia

State Police Case # - 2005-18928
by Agent Gibbs

Again, anyone with a kdt (police mobile computer terminal) can look up the call information from February of 2004, unless it has been archived as not to overload APD systems with too much data.

APS call logs and audio tapes of my calls for assistance have been destroyed - Acting Chief Tellez looked and found blank spots on the tapes where my calls asking for backup would have been.

J. Lopez

Anonymous said...

APD/DAs office did indeed eventually charge Mulvaney with the Aggravated Battery and battery by vehicle

Was that Brendon, or little brother Jason, Mulvaney. Or both!

Anonymous said...

To Mr. Lopez,
As a current teacherof High school, and ex-military, I know some of your frustration and pain, especially not getting much support after you dedicate your life to service to the public.
I find it exceptionally heroic how you still try to find the "bright side", or how you havn't become so dismayed and feeling betrayed.. I know some of those thoughts probably have come to you sometimes.
But you prove yourself the hero...then and now. Sorry you went through what you did, and how your input is all kind of ignored. Sorry you had to sacrifice...I how those parisites-of-the-public in charge of APS can learn from this, but sadly I doubt it.
thank you sir, for what you have done. WE remember it.

Anonymous said...

Is it possible to try a civil suit against the one kid that was charged with assault and battery? Not with any real expectations to recover damages, but to stir up a little press coverage, or at the very least, make the rest of the little thugs think twice? You might consider contacting Gail Stewart whose disgust with APS is legendary.

Anonymous said...

Sometimes I forget its not just me and Ched throwing comments back and forth here, but I can tell you the empathy by the other posters here is very much appreciated, does a disabled man's soul good. Thank you.

J. Lopez