Man details encounters with officer and law firm implicated in DWI corruption probe

Feb. 22—In the middle of arresting Carlos Sandoval-Smith on DWI charges in June, Albuquerque police officer Joshua Montaño took off his lapel camera. From then on, much of what the two said to each other was inaudible in the recording.

"'I have to take you in, but I have a lawyer friend who can get you off of this.' Those were the exact words that he gave," Sandoval-Smith told the Journal in an interview Thursday.

"I didn't know what to think. It was confusing to me that he was arresting me but offering me help at the same time. ... So that totally just threw me off."

Sandoval-Smith said Montaño took his most valuable jewelry, a bracelet, and — days later — called to tell him he could pick it up from an "attorney friend."

"Within five minutes, Rick Mendez was calling me," he said.

Sandoval-Smith's story comes to light amid an FBI investigation into alleged corruption between a group of current and former Albuquerque Police Department DWI-unit officers, including Montaño, and prominent defense attorney Thomas Clear III and Clear's paralegal Ricardo "Rick" Mendez.

The allegations revolve around the prosecution of DWI cases and interactions between officers and the staff of a local law firm.

After the allegations surfaced, APD placed officers Montaño, Honorio Alba Jr., Harvey Johnson Jr., Nelson Ortiz and Lt. Justin Hunt — who has since resigned — on leave after opening an internal probe into the allegations.

Nobody has been charged in the case, which also led the 2nd Judicial District Attorney's Office to dismiss 195 DWI cases, including Sandoval-Smith's, related to the implicated officers.

Montaño, Clear and Mendez could not be reached for comment on Thursday.

The investigation became public on Jan. 18 when FBI agents searched the homes of Alba, Johnson, the law office of Clear and the home of Mendez.

Sandoval-Smith said his mother woke him up to a 6:30 a.m. newscast about the federal raids. He immediately recognized Clear's office, the front door boarded up after agents pried it open.

Sandoval-Smith said that's where he met Mendez, who returned his bracelet and told him, "If you need to get off of this, you're at the right place" — for the price of $8,500.

The 42-year-old said he is sharing his story in the hopes this doesn't happen to anybody else.

"And that whatever is still going on with any officers, that they see this and stop what they're doing, because eventually they're gonna get caught," Sandoval-Smith said. "And I hope they do."

Sandoval-Smith has retained the American Civil Liberties Union of New Mexico for a forthcoming lawsuit against Albuquerque police and the city.

ACLU-NM Deputy Director Leon Howard said the corruption case "goes to perpetuate this narrative out there, that the wealthier you are, the bigger chance you have of paying your way out of something."

"And that undermines lawyers, it undermines police officers, it undermines judges," he said. "It undermines the faith in our entire legal system, and that's a huge problem."

The ACLU provided Montaño's lapel footage from the arrest, a voicemail Montaño left Sandoval-Smith about having his bracelet and a covert video recording of Mendez returning the bracelet to Sandoval-Smith and going over his options.

This article is based off of those recordings, the lapel footage, court records and Sandoval-Smith's retelling.

Stop and Arrest

Court records show Montaño pulled over Sandoval-Smith — who had a prior DWI dismissed in 2022 — for speeding and reported he "noticed signs of intoxication," including bloodshot eyes, slurred speech and the smell of alcohol.

A 71-minute video from Montaño's lapel camera shows Sandoval-Smith being pulled over, taking field sobriety tests on the street and being prepared for booking at a Downtown prisoner transport facility. During the stop, Sandoval-Smith is very polite and is never heard slurring his words or showing any obvious signs of impairment.

Sandoval-Smith's teenage cousin was in the car at the time and was picked up by her boyfriend when he was arrested.

In the substation at Fourth and Roma, Montaño puts his lapel camera on a counter, pointing it to show him giving Sandoval-Smith a breathalyzer. Much of the interaction is inaudible but Montaño can be heard telling him he blew a .05, under the .08 presumed level of intoxication, but high enough to justify being arrested.

Then the officer escorts Sandoval-Smith out of the alcove, with the camera still running. More than two minutes elapse in which neither the officer nor Sandoval-Smith is in view or being recorded by the running camera.

During an interview, Sandoval-Smith told the Journal that after the breathalyzer, Montaño advised he had "this lawyer friend that I know can guaranteed get you off of this."

"In my mind, I was just super-confused," Sandoval-Smith said.

The lapel video shows that, when the two are back in camera view, Sandoval-Smith asks, his hands clasped as if in prayer, "and you said you would recommend a lawyer for me."

Montaño responded, "I ... uh ... I know a lot ..." but the rest cannot be accurately heard on the video as he stood between the camera and Sandoval-Smith. It appeared that, moments later, the officer was giving directions to the state Law Offices of the Public Defender.

Then Montaño walked away again. At 8:21 p.m., Montaño approaches Sandoval-Smith and tells him he needs to handcuff him from behind.

"Actually can you take off your bracelets," the officer says, instructing Sandoval-Smith to put the bracelets on the counter.

"You have my Apple watch, right?" Sandoval-Smith asks in the video.

"Yeah, it's in your property bag," Montaño responds.

Sandoval-Smith told the Journal that Montaño separated his bracelet from the other property. Sandoval-Smith said, "I wanted it back, so I paid attention very much and I noticed it was always separate."

'You're at the right place'

A few days later Montaño left Sandoval-Smith a voicemail saying a mix-up at the Prisoner Transport Center led to "some of your jewelry ... missing." In the recording, Montaño says, "But I have it. ... I'll give you a call back here sometime today and see how you would like to get the (inaudible) back to you."

Sandoval-Smith told the Journal Montaño called back soon after, adding, "I made sure to answer the second time because I wanted my bracelet and I was a little curious to see what was going on."

He said Montaño told him he would give it to "the attorney friend" along with Sandoval-Smith's number. Sandoval-Smith said Mendez called "and he says, 'I have your jewelry.'"

In a 20-minute video covertly recorded by Sandoval-Smith, he sits down with Mendez at Clear's office in a quiet Northeast Albuquerque neighborhood. A few minutes in, Mendez can be heard saying, "before I forget" and laughs, handing something in plastic to Sandoval-Smith, who says, "thank you."

He told the Journal that's when his bracelet was returned.

In the video, Mendez explained the impairment levels and what officers look for in sobriety tests. Sandoval-Smith asked what his "next best step" is to "not get this on my record."

"If you need to get off of this, you're at the right place," Mendez said. "If you're one of those people that can live with it, then go hire a cheap attorney, because there's some out there. ... We are not the most expensive, we're not the cheapest."

Mendez told Sandoval-Smith that they charge $8,500 — $4,500 up front, the rest in payments — or $7,500 cash. Smith Sandoval asked, "and with you representing me, that would guarantee this doesn't go on my record?"

Mendez replied, "yes."

Sandoval-Smith told Mendez he is not working and has no income, asking what his chances are with a public defender. Mendez said, simply, "roll of the dice."

Before Sandoval-Smith left, not having agreed to anything, Mendez told him "good luck to you," twice. Sandoval-Smith never hired Clear and ended up going with a public defender before his case was dismissed in January.

Now the ACLU-NM is planning to file a lawsuit on behalf of Sandoval-Smith. He said the DWI charge led much of his family to stop speaking with him, he lost his job and couldn't afford an interlock so he couldn't drive.

With his license reinstated, Sandoval-Smith said he won't drive at night and is consumed by "a feeling of fear" when he sees police.

He said Montaño "ruined my life."

"Literally, I didn't want to wake up some mornings. I was very depressed. I didn't care. I didn't have a drive because I had no control of my life. My life wasn't up to me anymore," Sandoval-Smith said.

He added, "I'm hoping that my story shows people to stand up for yourself when you know something is not right, period."