OPINION: No charges against Santa Fe Commissioner Garcia in grope case

Apr. 18—Santa Fe County Commissioner Rudy Garcia has survived the investigation that could have ended his political career.

State Police have decided not to charge Garcia, 51, with a crime on allegations that he groped the 21-year-old daughter of Santa Fe County Sheriff Adan Mendoza.

Police notified all three of the decision as Easter weekend began. Garcia said the investigation concluded without his involvement.

"They never did interview me," he said of police officers.

In a wild account, Garcia claims the allegations of sexual misconduct were concocted by Sheriff Mendoza in an attempt to drive Garcia from office.

Mendoza's daughter said she went to police on her own. She told investigators Garcia groped her during a public event six weeks ago.

"Too many times women's voices and truth are dismissed," she wrote in a statement to me. "Just because authorities refuse to file charges does not mean it didn't happen. It did happen."

Sheriff Mendoza said police told him no surveillance video exists and there were no independent witnesses. On that basis, police decided they couldn't charge Garcia, the sheriff said.

"It's tearing me apart," Sheriff Mendoza said. "It's unfortunate that a woman's word is not heeded when she goes to police to report a crime."

State Police did not respond to questions about the investigation. They have not released their reports on the case, which I requested a month ago under the state public-records law.

The sheriff said he doubted Garcia's account of never being questioned by State Police. But if that's true, Mendoza said, the investigation was superficial and flawed.

Garcia and Sheriff Mendoza used to be friends. Their goodwill toward each other ended abruptly at a political function that brought together both men and the sheriff's daughter.

Sheriff Mendoza staged a fundraiser on March 4 at Santa Fe's Fraternal Order of Police Lodge. As the night wore on, his daughter said, Garcia pawed her.

A loud confrontation followed between Garcia and a male friend of the sheriff. At that point, Sheriff Mendoza said, he gathered his family and went home. Mendoza said he did not want to react as an angry father, so leaving was his best option.

His daughter returned to her home in Albuquerque. After the weekend, she went to State Police and made her complaint against Garcia.

In turn, Garcia hired defense attorney John Day, who said the woman's allegations were false.

Garcia, referring to himself as "the commissioner," sent me a rambling statement of his own. Garcia claimed Sheriff Mendoza warned him not to seek reelection or he would smear Garcia with falsehoods about sexual misconduct.

"The commissioner did not bow to this illegal extortion and filed for reelection," Garcia wrote.

Sheriff Mendoza gave a different account.

"After what Rudy did to my daughter, I told him he was unfit for public office," Mendoza said.

Garcia and Mendoza are running for reelection in the June 7 Democratic primary.

Garcia faces two challengers in the District 3 commissioner's race. Mendoza also has an opponent. Victory in the primary would give each incumbent a second term, as no Republicans are on the ballot.

Asked why the sheriff would make up stories ensnaring his daughter in a political conspiracy, Garcia said Mendoza wants a different commissioner and he will use dirty tactics to influence the election.

Sheriff Mendoza said has no affiliation with either of Garcia's opponents.

"I've got my own race to run. I have never concerned myself with Rudy's campaign," Mendoza said.

Though Santa Fe is not a small city or county, Garcia holds two public offices. He also is vice president of the Santa Fe School Board.

Garcia said he had done little campaigning so far in his commissioner race. He said he would intensify his reelection bid now that Easter has passed.

Sheriff Mendoza is campaigning, but he has other concerns after State Police closed their investigation of Garcia.

"I'll ask my daughter what she wants to do. She could request that the State Police reconsider their decision. And, of course, there's always the possibility of a civil suit."

As for Garcia, he claims he will seek state and federal investigations of the sheriff for "illegal political extortion."

The young woman who accused him has a more plausible goal.

"Despite my disappointment, I encourage all women to continue to have a voice and come forward," she said.

Ringside Seat is an opinion column about people, politics and news. Contact Milan Simonich at msimonich@sfnewmexican.com or 505-986-3080.