‘We're not done yet': FBI discusses future of DWI scandal as another APD officer takes a plea
ALBUQUERQUE, N.M. (KRQE) – A sixth former member of law enforcement has accepted a plea deal for taking bribes to help a law firm get its clients drunk driving cases dismissed in what the feds call a 'DWI Enterprise.' As the investigation continues, the FBI says to expect more pleas to come.
Harvey Johnson pleaded guilty to one count of conspiracy to commit interference withcommerce by extortion under color of official right on Tuesday. According to federal court documents, Johnson admitted to participating in the DWI Enterprise from Feb. 18, 2023, through Jan. 18, 2024.
WATCH: DWI cases Albuquerque officers and paralegal made disappear
The feds said the scheme ran for 30 years and was led by now-disbarred Attorney Thomas Clear III and his Paralegal Ricardo 'Rick' Mendez, who worked with law enforcement members mainly within APD's DWI Unit.
Johnson admitted that he worked with Mendez to funnel drunk-driving defendants to Clear and accepted cash in exchange for not showing up to both the criminal and administrative DWI hearings, allowing the offender to go free. The former officer also said that he would keep alleged drunk driving suspects' driver's licenses or arrest paperwork so Mendez could contact the driver.
Mendez and Clear typically paid officers in cash, and in some cases gave them free legal services for their family members, hotel rooms, meals, and other gifts, according to federal court documents. In Johnson's case, he specifically mentioned that Clear and Mendez gave him non-cash rewards such as Christmas gifts and baby gifts.
Johnson joined APD in 2014 and was assigned to work in APD's DWI Unit in 2021. He resigned in 2024, just one day before he was set to be interviewed by APD's Internal Affairs about his suspected involvement in the scheme.
Prosecutors immediately deemed him a non-credible witness, meaning his word, as a police officer, could no longer be trusted in court. As a result, more than two dozen of his pending DWI cases were dismissed.
News of the federal investigation into the scheme blew wide open in January 2024 when federal agents raided the homes of Albuquerque police officers, including Johnson's in Los Lunas, and Clear's home office in Albuquerque.
FBI Special Agent in Charge Raul Bujanda told KRQE Investigates that the fact the scheme was passed down through generations of officers surprised him, but he did not say at what point his agency learned of it and started investigating.
'So here, you had actually, I believe, I truly do believe, people who are coming into the profession that wanted to do the right thing. And they started to see some things that weren't being done properly, like this scandal we're talking about, but instead of reporting it, they just decided to be a part of it because they felt that that was accepted,' said FBI Special Agent in Charge Raul Bujanda.
Other key players in the scheme include additional members of APD, the Bernalillo County Sheriff's Office, and New Mexico State Police. Bujanda said the investigation into the scheme and possible suspects is not over.
'We're not done yet. It's an ongoing investigation. I'd like to be able to say, I really actually would, and that's sincere, like I would really want to say that this was over, it's done, we've found them all, there's no more to follow up on, you know everyone can feel good that we got all the bad apples out. Unfortunately, I can't say that,' said Bujanda.
2 Albuquerque police officers who resigned amid DWI Unit scandal now working for CYFD
Johnson and former APD Officer Nelson Ortiz went on to work at CYFD after they resigned from the department. They both have since taken plea deals, and CYFD said they are no longer employed with the department.
Take a look at the plea deals in New Mexico's DWI scandal
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