'It's dystopian': Suit says state failed to provide records after fatal shooting by Santa Fe police

Yahoo

27-01-2025

Consuelo Contreras got a call from a detective Sept. 4, the day her brother was shot by Santa Fe police officers in the parking lot of a Cerrillos Road gas station amid a mental health crisis.
The detective told her Jesus Rafael Contreras, 41, was recovering in a local hospital and would be fine, according to her attorney, Laura Ives.
She continued making phone calls for the next few weeks, seeking more information about her brother's condition and the circumstances surrounding the shooting, but she repeatedly was told to call someone else. Then she received a call from a doctor Sept. 19, about 30 minutes before her brother died, informing her nothing more could be done for Jesus Contreras, Ives said in an interview.
Consuelo Contreras, who lives in California, continued seeking the details of her brother's death, submitting requests for public records on the New Mexico State Police investigation into the shooting. So far, she has received nothing in response to the request, she says in a new lawsuit.
She filed the complaint in state District Court last week, accusing the New Mexico Department of Public Safety, which oversees state police, of withholding records related to her brother's death, in violation of the New Mexico Inspection of Public Records Act. She asks the court to order the department to produce the records immediately and pay $100 per day for withholding them, as allowed under the law.
Her complaint spotlights a common problem for members of the public and news media alike when it comes to obtaining public records and information from state police and the Department of Public Safety — as well as other government agencies — despite the state law outlining required time frames for when government entities in the state must provide requested records.
'It's dystopian,' Ives said in a phone interview Friday, 'the thought of the government killing a loved one and you don't get to find out how or why.'
No answer for record delays
Consuelo Contreras' complaint says she filed a request for records through the state agency's online portal Sept. 23, four days after her brother died, 'in an effort to better understand the circumstances surrounding the fatal shooting of Jesus and assess whether to file a lawsuit against the City of Santa Fe.'
The request sought all audio and video recordings connected with the shooting, as well as written statements, reports, audio recordings of her brother's 911 calls, police dispatch records, witness statements, photos and notes and any disciplinary complaints against the officers involved, the complaint states.
The state agency acknowledged her request Sept. 23 and said it would produce the records within 15 days but didn't do so, the suit alleges. Instead, the agency informed her Oct. 8 it had deemed her request burdensome and would need until Nov. 8 to produce the records.
The department extended the deadline again in November, December and January, according to Contreras' complaint but never produced any of the records and stopped responding to her inquiries.
As of Tuesday, the complaint says, 'the agency had yet to produce any records, 'or offer any explanation why production has yet to occur.'
A Department of Public Safety spokesperson declined to comment on Contreras' allegations.
'This is a sad and tragic situation that is difficult for families,' spokesperson Herman Lovato wrote in an email. 'Unfortunately, we cannot comment on pending litigation.'
A spokesperson for Gov. Michelle Lujan Grisham asserted Friday the governor 'expects all state agencies to provide timely responses to requests for public information and to provide that information as required under IPRA law.'
However, Michael Coleman did not comment specifically on the allegations in the lawsuit. He wrote in an email Friday he would need more time to provide a substantive response on behalf of Lujan Grisham's office.
'I can say this, though: Gov. Lujan Grisham is certainly committed to transparency,' Coleman wrote.
He added, 'She defers to law enforcement experts to handle law enforcement matters, including investigations and the public release of related information.'
Slow to announce death
Jesus Contreras had made several 911 calls Sept. 4, reporting to dispatchers he was armed and suicidal, Santa Fe police said in an arrest warrant affidavit charging him with two counts of assault on a peace officer.
Officers encountered him in an Allsup's parking lot around 9:30 p.m., the affidavit said. He was sitting in his vehicle.
Police used a bullhorn to encourage him to get out of the vehicle, according to the affidavit, but the window of his vehicle was open only slightly, and they couldn't clearly hear his responses.
Eventually, he got out of the vehicle and pointed a revolver at police, the affidavit alleged, adding several officers fired at him, and he fell to the pavement, wounded.
Contreras was taken to Christus St. Vincent Regional Medical Center for treatment. Santa Fe police Deputy Chief Ben Valdez wrote in an email Sept. 5 he was in 'stable, but critical condition' at the time.
Santa Fe police did not inform the public Contreras had died until Oct. 25, when the agency named the officers who had fired at him.
Midway through the statement was news of his death: 'Mr. Contreras succumbed to his injuries on September 19, 2024,' it said.
'Officers gave Mr. Contreras commands to get out of the vehicle unarmed,' the statement said, adding, 'He exited the vehicle armed with a firearm.'
Three officers — Sgt. Charles Laramie, Officer Rachel Cortez and Officer Mitchell Torres — fired their weapons toward Contreras, 'striking him at least once.'
No officers were injured during the incident. However police filed charges against Contreras, accusing him of assault on a peace officer.
Valdez referred questions last week about how many bullets had struck Contreras to state police.
Asked why the city department didn't notify the community of Contreras' death until more than month after he died, Valdez wrote in an email, 'I apologize for the delayed notification on the passing of Mr. Contreras, I will work with our department staff to avoid delays in the future.'
Irrelevant records
The New Mexican submitted a request in September to the city of Santa Fe for officers' lapel camera videos from the incident that led to Contreras' death. The city said the request was burdensome and extended the deadline to provide them four times before some of the videos were released Jan. 6.
None of the 18 videos released in response to the request — with 26 more still to come, according to records custodians — shows officers shooting Contreras.
Rather, the clips show what officers were doing before and after the shooting.
One shows an officer en route to the scene, siren blaring, having a discussion over the radio about scheduling.
Another shows officers chatting in the parking lot after the shooting.
There is footage of officers putting on personal protective gear at Christus St. Vincent, and a clip of an officer entering the hospital room where Contreras lay in a bed — unconscious, intubated and covered only by a sheet. The officer snapped photos of Contreras' body with a cellphone.
It remains unclear whether state police have completed an investigation into the incident. Spokesperson Ray Wilson said Friday he would check with investigators to see if the case file regarding the fatal shooting of Contreras was forwarded to the District Attorney's Office for review to determine whether it was a justified police shooting.
However, he did not provide the information.
Neither District Attorney Mary Carmack-Altwies nor her spokesperson, Catherine Lynch, responded to emails asking if the office had received the case.
Ives, the attorney representing Consuelo Contreras, wrote in a text message Friday, 'I have unfortunately investigated many instances of law enforcement shooting civilians. This is by far the most difficult time I have had gathering the basic information concerning how and why it happened.'
She added, 'The lack of transparency doesn't just impact Jesus's family. Everyone should be concerned when the government conceals its acts.'