Dear Mr. Schwanitz:
This correspondence regards your Inspection of Public Records Act (“IPRA”) request dated July 18, 2018 and received by my office soon thereafter. The request sought to inspect the following records:
This is a formal request under the New Mexico Inspection of Public Records Act. I wish to inspect the following records pertaining to SWAT incident at Western Trails and Unser on Wednesday, July 18.
- All police reports.
- All 911 calls, all radio dispatch calls, all photos
- all surveillance, lapel, RTCC, dash-cam and witness videos tagged into evidence for this investigation related to searches, and interviews. This includes lapel videos from the release of three adults and a child as well as the standoff. This includes lapel video of the suspect shooting at officers on scene and officers shooting the suspect who died on scene.
First off, I apologize for the delays in communicating with you on this request, and I appreciate your patience during the process. My office is completing our review of the responsive records that existed at the time your request was submitted, and we have identified certain non-exempt responsive records that can be made available for your inspection. Those records are as follows: the 911 recordings, certain CADs, and initial reports; please be aware that my office redacted protected personal identifier information contained in those records, pursuant to NMSA 1978, § 14-2-1(B).
You may pick up copies of the non-exempt responsive records at:
SECURITY STATION – 1st FLOOR
Law Enforcement Center
400 Roma Ave. NW
Albuquerque, NM 87102
Please contact (505) 768-2137 or (505) 768-2141 between the hours of 8:00 – 4:30. Provide security with a copy of the attached invoice. Please make payment by cash ($0.00) or billed to your account. Payment may also be made by company check made payable to City of Albuquerque.
If you are seeking to inspect the responsive records at no cost, then please contact my office and we will provide more information on the location of that inspection. The inspection may take place either at the aforementioned location, but more likely it will occur at the Office of the City Clerk, located at 600 2nd Street NW, Albuquerque, NM 87102. That office is located on the 7th floor of that building. Please contact the Office of the City Clerk (505) 924-3650 if you have any questions related to the inspection at their office.
As for the remaining records, we cannot permit inspection of these records because they are exempt from disclosure under IPRA, NMSA 1978, § 14-2-1(A)(4) (confidential law enforcement records); and NMSA 1978, § 14-2-1(A)(8) (otherwise provided by law). If made public the requested records would seriously interfere with the effectiveness of a criminal investigation or prosecution. At this time my office is unsure how long we will continue to deem the requested records exempt under the law, however, we encourage you to resubmit your request at a later date.
Thank you again for your continued patience regarding this request. My office will now close out this request.
Please let me know if you have any questions.
Office of the APD Records Custodian
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137
Cell (505) 980-4944 between the hours of 8:00 AM – 4:30 PM.