Dear Mr. Schwanitz
My office will close out your public records request dated November 20, 2018 (identified as #18-6705), which sought copies of the following records:
Officers responded to 3912 67th St NW in reference to a domestic violence call with a male armed with a firearm. Officers arrived on scene and observed a male armed with a firearm. Officers attempted contact with the armed subject, and the male made threatening statements and fired multiple shots at officers on scene. Shots were fired by at least one officer on scene. Officers provided first aid to a male subject on scene, rescue personnel arrived on scene and transported the male to UNMH for treatment of injuries he sustained.
First off, I apologize for the delay in communicating with you on this request. The City has not completed our search and review of the requested records. Unfortunately, we cannot permit inspection of these records because they are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1A)(4) (confidential law enforcement records); § 14-2-1(A)(8) (otherwise provided by law) including, but not necessarily limited to NMSA 1978, § 29-10-1 et seq. (Arrest Record Information Act). If made public the requested records would seriously interfere with the effectiveness of a criminal investigation or prosecution. Additionally, if produced those records might unfairly cast suspicion on or invade the privacy of an individual accused but not indicted for an alleged criminal offense. Right now my office is unsure how long we will continue to maintain this exemption, however, you are welcome to submit a new public records request for the same records at a later date. Additionally, you are also welcome to call my office and ask for an update on this investigation or submit an oral public records request.
My office will close out your request. Please let me know if you have any questions.
APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137