Request #18-6819
  Closed

Case Files


Received

November 27, 2018 via web


Departments

Albuquerque Police Department


Requester

Andrea V. Mora,


Invoices

Documents

Public

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Staff

Point of Contact

Nyvia Barraza

Request Published Public
December 19, 2018, 4:10pm
Request Closed   Hide Public

Dear Ms. Mora,

My office will close out your public records request dated November 27, 2018 (identified as #18-6819), which sought copies of the following records:

 

This office requests to inspect and obtain copies of records regarding the officer-involved shooting on November 4, 2018 at the apartment complex near the intersection of Gibson and Louisiana in Southeast Albuquerque, or regarding the underlying incident at that location involving Anthony Chavez (also known as David Chavez). Specifically, we request copies of documents and materials including, but not limited to, all investigative and supplemental reports, lapel camera footage, audio recordings, third-party surveillance video, cellphone records or recordings (including those obtained from witnesses), CADs and CAD printouts, dispatch and radio transmissions and 911 calls, recorded or written witness statements, and any other photographs, diagrams, reports, or physical evidence collected or created in the course of the investigation or prosecution of this case.
This office requests to inspect and obtain copies of records regarding the officer-involved shooting on November 4, 2018 at the apartment complex near the intersection of Gibson and Louisiana in Southeast Albuquerque, or regarding the underlying incident at that location involving Anthony Chavez (also known as David Chavez). Specifically, we request copies of documents and materials including, but not limited to, all investigative and supplemental reports, lapel camera footage, audio recordings, third-party surveillance video, cellphone records or recordings (including those obtained from witnesses), CADs and CAD printouts, dispatch and radio transmissions and 911 calls, recorded or written witness statements, and any other photographs, diagrams, reports, or physical evidence collected or created in the course of the investigation or prosecution of this case.

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. 

 

Sincerely,

 

Nyvia Barraza

APD Records Custodian/Records Supervisor

400 Roma Avenue NW, Alb., NM 87102

Office (505) 768-2137

Cell (505)-980-4944

 

December 17, 2018, 12:00pm
Department Assignment Public
Albuquerque Police Department
November 27, 2018, 2:43pm
Request Opened Public
Request received via web
November 27, 2018, 2:43pm