Dear Mr. Schwanitz:
My office will close out your public records request dated May 11, 2019 (identified as #19-3004), which sought copies of the following records:
Thank you for your patience during this process. The City has completed our search and review of all responsive records. We now have the non-exempt responsive records available for your inspection or you may purchase a copy of the non-exempt records. Please be aware, my office redacted protected personal identifier information contained in those records, pursuant to NMSA 1978, § 14-2-1(B). We have redacted/exempted portion(s) of the 911 call(s) because those contain medical records exempt pursuant to NMSA 1978, Section 14-2-1(A)(1). Please also be aware that the City was unable to locate any records that are responsive to your request #3 for lapel video from the officer that arrested and took Darian Bashir into custody.
Lastly, my office also determined is was necessary and appropriate to withhold the production of certain record(s) that are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1(A)(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 those 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 publicrecords 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.
You may access your account by signing into your NextRequest profile at the following website: https://nextrequest.cabq.gov/users/sign_in
If you have not created a profile, go to the following link: https://nextrequest.cabq.gov/sign_in_help
My office will now close this request. Please do not hesitate to contact me if you have any questions or comments.
APD IPRA Records Custodian
O (505) 768-2137