ALBUQUERQUE, N.M. — Video of a DWI arrest and a shocking recording between that suspect and a local attorney is shining light on an alleged scheme that involved APD officers for years.

The ACLU is now representing the man who was pulled over. In an interview, they said their client was extorted.

That video is from June 25, 2023, when Carlos Sandoval-Smith was pulled over by Officer Joshua Montano for speeding. However, the reason for the initial stop didn’t stick.

Montano had Sandoval-Smith get out of the car and complete a series of field sobriety tests. Sandoval-Smith blew below the legal limit twice and was booked into jail. One of his attorneys, Taylor Smith, said Montano then pointed his client in the direction of Thomas Clear III.

“Throughout the entire interaction with Officer Montano, Mr. Smith was cooperative. He answered his questions, he was honest, and participated in brief field sobriety tests that he passed and was ultimately booked into MDC and taken to jail,” said Taylor Smith, a cooperating attorney with the ACLU of New Mexico.

Clear’s office was raided by the FBI in connection to dismissed DWI cases last month.

Sandoval-Smith went to his office back in 2023 and recorded his conversation with a paralegal.

Carlos: What is in your opinion, my next best step to try and not get this on my record? What do you recommend I do?
Paralegal: Here it is… I tell everybody if you need to get off of this…
Carlos: I do.
Paralegal: Okay, you’re at the right place.

“Mr. Smith was directed by Officer Montano to reach out to Clear’s office and ultimately was met by Mr. Clear’s staff who I believe was a paralegal and instructed on, ‘If you play the game, we will get this to go away,’ which is completely inappropriate,” said Smith with the ACLU of New Mexico.

That conversation between his client and the paralegal continues for 18 minutes:

Paralegal: We charge $8,500 and you can do it in payments, or you could pay $7,500 upfront.
Carlos: With you representing me that would guarantee that this doesn’t go on my record?
Paralegal: Yes.

“Mr. Smith immediately after meeting with Mr. Clear’s office was obviously aware that this was not an appropriate interaction with a lawyer’s office and instead went to the public defender’s office where he met with attorneys, was provided an attorney, and immediately told them what took place, and his attorney brought it to the attention of federal investigators,” said the cooperating attorney with the ACLU of New Mexico.

KOB 4 took a closer look into Sandoval-Smith’s case. His case was on the long list of DWI cases the Bernalillo County District Attorney was forced to dismiss due to an ongoing federal investigation. His case was dismissed in January 2024.

“Every person in the public should feel safe regardless of what they are being pulled over for. No one should ever be subject of extortion by officers or lawyers. There is no place in our system in our city or state for this type of corruption to take place,” said Smith, the cooperating attorney.

The FBI is investigating APD officers who repeatedly missed court. The department is also doing its own internal investigation.

MORE:

• APD reassigns Internal Affairs lieutenant allegedly connected to DWI unit investigation
• APD places Internal Affairs commander on leave
• Federal investigation forces dismissal of DWI charge against repeat offender
• Albuquerque police lieutenant resigns amid investigation into DWI unit