Latest news with #CYFD
Yahoo
25-06-2025
- Yahoo
‘DWI King' cashing in while his cases crumble
LOS LUNAS, N.M. (KRQE) – He was known as the 'DWI King,' making hundreds of drunk driving arrests for the state's largest police force, before his name was connected to the ongoing federal DWI corruption investigation. KRQE Investigative Reporter Gabrielle Burkhart reveals how this is impacting recent drunk driving cases, and how much the officer is getting paid to stay off the force. Latest from KRQE Investigates Former APD officer tied to DWI scandal now working in Durango 'DWI King' cashing in while his cases crumble Behind The Story: Kids Sleeping In CYFD Offices 8th officer pleads guilty for role in DWI Unit scandal KRQE Investigates: Can CYFD finally end kids sleeping in offices? New Mexico State Police Sergeant Toby Lafave is known for cracking down on drunk driving in New Mexico. 'I love this uniform, I like serving the public,' he told KRQE News 13 during a 2019 interview. Lafave held a long reputation for holding people accountable. His own dash and lapel police cameras capture his hundreds of arrests over the years. The so-called 'DWI King' joined the force more than 20 years ago, and was featured on billboards for the state's 'ENDWI' campaign. 'By the time someone is arrested for DWI, it's not usually their first time,' explained Barbara Romo, District Attorney for the 13th Judicial District. 'It's just the first time they get caught, right?' The idea that Lafave was a straight shooter — one who upheld the law and kept the streets safer — made it all the more shocking when his name got tied to the ongoing federal investigation into the state's biggest DWI corruption scandal. It's a scheme involving officers working with a now-disgraced defense attorney, accepting cash to get DWI cases dismissed. Thomas Clear III and his paralegal, Ricardo 'Rick' Mendez, have since pleaded guilty in federal court to RICO conspiracy charges. Lafave's name was placed on the Bernalillo County District Attorney's 'Giglio list' in February, joining more than a dozen other law enforcement officers who are no longer considered credible witnesses in court. It's part of the pending federal investigation into officers participating in the corruption scheme. 'If you're betrayed by a stranger, it's like, well, that's that person – what can you do?' Romo explained. 'But then it starts getting, it hurts a lot more. It stabs you a little bit deeper when it's someone that you should be able to trust with these cases,' she added. DA Romo is responsible for prosecuting cases in Cibola, Valencia, and Sandoval counties. But without an arresting officer's testimony, a conviction, especially in a DWI case, isn't possible. 'We can't prosecute any of his cases where he's the primary officer,' Romo explained. 'I've been doing this a long time, so you think that you've seen it all, but then something like this happens and you realize that you haven't,' New Mexico State Police Chief Troy Weisler told KRQE in a February interview. Chief Weisler said he got a call from the FBI and immediately placed Lafave on administrative leave on February 13th. The pending cases Lafave handled were automatically dismissed in court, with no consequences for the accused. 'I've never been to jail, please, sir! Please!' One driver pleaded with Lafave during her DWI arrest in December. The woman admitted to drinking and driving, confessing to her arresting officer, Sgt. Lafave, 'I drink sending my kids to school.' She's heard on lapel video telling the Sgt., 'I need to contact my father because honestly, he's probably super mad at me.' Lafave replied, 'At least you're alive, you know?' What could have been a harsh lesson for that young mom is now a lucky break. It's a similar story again and again. 'I'd rather you be late for curfew than me scrape your body off the roadway because someone chose to drive drunk,' Lafave is heard on lapel video telling young passengers during a recent DWI stop. Dozens of Lafave's most recent encounters with apparent drunk drivers – many of them young – now amount to dozens of free passes in court. In one traffic stop, Sgt. Lafave made in September, he asked the young driver how old she was. 'I'm 19,' she replied. 'I was trying to catch up to you,' Lafave told her. 'You actually reached a speed of 98 miles an hour.' The teenage driver he stopped from flying on the freeway around 4 a.m. that day is seen on lapel video failing field sobriety tests. Below is a transcript from a portion of her field sobriety test administered by Lafave, as he attempts to have her recite a portion of the alphabet: Lafave: Starting with the letter H as in Henry, stopping at the letter R as in driver: I can't do You can't do that test? Why not?Teen driver: Wait, H?Lafave: start at H and stop at driver: I can' Why not?Teen driver: I've never had to count backwards by Okay. One, you're not counting. You are reciting the alphabet forward. Lafave arrested the 19-year-old for DWI. While handcuffed in the backseat, the teenage driver gives Lafave attitude. 'It's gonna automatically get duh-missed,' she shouted from the backseat. 'Duh-missed?' He replied. 'I ain't gonna get charged with s***!' She told Lafave, while calling him names during the remainder of her arrest. As fate would have it, she was right. Her case was dismissed this year, but not because she proved to anyone that she wasn't driving drunk that night. It's a glimpse of the nearly 40 pending DWI cases prosecutors were forced to drop due to Lafave losing credibility. Hers is among the seven case dismissals that reach beyond the metro. 'Yeah, it doesn't send a good message,' explained DA Romo. 'But by the same token, I can honestly say that the vast, vast majority of law enforcement officers I've worked with across the state, they're out there doing their job, and I guarantee you they hate this more than anybody,' she added. Lafave is still on administrative leave pending the federal and now internal investigation by New Mexico State Police. KRQE Investigates confirmed through public records that Sergeant Lafave is still making a full $54-an-hour paycheck while on leave. That amounts to Lafave getting paid more than $39,000 and counting to stay off the streets. And while the public has seen at least seven officers criminally charged in the scheme, the feds so far have not charged Lafave. His long-standing crusade against drunk drivers is now clouded with questions about his own conduct. In Bernalillo County, the District Attorney's Office was forced to dismiss nearly 300 DWI cases as a result of officers losing credibility in court. New Mexico State Police tells KRQE their internal investigation into Lafave is still ongoing. While DA Romo was forced to dismiss pending cases involving Lafave, she said she will not be going back through adjudicated cases handled by compromised officers. That is, unless a defense attorney files a motion to do so. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14-06-2025
- Yahoo
Prosecutor: Chances missed to remove 4-month-old from home before his death
Jun. 13—Officials missed opportunities to remove a 4-month-old boy born addicted to fentanyl from his home prior to the child's June 5 death, a prosecutor said Friday at a detention hearing for the child's mother. Prosecutors allege that the Albuquerque couple contributed to the death of their infant child by using fentanyl, heroin and methamphetamine in their home where the child was found dead. The boy's mother, Gabriella Muniz, 27, was ordered Friday by 2nd Judicial District Judge Courtney Weaks to remain in custody while awaiting trial on a charge of abandonment or abuse of a child resulting in death. Weaks last week ordered Muniz's co-defendant, Victor Gonzales, 46, held in custody pending trial. Both are charged with abuse of a child resulting in death. Muniz also picked up a new felony charge Thursday for allegedly possessing fentanyl in her jail cell at the Metropolitan Detention Center, according to a criminal complaint filed in Municipal Court. Muniz was charged after another inmate was hospitalized for a drug overdose on June 6. Assistant District Attorney Rebekah Reyes told the judge Friday that Muniz refused to submit to a drug test in February as required under a Children, Youth and Family Department safety plan. CYFD imposed the plan because the boy was born addicted to fentanyl on Jan. 28. "Both defendants were ordered to complete drug testing by CYFD," Reyes said. Muniz went to the testing center Feb. 10 but claimed she was not allowed to provide a sample because she had arrived after 4 p.m., Reyes said. "She was then instructed to go the following day and that is when we have the refusal to provide that sample," Reyes said. "I don't know why the refusal to provide a sample did not immediately yield CYFD filing to take this infant into custody, but it did not." The boy, identified in court records as C.M., remained in a hospital until Feb. 24, where he received a morphine drip to wean him off addiction to fentanyl, Reyes said. "On the 24th of February, 2025, is when the last time CYFD had eyes on this infant," she said. CYFD workers made numerous attempts to reach the couple from February through June by phone, text and in-person visits but were unable to make contact with the family, she said. On June 3, two days before the child's death, a CYFD worker requested a welfare check for the child "due to no contact with C.M. and the family," according to a criminal complaint. Bernalillo County Sheriff's Office deputies went to the couple's home in the 100 block of Sarah NW that day, but were unable to take action because CYFD's 21-day safety plan had expired, Reyes told the judge. Deputies made contact that day with Muniz's mother, who was in charge of ensuring the child's well-being under the safety plan, she said. "BCSO did go to the residence and they were advised by the defendant's mother that her understanding was the infant was on a 21-day safety plan, and that at the end of that safety plan, the infant could go back with the family," Reyes said. "That is, in fact, correct," she said. "The infant was only on a 21-day safety plan. There was nothing in place as to what was going to happen after that 21 days expired, so there was nothing deputies could do at that point. CYFD had not filed for custody of this infant at that time." CYFD said in a written statement that the agency could not comment because the case remained under investigation. CYFD also said it was "cooperating fully with investigating authorities." "The death of any child is a profound tragedy, and our hearts go out to all those affected by this loss," CYFD said in the statement. "State and federal confidentiality laws strictly govern what the Children, Youth, and Families Department can disclose regarding individual cases. As this matter remains under active investigation, CYFD cannot provide additional information at this time." Reyes said Muniz has previously lost custody of two children. Muniz's attorney, Deidre Ewing, said that no cause existed to hold Muniz in custody while awaiting trial. The Office of the Medical Investigator has not released a report indicating the cause of the boy's death, Ewing said. "We're putting the cart before the horse," Ewing told the judge. "There is not yet evidence to say that a crime has been committed." Ewing also said that Muniz has never been convicted of a felony and shows symptoms of postpartum depression, a mood disorder that can occur after childbirth. "We cannot be in the business of criminalizing people suffering from psychological disorders, with respect to the records on the drug testing and the records from CYFD that have been discussed," she said. Muniz has been charged with criminal offenses dating to 2019, including armed robbery and kidnapping, but all the charges have been dismissed, court records show. On Thursday, Muniz was charged with possessing a synthetic narcotic after she allegedly provided a corrections officer a container that contained a "white powdery residue" that Muniz identified as powdered fentanyl, according to a criminal complaint. The new charges against Muniz arose from an incident that occurred in MDC on June 6, Reyes said. An inmate was found unresponsive, was given Narcan and transferred to University of New Mexico Hospital. The inmate recovered. Muniz allegedly introduced powered fentanyl into the cell, Reyes said. "The defendant did admit that she did have the fentanyl on her," Reyes said. "She admitted that it was pure powder fentanyl, and it was confiscated from her."
Yahoo
14-06-2025
- Yahoo
Woman held in custody on child abuse charge in Albuquerque
ALBUQUERQUE, N.M. (KRQE) — A woman being charged in connection to the death of her four-month-old was in front of Judge Courtney Weaks for a detention hearing on Friday. Gabriella Muniz is also facing a possession charge. New Mexico MVD warns residents about ongoing wave of scams Muniz was arrested after she admitted to having powdered fentanyl on her in lock-up. The prosecution added that Muniz and her co-defendant Victor Gonzales, the child's father, refused to do a CYFD-ordered drug test after the baby was born with meth and fentanyl in their system. CYFD did not remove the baby from their custody. Based on the new arrest and Muniz's noncompliance with court orders, Judge Weaks ruled Muniz to remail locked up through trial. Gonzales is also being held. Both are facing charges for child abuse resulting in death. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-06-2025
- Politics
- Yahoo
Report: New Mexico ranks last in the nation for child well-being, again
Jun. 11—New Mexico has once again been ranked the worst state in the country for child well-being, according to the newest annual Annie E. Casey Foundation Kids Count data book. The study, which utilizes data from 2023, focuses on four categories: economic well-being, education, health and family and community. The most recent study marks the fifth consecutive year in which New Mexico has earned the 50th spot. Among the four categories, the state came in last for education and family and community; 49th for economic well-being; and 46th for health. Those results reflect a marked lack in progress over the five years since the state received a 2018 landmark ruling that its public education department was violating students' constitutional rights with the quality of instruction provided — and a subsequent May ruling that it had not done enough to improve. The Children, Youth and Families Department (CYFD) remains marred in controversy. The state also has one of the lowest average median household incomes in the U.S., and while the state has the second-richest sovereign wealth fund in the nation and has, in recent years, markedly spent more on education, those efforts have yet to yield discernible dividends. New Mexico's lackluster rankings don't surprise Daniel Crespin, a father of eight who lives in the International District and works part-time as a plumber, allowing him to spend more time at home caring for his children. "My middle schooler is reading at a lower grade level, and they're not doing anything to push them in school," Crespin said. He added that the cost of childcare would be burdensome to the family. "It's really hard to get help out here, and there are some programs that try to do something, but the funding is not there. It's always going somewhere else," he said. Spending time at North Domingo Baca Park with her 5-year-old daughter Isla Vigil and the girl's father Isaac Vigil, Amanda Alire expressed a similar sentiment, noting that her 13-year-old son, who's enrolled in Santa Fe Public Schools, is reading at a "fourth-grade" level. She added that she works two jobs and north of 70 hours a week to provide for herself and her children, whom she had been raising alone — Vigil was in prison until earlier this month. But, as a result, her income puts her above the poverty threshold. "I don't get any other support, I don't qualify for any assistance," Alire said. "There's nothing that would help because they say you make too much money, even though you're taking care of two kids by yourself with one income." Noting that the state has passed a slew of policies directed at improving education and childhood well-being since 2023, nonprofit New Mexico Voices for Children — which partnered with the Annie E. Casey Foundation on the report — believes the state's ranking could change in the coming years. They also think the state's circumstances and demographics don't warrant a comparison to others. "Other states have vastly different circumstances than New Mexico, whether that's their population, their racial and ethnic makeup, their just general structure," Gabrielle Uballez, executive director of the organization, said in a May interview. "We like to look at comparing New Mexico to itself." House Democrats cited several bills approved during this year's 60-day legislative session that could benefit New Mexico children, including a $10.8 billion budget bill that directs over $100 million to transitional housing and the state's Early Childhood Education and Care Department. They also cited the creation of a new state Medicaid trust fund that could help the state weather federal funding decreases, legislation expanding childcare assistance for prekindergarten children and established an outside oversight office to review complaints involving CYFD. "I'm a big believer in data, data is always good. It helps us improve. I'm really proud of all of the work we've done over the last several legislative sessions," House Speaker Javier Martínez, D-Albuquerque, said in a phone interview. "Those are all good things, and I think that eventually we'll see those returns. Having said that, I do think that there's more work that remains to be done." Some New Mexico lawmakers question if the state's increased spending and new policies are yielding results. "We have had unprecedented investments in early childhood education, we've had the Zuni lawsuit and Yazzie-Martinez lawsuit, and even this year, the judge says we are not making improvements on educational outcomes," Rep. Rebecca Dow, R-Truth or Consequences, said in a phone interview. "It's time for parents to be in charge of their kid's education and for dollars to follow students. We are so far behind the curve ... we can look to any state and do better." She also expressed support for school-choice programs, noting declining enrollment in public schools and saying that "poverty is an excuse" and that "if poverty is keeping children in a failing school system, all the more reason to pass school choice." "The courts agreed the families who felt like the public education system was failing them went to court, and the courts agreed that New Mexico is failing to adequately educate students. The remedy was to give money to the system that was failing students," Dow said. "It's time to stop funding the same system, and one size will never fit all."
Yahoo
28-05-2025
- General
- Yahoo
Lawmakers vow further exploration of CYFD reforms in interim before 2026 session
New Mexico lawmakers created a new child advocate position to oversee the troubled CYFD agency. (Dean Hanson/Albuquerque Journal) New Mexico lawmakers said Tuesday they plan to investigate more reforms for the state's troubled child welfare agency in advance of next year's legislative session, pointing to the recent tragedy of a 16-year old foster child's suicide as a catalyst for further action. The Courts, Corrections and Justice Committee convened at the Roundhouse for the first meeting of the interim, which included a presentation on recent reforms to the Children, Youth & Families Department lawmakers passed in the 2025 Legislative session. Specifically, House Bill 5 created an Office of the Child Advocate, which will be administratively attached to the state Department of Justice. Tuesday's hearing also exposed continued tension over the management of CYFD. The troubled agency has faced increased scrutiny over rising costs of settlements for maltreatment and deaths of children in custody from years past, as well as the housing of children in offices, which have included incidents of injury from private security guards. New Mexico Attorney General Raúl Torrez in April announced an investigation into the April death. In a recent interview with Source, Gov. Michelle Lujan Grisham, who has clashed with the AG over CYFD, said the agency intends to abide with the Legislature's reforms 'in a robust and cooperative manner.' Sen. Joe Cervantes (D-Las Cruces), who co-chairs the interim committee with Rep. Christine Chandler (D-Los Alamos), said New Mexico was failing to protect children in state custody which he called 'our most important, sacred responsibility.' 'We're not saving lives, we have children who are dying on our watch,' he said Tuesday. Cervantes alluded to Jaydun Garcia, the 16-year old who died by suicide in congregate care in April, but also mentioned a second case: 'I cannot go into detail, that we had another suicide: a young woman who was pregnant at the time in our state custody.' CYFD spokesperson Jessica Preston said she could not corroborate Cervantes' statement. 'State and federal confidentiality laws strictly limit what the Children, Youth, and Families Department can confirm or disclose about individual cases. We are only authorized to release information when it is determined that abuse or neglect caused a child's death,' Preston said in a written statement. 'Accordingly, no information can be provided.' CYFD was not invited to testify at today's meeting, both Cervantes and CYFD confirmed, with Preston noting that the agenda item related to the new office attached to the NMDOJ. CYFD Cabinet Secretary Teresa Casados 'has said on many occasions that the Department welcomes oversight, and we look forward to collaborating with the new Office of Child Advocate to serve the children, youth, and families of New Mexico when it is up and running,' Preston wrote. Lujan Grisham line-item vetoed $1 million earmarked for Office of the Child Advocate from the budget, but allowed both a $650,000 appropriation the New Mexico Department of Justice to set up the office and $300,000 for CYFD to hire additional staff to respond to inquiries from the advocate to remain in the budget. Attorneys for NMDOJ said they would be able to stand up the office with the $650,000 appropriation, but would seek further funding in 2026. 'That sets us on a pretty good entry point,' said Billy Jimenez, the deputy attorney general for civil affairs at NMDOJ. 'From a purely administrative standpoint, we can provide staff to assist whether that's paralegals or clerical staff, HR staff. But I think, at the end of the day, we want to make sure that that office maintains… independence [and] their own paralegals and staff over time.' Further decisions about staffing the office will be made once the child advocate is in the role Jimenez said. The state is still in the process of appointing a statutorily required state child advocate selection committee, which is required by law to meet before Sept. 1 to consider recommendations for the state child advocate. Within 30 days of meeting, the committee is supposed to recommend a short list of candidates to the governor, who will make the appointment.
