Latest news with #IPRA
Yahoo
08-06-2025
- Yahoo
State withheld records in Rio Arriba sheriff death investigation
The New Mexico Department of Public Safety took 42 days — far beyond the 15 days allowed by state statute — to release information this week about the mysterious April death of Rio Arriba County Sheriff Billy Merrifield. Forensic pathologists reported May 15 that Merrifield's Easter morning death was due to the toxic effects of fentanyl and alcohol. Other questions remained unanswered, including whether the sheriff knowingly consumed fentanyl and where he may have obtained it. In the days after Merrifield was found dead in his patrol car April 20, The New Mexican filed a public records request for related police reports and other information. At first, the Department of Public Safety refused to release additional records. Next, it described the request as burdensome, buying the agency more time. After additional complaints from The New Mexican, it released a batch of investigative reports Thursday evening — 42 days after receiving the request. Those records — 105 pages of reports, photos and other documents — show the agency's investigators have not yet determined how Merrifield ingested the fatal dose of fentanyl that caused his death, along with alcohol. The recent secrecy over Merrifield's death reflects a pattern of slow-walked disclosure of public records like state police reports and lapel camera footage, shielding public information on homicides, crashes, police shootings around the state and other public safety-related incidents. The department's initial decision to withhold police reports from the investigation — as well as documents in another unrelated case — appears to have potentially run afoul of state public records laws and a Supreme Court ruling in recent years. Department of Public Safety spokesperson Herman Lovato declined to respond to some questions about the matter in an email Friday, but he wrote each request through the New Mexico Inspection of Public Records Act 'is addressed individually' by department staff. 'If it involves an active or ongoing investigation, records that are complete will be produced if not subject to an exception, even on an active or ongoing investigation,' Lovato wrote. 'If the records have not been completed because of an active or ongoing investigation, they may be temporarily withheld until completed.' He wrote the department's process 'aligns with New Mexico Supreme Court precedent and the requirements of IPRA.' However, the department's written reason for denying a recent request for state police reports tied to Merrifield's death did not appear consistent with the process Lovato described. In response to a request from The New Mexican seeking reports on Merrifield's death, a staff member at the department's records division wrote in early May, 'this is still a active/on going investigation and I was not given the approval to release the documents as they are still being [processed].' About two weeks later, the department's reasoning changed, with a different staffer writing the request for reports was 'overburdensome.' The records were finally released Thursday after The New Mexican submitted a complaint concerning an alleged violation of the Inspection of Public Records Act to the Department of Justice — and after sending emailed questions about the records request to officials that day. Advocate: Court ruling 'clear' Christine Barber, the executive director of New Mexico Foundation for Open Government, said in an interview the department's initial denial of the request appeared to potentially violate a state Supreme Court ruling a few years ago on the specific topic of records in active law enforcement investigations. The ruling came as a result of a lawsuit brought by Andrew Jones against the Department of Public Safety, which had denied his request for records related to a state police investigation into the fatal shooting of his brother by Albuquerque police officers. Barber said the 2020 ruling was clear, holding that 'the status of a criminal investigation as 'ongoing' does not serve to exempt public records related to the investigation from inspection under [the Inspection of Public Records Act].' 'Sometimes government agencies need to be reminded of the law,' Barber said, noting past litigation between the Foundation for Open Government and the Department of Public Safety. In a 2007 settlement between the department, the foundation and several news publications — including The New Mexican — department officials agreed to provide records like incident reports within the 15-day timeline required by state law. An attorney for the government transparency group said at least one other journalist reported receiving a similar response recently when requesting the reports on Merrifield's death, but she added she did not recall other recent instances of state law enforcement agencies explicitly citing an open investigation as the reason for denying or delaying the production of records. The Department of Public Safety cited the Supreme Court's decision in a letter denying a different request from The New Mexican earlier this year for an incident report in a different death investigation. In the letter, staff acknowledged the court ruling stated exemptions to public records law 'cannot be interpreted so broadly as to withhold records simply due to the existence of an ongoing investigation.' The letter described exemptions that allow for redactions of parts of records, like names of potential subjects and informants, and ultimately stated the agency would withhold the entire report. 'Once the investigation is closed and no longer subject to these legal restrictions, certain records may become available for inspection,' the letter states. Weeks to fulfill requests While records are not usually withheld outright by the Department of Public Safety, it often takes several months to disclose reports from an investigation. In the past two years, The New Mexican has submitted at least 24 requests to the Department of Public Safety seeking reports or other documents such as the agency's written policies, lists of employees or financial data — not including requests for records like police lapel camera footage. The department provided the requested records in an average timeframe of more than two months per request. A little more than half of the requests for police reports or other documents were deemed 'broad' or 'burdensome' by the department's record staff, which allows for delays longer than 15 days. As of Friday, records have not been provided in response to two of the requests. Department of Justice spokesperson Lauren Rodriguez said attorneys from the division that investigate public records complaints had contacted the Department of Public Safety earlier this week regarding the complaint from The New Mexican. The investigators — after being assigned a complaint — usually contact the government agency in question to obtain more information, she said. They are trying to determine if there is actually noncompliance as well as whether the agency's staff knew their actions were out of compliance and whether they acted purposely in denying or delaying a records request. Apart from the complaint submitted against the Department of Public Safety by The New Mexican, the department has been the subject of one other records-related complaint so far this year to the Department of Justice, Rodriguez said. Gov. Michelle Lujan Grisham's office did not respond to an email seeking comment on the Department of Public Safety's practices concerning the release of public records. Lujan Grisham stood behind the department when asked about the issue last year, with a spokesperson writing the governor 'defers to law enforcement authorities to determine when the release of information is appropriate based on the status of ongoing investigations, notification of next of kin, etc.'
Yahoo
04-06-2025
- General
- Yahoo
Santa Fe police haven't provided reports on downtown shootings
Editor's note: The Inspection of Public Records Act (IPRA) 'enables access to public records of governmental entities in New Mexico,' according to the New Mexico Department of Justice. Public Records Watch is an occasional series from The Santa Fe New Mexican that documents how public agencies respond to IPRA requests. Police have been sparse on details regarding two downtown shootings in recent months and have still provided no reports from their investigations of either incident. 041723 md (copy) Alvin Crespin enters a plea during a hearing in 2023 in the First Judicial District Court. He was shot to death April 25 in De Vargas Park. Records staff from the city of Santa Fe have estimated it will take two months to provide any police reports related to the fatal shooting of Alvin Crespin at De Vargas Park in late April. The city also has yet to provide any reports on another fatal shooting in early May in downtown Santa Fe. A man was charged with shooting and killing Crespin at the downtown Santa Fe park April 25, and a woman was accused of conspiring in the homicide and acting as a getaway driver. Police arrested the suspects, Pierre Cheykaychi and Alexis Chavez, in the week after the shooting. A request for police reports related to the investigation was submitted April 28. Records staff have estimated they will be able to produce the reports June 27. City staff have pushed back the expected date to provide the reports twice, deeming the request for police reports in a single murder investigation "excessively burdensome or broad," a designation that allows city staff to take longer than 15 days to produce records in response to a request. Little is still known about the shooting death of Raven Iron Lightning Scott on May 12 in downtown Santa Fe — including whether Scott's death was a homicide. Police have declined to answer questions about the fatal shooting, including those seeking details about the circumstances of his death. Raven Raven Iron Lightning Scott Scott died from his injuries from at least one gunshot wound, police said, and he was found at a city-owned parking lot at Water Street and Don Gaspar Avenue in the early hours. Police have not filed any criminal charges in the shooting. The New Mexican submitted a request for reports from the death investigation May 22. After 12 days, city records staff have not given an estimated date for producing the records. City spokesperson Regina Ruiz did not respond to an email seeking an explanation for the delays in providing the public records. Deputy police Chief Ben Valdez wrote back Tuesday saying he would check on the requests with the city's records staff.
Extra.ie
15-05-2025
- Business
- Extra.ie
Border petrol stations going bust over price gulf with the North
Filling stations along the border are going bust thanks to petrol being 25% cheaper in the North – with more closures to come, the industry has warned Stakeholders say higher duty and carbon taxes on southern garages have made a tank around €15 cheaper in the North – enough to spark 'fuel tourism' of crossing the border for cheaper prices. The average petrol price in the North is currently 128.7p per litre, while the average price of diesel is 133.4p per litre, the lowest since 2021. The average fuel price in the Republic is 180c a litre for petrol and 177c for diesel. At current exchange rates, that makes Northern garages cheaper by around 27c a litre for petrol and 30c for diesel. Pic: Getty Images At the average fuel tank capacity of 55 litres, a fill-up from empty on the Northern side of the border would save almost €15 on petrol and €16.50 on diesel. The Republic's Department of Transport said it was important to note a number of factors affect the final retail price of fuels, including energy market dynamics, wholesale pricing, individual retail pricing policy, transport costs, exchange rate fluctuations and taxation. A spokesman for Fuels for Ireland, which represents the major petrol retailers in the country, said: 'The overwhelming reason for this [the price gap] is the difference in tax. The price of petrol and diesel goes up from midnight. Pic: Ray Tang/Anadolu Agency via Getty Images There is also the fact that we have a far higher renewable obligation on transport fuel than they do [in the North]; we use more biofuel, and that's a little bit more expensive.' Over the term of the last government, from February 2020 until November 2024, new taxes added about 15c to a litre of fuel, putting Ireland in the top three most expensive countries for fuel taxes and the highest pump prices in the EU. The Fuels for Ireland spokesman added: 'Yes, the Government needs to get an income from fuel, it's been relying on it for decades, it's not going to change. Pic: Getty Images We also need to support the transition to renewable fuels, which is an existential need, but then we also have to make sure that Irish householders and businesses can continue to live and operate.' David Blevings, spokesman for the Irish Petrol Retailers' Association (IPRA), which represents independent garages, said: 'The IPRA is very concerned for petrol stations located in the border counties. They are closing. 'The price differential between motor fuel in the North and South is almost 25%. The stations in border areas cannot compete. This is causing hundreds of job losses in areas that have no replacement jobs to offer.' Pic: Getty Images Mr Blevings said that 'we have asked our members to lobby their local TD to ask the Finance Minister [Paschal Donohoe] how many fuel stations in border locations have closed and what plans he has to rectify this duty differential so that no more businesses have to close'. 'There are some closures already and there'll be more to come,' he added. The organisation has already had talks with the Government about the level of duty and carbon taxes. Minister Donohoe is due to meet with industry representatives in the next few weeks to discuss the tax situation and the effect it is having at the border. The price disparity was the reason for the Texaco filling station in Muff, Co. Donegal – which straddles the border – closing recently after 25 years, with the loss of 50 jobs. Owner Colm McKenna told RTÉ: 'We were in business here in Muff since 1999 and when the excise duty costs were better for us in the south, it was viable, but the large difference [in] excise duty and the carbon taxes now meant we had to close, because we lost €100,000 last year. We had no choice.'
Yahoo
08-05-2025
- Yahoo
Public records watch: City reports from private security contractors
Editor's note: The Inspection of Public Records Act (IPRA) 'enables access to public records of governmental entities in New Mexico,' according to the New Mexico Department of Justice. Public Records Watch is an occasional series from The Santa Fe New Mexican that documents how public agencies respond to IPRA requests. The city of Santa Fe has provided some, but not all, of the records requested by The New Mexican more than six months ago related to the city's contracted security services. The newspaper requested receipts, incident logs and reports, certificates of insurance, training manuals, policies and procedures and copies of the licenses of security guards authorized to patrol the streets, many of them armed. The Santa Fe City Council approved a measure in August to allocate $750,000 for a contract with Condor Security of America for the company's services in downtown Santa Fe. So far, the city has provided receipts and invoices for payments through November, the company's contract, post orders and some incident logs filed by security guards who patrolled the Railyard area last year. Incident reports, training materials, guard licenses and policies and procedures have not been provided. City records staff closed the request in January without providing any incident logs or reports from the first six months of the downtown security program, but the request was reopened after an inquiry into whether any such logs or reports have been filed, as is laid out in the contract.
Yahoo
16-04-2025
- Health
- Yahoo
Gene Hackman's wife searched online for flu and Covid symptoms
Betsy Arakawa, the wife of actor Gene Hackman, searched the internet for information about flu and Covid symptoms and breathing techniques in the days before she died, police records have revealed. Arakawa asked Google questions including whether Covid could cause dizziness or nosebleeds, according to files released by the Santa Fe Sheriff and reported by the Associated Press and New York Times. The 65-year-old pianist died of hantavirus, which can cause flu-like symptoms and develop into a life-threatening lung condition. Authorities believe she died around 12 February, and her husband, 95, who had Alzheimer's disease, died on 18 February. Their bodies were found on 26 February. The Sheriff files include details of the police investigation along with photos of the couple's cluttered house in New Mexico, and bodycam footage. They show that on 10 February, Arakawa searched online for "can Covid cause dizziness?" and "Flu and nosebleeds". The following day, she emailed her massage therapist to cancel an appointment, saying her husband had woken up with "flu/cold-like symptoms" but had tested negative for Covid. She also ordered oxygen canisters from Amazon for "respiratory support". Police have previously said Arakawa made multiple calls to a health clinic on 12 February for medical treatment, which she never received. She was found to have contracted hantavirus pulmonary syndrome, a rare respiratory illness carried by rodents. Nests and some dead rodents were found in outbuildings of the couple's house. Authorities believe Hackman died on 18 February - the date of his last recorded pacemaker activity, which showed an abnormal rhythm of atrial fibrillation. His cause of death was severe heart disease, with advanced Alzheimer's disease listed as a contributing factor. Experts believe the Oscar-winning actor's Alzheimer's may have prevented him from realising his wife of more than 30 years was dead in the home where he was living. Their bodies were discovered more than a week later by neighbourhood security. One of the couple's three dogs, which had been in a crate while recovering from surgery, died from starvation and dehydration. The couple's children had tried to block the release of the latest sheriff's records by Santa Fe County, but news organisations challenged that under New Mexico's freedom of information laws. "The New Mexico Inspection of Public Records Act (IPRA) placed the County in a difficult position," said County manager Gregory S Shaffer. "On the one hand, we deeply understand the family's need for privacy during this painful time. "On the other, the County has a duty to follow the law and faced potential lawsuits, damages, and attorney's fees under IPRA if we withheld the records." Rodent nests found near house where Gene Hackman's wife died of hantavirus What is hantavirus, disease that killed Gene Hackman's wife? Police release new evidence in timeline of Hackman and his wife's death
