Sergeant's arrest prompts policy change

ALBUQUERQUE, N.M. (KRQE) - ALBUQUERQUE (KRQE) - The Bernalillo County Sheriff's Office is looking into why a deputy did not book an Albuquerque police sergeant into jail after he was arrested for driving drunk, a spokesperson confirmed Tuesday.

Sheriff Manny Gonzales said during a news conference that the deputy who arrested Sgt. Richard Guzman and released him a few hours after his arrest early Sunday morning didn't violate its own policies.

However, KRQE News 13 learned the deputy may have violated a couple state laws that say that anyone arrested for a misdemeanor or a drunken driving charge must be booked and fingerprinted.

Guzman, a 21-year veteran who blew a .11 after the deputy said he found him passed out behind the wheel of his truck on the shoulder of Interstate 25, was never taken to jail.

Instead he was told a he would be summoned to court for his charge.

"From our perception because, he's in law enforcement for a long time...20 years, that that's probably what happened," Gonzales said.

He added that the deputy likely chose not to haul Guzman off to jail to sober up because of safety concerns.

The Albuquerque Metropolitan Detention Center told News 13 that safety shouldn't be a factor because the jail takes special care of law enforcement officials who get arrested. They're booked separately and often housed separately.

Three days after Guzman's arrest, the sheriff said he still hasn't spoken to the arresting deputy and doesn't know exactly why he chose to release Guzman.

Guzman is currently on desk duty at the Animal Welfare Department.

Although the sheriff said that even though they felt the deputy did nothing wrong, he announced that he was adding to the current policy.

Now, anyone arrested for DWI must be booked into MDC unless they have a medical condition or need to be hospitalized.

"What brought this is on is the public outcry and the misperception of cronyism in law enforcement," Gonzales said.

KRQE News 13 requested an interview with the sheriff after finding the two state statutes, but was told to wait until Wednesday.

The state statutes are 66-8-122B.

The other law can be followed through here.