CARLSBAD, N.M. (KRQE) – A New Mexico police chief is asking a judge to dismiss the criminal case against him. The chief is charged with impersonating a police officer after he reportedly tased a driver during a traffic stop outside of Loving. 

The stop involving Loving Police Chief Frank Methola happened near Carlsbad almost two years ago. Methola’s attorney now said he has proof the chief was allowed to make the stop, where a man named Cody Hill was accused of speeding and driving recklessly. 

Methola’s attorney claimed he’s found the document that showed the City of Loving and Eddy County had an agreement, which allows both sides to make traffic stops and arrests in each other’s jurisdictions. 

The motion also claimed Cody Hill is a former police officer, and Hill’s father is friends with the sheriff. Methola’s attorney, Gary Mitchell, explained this case should have never been charged. 

“This idea that he was not a law enforcement officer, when he was in full uniform, in a marked patrol unit with a joint powers agreement that allowed him to act in that jurisdiction, it’s simply wrong and those charges should be dismissed. In fact, all those charges should be dismissed,” says attorney Gary Mitchell. 

Back when the stop happened, Chief Methola believed Hill may have been under the influence, but Hill was allowed to leave the scene before ever being tested. The judge has yet to set a date on when he’ll hear arguments on the motion. Frank Methola’s trial is currently set for November.