ALBUQUERQUE, NM (KRQE) – A police officer already suspended for a DWI arrest stemming from a crash in his police car is now being investigated for attacking a man at a dog park.
Albuquerque Police say something happened between APD Officer Joshua Malecki and a man who was with Malecki’s wife at the Santa Fe Village Dog Park in northwest Albuquerque in November.
“[He] just came down and jumped me and hitting me in the head,” the victim is heard saying in lapel video from the responding officer.
Malecki’s alleged actions were redacted from the police report.
A witness helped break up the scuffle.
“He’s got the guy down, just beating on him,” the witness explained to the officer.
The victim refused to press charges against Malecki, despite the officer’s warnings.
“Sometimes, it’ll escalate even worse,” the responding officer told the victim. “He may put you in the hospital, or worse.”
It’s more trouble for Malecki: On Aug. 10, police said he got into a fight with his wife while off-duty at their westside home before driving drunk across town in his police cruiser. He crashed it into a curb before getting a ride home from an unidentifed friend.
Prosecutors say trying Malecki in the DWI case in March could be difficult because his wife has the right to avoid testifying against him, and she was the only witness who saw him drive drunk.
Their concerns are real: she was a no-show for her pre-trial interview despite being subpoenaed twice.
Malecki’s attorney has filed a motion with the court to keep her from testifying because she’s been uncooperative. A judge will make a decision on that motion at a hearing on March 8.
Meanwhile, APD’s internal affairs is investigating both incidents and Malecki is still getting paid. Malecki has been on paid administrative leave since his DWI charge in August, meaning he’s been paid about $30,000 to do nothing.
Malecki’s DWI trial is set for March 14.