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Bernalillo County undersheriff blasts Albuquerque police investigation of deputy crash as 'embarrassing'

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The Bernalillo County Sheriff鈥檚 Office aired some grievances Wednesday about the way the Albuquerque Police Department handled the investigation into a fatal crash involving one of its deputies.

And BCSO Undersheriff Johann Jareno said the agency may seek to have APD removed from such cases in the future.

The strong words came after APD recently released its investigative report into the Aug. 6 crash involving deputy Bryan Lassley that left Alexandria Gerard, 43, dead in the North Valley.

Jareno called APD鈥檚 report 鈥渂orderline embarrassing,鈥 taking particular issue with the detective noting BCSO policy violations, which, Jareno said, is not in 鈥渢heir purview.鈥

BCSO Undersheriff Johann Jareno
Johann Jareno

鈥淚鈥檓 starting to be very suspicious, to the point that we are not going to use APD for our investigation of our personnel at all,鈥 he told the Journal. 鈥... It鈥檚 almost to me, to be honest with you, that they鈥檙e trying to just make us look bad.鈥

An APD spokesman batted away Jareno鈥檚 claims, saying the detective reviewed BCSO pursuit policy 鈥渢o determine whether the deputy鈥檚 statements during his interview justified his actions under state statute.鈥

Jareno said the detective, whose report he described as 鈥渁 lot of fluff and use of words without actual evidence,鈥 was also 鈥渁bsolutely incorrect鈥 to cite Lassley鈥檚 鈥渟peed alone鈥 as grounds for a reckless driving charge.

鈥淚f that was the case, then everybody who鈥檚 driving 20 miles over the speed limit will be going to jail because of reckless driving,鈥 he said.

Jareno said the detective also didn鈥檛 include data from the car Gerard drove the way it was included from Lassley鈥檚 SUV. He also said the APD detective had only been with the traffic unit for a year.

He said 鈥渘early every鈥 district court in the state refused to take the case, starting with the 2nd Judicial District Attorney鈥檚 Office, due to the poor quality of the detective鈥檚 report.

Nancy Laflin, a spokeswoman for the 2nd Judicial District Attorney鈥檚 Office, said the report had nothing to do with it. In what is common practice, they 鈥渃onflicted out鈥 the case to the 1st Judicial District 鈥渂ecause we work with APD and BCSO,鈥 she said.

Jareno said after the criminal investigation is completed, BCSO will conduct an internal probe into the crash to determine policy violations.

鈥淚t could very well be that the criminal case goes through and no criminal aspect is found,鈥 he said. 鈥淭hen we do an internal affairs investigation and we find that several policies were violated, that鈥檚 perfectly possible.鈥

In response to Jareno鈥檚 critiques, APD spokesman Gilbert Gallegos said the report 鈥渄id not rely only on speeding鈥 for the potential charge of reckless driving. He said the data from Gerard鈥檚 car, a 2004 Honda, could not be accessed due to the vehicle鈥檚 age and the detective, while new to traffic, was with APD since 2013.

Gallegos said the report was also reviewed through APD鈥檚 higher-ups before it was submitted to the District Attorney鈥檚 Office for possible charges.

鈥淏CSO investigators also shadowed the investigation. Ultimately, it will be up to a prosecutor to decide what, if any, charges should be brought,鈥 Gallegos said.