Report: New Mexico police chief asserts constitutional right to turn off body cam following accident

An investigation into a New Mexico police chief's actions following a car crash earlier this year revealed that he turned off his body camera, citing his right to remain silent under the Fifth Amendment, according to a new report.

Last Friday, Tom Grover, a lawyer and former Albuquerque police officer, told KOAT that the situation was so unbelievable it blew his mind.

On the morning of Feb. 17, Albuquerque Police Chief Harold Medina and his wife were in an unmarked police pickup truck on their way to a press conference. According to the report, Medina stopped at a red light when he saw two people fighting on the sidewalk next to his truck. One of the individuals then pulled out a gun and fired a shot, Medina stated after the incident.

A video of surveillance shows Medina speeding across a busy intersection, disregarding the red light. He swerved between two cars before colliding with a Mustang, causing severe injuries to the other driver, including eight broken ribs, a broken collarbone, a broken shoulder blade, a collapsed lung, and multiple cuts, as reported by KOAT in March.

The Internal Affairs report states that Medina turned on his body camera to prove he had it with him, but he told investigators he did not record the crash interaction because he was invoking his 5th Amendment right not to self-incriminate.

Grover compared that admission to a "nuclear bomb."

"According to Grover, if the belief that he possesses a Fifth Amendment right is true, it implies that he is in custody. However, he is not in custody; he is at work."

The Albuquerque Police Department mandates that officers record "mandatory recording incidents" regardless of whether the evidence captured on the video will be used in a subsequent criminal investigation.

In July, Medina signed two letters of reprimand, one for unsafe driving in a department-issued vehicle and one for failing to record the incident.

Medina's actions could potentially breach state law, according to KOAT legal analyst John Day.

A body-worn camera must be activated by New Mexico law enforcement officers during any call for service or law enforcement or investigative encounter with a member of the public.

A body-worn camera cannot be deactivated until the conclusion of a law enforcement or investigative encounter.

The Internal Affairs report on the Albuquerque Police Department was not commented on by them on Monday.