Arson case slated

A mediation hearing is scheduled for Friday in Albuquerque federal district court in a civil case against Tucumcari city and police officials filed by owners of the Payless Inn, which was destroyed in an arson fire in 2014 started by former Tucumcari police officer Dustin Lopez while he was still on the police force.

Last Thursday, the Tucumcari City Commission approved $25,000 allocation for the deductible portion of the settlement of this case, indicating a settlement might be near.

In the case, Maggie Ventures, L.L.C. of Nevada, the motel’s owner, alleged the city and police department officials improperly hired Lopez despite his known problems with “alcoholism and other disorders.”

Larry and Marla Phillips, the corporation’s owners, live in Las Vegas, Nevada, Nevada Secretary of State’s office records show.

Named as defendants in the federal case are the city “by and through” then-Mayor Robert Lumpkin, then-Police Chief Jason Braziel, Assistant Police Chief Pete Rivera, then-Police Sgt. Paul Bell, Police Sgt. Patricia Lopez and Police Sgt. Bryan Holmes.

The suit was originally filed in Tenth Judicial District Court on Aug. 31, 2016 but was moved to federal court on Oct. 14, 2016, due to federal constitutional issues at the request of the defendants, court documents show.

The lawsuit’s complaint of the plaintiffs states that Lopez’s hiring in March 2009 violated the department’s anti-nepotism rule, because his aunt, Sgt. Lopez, was also on the police force.

Further, the complaint cited several instances in which Dustin Lopez allegedly broke department rules and even the law without consequences before he was convicted of arson in the burning of the Payless Inn.

In a response to the complaint, the defendants denied all these allegations, court documents show.

Ron Childress of Albuquerque, attorney for the defendants, could not be reached Monday.

Richard Queener of Clovis, attorney for the plaintiffs, said he stands by the allegations of the complaint.

The incidents cited in the complaint started under former Police Chief Roger Hatcher. Then-City Manager Bobbye Rose, the lawsuit said, prohibited then Police Chief Roger Hatcher from issuing Lopez a written reprimand for insubordination.

Later, Officer Dennis Garcia, who is currently assistant County Sheriff, reported Lopez for disturbing the peace at a party while associating with known felons, but no disciplinary action was taken.

In summary, the suit said, Lopez had not been disciplined for violations of uniform policy, drinking alcoholic beverages on the job, insubordination, disorderly conduct, aiding and abetting a known felon to avoid arresting her for probation violations, “and other conduct unbecoming a police officer.”

In Lopez’s hiring and failing to discipline him for infractions or crimes, the city and police acted beyond their legal power and authority, the complaint says, thus denying Maggie Ventures their U.S. Constitutional rights to due process and equal protection under the law.

In fact, the complaint says, there was an unwritten policy from the time Lopez was hired until his resignation, that he would not be disciplined.

Oct. 6, 2014, Lopez and Sandoval surrendered themselves to the Quay County Detention Center after state police searched his home and he resigned from the police force.

Lopez and Sandoval are serving probation sentences, according to the New Mexico Department of Corrections website. Tenth Judicial District Judge Albert Mitchell suspended 4-1/2-year prison sentences for both in September 2015 after they entered guilty pleas.