Lawsuit dismissed over body-slam arrest

A Tucumcari man’s lawsuit against the city, the police department and two officers after he was body-slammed to the ground during a 2021 arrest was dismissed last week.

According to online court records, plaintiff Pete Apodaca and the defendants on May 23 filed a joint motion to dismiss the lawsuit with prejudice because “they have reached a full and final resolution of this matter.” The motion did not elaborate.

A dismissal with prejudice means a plaintiff cannot refile the same lawsuit again in that court.

District Judge Albert Mitchell Jr. on Wednesday granted the motion for dismissal.

Apodaca filed the suit in March against the city, Tucumcari Police Department and officers Herman Martinez and Justin Garcia.

Emails to Apodaca’s lawyer, Frank Davis of Albuquerque, and the defendants’ attorney, Vanessa Garcia of Albuquerque, requesting comment were not answered.

According to the lawsuit, Apodaca suffered a broken collarbone, a cracked rib and head and back injuries while being picked up and body-slammed during his arrest at the Lowe’s Market parking lot.

The lawsuit alleged Martinez and Garcia had been accused of and disciplined for misconduct on previous occasions.

According to earlier reporting by the Quay County Sun, the officers were sent to check on a possible drunken driver.

They pulled over a van in the Lowe’s lot driven by Apodaca, 43, whose revoked driver’s license included an arrest clause.

Apodaca, who begged not to be detained, resisted arrest as Martinez tried to handcuff him and hit the officer in the face. Garcia performed “an arm bar takedown” on Apodaca.

Tucumcari resident Josh Daniel filmed the arrest with his smartphone. Footage showed as Apodaca was about to be placed in a police vehicle, he lunged away. An officer, identified as Garcia, lifted Apodaca in a bear hug and threw him headfirst to the pavement.

Bystanders could be heard in the video questioning that use of force, saying “Are you serious?” and “Police brutality!”

An ambulance took Apodaca to Trigg Memorial Hospital for treatment. Medics also treated Martinez at the scene for cuts suffered during the altercation, and he later drove to the hospital for treatment of other injuries.

An internal investigation by the police department cleared Garcia a month later, ruling there was no violation of policy. Garcia had been on administrative leave during the review.

Apodaca later pleaded no contest to resisting, evading or obstructing an officer, driving while license revoked and no proof of insurance. Counts of battery on a peace officer, failure to register a vehicle and a second charge of resisting were dismissed as part of a plea deal.

Mitchell sentenced Apodaca to 364 days in jail, all of which were suspended but seven days, and one year of supervised probation. He also was fined $300, plus fees and costs.

Mitchell ordered Apodaca to write a letter of apology to the officers who arrested him.

Martinez retired from the force less than a year after Apodaca’s arrest and unsuccessfully ran for Quay County sheriff in the Republican primary in June 2022.