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In the call, prominent attorney Thomas Clear III, his paralegal Ricardo 鈥淩ick鈥� Mendez and sa国际传媒官网网页入口 police DWI officer Honorio Alba spit-balled nervously. They sought a reasonable explanation after the District Attorney鈥檚 Office dismissed DWI cases for Alba and three other officers, without explanation.

鈥淭hese aren鈥檛 new cases鈥� what are they doing,鈥� Clear asked rhetorically. Alba replied, 鈥淭hat鈥檚 what we鈥檙e trying to figure out鈥� the hard part is I don鈥檛 know if (they鈥檙e) playing stupid but I tried asking.鈥�

It was only the most recent red-flag for the group 鈥� engaged in a yearslong scheme to take bribes to get DWI cases dismissed 鈥� which had repeatedly discussed and brushed away signs that they were being investigated for months, even suggestions from Clear himself.

In much of those calls and texts, the FBI was listening.

Less than a week after the three-way call, on Jan. 18, 2024, agents raided Clear鈥檚 office and the homes of Mendez, Alba, and officers Joshua Monta帽o, Harvey Johnson and Nelson Ortiz.

In the two years since, federal prosecutors have secured guilty pleas from Clear, Mendez, sa国际传媒官网网页入口 attorney Rudy Chavez, nine sa国际传媒官网网页入口 Police Department officers and one Bernalillo County sheriff鈥檚 deputy.

Other law enforcement officers, including one from the New Mexico State Police, have either been fired or retired. None have gone to trial, and all 13 defendants prosecuted on racketeering- and extortion-related charges are awaiting sentencing.

No further filings have been made in online court records, and it is unclear where the case stands. 

The newest development: the FBI tapped the major players鈥� phones. 

Recently unsealed search warrant affidavits detail calls and texts among the group, showing they continued the extortion and bribery as the snare tightened around them. Even after a civilian complaint was filed then squashed against Alba and prosecutors began asking for doctor鈥檚 notes for missed hearings. Even after trust began to erode in their front man, Clear.

In one recorded call, Alba and Mendez spoke of putting a tail on Clear or tracking devices on his vehicle. They spoke of finding something to blackmail him with to keep quiet, believing he would 鈥渞oll over鈥� on the entire criminal conspiracy. 

Alba told Mendez, 鈥淲e all know that (expletive) Tom鈥檚 not stand up, bro, he鈥檚 not going to stare down the (expletive) barrel of a gun anytime soon.鈥�

According to federal search warrant affidavits filed in U.S. District Court for New Mexico:

The FBI鈥檚 investigation began in earnest in the fall of 2023, despite previous unheeded tips from local attorneys. The case picked up steam after the agency recruited a DWI suspect 鈥渕otivated to work with the FBI out of a desire to see justice served.鈥�

At the behest of agents, the suspect-turned-confidential witness arranged a bribe with Mendez to have his case dismissed and then paid $6,500 in agency money. Mendez picked up the money while riding passenger in Alba鈥檚 patrol vehicle, who the FBI had already heard suspicions of from a local attorney

In November, another DWI suspect filed a complaint with the Civilian Police Oversight Agency against Alba, saying the officer told him to call 鈥淩ick,鈥� who could ensure no case was filed. The CPOA, unaware of the FBI鈥檚 probe, told Alba of the complaint and interviewed him.

Alba and Mendez spoke on the phone repeatedly the following week.

With evidence mounting, a judge granted the FBI a wiretap on Mendez鈥檚 phone on Dec. 5, 2023. It didn鈥檛 take long to pay off as, one day later, Clear called Mendez to tell him Monta帽o needed to 鈥渇igure something out鈥� to miss a hearing for a dismissal.

On Dec. 7, Mendez texted Alba that 鈥淭om鈥� was being suspicious and 鈥渃alled me mysteriously to go meet him somewhere to talk.鈥� Mendez told him Clear didn鈥檛 specify where to meet or why, and Alba said he didn鈥檛 trust Clear. If it were him, Alba said, he would be doing 鈥渃ountersurveillance.鈥�

The men discussed if Clear was worried about the CPOA complaint against Alba while Mendez wondered about being fired. Alba said he and the others are 鈥渘ot (expletive) playing ball鈥� without Mendez.

鈥淚 consider Tom too much of a liability to do business with him,鈥� he said, later adding, 鈥淗opefully Tom isn鈥檛 stupid enough to 鈥� (expletive) up business though, bro.鈥�

In the call, Alba suggest Mendez use 鈥渓everage鈥� against Clear or find something to blackmail him.

鈥淒oes he realize 鈥� there鈥檚 too much stuff for him to play innocent?鈥� Alba said, expressing that Clear 鈥渨ould roll over鈥� under any investigation. Alba asked Mendez if he wanted to have Clear followed or place trackers or audio devices on his vehicle.

Mendez wondered if Clear found out they were taking bribes to get cases dismissed without his help, adding 鈥渢hat鈥檚 the only thing he鈥檚 been a crybaby about.鈥� The pair spoke of if any suspects who paid bribes would complain.

鈥淭hat鈥檇 be like somebody gave you a (expletive) winning lottery ticket and then you go (expletive) the person over,鈥� Alba said. 

Later that day on Dec. 7, to protect the FBI investigation, APD鈥檚 Internal Affairs sent a letter to Alba that the complaint was closed. Alba sent a photo of the letter to Mendez in a text message. Mendez told Alba that Clear had also sent him a message: 鈥淎ll is good.鈥�

The pair spoke of how Clear would know it was dismissed before anyone else.

Mendez then gloated of his contribution to Clear鈥檚 firm and how, before he joined, Clear charged $1,300 per DWI. Mendez said he jumped it up to $3,000, then $5,000 and $6,000.

鈥淵ou can鈥檛 tell me (expletive) Tom didn鈥檛 like seeing that sort of cash on the table,鈥� Alba said. Mendez replied, 鈥淥f course he loves it, he loves it.鈥�

As the case expanded, so did the wire taps.

On Dec. 18, 2023, Alba and Monta帽o in a call spoke of the sergeant requiring DWI officers to book suspects and not allowing the issuance of summons, a key part of the DWI scheme. The pair wondered if people were talking about the operation. 

鈥淏ecause, honestly you can do almost whatever you want in this unit, bro. But if you don鈥檛 broadcast it, if you don鈥檛 tell the whole world,鈥� Alba said. Monta帽o replied, 鈥淲ell that sucks dude because now it destroys the whole (expletive) system.鈥�

Alba then shared more bad news: Mendez and Clear were 鈥渂utting heads.鈥� He said, 鈥渢hey always have issues like lover鈥檚 quarrels, bro.鈥�

On Dec. 21, 2023, Mendez told Alba that Clear thought he was being set up in court after a public defender brought up that Monta帽o gave a DWI suspect鈥檚 bracelet to Mendez. Mendez told Alba that Clear was worried the FBI was 鈥渓istening at the office and monitoring our phones.鈥�

Mendez was unconcerned, adding, 鈥淚鈥檓 like, 鈥榊ou鈥檙e retarded.鈥欌�� Alba replied. 鈥淟et鈥檚 be real鈥� if they鈥檙e monitoring phones, that鈥檚 the least of anyone鈥檚 (expletive) concerns.鈥�

Another snag hit the group in early January 2024, when prosecutors insisted on a doctor鈥檚 note if an officer was going to miss a hearing, another crucial aspect to the scheme. In a call, a prosecutor asked Alba for verification of a doctor visit he had to take his father to.

On Jan. 10, Alba talked to the prosecutor again, telling them he vomited all over himself and couldn鈥檛 drive his father to doctor, blaming McDonald鈥檚 Hot 鈥榥 Spicy sandwich.

鈥淚鈥檓 running a fever right now. I don鈥檛 even know if I can go to the courtroom,鈥� Alba said. Later, Mendez called to tell Alba that prosecutors 鈥渢old Tom trial is still on.鈥�

鈥淚 dont know how, I called in,鈥� Alba said. He later called Johnson to share an old 鈥渟cam鈥� he used: a monthly membership to a local chiropractor who would write a note on day鈥檚 notice.

Then DWI cases filed by Monta帽o, Johnson and Alba started being dismissed.

In a phone call, Johnson told Alba, 鈥淒ude yesterday and today is just very, very fishy.鈥� The pair discussed how to figure out if anything is going on or if 鈥渢hey have nothing.鈥�

Alba tried to reassure Johnson by mentioning his CPOA complaint that got dismissed. 

鈥淚 got a letter sent to IA from the (expletive) district court,鈥� Alba said. 鈥淎nd mine was 鈥� case gone.鈥�

On Jan. 12, agents listened in on a call between Clear, Mendez and Alba. 

Alba told the others how the cause for the dismissals is listed, simply, as 鈥渋n the interest of justice.鈥� He said the prosecutor was 鈥渘ot really wanting to talk.鈥�

Alba said Johnson also tried to ask the reason for the dismissals, but was stonewalled. Clear said, 鈥淪o they鈥檙e looking. I guarantee you they鈥檙e looking.鈥�

Clear relayed the story of a hearing where he moved to dismiss a case due to Alba being sick and a prosecutor who appeared to be 鈥渢aking notes.鈥� 

鈥淚 think she wanted to see if I was coming in ready for trial or if I acted like I knew anything,鈥� Clear said. Alba mentioned how the prosecutor was persistent that he get a note.

Clear asked, 鈥淪o they鈥檙e dismissing all the DWI unit鈥檚 cases. Is that what they鈥檙e doing?鈥� Alba told him it was only cases filed by himself, Johnson and Monta帽o.

鈥淏ased on these conversations, there is probable cause to believe that Thomas Clear, Ricardo Mendez, and the involved officers are trying to figure out if the DA鈥檚 Office was aware of the criminal scheme, or if the dismissals are unrelated to their criminal conduct,鈥� according to affidavits filed by the FBI.

The FBI searched the homes of Mendez, Alba, Johnson and Monta帽o, Clear鈥檚 office and the APD substation on Wyoming, near Paseo del Norte, where the officers worked out of.

Agents seized TVs, jewelry, clothing, cash, 40 guns, documents and a phone which 鈥渟ustained fire damage鈥� from Mendez鈥檚 home. At Clear鈥檚 office they seized electronics, phones, storage devices and driver鈥檚 license and documents from 鈥減otential victims.鈥� At Alba鈥檚 home they took electronics, a bag of $500, other people鈥檚 wallets and drivers鈥� licenses.