Officer Timothy McCarson pleaded guilty to accepting $5,000 from attorney Thomas Clear to have a September 2021 DWI case dismissed, part of a federal probe into a decades‑long bribery scheme. Prosecutors say Clear and associate Rick Mendez funneled payments to law‑enforcement officers to avoid convictions and administrative penalties across roughly 2,500 cases. About two dozen people have been implicated, a dozen have pleaded guilty, and prosecutors have dismissed roughly 230 DWI cases tied to compromised officers. The scandal has prompted firings, leaves and broader concerns about public safety and trust in the APD.
Albuquerque DWI Scandal Widens: Officer Admits $5,000 Bribe to Dismiss Drunk‑Driving Case
Another New Mexico Cop Lauded for Nabbing Drunk Drivers Admits Taking Bribes To Let Them Off the Hook
Albuquerque Police Department officer Timothy McCarson has pleaded guilty in federal court to accepting $5,000 from defense lawyer Thomas Clear to ensure a September 2021 drunk‑driving case was dismissed. The plea is the latest development in a sweeping federal investigation that prosecutors say uncovered a decades‑long bribery scheme involving lawyers and law‑enforcement officers who allegedly worked together to derail DWI prosecutions.
What Prosecutors Allege
Federal prosecutors describe a so‑called "DWI Enterprise" that stretches back roughly 30 years and involves an estimated 2,500 DWI cases. Investigators have implicated about two dozen individuals — including defense attorneys, Albuquerque police officers and Bernalillo County sheriff's deputies — and roughly a dozen people have pleaded guilty so far.
McCarson’s Admission
McCarson, who joined the APD in 2006 after a previous career with the Las Cruces Police Department and who served more than a decade in APD’s DWI unit, admitted he accepted cash payments and occasional gifts in exchange for failing to appear at hearings, pretrial interviews and trials tied to DWI arrests. In the September 2021 incident, prosecutors say a hospitalized, severely intoxicated driver was not charged after Clear paid McCarson $5,000.
"Without the Conspiring Officers' agreement and participation, the high success rate of [Clear] in avoiding criminal and administrative consequences for DWI Offenders would not have been possible," McCarson wrote in his plea agreement.
McCarson pleaded guilty to violating 18 U.S.C. § 1951(a), a federal statute that covers extortion conspiracies affecting interstate commerce. While the statute carries a maximum sentence of 20 years, the plea agreement notes prosecutors plan to recommend no more than 46 months in prison, citing McCarson's acceptance of responsibility.
Scope And Methods Of The Alleged Scheme
According to prosecutors and previously entered guilty pleas by attorney Thomas Clear and his associate Rick Mendez, the operation functioned by collecting substantial fees from clients with DWI charges and funneling portions of those fees to officers. In exchange, officers would often be absent from administrative license hearings, court appearances or other required proceedings, allowing Clear to move for dismissals or otherwise avoid criminal and administrative penalties for his clients. Non‑cash gifts — such as holiday presents — were also used to cultivate goodwill among officers.
The plea accounts include instances where officers allegedly intervened for people with personal ties to them. Former APD officer Louis A. Henckel III, who also pleaded guilty to the same extortion charge, says he was paid $500 to miss a rescheduled trial for a defendant who was romantically involved with another APD officer; that case was later dismissed with prejudice.
Consequences And Fallout
The probe's fallout has been substantial: by February, prosecutors had dismissed about 230 pending DWI cases because they involved officers whose credibility was compromised by the investigation. Multiple officers who were previously lauded for DWI enforcement — including recipients of honors from Mothers Against Drunk Driving (MADD) and officers featured in anti‑DWI campaigns — have been implicated, pleaded guilty, placed on leave, fired, or otherwise disciplined.
Senior APD personnel named in reporting and federal filings include commanders and lieutenants who have been placed on administrative leave, fired, or who resigned amid the investigation. Attorney Clear and his associate Mendez have pleaded guilty but have not yet been sentenced; media reports have noted that some defendants were permitted to travel while their cases were pending and that plea deals may be tied to cooperation with prosecutors.
Public Safety And Institutional Trust
McCarson’s plea underscores the public‑safety implications prosecutors warn about: when DWI offenders evade accountability, they may be more likely to drive intoxicated again, increasing the risk of crashes and injuries. The scandal also raises deep concerns about institutional trust, particularly because some implicated officers held senior roles and even positions in internal affairs — the division charged with investigating police misconduct.
Albuquerque Police Chief Harold Medina, who has led or helped run the department since 2017, has said he learned of the FBI investigation in October 2023 and has pledged to "get to the bottom of this." He has also expressed disappointment that long‑trusted colleagues betrayed public trust for money.
The original reporting appeared on Reason.com.
