- Police Brutality Watch

Originally published in the Albuquerque Journal (New Mexico) February 24, 2005 Copyright 2005 Albuquerque Journal

By: Clara Garcia Valencia County News-Bulletin

Men Say Beating Was Covered Up

Allegations of police brutality and a cover-up are made in a lawsuit recently filed against a Valencia County sheriff's deputy and department administrators.

Kraylin Begaye of Los Lunas and Darrell Lujan of Albuquerque have filed a complaint in federal court claiming they were victimized by a Valencia County sheriff's sergeant last year. The two men also charge that the sheriff's department "conspired to cover up" the incident.

Valencia County Sheriff's Deputy Sgt. Simon Martinez, Sheriff Richard Perea, Undersheriff William Martinez, Lt. Laura Alley and the county commission are named as defendants in the lawsuit. Perea this week denied he or any of his employees did anything wrong.

"All the allegations in the lawsuit are false," Perea said. "This is still being investigated by the FBI and the district attorney's office and, until their investigations are completed, we can't say anything about it."

According to the lawsuit, Begaye was driving his vehicle with three passengers, including Lujan, in February 2004 when they were allegedly stopped by several law enforcement officers. The plaintiffs claim that all four occupants of the vehicle were ordered onto the ground and then handcuffed.

The complaint alleges Simon Martinez approached Begaye from behind and "violently knocked him to the ground" with his flashlight. Begaye also charges that the sergeant then choked him and kicked him in his ribs. The Los Lunas man claims that he did not say or do anything to provoke the alleged attack.

Lujan alleges that the deputy placed a flashlight under his throat and pulled him to his feet, "causing severe pain and injury." The two men claim that Simon Martinez ordered another officer who was at the scene not to write a police report on the incident.

"The conduct of Simon Martinez was motivated, in whole or in part, by racial animus," the complaint says.

Begaye, who was arrested on an outstanding warrant for a failure to appear in court on a traffic citation, was never charged as a result of the incident and says that a police report was never filed with any law enforcement agency.

The complaint alleges that Perea and William Martinez subsequently ordered a law enforcement witness not to talk about the incident and instructed him to lie about it when questioned.

The sheriff, undersheriff and Alley, the direct supervisor over the internal affairs unit, engaged in behaviors designed to hinder the internal affairs investigation and failed to impose any "meaningful discipline on Simon Martinez," the complaint claims.

Begaye and Lujan are asking that they be awarded damages for physical and emotional injury, humiliation and violation of their federal constitutional rights. The two men are also asking for an award of punitive damages.