Incident Report and Case file request
| Tracking # |
19-6342 |
| Submitted | March 16, 2018 |
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Communications
From: Rahima Nasa
To Whom It May Concern:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:
The incident report and corresponding case file for 41 year-old Roger Paul Preston, who beat a Native American woman in Southeast Albuquerque about 8 years ago on July 4, 2009. I would like interview transcripts and audio, if available, with Preston and local law enforcement involved in the case as well and any documents that were sent to the prosecutor's office.
Here's a description of the incident from a local publication:
"Drobik said on July 4, 2009, shortly before 2 a.m., police were called to the 500 block of Maple SE, near Coal. When they arrived they found Cato “Terri” Benally with a severe head injury lying in the street. Benally is transgender and had been living as a female, Drobik said. Previous news reports refer to Benally as him."
https://www.abqjournal.com/1133165/suspect-indicted-in-cold-case-slaying-of-navajo-woman.html
This request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Rahima Nasa
Journalist | ProPublica
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Albuquerque Police Department
City of Albuquerque
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Hi there
Your first City of Albuquerque record request (request number #19-6342) has been submitted.
It is currently unpublished and is not available for the general public to view.
As the requester, you can always see the status of your
request by signing into the City of Albuquerque Public Records
portal here.
If you haven't already activated your account,
click here to get started.
Once your account is activated, your request will be visible at the following link:
Request #19-6342.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Albuquerque Police Department
Hello,
Your request has been received and entered as 19-6342. For future records requests please go to the following website to submit your request:
Abqrecords.cabq.gov
Thank you,
[COA Logo_Horizontal_CityClerk-with tag]
Stephanie Casaus
Senior Office Assistant | Office of the City Clerk
o 505.924-3650
www.cabq.gov<http://www.cabq.gov/family>
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image001
From: Albuquerque Police Department
City of Albuquerque
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Hi there
A message was sent to you regarding record request #19-6342:
Hello,
On September 19, 2019, we received your request to inspect certain records. We need additional time to respond. Although it may be sooner, it may take up to fifteen (15) calendar days to respond to your request. Additionally, we are requesting additional information from you, because in our opinion your request lacks the required “reasonable particularity.” NMSA 1978, § 14-2-8(C). In order for my office to conduct a reasonable search, we need your assistance. Please provide additional information on, or clarification of the records you seek to inspect for the following:
Original Request:
On March 16, 2018:
Subject: New Mexico Inspection of Public Records Act Request: Incident Report and Case file request
To Whom It May Concern:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:
The incident report and corresponding case file for 41 year-old Roger Paul Preston, who beat a Native American woman in Southeast Albuquerque about 8 years ago on July 4, 2009. I would like interview transcripts and audio, if available, with Preston and local law enforcement involved in the case as well and any documents that were sent to the prosecutor's office.
Here's a description of the incident from a local publication:
"Drobik said on July 4, 2009, shortly before 2 a.m., police were called to the 500 block of Maple SE, near Coal. When they arrived they found Cato “Terri” Benally with a severe head injury lying in the street. Benally is transgender and had been living as a female, Drobik said. Previous news reports refer to Benally as him."
This request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Rahima Nasa
Would you please clarify what specific records you are seeking with the following:
* corresponding case file
* audio
* any documents that were sent to the prosecutor's office
In addition, would you please provide a Case number, CAD number, Location/Cross Street?
Thank you in advance for any additional information you can provide to assist my office in searching for the requested records.
Please be advised upon further review, we have determined your request is “excessively burdensome and broad,” and my office respectfully requests an “additional reasonable period of time” to complete the request. NMSA 1978, § 14-2-10. We will continue to update you on our progress. Finally, we will promptly contact you as soon as those documents become available for your inspection or pick up.
Please let me know if you have any questions.
Sincerely,
Nyvia Barraza
APD IPRA Records Custodian/IPRA Supervisor
Office (505) 768-2137
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From: Albuquerque Police Department
City of Albuquerque
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Hi there
A message was sent to you regarding record request #19-6342:
Hello,
Your request is dated March 16, 2018. The City of Albuquerque received your request on September 19, 2019. Would you please advise if you are still interested in obtaining the requested records?
Sincerely,
Nyvia Barraza
APD IPRA Records Custodia
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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Hi there
A message was sent to you regarding record request #19-6342:
Dear Requester:
We have not received confirmation that you are still interested in this public records request. If we do not hear from you by January 13, 2020 we may close this request.
Sincerely,
Ethan Watson
Acting Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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Hi there
Record request #19-6342 has been closed. The closure reason supplied was:
Dear Requester:
We received your request from the MuckRock website on approximately September 19, 2019. Although your request was dated March 16, 2018, Muckrock had sent the request to a non-functioning email address and we had not received it. On September 24, 2019, we contacted you to confirm whether you still wanted the records. A staff member in our office also called MuckRock at that time. We contacted you again by email on January 8, 2020 seeking confirmation that you were still interested in the records. We have not heard back form you in regards to any of these queries. On January 8, 2020 we specifically advised that if we did not hear back from you by January 13, 2020 we would close your request. It is now January 15, 2020, we have not received any further correspondence from you, and we are closing your request. You are welcome to submit a new request in the future.
Sincerely,
Ethan Watson
Acting City Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>