By Jeff Proctor
Albuquerque Journal (New Mexico)
Copyright 2007 Albuquerque Journal
ALBUQUERQUE, N.M. — An Albuquerque firefighter arrested on suspicion of DWI nearly three months ago could be fired after a hearing next week, AFD Chief Robert Ortega said Wednesday.
Adrian Moya, 39, has been on paid leave since a few days after his arrest March 5, Ortega said, despite the fact that he has yet to be charged.
Authorities did not learn until recently that Moya’s blood-alcohol concentration was 0.26 percent - more than three times the state’s presumed level of intoxication, Albuquerque Police Department spokeswoman Trish Hoffman said.
“That’s very typical on a felony case like this,” Hoffman said of the 11 weeks it took the state lab to pass on results to APD. “From here, the officer will write a summons, forward it to the DA’s Office, and (Moya) will be summoned into court - hopefully in the next several days.”
One of the original officers involved in the case has since resigned, she said, but that wasn’t a factor in the turnaround time.
Moya was involved in an accident near the intersection of Lomas and First NW about 11 the night he was arrested, Hoffman said. She described the accident as a fender bender that resulted in minor injuries.
Albuquerque Fire Department has wrapped up its investigation, Ortega said. Moya, a 15-year veteran of the department, is scheduled to appear at a hearing next week, after which a deputy chief will recommend disciplinary action.
Ortega stopped short of saying for sure that Moya will be fired but did say AFD views DWI “as very, very serious and severe.”
“We want the discipline to fit the charge,” he said. “I can tell you that, in the past, firefighters who have gotten DWIs have been terminated.”
During their investigation, AFD officials also found out about Moya’s May 2002 arrest on suspicion of drunken driving, the chief said.
“That will definitely be taken into account at his hearing,” Ortega said. “Anything like that should’ve been disclosed at the time, and in this case, it was not.”
The case was dismissed because prosecutors were unable to proceed, according to Metropolitan Court records.