Uh standardized field sobriety test, okay? >> Already drunk, though. >> You already drunk? >> On March 25th, 2022, one Gallup police officer found herself following a suspected drunk driver. The problem? The man on the motorcycle was her own sergeant. When she got close enough to see his face, she brought in New Mexico State Police, putting the investigation in the hands of an outside agency. >> And that's when they told you we're coming out. >> Okay. So, you guys can perform any field sobriety >> No. I asked him originally, "Are you willing to do field sobriety?" He's like, "No." >> Okay. >> And then that's when he just stood up and was like, "Just take me in." But I just never put cuffs on him. We just had him sit on the curb here. >> Except for drugs and alcohol, sir. >> Hello. Officer Lisa Torres with New Mexico State Police. Have you been consuming any alcohol, sir? >> Yeah. >> Excuse me? >> Yeah. >> Yes. How much? >> About two beers. >> Two beers? >> Mhm. >> What What type of beer, sir? >> La Cumbre. >> Excuse me? >> La Cumbre. >> La Cumbre? >> Mhm. >> Okay. Where did you drink those at? >> Uh the Um >> Keep your hands out of your pocket for me. >> Uh um Uh 49er. >> 49ers? >> Mhm. >> Okay. >> Sergeant Neil Yazzie wasn't a rookie. After more than 11 years in law enforcement, he had risen to a position of leadership, expected to set the example for his officers and his community. Now, those same officers were watching State Police investigate their sergeant for DWI. >> There's a lot of people that care about you, Neil. >> No, [ __ ] you. You don't care. >> Your mom cares. >> My mom don't care. >> What about Natalie? >> Natalie don't care. >> Body camera rolling the whole time, so >> Okay. Yeah, I'll probably going to need your video and of course supplemental. >> Okay, that'll work. Um I'll have to get I'll get your phone number something. We'll get with you a little bit later for you how you want us to do the supplemental. Um >> Okay. >> I do have one of my lieutenants coming out just because we don't have no brass brass tonight. I'm just the OIC tonight, so but it's all yours. We'll We'll stand by with you. We asked him multiple times about the bike. He said, "I don't have no one No one cares about me." Um actually This is his ID. >> Okay. >> Driver's license. And then he gave me these. I keep dropping that damn thing, too. He gave me these. So, those belong to him. >> Okay. >> He took his ring off, said nobody cares about me here. Take these. >> Okay. >> So, other than that, we haven't run him through fields, though. Um we didn't want to move the bike. The bike's exactly the way it was. I didn't touch it. >> Then the tone shifted. Yazdi began telling the officers that nobody cared about him, even taking off his ring and handing over his belongings. >> 03 >> Yeah, I was coming up right here and here he fell off his bike right here. >> Are you going to talk to us? Are you okay? Are you hurting anywhere? Huh? >> Let me go. >> I want the ambulance. >> I know you you want. >> Do you want us to take care of you? Are you hurting anywhere? >> No. >> No? Do you want medical attention? >> No. >> All right. He just laid it down? >> He actually fell off and then he tried to pick it back up. >> I didn't fall off. >> Okay. All right, he doesn't want us to touch him, we don't touch him. >> Okay. >> He doesn't want to He refused medical. >> Okay. >> Just want you to stay right there. >> I refuse. >> Excuse me? >> I refuse. >> You're refusing? >> Yeah. >> Okay. So, you don't want to perform fields? >> No. >> Hey? >> No. No, I'm not okay. >> Okay, sir. Go ahead and turn around. >> No. >> Okay, come with me. >> I can I follow my my left foot. >> Yeah, I'm still going to I'm still going to I'm going to pat you down. I just want to pat you down in front of my camera. Okay, stand right here. Spread your feet apart. Don't move, all right? >> Yeah. >> Going to look at me? Open your mouth. Stick your tongue out. Stick your tongue out, sir. >> What? >> Sir. You listen to me? >> I listen. >> Okay, look at me. I just need to make sure you don't have nothing in your mouth, sir. That's it. Good. Thank you. >> Stop. Stop. Just give it for now. >> Yeah. >> What's that? >> I [ __ ] up. >> How come? >> Cuz >> All right. >> I >> Okay, listen to me. I'm about to tell you something important, okay? >> Yeah. >> You are under arrest for DWI. >> Yeah. >> New Mexico Implied Consent Act require you to submit to a blood test. You have the right to choose an additional independent test. >> I don't want to do it. >> If you choose to take an additional independent test, you have the right to reasonable opportunity to arrange for a physician, a licensed nurse, or laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test. The cost of this additional test will be paid by the law enforcement agency. >> [snorts] >> Can you put the >> Did you agree to take a test, sir? >> Yes. >> Okay. >> The arrest didn't settle Yazzie down as the officer tried to secure him in the patrol car, his frustration continued along with the same refrain officers had been hearing throughout the night. >> Lean back. Lean back, sir. >> I'm leaning back. >> No, you're leaning forward. Lean back. >> I can't lean back because it's hurting my wrists. Just >> I need to put the seat the seat belt. >> You do it. Who [ __ ] cares, dude? I'm not going down. You're just going down the road. Who cares? I'm not going to do anything you. Trust me. >> Do you also can you send me a 46 for the motorcycle, please? >> 10-4, 37. >> The criminal complaint added another detail the body cam footage did not. Yazzie's motorcycle registration was suspended. So even before the DWI investigation began, the bike was not legally registered to be on the road. >> I seen him like more than once cuz he almost fell over on >> I didn't even know it was him. I just saw I drove in. Well, we're looking for a 203 or 204 and I drove around the back and I saw Sharon Tolino and I drove in right here and I saw this bike. The guy gets on and then the light flashed in my eye and I just looked at it in the rear view mirror and it was going like this. So I drove it so I'm stopped and then he just like It stopped and he actually just like went off and then he fell off and then he got back up, went around and he was trying to pick it up. >> Oh, he fell off, huh? >> So he didn't actually like crash crash, but he fell off the bike cuz he stopped it. >> All right. So >> Then I asked him like, "Are you okay?" Then that's when I was like, "Oh, shit." >> Yeah, just verify with >> She hadn't set out looking for her sergeant. She followed the motorcycle because of the way it was being ridden. By the time she realized who was behind the handlebars, the stop was already underway. >> You seen him drive, he stopped and then he dropped it on the you know, he fell off and the bike dropped. So what it was stopped when it happened. >> He never just skidded or anything like that cuz I didn't see no marks. >> No. No. >> just in this section and then boom. So >> No crash but >> Yeah, my LT was just asking me if you wanted us to do it or if you were going to do one or if one was needed. So that's why >> No, I was going to ask >> to come in tonight, but he said that he was watching his little girl. So we just want to make sure that his daughter is not by herself somewhere, you know what I mean? >> Okay. >> We we we want to make sure that his his kids are safe. >> Okay, how old are they? >> Uh I'm not sure. >> Okay, I'll ask him to see if he wants to talk to me. >> Okay. >> Uh the 46 is going to take 45 minutes. >> Okay, who's coming out? >> A classy. >> A classy? >> It's usually what they give us. 20, 30 minutes is usually what we get anyway. >> Yeah, I'll ask him. See. Just to make sure. >> And then so he's not he's not married? >> Uh is he married? He's in Is Did he get married or is he engaged? >> I don't know. I'm not >> I don't know. >> He might be married. >> He might have got married. >> Okay. >> And then uh ask him for his attorney Spencer. You feel like the first You just go right ahead. I want to get with him about his duty belt. He's He's done and all that. So we're going to pick that up from his home. >> Yeah. >> you think? >> Okay. >> Right now if you can. >> By this point, officers were dealing with more than a DWI arrest. Yazzie's repeated comments that nobody cared about him had created another concern. Officers now wanted to make sure his children were safe and determine what should happen with his duty weapon at home. >> Right, sir. I'm going to read you your rights. You have the right to remain in silent. Anything you say can be used against you in court of You have the right to talk to an attorney and to have him present during questioning. If you cannot afford an attorney, one will provide you as a government expense before any questions if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. If you decide to answer any questions or make You may stop answering questions at any time to consult with an attorney. Do you understand what I just told you, sir? >> No. >> No? Okay, you just keep these rights in mind, okay? Do you want to talk to me? >> No. >> All right. Huh? Sir. No? Sir. Do you have kids? >> Wait, the fifth. >> Huh? I I want to make sure that they're okay. >> I plead the fifth. >> Huh? >> I plead the fifth. >> For more than a decade, Yazi had been the officer reading suspects their rights. Now he was sitting in the back of a state police cruiser invoking those same rights himself, even as officers tried to determine whether his children were safe. >> One for me and one for the tow company. >> Okay. >> I'm good about >> Can I get your phone number from you so I can call you later? Just so I can give you this back. >> Yeah. >> Ready? >> Yeah. You're all Whenever I'm done, I'll shoot you a text or something and then whenever you get done, I'm on till 8:00 in the morning. So I can meet you and give you your paperwork whenever. >> Okay. >> Sounds good. >> Thank you. >> Thank you. >> I trust you have Come with me. You can close your It's a brand new one, okay? I didn't cover the mouthpiece over >> You're refusing now? >> Yeah. >> Okay, I'm going to read it to you again. Turn around. Face me. Face me, sir. You're not going to blow it if you don't want to. Just face me. Listen to me. I'm about to tell you something important. >> I'm listening to you. >> Okay, you're under arrest for DWI. The New Mexican Implied Consent Act require you to submit a breath test to determine the alcoholic content in your blood. After you take your test, you have the right >> Mhm. >> Did you agree to be test? >> No. >> Okay. I cannot force you to take your test, but if you refuse, you lose you will lose your New Mexico driver's license or non-resident privilege for 1 year. If you are convicted in court of of driving while under the influence, you might also receive a greater sentence because you refused to be test. Do you understand? >> I don't understand you. >> Your right to speak with an attorney or remain in silent does not apply to the requirement of New Mexico law that you take your breath test. Did you agree to be test? >> I don't understand you. >> What do you mean? >> I don't understand you. >> So, I'm going to consider your actions as a refusal and you tell me you're refusing to, okay? Are you refusing, sir, cuz this is your last opportunity. Sir. >> The body cam ended with Yazzie under arrest for DWI and refusing the breath test. What happened after that would determine whether this night cost him more than his driving privileges. In the aftermath of the arrest, Sergeant Neal Yazzie was placed on administrative leave while the Gallup Police Department opened an internal investigation. Yazzie ultimately pleaded no contest. His sentence included fines, community service, DWI classes, substance abuse requirements, and a suspension of his driving privileges. His case also went before the New Mexico Law Enforcement Certification Board. Rather than revoke his police certification, the board imposed suspensions, placed his certification on probation for 1 year, and required counseling. And that is where this case ultimately lands. Yazzie did not permanently lose his ability to be a police officer in New Mexico. In fact, today the city of Gallup lists Neal Yazzie as a police patrolman first class with the Gallup Police Department. Tell us in the comments, after everything you just saw, should Neal Yazzie have been allowed to wear the badge again, or should this arrest have ended his law enforcement career for good?