in late February 2023 newly elected
Santa Fe judge Dev Atma Khalsa was found
at his personal vehicle by the Santa Fe
Police Department
okay yeah I got one before roller looks
like we got someone outside of it hey
wherever you guys are coming up on my
vehicle just park more to the right of
it we're going to be off on the right
hand side
were you did you witness it yes okay do
me a favor just sit tight for me right
there okay
[Music]
we either drive as a car sir
all right you injured It Off
uh I got a little bit of blood
okay a couple scrapes
okay do me a favor are you able to get
down for me
okay
is anyone else inside the vehicle
no
AC Sunday okay
one male outside the vehicle seems to be
10-4 still start at 55 for us to check
his injuries and then when you're ready
for 20.
no you're right there right there
82 Santa Fe
hey Scott get with him he's the driver
of the vehicle
uh-huh
why isn't something yeah were you able
to get that for him yeah okay awesome
[Music]
[Music]
sorry
yeah she was I just need to get her 49
what she saw
how do you pronounce your last name sir
Khalsa okay Mr falsa do me a favor let's
see if we can walk
let's walk see we can walk this
direction see if we can get you back up
on the road for me okay
just follow my light right over here
actually stop for me right there give me
a3233 hey we brought him up to them
[Music]
what time is it
one
[Applause]
do you mind if we fight him in the mid
yeah that's fine for the tank Mr Carlson
follow these gentlemen right here okay
this is a little bit of a trip yeah yeah
I bet mostly
used
sir how do you pronounce your first name
is it Dev
yeah okay
all right sir
so just for my
my investigation on this okay
so when I was talking to you on scene I
could smell alcohol coming off your
breath so be honest with me how much
have you had to drink tonight
huh I don't remember talking to you you
don't no okay all right we need the um
ID to get the CT scan
because we use contrast to make sure
that there's no injury to like you're in
your blood vessels or anything else
my concern is you know that high speed
of an X with that many rollovers it's
real easy to have things happen and how
many rules do you think have them I
don't know I wasn't there I I was how
you you told me you didn't remember
yeah
never talk to you yeah
you just had a whole conversation with
me yes I was and your doctor
okay well I would like to get a CT scan
can we put an IV in so we can make sure
you're okay no
no you don't want you don't want to sit
in his hands so my concern is you could
have done something to you know your
order something like that you can walk
out of here no I remember pretty much
everything okay
so you don't want us to do anything
I mean you were allowed to refuse but I
really wouldn't recommend it
this is doing something it's checking
your blood pressure
look we're just here to make sure you're
okay
can we get the scans to get the IV
thank you
okay yes or no
I'm sorry if we can put an IV in so we
can get the CT scan
you realize that if we miss something
that you could walk out of here and die
no okay well that's my concern is if you
leave here and we miss something you
potentially could die if you're missing
an injury
because at that high of a speed there's
a lot of things
you were driving on the freeway
okay
okay how fast were you going
well you said Aloha
I don't know okay well since we don't
know any of this we really should get
this hand to make sure you're okay
okay all right
hold on we can let you go you can take
you okay
like I said there's a chance you could
die
but if you're accusing there's nothing
we can do okay
for missing an injury from the accident
hold on I'm going to finish talking to
you if you change your mind let us know
okay sure all right okay
so Mr Dev
so
being that I did talk to you I know you
don't remember talking to me on the
scene okay but I did talk to you I did
smell the odor of alcoholic beverage
emitting from your breath
so I want you to be honest with me how
much have you had to drink tonight
on conducting an investigation right now
if you refuse to talk to me you would
still be placed under arrest being of
what I observed and what I smelled you
were still going to be placed under
arrest for DUI
why
yes sir
what was that
I understand that sir but based on the
mechanism
I can smell it on you sir and the meds
confirmed that with me too that they
could smell it
so I'm going to read you something okay
it's important okay
I don't want to be here it's okay well I
have to I have to still do this
listen to me I'm about to tell you
something important including
it right you have you're under arrest
for DWI I am requesting that you consent
to have your blood drawn and test to
determine the alcohol and or drug
content of your blood
you have the right to refuse to consent
to my request if you refuse to consent
you cannot face criminal penalties for
your refusal do you understand that
right
it's a yes or no
Mr Dev do you understand that right yes
or no
I don't understand it
I can I can read it again if you want
this thing is
unfortunately we can't let you go sir
so I need to read this to you
so you understand okay
so I'm gonna read it again and it's a
it's a yes or no question
listen to me I'm telling I'm about to
tell you something important including
it right you have you're under arrest
for DUI I am requesting that you consent
to have your blood drawn and test to
determine the alcohol and or drug
content of your blood
you have a right to refuse to consent to
my request if you refuse to consent you
cannot face criminal penalty for your
refusal do you understand these that
right
foreign
[Music]
[Music]
I'm fine
then I need to read this to you and you
need to answer my questions
I've listened to the thing I'm not
answering them okay so you're refusing
okay
however refusing consent has the other
consequence in accordance with the New
Mexico implied consent act and state law
those consequences may include losing
your New Mexico driver's license or
non-residential operating privileges for
one year Additionally the fact that you
refuse consent may be used as evidence
against you in a court of law do you
understand these consequences yes or no
no
absolutely guys
I flipped my car that's all that
happened
I'll say I just keep reading it man it's
like this has already happened you can
complain all you want but this is
happening so
I'll just listen to what he has to say
and then we'll go from there but this is
this is happening additionally if you
consent to have it to have your blood
drawn and and tested you have the right
to choose an additional independent test
if you choose to take an additional
independent test you have the right to a
reasonable opportunity to arrange for a
physician a licensed nurse a laboratory
technician or a technologist who is
employed by a hospital or a physician of
your own choice to perform an additional
chemical test the cost of the additional
test will be paid for by the law
enforcement agency
knowing your rights to refuse consent
the possibility the possible
consequences
and your right to have an independent
test do you get consent to have your
blood tested
drawn in tested
so it's for a blood draw is what it's
called
it'd be simpler since we're already here
at the hospital it's not there are
nurses here that could do that
you just need to know whether you could
send to do any of this town
it does you know
[Music]
I will repeat my question Nolan you're
right to refuse to consent to have your
blood drawn and tested the possible
consequences
and your right to an independent test do
you give consent to have your blood
drawn and tested I was in a car accident
tonight
it was my car
and it was me that [ __ ] up and it
flipped
but it only flipped one time and
everybody's been saying there's been
multiple multiple flips
at this point right now we're concerned
about making sure you get medical
treatment no you're not you're doing an
investigation yeah and we're
investigating to make sure that you're
not ready
that's why we're doing that and we're
asking if we if you will get consent for
us to allow uplift off information no
okay okay
all right
I will repeat my question knowing you're
right to refuse to consent to every
blood drawn and test it the possible
consequences and your right to an
independent test do you give consent to
have your blood drawn and tested which
you have said no
if you continue to remain silent I would
consider that you to have refused my
requests I consider your actions to be
an ex exercise of your right to refuse
consent to have your blood drawn and
tested
cool
so at this point in time when we're all
said and done here you are going to be
placed under arrest for DUI
Yep this is
I just got my card
s
huh there's two there's two seats
all right
I'm gonna lift your shirt off
I just left the stickers on it and then
his phone and airpods and everything
okay okay
you need to go to the bathroom real
quick
all right go ahead and Scoot off the end
of the bed
okay hold on real quick
this Cup's going to come around and it's
going to go in the front of you so you
can go to the restroom okay
[Music]
give me one second
let me see this hand
let's go to the restroom right here
do you guys have a
key to this and he doesn't come out
right
here I'm gonna be here all day
I can
I can read it
all right sir
all right go ahead and stop right there
over here go ahead and turn around for
me
I prefer
we we have to we have to
know go ahead and turn on you're under
arrest right now I understand that but I
don't you don't need that dude
yes you are you just pulled away from me
it's a bad idea
right that's just the way it looks it
doesn't matter what you want because
what we say you're not in charge of this
situation right now
all right
yep let's go and Walk This Way
yes
go another seat watch your head getting
in okay
uh this this mouse is like you want me
to take the mask off sure okay
I want to pull your hair so if I do I'm
sorry okay
all right see both coming off real quick
yeah
no sir
step out of the vehicle for me
send what I've done so you're under
arrest for DUI
let's stand right here
let's walk up this way
we're gonna go into this cell off to the
left here okay
foreign
go ahead and stand up against this wall
for me real quick okay spread your feet
face the wall
so you can see you don't have anything
on you that's going to stick stab poke
me anything like that weapons guns
knives anything okay
sir all right couldn't find any smaller
cups but that's all we got for right now
okay
so I'm finishing up okay
okay
yeah go for it
I'm like
but I need you to use the restroom you
need to use the restroom again
I need to uh I'd like to
I really would like to
bike
ah
as far as I know I was just driving and
there was an accident and I'm all of a
sudden I'm here
and
the rest of it is between
you you know
let's stay tonight I get it but it's
like
not like
I didn't do anything wrong
um
I I understand your confusion and your
frustration right now okay
but
based on the facts of what I observed
what I smelled
how you were talking to me with your
third speech
that came to the conclusion of drinking
and driving
okay
can you let me go for now and like like
what was it but like
unfortunately once you're placed under
arrest I can't let you go
okay can I can I access my phone and at
least collect the others
just know nothing here
so that so that there's not this
election
Loop backlog where they're expecting me
to cover [ __ ] and I'm not covering it
yeah I can give you access to that here
when we get to the jail that way they
can they can let you pull some numbers
out that way you can make some calls
okay
okay
yeah you need to go right now
um yeah okay okay
so it's like all right sir
all right couldn't find any smaller cups
but that's all we got for right now I'm
okay
so I'm finishing up okay
okay I ask a couple questions yeah go
for it
oh I'm like
um
but I need you to use the restroom you
need to use the restroom again
I need to uh I'd like to
I really would like that
like
as far as I know I was just driving and
there was an accident and I'm all of a
sudden I'm here
and the rest of it is between
you you know
the state and I I get it but it's like
not like
I didn't do anything wrong
um
I I understand your confusion and your
frustration right now okay
but
based on the facts of what I observed
what I smelled
how you were talking to me with your
third speech
that came to the conclusion of drinking
and driving
okay
let me go for now and like like what was
that but like
unfortunately once you're placed under
your wrist I can't let you go
okay can I can I access my phone and at
least collect the others
just no gun here
so that so that there's not this
election
Loop backlog where they're expecting me
to cover [ __ ] and I'm not covering it
yeah I can give you access to that here
when we get to the jail that way they
can they can let you pull some numbers
out that way you can make some calls
okay
yeah you need to go right now
um yeah okay
the same same thing before cups go in
the front
okay
and then um I'm gonna get back over here
then
just pretty much how we are right now
okay
I'll get it I get your frustration I get
why you're upset okay
the end of my life
oh I mean you have to understand at the
end of the day I still have a job to do
okay sometimes I don't like what I have
to do I don't like ruining people's
lives but
sometimes I gotta do what I got to do
okay
we're gonna walk right back this way
so right right over here
right in here let me turn the light on I
gotta leave the door a little prompt
okay since we're at the PD okay
no I'll talk to the jail and we'll be
able to get you some food it should be
almost uh should be almost breakfast
time there
okay
just go ahead and have a seat I just
need to finish up some paperwork and
then we'll be on our way okay
let's go ahead and turn around and sit
down
access your cuff here real quick
okay
Khalsa pleaded not guilty to DWI
careless driving and driving without a
license if convicted calls up faces up
to 90 days in jail he has been ordered
to not conduct any hearings until
further notice