A 56-year-old Albuquerque woman plans to sue the city of Santa Fe after a police officer smashed her car window and arrested her during the Christmas Eve Farolito Walk last month.
In a tort claims notice filed last week, Cathy Williams alleges Officer Scott Waite yelled at her and "was out of control" as she attempted to drive to her parents' home near the Delgado Street bridge on the evening of Dec. 24.
The allegations mark the second time in eight months that Waite, a 13-year-veteran of the Santa Fe Police Department, has been accused of overreacting to a situation. A local Sikh from India accused Waite, 47, of injuring his arm in May after the man was arrested for running a stop sign and resisting arrest.
Santa Fe Police Chief Eric Johnson defended Waite on Tuesday, saying he's a "very good officer" and not overly aggressive.
"Based on the information I have, I think he took the necessary action, but I can't comment further than that," Johnson said, citing the pending lawsuit. "There's always two sides to every story."
Williams, in her tort claims notice, said she left Albuquerque with her cat after work on Christmas Eve and drove to Santa Fe. It took her an hour to get from Cordova and Old Santa Fe Trail to East Alameda and Delgado streets, she wrote in the letter. There she met Waite and tried to show him her "farolito pass" that she believed would allow her to drive to her parents' home across the bridge.
"The officer did not want to let me onto the bridge and began to hit my driver's window very hard with some kind of weapon as I asked him if I could call my family to verify them expecting my arrival," Williams wrote in the tort claims letter. "Officer Scott Waite was out of control and unwilling to interact in a civil manner with me."
Williams pleaded with the officer to let her pass, but he yelled at her he couldn't let her through, according to the letter. Waite then demanded to see a driver's license with an address in the area, and Williams told him she didn't have one.
"He made it clear that he was not going to let me pass and I slowly backed up and turned back onto East Alameda to head east," the letter says. "As I was doing this (which is what I thought he wanted), Officer Scott Waite again began hitting the windows of my van breaking the right passenger window. ... The glass shattered all over the inside of the van frightening me and my cat."
Williams then drove to a nearby parking lot and called her father and asked him to come down and meet her at the intersection of Delgado and East Alameda streets. She returned to the intersection, where Waite approached her car and pulled "me roughly out of my van forcing me up against the side of my van."
"Officer Waite began yelling loudly and roughly for another young officer to help him hold my hands back so they could together handcuff me," the letter states.
She was then placed in the back of a police car for more than two hours before being booked into the Santa Fe County jail, the letter says. Her elderly parents had to spend $500 to bail her out at 12:45 a.m. Christmas Day. She was charged with disorderly conduct, resisting arrest and interference with traffic.
A local resident and her husband who were preparing their two young children for the chilly Farolito Walk witnessed the confrontation. The resident, who asked not be identified, said she was across the street and heard the officer speaking to Williams in a loud voice, telling her she had to move her car.
The officer became more "aggro" and pulled out his baton and broke the minivan's window, the woman said. The minivan then drove away, she said.
"(My husband) and I looked at each other and we were like, 'Oh, my god, did you see that?' " the woman said. "We couldn't believe that cop did that."
After finishing dressing her two young children, she and her family crossed Alameda Street. On the other side, she noticed the woman had come back and was now in handcuffs by the side of the road, she said.
"I was shook up," she said. "This was an older woman. She was like my mom. This was Christmas Eve on Canyon Road. It's a family thing. That was ridiculous."
Waite's police report says Williams interfered with pedestrian traffic, refused to move her vehicle and refused to get out of her vehicle. Johnson said the city does issue farolito passes, but holders must arrive before 5:30 or 6 p.m. Williams' police report indicates she was arrested at 7 p.m.
Johnson said Williams' complaint is being investigated.
In general, an officer might break a car window if the officer feels threatened or to stop the car, he said. Also, he said drivers often become upset during the Farolito Walk or Zozobra, when streets are closed.
"Every year, we have people who are upset when the roads are closed," Johnson said. "I think Officer Waite is a very good officer."
The incident in May involved a Santa Fe man named Sarub Singh, who claimed he didn't see Waite behind him May 1 when Singh ran a stop sign near Tiny's Restaurant and Lounge, 1015 Pen Road. Singh pulled over at his office nearby and said he didn't see Waite until the officer yelled at him to stay in his car.
Singh walked toward the officer, which caused Waite to push him up against his car and handcuff him, Waite's report said. Singh said he didn't understand what was going on, and his shoulder and wrist were injured in the arrest. Singh said he believed Waite saw his turban and dark skin and jumped to conclusions about him.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.