Monica Leann Dale hit by truck after asking Farmington police for ride

Monica Leann Dale told officers with Farmington Police Department that she was a victim of domestic violence. On the side of the road, she asked the police for a ride to the home of a family member; they refused to give her a ride. Then, she got hit by a truck and was tragically killed.

This is a story about the rights of domestic violence victims, the lack of transparency and compassion among officials at Farmington Police Department, and the dangers of walking in the middle of the road while intoxicated.

It’s July 17, 2023 at about 12:27 a.m. at Troy King Road and West Main Street in Farmington, New Mexico.

A concerned driver calls 911 after nearly hitting Monica Leann Dale while allegedly walking in the middle of the road.

Officer Alonzo Garnenez and Officer Robert Shuttleworth of Farmington Police Department respond to the area, and start questioning Monica.

Monica Leann Dale wanted a shelter away from her abuser

Officer Garnenez asks Monica if she needs any assistance, to which she responds by requesting a ride. Monica states that she was trying to go to see her cousin, or her grandma, both presumed to be at places of shelter.

Instead of giving Monica a ride, they run her name and date of birth through dispatch to check for warrants.

I requested a copy of the Farmington Police Department policy that prohibits or allows peace officers to transport members of the public in a police department vehicle to locations other than the San Juan County Adult Detention Center.

The policies that the Farmington City Clerk’s office provided me in response were silent on whether or not officers could give rides to domestic violence victims. To me, that means officers should know that giving victims a ride is allowed, pursuant to the Family Violence Protection Act.

Ask yourself why these officers claimed that they could not give Monica a ride.

Lack of Transparency

Farmington Police Department’s Record Technician Jessica Kennedy took three months to provide me with the body worn camera video and dash camera video from this incident.

Also, the City of Farmington Clerk’s Office provided me with a State of New Mexico Uniform Crash Report Supplemental Narrative of their investigation of this incident. It concluded by saying, “Based on the evidence gathered on the scene, injuries, statements, and the damage to the vehicle, this crash happened because the pedestrian was in the roadway and there was no way the driver could have avoided striking the pedestrian.”

Following the news of Monica’s death, a group made up of friends, a legal guardian and a parent of two of her children filed a lawsuit against the City of Farmington, Robert Shuttleworth and Alonzo Garnenez.

Plaintiffs seek damages for violation of the New Mexico Civil Rights Act, violation of the New Mexico Tort Claims Act, negligent training and supervision and loss of consortium.

The New Mexico Tort Claims Act waives sovereign immunity for wrongful death that results from “failure to comply with duties established pursuant to statute or law or any other deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.” NMSA 1978 § 41-4-12.

This case differs from the landmark case laws such as Castlerock v. Gonzalez and Deshaney v. Winnebago which conclude that officers have no duty to protect anyone pursuant to the Due Process Clause of the 14th Amendment. What’s different in the case involving Monica Dale is that the plaintiffs are not making a claim pursuant to the Due Process Clause.

Instead, this case is making the claim that the officers who failed to give Monica a ride to a place of shelter have waived their sovereign immunity by failing to comply with the Family Violence Protection Act, among other statutory laws.

Broadly speaking, I don’t think that we should rely on the government to protect us.

However, if your family member or loved one was in a similar situation on the side of the road after sustaining a head wound during a domestic violence incident, would you rather the officers leave them on the side of the road, or give them a ride to a place of shelter?

Adam Howell is a writer who believes in free press and the importance of the constitution. He can be reached by clicking on this link to the contact page.