A photo of Mark Williams’s truck bed when he was pulled over by LAPD. Courtesy photo
BY MAIRE O’NEILL
maire@loalamosreporter.com
A motion to dismiss was granted by Rio Arriba County Magistrate Judge Alexandra Naranjo in Los Alamos Magistrate Court in a case against Mark Williams, 70, of Los Alamos related to hauling pieces of rebar and boxes of empty wine bottles in the bed of his truck without putting the tailgate up. Williams’s attorney Bill Snowden initially filed a motion to dismiss the case and when the charging officer, Los Alamos Police Cpl. Jason Osborn, failed to to respond to that motion Snowden filed another motion to dismissed based on the lack of a response by Osborn.
The initial motion asked the Court to find that the facts in the case do not constitute a violation of the state statute on “Loads on Vehicles”. Snowden’s motion notes that on August 22, Williams was driving with his wife on Trinity Drive with the rebar and empty wine bottles in the bed of their truck, driving the speed limit and maintaining his lane when Cpl. Osborn initiated a traffic stop to “reprimand” Williams about the way the load was situated in the truck bed.
“There is no sign of movement of the load on the dash camera, nor did Officer Osborn mention observing the load shift during his recent PTI (pre-trial interview). Upon being pulled over, Mr. Williams is visibly upset, asking the officer, ‘Don’t you have anything better to do?'”
During this “high risk stop of a 72-year old,” the motion notes that two other LAPD officers, Sgt. Jemuel Montoya and Cpl. Kirk Williamson, arrived on the scene. Cpl. Osborn told Mr. Williams that he would he would only issue a warning if Williams raised the tailgate and placed the rebar against the back of it. Williams expressed concern that this would scratch his truck and refused to do it.
“During the PTI, Officer Osborn was unable to provide an answer as to how this loading method would have made the load (safer) in accordance with the statute. Besides the fact that this loading method would have made the load significantly more unstable. Additionally the officer indicated that he never offered to help strap the load. There is an O’Reilly’s Auto Parts store across the street from the Justice Center, the location of the stop. It is without surprise that Officer Osborn was unable to give a definition of community policing during his PTI,” the motion states.
“The three LAPD officers on scene were clearly losing their patience with Mr. Williams as Officer Osborn was writing the citation. Officer Williamson walked up to the truck and told him to shut off the vehicle as the officer was worried Mr. Williams might flee. Mr. Williams indicated it is 90 degrees and hot. On August 22, 2025, the registered temperature in Los Alamos County was a high of 88 degrees. Officer Williamson was not to be deterred and commanded the vehicle be turned off. However, Officer Williamson did not seize the keys from Mr. Williams. This action appeared to be of an overzealous officer upset his authority had been challenged. Shortly after Officer Williamson walked away from Mr. Williams’s window, Mr. Williams exited his vehicle and asked for the officer’s identification. Officer Williamson was concerned and told Mr. WIlliams not to walk up on him, simultaneously placing his hand on his sidearm,” the motion states.
“As Mr. Williams went back to his truck, Officer Williamson commanded Mr. Williams not to return to his truck but to sit on the front bumper of Officer Osborn’s vehicle. The car was running and the radiator was blowing directly on Mr. Williams’s back. During the PTI, Officer Osborn said his radiator does not really blow hot air. Of course ost police cruisers are equipped with larger aftermarket radiators; it is not known if this is the case for this particular vehicle (having a larger radiator). Needless to say, it was a hot day, placing a person against a radiator in the New Mexico sun seems unconscionable, if not done to torture. Mr. Williams became hot and uncomfortable and as he protested his situation, Officer Williamson, feeling again his authority being undermined, places Mr. Williams in handcuffs and again requires Mr. Williams to remain seated on the bumper in front of the radiator,” the motion states. “After the citations were written, Mr. Williams was released and allowed to leave with his truck and load in the same manner as it was situated at the beginning of the stop. In other words, the load was not secured in any other manner nor did the load shift, as evidenced in the photo taken by Mr. Williams when he made it to his residence.”
Snowden’s legal argument included his belief that the temperature on the day of the stop was such that the truck bed liner was heated to such a degree that the load was stable and not shifting in the back. He said Williams is seen on video driving in a circumspect and cautious manner and that the officer did not cite Williams for any other traffic violation or unsafe driving. Snowden notes that none of the items in the truck bed extended past the edge of the tailgate.
“Additionally the officer indicated that it is within his discretion to determine the if someone is in violation of the statute. This officer is unable to show how the load was not within the parameters of the statute. The load was placed in a truck bed that was constructed in a manner where the load was secured, The officer was unable to indicate what force would cause the load to become unstable. Additionally, Mr. Williams was allowed to leave the stop with his load in the same manner as the stop………The very fact that four officers were present at this stop, highlights that Los Alamos Police officers are too idle and are seeking engagement….. While the officer is not obligated to offer a plea to resolve this matter, his position that this case must be resolved through a trial is a waste of judicial resources,” Snowden’s motion states.
Williams was also cited for not having his driver’s license with him when he was stopped.