Silver City Police won't fire officers in botched DWI investigation of district attorney Copyright by KRQE - All rights reserved Video

SILVER CITY, N.M. (KRQE) - While the Grant County District Attorney Francesca Estevez has denied driving impaired in an accused reckless driving incident that was caught on camera, the Silver City Police Chief now says his officers should have tested the DA.

Preceding a Monday news conference about the incident involving four of his department's officers, Silver City Police Chief Ed Reynolds all but admitted that Estevez, the Sixth Judicial District Attorney, got "special treatment" during a June 11 traffic stop.

However, the Chief says he won't fire any of the officers involved.

Web Extra: Full police video from DA Francesca Estevez traffic stop >>

Estevez was contacted by Silver City Police and New Mexico State Police last month as she was pulled over in a gas station parking lot. A witness initially called 911 to report Estevez driving erratically on a highway outside of Silver City. The witness recorded video of Estevez's state owned car weaving on to the shoulder and into on-coming traffic.

While some officers were captured on lapel camera recordings expressing concerns about Estevez's sobriety, officers eventually let her go.

Silver City Police Chief Ed Reynolds told KRQE News 13 Monday that his officers let Estevez drive away from what should have been a DWI investigation.

"Law enforcement failed to do its job," said Chief Ed Reynolds.

Silver City PD Chief Ed Reynolds recorded remarks on Estevez Incident:

The comments come as the department has spent weeks conducting both a criminal and internal investigation into the incident. The Chief says officers should have tested the district attorney, but that the call was mishandled from the moment the first officer spoke to Estevez.

"At first contact, the officer failed to properly investigate," said Chief Reynolds. "There was a complaint she responded to, which was reckless driver and possibly intoxicated. (Officer Lopez) should have contained the scene, introduced herself, gone through the proper procedure to determine if in fact there was again, at the least, no matter which law enforcement, there should have been at the least a standard field sobriety test done."

Through her attorney, former Sixth Judicial District Attorney Jim Foy, Estevez has denied being impaired. But Chief Reynolds believes there were enough factors for officers to test Estevez.

"The DA should have not been allowed to leave the scene without a proper DWI investigation being conducted," said Chief Reynolds.

Chief Reynolds told KRQE News 13 that Estevez's role as the local District Attorney played a role in officers giving her what many have called a "free pass."

Copyright by KRQE - All rights reserved Silver City Police Chief Ed Reynolds

Copyright by KRQE - All rights reserved Silver City Police Chief Ed Reynolds

"I think that there was a certain amount of intimidation that ended up occurring on the officers part as to who they were dealing with," said Chief Reynolds.

As for the officers involved in the incident, Chief Reynolds says only two of them are facing punishment. First, Officer Leticia Lopez, who was the officer who first contacted Estevez. Second, Corporal Jason Woods, the on-shift supervisor who was also at the scene.

However, Chief Reynolds says neither officer will be fired. He also told KRQE News 13 that officers' discipline is a private personal matter.

"These two officers are very good officers, they failed to do their job on this one," said Chief Reynolds. "It's just, it doesn't rise to a termination issue."

As for Estevez, Silver City Police says it has closed its criminal investigation into the district attorney's driving. The department says it looked into a "reckless driving" charge, however, the witness who first reported that call has not returned the police department's calls.

In a recent interview with KRQE News 13, New Mexico State Police Chief Pete Kassetas also said the department won't pursue any charges. Grant County Sheriff Raul Villanueva has also told KRQE News 13 that his office is "not looking into this matter involving DA Estevez."