Albuquerque Police Department. Nicholas, open the door. >> You said you said you were off. You know what? I'm back over here. Are you Are you supposed to be on a bus? That's why my daughter's supposed to be with my wife. I can't get a hold of my daughter because my wife is going to take a deep breath for us. >> Now you're going to fight with me. >> My father for what? >> Yeah, you should know where your daughter is. >> Monday, December 5th, 2022, Albuquerque, New Mexico. What began as a routine night at the Hawthorne shelter turned into a 13-hour investigation that ended with the activation of an Amber Alert across the entire state. A 5-year-old girl, Oriana Clinton, was reported missing while in the care of her father, who was under the influence and unable to explain her whereabouts. The search not only highlighted the urgency of locating a child exposed to winter temperatures, but also revealed a long record of instability, substance dependency, and repeated challenges faced by child protection services in monitoring this family. I'm Tyler and this is your daily dose of crime. >> Yeah, thank you. >> 229, but don't stop here. 229. We're going to go and talk to him. Does the mother live here, too? >> No. Mother is calmness. >> She's trans. >> Yes. >> So, what did he say happened? >> Uh, he said they were on the way to go shoot with her >> and um he kind of stepped out of the bus. He thought she was behind her. Um, but turns out it was not. So, he stepped out of the bus without her. >> She stayed in the bus >> or she stayed in the bus and he went, he got back on the bus to see if they could go to the end of transit. He said they were on a a trip 7 bus or bus going westbound >> and he went he stopped on the I for I don't know if it's called Tris the transit center going there and he couldn't find it there. >> So then he thought maybe they got over here somehow. Uh so he called he called us around like um he called us around 7:40 asking if we had her. We told her she's not here. He picked her up at 4:00 here. >> 4:00. Yeah. >> Yeah. Yeah, he'll pick up 1420 and then they both left from here. It's allegedly happened 2 hours ago. >> Yeah. Uh so yeah, >> here intoxicated. >> Yes, he came in here to see if she was in the room. She wasn't. We checked the room as well. She wasn't here. >> He Yes, he does appear basically intoxicated. >> Is it just them in the room? >> Just two of them? Yes. >> Just that two? Okay. Yeah. >> No other kids. That number you call them, is that a good contact number for you? >> Yes, this is our phone as a 247. >> All right. Thanks. >> This is bad. >> Yeah, this is not good. >> Well, she's on freaking city bus with a bunch of 39 drivers. Could be anywhere. >> That's her number. She's playing the room. >> Police department. >> Albuquerque Police Department. Nicholas, open the door. >> Nicholas, you have to open the door for us. >> Officers arrive at the Hawthorne shelter after an emergency call from staff. The alert had been triggered because resident Nicholas Clinton returned alone, clearly impaired and without his 5-year-old daughter. Something highly unusual since the girl was always by his side. Clinton had been living at the shelter for months with her as the family had no stable housing and the facility was the only institutional option that allowed them to stay together under minimal supervision. Yet behind that arrangement was a history of domestic disputes, substance, and repeated interventions from child protective services. >> We are coming in there, Nicholas. >> Hello, police department. What took you so long to come to the door? >> Charge all my life. >> Okay. Can we come in, please? >> Step out, man. >> Do you mind if I just check the room real quick and make sure the kid's not in here? >> Come out here. Nicholas, come out here. You come out here, man. Come here. >> We got to figure out what's going on there. Come out here. Right here. You lean up against the wall. Come here. >> What's What's going on? [Music] What's What's going on? >> My daughter was supposed to be my wife. I came >> daughter supposed to be with your wife. >> Yes. And I left and my wife said, "What's your daughter?" I'm like, "What? She supposed to be with you?" >> Where's your wife supposed to be? >> Going back to Joson. >> Joey Johnson? >> Yeah. >> Okay. >> So, I thought my wife was here. So, I left and I went and like, "Wait, where's your daughter?" So I got her. Okay. Then we got her. I come back here. Which daughter? She got her, right? So no, I thought she was you. >> So So okay. Does Does mom have a car? >> No, she doesn't. >> Okay. >> So then how was she supposed to get the kiddo back here? >> No, she had she had the she had my wife. Wife had my daughter for >> I took her to go see her her wife. My wife. I went took her to go see my daughter. >> Okay. And she's supposed to be with my wife. >> She's supposed to be with your wife, but but you said you came back here to look for her. >> Yeah, that's what I said. My wife called me and said I'm here with your daughter. >> Your wife called you? >> No, earlier. >> Earlier. >> Earlier. >> What What time was this? >> This is about about maybe hour and a half ago. >> Hour and a half ago. And your wife was with your daughter. Is it? >> Yeah, I was supposed to be with my daughter cuz I left them both. I said, "Here, his daughter." I left and then my wife got come pick up my daughter. So I came back. I left. >> Okay. >> I went back to >> You came back, picked her up. >> Yeah. >> Picked up your daughter to come back here. >> Yes. I went back and I said, "Here's your daughter." Well, go back. And then since I left, I came back. I said, "What's all that?" I'm getting phone calls. Your daughter's not here. >> So you're saying that when you went back to your wife, she didn't have your daughter? >> No, she had a daughter. >> Okay. She had my daughter. >> You guys hop on the bus to come here? >> Yes. and she gets left on the bus. >> We hopped on the bus to leave here and she's left got left on the bus and I've been trying to talk. >> How did that happen? >> Cuz my daughter my wife was having a altercation with another female on the bus. >> Your wife was you guys all three of you guys were on the bus? >> Yes. >> Okay. >> And so I said, "Where's your daughter at right now?" I said, "Where's your daughter at?" Oh, I left her. So I went and I left to go find my daughter. Well, she on the bus. So I left and went. I said, "Well, I'm going to go find her right now." So that's why I left. I went back down here and my daughter's like, "Hey, I'm I tried to find my daughter. You can't I can't find her daughter." >> What? Where? >> Why did you get off the bus without your daughter in the first place? >> I wasn't there. She got off the bus without her daughter. >> Inside the room, officers find a scene that confirms their concerns. Clutter everywhere, empty bottles of alcohol scattered, and Nicholas barely able to remain on his feet. When asked where his daughter was, his story shifts constantly. first saying that she was with his partner, then claiming he couldn't remember. These contradictions not only blocked any clear search direction, but also reflected a well doumented pattern in his past. Alcohol is and a family environment marked by instability. For investigators, each vague or contradictory response wasn't only a sign of intoxication. It was proof that the child could be in real danger and that time was running out. >> You said you said you were off. You know what? I'm back over here. >> Are you Are you understanding that? >> Okay. I'm trying to understand what you're saying. >> I said, "Why did you get off the bus when your daughter's with you and I'm back over here where we're supposed to be at? Now I'm trying to go back down there to go find where you were at. And now my daughter's gone." >> I just don't I don't understand why if you guys were all three on the bus, right? Right. >> No, she left. I came back, got her, and took her on the bus. I left and she left to take my daughter when I picked up my daughter from here. >> Okay. >> And so that's what happened. And that's she's like, "Do you have your daughter?" No. I said, "Do you supposed to have her?" >> So why your daughter's not with me? I'm like, "What the you tell me your daughter's not with you?" >> So where is your wife at? >> I don't know. My phone My phone's dead. I can't even call her or nothing. My phone is completely dead. You want to see my phone? >> No, I don't care about you and your phone. >> No, I don't care about my daughter right now. My daughter's supposed to be on a bus. >> My daughter's supposed to be with my wife. I can't get hold my daughter because my wife is here. That's what I'm trying to tell you. >> So why the trying to tell me we go better find my daughter. >> We're here. That's why we're here, man. >> Well, go look on the buses and [ __ ] >> We got to figure out where you guys have people checking the buses. >> Okay. >> She's supposed to be on the bus right now. She supposed to be my wife and I'm back here. I'm going to run back. That's why I'm here. >> Look, we're trying to figure out what's happening so we can find your daughter. Okay. That's why we came to talk to you. We have other people looking on the buses. Okay. >> You're here talking to me to find my daughter, but you're not finding her. >> Okay. >> She's on the bus. Go find her. >> We're checking the buses right now. We have other people checking the buses. >> Like I said, I can't call my wife because my phone is dead. You want to see my phone? My phone is dead. Broken. I can't call her. Take a deep breath for us. >> [ __ ] you. Right now you're under arrest. >> For what? Underrest for what? >> For what? >> Put your hands on your back now. >> You don't want to fight with me. >> What the you police officer? >> Put your hand on what? >> On what? >> Put your hand behind your back. >> You're on camera, right? Jeremiah, you're back. >> For what? >> You're under arrest. >> I'm sorry. Please, officer. For what? >> Ain't for child of child. >> Yeah, you should know where your daughter is. >> Tension in the room escalates until officers are forced to restrain Clinton and take him into custody. His physical resistance, combined with his intoxicated state, makes it clear they won't get any reliable information from him about the girl's location. Meanwhile, the only solid lead comes from earlier that evening. The girl had last been seen around 6:00 p.m. on Monday, December 5th, when Clinton tried to board a city bus with her. Witnesses said the driver refused him entry because of his obvious intoxication. Minutes later, surveillance would capture Clinton alone at the Cabana liquor store and this time without his daughter. That detail would mark the beginning of the critical window in which she had been left unaccounted for, exposed to the streets. With Clinton under arrest and no clear answers, the search became a race against time. That gives you any right to do what you got to do. Right. >> I told you you were under arrest. Put your hands behind your back and you wouldn't. >> No, I didn't. You didn't tell me I was under arrest until after the fact. >> You're going to jail, dude. >> For what? >> I just told you. >> No, you didn't. >> You just attacked me, bro. >> You just attacked me, homie. >> We didn't attack you. You attacked us. >> How did I attack you? There's a camera right there. >> Yeah, there is. >> Yeah, there is a camera. >> We got cameras, too. >> We got camera, too. Yeah. >> You don't step toward You don't step towards us like you're going to You don't step towards us like you're going to fight us. >> I step towards you. >> Yeah, you did. >> You faced towards him like you were going to headbutt him, dude. >> Tell it to the judge. >> You tell whatever you want. >> All right. Here's what's going to happen now. Okay. >> We're going to sit you up. We're going to walk downstairs. Okay. >> If you resist us anymore, then we will use force on you again. You understand? >> For what? >> If you resist anymore, >> for what? >> Assault on a police officer. >> Assault on a police officer for what? Guys, what kind of assault? >> All right, sit up, man. >> If you try to fight us anymore, we're going to use force on you again. Stand up. >> Ready? 1 2 3 go. What kind of force? What What am I doing to you? You're sitting here intoxicated. You don't know where you're finding. That's ridiculous. >> I know where my daughter's at. Don't know. >> I said my daughter's supposed to be my wife. >> That's why I'm trying to find out. That's what we were trying to find out, too. So what's the point of you trying to >> No, I say nothing to you. I said right here. >> I ain't no first place, man. We're trying to find your daughter when you tell you're going. >> So So you're trying to trying to find something and you attack me? >> Trying to headbutt a police officer. >> No, you attack me >> for what kind of assault? >> We just explained it, dude. >> You didn't explain. >> You acted like you're going to headbutt me or hit me. >> I wasn't going to head but hit you. >> You acted like towards me like that. >> We're actually Look at this right here. His action speaks otherwise too. I ain't doing nothing. Look, look how aggress is to me right now. I'm not even doing nothing to you. Acting the car >> for what? >> Cuz you're in arrest. >> No, I'm not. All right, homie. They attack me while I was cooking up. They threw me on the >> I'm not talking to you right now. >> Well, I'm talking. >> Am I aggressive? Never been aggressive. You got you guys running right now. Oh, cameras will see otherwise. Watch. >> It will. It will set otherwise. >> Watch your head. >> Watch your head. >> I'll get my feet. >> You good? >> Yeah. >> Assuming you both are involved. >> Yes. >> All right. >> Uh we're talking to the dude about his daughter. He's getting upset with us cuz we're here and not out looking for his daughter. Trying to explain to him, "Dude, we have people looking for your daughter, but we need to get info from you. He's extremely intoxicated. We're having a hard time understanding what he's saying. I told him, "Dude, you need to take a deep breath." Because he started getting a little agitated with us. >> And then he just balls up his fist and lunges at Garrett like that about this close. So I grabbed him by the arm at that point and said, "All right, remember that's for our police officer. >> I just >> So what kind of force was used? Uh, take down. >> Um, >> take down. >> Well, so we're in a really, really narrow hallway trying to get him onto the ground, giving him commands to get on the ground. >> Um, at one point we ended up going into the wall with him and we're finally able to get him on the ground. Um, >> okay. >> But yeah, it was going to take down. It's going to be level two at least. The >> disappearance of Oriana stretched on for more than 13 hours. Overnight, she ended up at an improvised camp on the 100 block of Virginia Street Southeast where two individuals gave her blankets and food to get through the cold with temperatures dropping below 50° F. At dawn, she would be seen with a woman who helped her onto another bus near Central Avenue. It was there that a passenger who had just received the Amber Alert notification on his phone at 9:00 a.m. on Tuesday, December 6th, had recognized her from the description. The bus was intercepted moments later at Central and Gerard, where APD officers confirmed her identity and ensured her safe recovery at 9:23 a.m. For Nicholas Clinton, the outcome was judicial. What began with an arrest for resisting and assaulting officers would escalate into more serious charges. Prosecutors filed child charges, a felony which remains open and if convicted could carry up to 18 years in prison. In addition, he was found guilty of contributing to the delinquency of a minor and sentenced to 10 months in the Metropolitan Detention Center.