UPDATED on Nov. 6, 2024:

The City of Albuquerque and HopeWorks have settled out of court to prevent a civil lawsuit from going to trial.

Robert DiGiulio tells 4 Investigates he was paid an undisclosed amount after settling a lawsuit claiming the city and HopeWorks created an extreme nuisance by allowing homeless people to create a health and safety risk outside his home.

Albuquerque’s legal spokesperson sent 4 Investigates a statement:

“The City continue to address the complex issue of homelessness from all angles to get more people get off the streets and into shelter to support clean, healthy neighborhoods. We reached a reasonable agreement in this case.”

HopeWorks did not respond to calls for comment.

Robert DiGiulio would tell you there isn’t a street in Albuquerque that sees the homeless epidemic like the one outside his front door. 

He bought his house on Third Street NW when there was a dirt lot across the street nearly 20 years ago. DiGiulio said he’d go out and watch the sunset. Now he only goes outside to “check out what’s going on.” 

Since buying his home HopeWorks has taken over the buildings across the street to serve the homeless population. DiGiulio sees the work they do at St. Martin’s Hospitality Center – which serves people up until 4 p.m. – as enabling more than helping. 

HopeWorks receives millions in public money to help homeless people.

“They’re still homeless, they’re still a problem for the whole neighborhood,” DiGiulio said. “‘We’re the good guys. We’re helping them,’ you know? No. You’re the good guys?! You’re like handing out heroin.” 

DiGiulio filed a civil lawsuit against HopeWorks and the City of Albuquerque in October 2020 claiming they are responsible for an “extreme nuisance.” He points to closed businesses, lost property value, needles, camps, damage to private property and vehicles as damages he’s suffered. 

However, he also claims his lawsuit could help the homeless by forcing the city to come up with solutions to get people off the street. 

“It could help everybody,” he said. 

It won’t help Mark Lavine. 

“I lost contact with him 6 months before he was murdered,” Magpie Karpenko said about her best friend Lavine. “If you met him, you guys would be buddies. I know it! He was that kind of guy.” 

Lavine’s killing was captured by DiGiulio’s vast network of surveillance cameras. Albuquerque police came looking for his video after Lavine was taken off life support two weeks after he was suckered punch outside HopeWorks. 

APD arrested Jose Garcia for murder. 

APD investigators found a manager at HopeWorks had banned Jose Garcia from the property after getting into a fight with Lavine over a barking dog inside. DiGiulio’s video shows Lavine was met by a man in a wheelchair outside of St. Martin’s, punched in the face, and then repeatedly punched as he lay lifeless on the ground. 

AFR first responders arrived 12 minutes later. Public records 4 Investigates requested revealed AFR had responded to 563 calls on the stretch of 3rd Street NW between Summer and Mountain since DiGiulio filed his lawsuit in October 2020. 

Analysis of the data found it’s 16 times more likely to see AFR on this block than other streets in AFR’s District 4 dispatch area which includes areas of downtown, Old Town, and the North Valley. 

DiGiuilo said he’s not looking for a payday, he’d settle for St. Martin’s moving to the edge of town. 

“In my mind, it’s trying to force the city and St Martin’s to actually do something besides feed and clothe the homeless and leave them on the street,” DiGiulio said. 

HopeWorks latest tax filing in 2022 shows they received more than $5.7 million in government grants. They referred us to their lawyer regarding the lawsuit. Our calls were not returned. 

4 Investigates asked the city for comment about the civil lawsuit and public safety on 3rd Street NW, a spokesperson for Mayor Tim Keller’s office wrote, “We don’t comment on pending litigation.” 

DiGiulio’s civil suit is set for a jury trial in October 2024.