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|accessdate=August 24, 2015}}</ref> The resident later testified that Boyd threatened them.
|accessdate=August 24, 2015}}</ref> The resident later testified that Boyd threatened them.


The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of negotiation, officers fired a [[Taser]] then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg.<ref name=APturning /> Police have said he still had a knife in his hand. Boyd arrived at the [[University of New Mexico Hospital]] emergency room at 8:15&nbsp;p.m., underwent extensive surgery, and was pronounced dead of [[major trauma|massive trauma]] at 2:55&nbsp;a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.
The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of unsuccessful negotiation, officers fired a [[Taser]] then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg.<ref name=APturning /> Police have said he still had a knife in his hand. Boyd arrived at the [[University of New Mexico Hospital]] emergency room at 8:15&nbsp;p.m., underwent extensive surgery, and was pronounced dead of [[major trauma|massive trauma]] at 2:55&nbsp;a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.


The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.
The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.

Revision as of 02:46, 4 October 2016

Shooting of James Boyd
DateSunday, March 16, 2014 (2014-03-16)
Location Albuquerque, Sandia Mountains, New Mexico, U.S.
Coordinates35.080927, -106.482351
Also known asU Mound
CauseGunshot wounds
Filmed byAlbuquerque Police Department helmet camera belonging to Dominique Perez, several other body cams
ParticipantsKeith Sandy and Dominique Perez (shooters)
James Boyd (victim)
OutcomeHomicide
DeathsJames Boyd
Non-fatal injuriesGunshot wounds, blunt force trauma from beanbag round, dog bites
BurialSandia Memory Gardens
InquiriesFBI, DOJ, OAG, DA, special prosecutor
SuspectsKeith Sandy and Dominique Perez
Charges Second-degree murder
VerdictTrial in progress
Litigation$1.75 million lawsuit by Boyd's family against APD settled for $5 million [1]

James Matthew Boyd was fatally shot by Albuquerque Police Department officers Keith Sandy and Dominique Perez on the evening of March 16, 2014, in the foothills of the Sandia Mountains in Albuquerque, New Mexico. A resident of a nearby subdivision called police at 3:28 p.m. to report that a man had been camping in the mountains behind his house for the previous month. Two Open Space officers were the first to respond. They approached Boyd as he lay under a tarp or cover; he became irate and produced a knife, threatening one of the officers with it. [2] [3] The resident later testified that Boyd threatened them.

The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of unsuccessful negotiation, officers fired a Taser then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg. [3] Police have said he still had a knife in his hand. Boyd arrived at the University of New Mexico Hospital emergency room at 8:15 p.m., underwent extensive surgery, and was pronounced dead of massive trauma at 2:55 a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.

The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.

Background

A May 29, 2014 autopsy report by the medical examiner at the University of New Mexico said a toxicology screen was negative. Boyd did not have either drugs or alcohol in his system when he died. [4] [5]

James Matthew "Abba" Boyd, 38, was a 6'1", obese, homeless man. Authorities said he had been diagnosed with schizophrenia. [6] He had been a prisoner in the Bernalillo County Jail[ citation needed] in Albuquerque and the Doña Ana County Jail in Las Cruces, New Mexico. He had also been transported to a mental health hospital at the University of New Mexico. The last lawyer to represent James Boyd, John McCall, says he had no doubt that his client was mentally ill. However, he said, the New Mexico Behavioral Health Institute, a state mental health hospital in Las Vegas, NM, determined that he was not dangerous, and also that there was no treatment that would render him competent to stand trial. Therefore they released him. McCall said Boyd was creative but clearly delusional. [7] [8] A cousin remembered him fondly from visits to an aunt's farm that allowed them both escape their families for a while. Boyd's cousin described him as funny, sensitive and intelligent. [9] But Boyd's had an alcoholic mother and a physically abusive father, and he was placed into sexually abusive foster homes by the time he was five. This led to his entry to the juvenile justice system at fifteen, where he remained for two years. He had barely turned 18 when he was arrested again. Those charges were eventually dropped, but by then he had already spit jalapeño at a jailer's eyes and tried to escape. By the time his family got him a lawyer for the new charges, he had already entered a guilty plea and was waiting to be sentenced. [9]

Boyd understood by then that he was mentally ill and asked at his mental health evaluation to receive probation, counseling and job training. However he was found competent to stand trial and instead was sentenced to ten and a half years in jail. All his appeals were denied and he spent seven years in prison. [10] Todd Holmes, the Alamogordo lawyer who tried to prevent his incarceration in that case defended Boyd again in 2001. Boyd had been arrested trying to enter Holloman Air Force Base, claiming he was on a mission from Gerald Ford that involved national security. Boyd's mental deterioration while in prison was evident to Holmes. He says that it was after his release that Boyd began to identify as Abba Mobus Abadon, derived from "God" and the Hebrew word for "a bottomless pit". [9]

In January 2002 Boyd was arrested while breaking into the Las Cruces offices of the FBI. [9] In 2005 he was arrested for assault after he told a man in downtown Albuquerque's Civic Plaza "I am God and I want to hurt you." [10] Charges were dropped four months later. He was arrested again in 2007 for refusing to leave a fire station. He told firefighters he was a government agent and wanted to send them to hell. On arriving at the jail, he punched a corrections officer. [10] In 2009 he got into a fight at a homeless shelter and cut another man with a box cutter. [10] In 2010 staffers at the downtown library called police because Boyd was telling people he was God and frightening them. He broke the nose of the police officer who responded. [9] While incarcerated Boyd was charged with breaking a window at the jail. He later said guards had refused to feed him. [9] Boyd was again referred to the state mental health hospital after McCall represented him on the charge for breaking the window. [9]

At 1 a.m. on February 27, 2014. Alexander Thickstun, who lived at the base of the foothills on the street just below Boyd's campsite, heard his dogs barking "hysterically" in his backyard. When he went out to retrieve them, he heard yelling coming from the mountain above him. Thickstun testified he heard "Boyd yelling irrational things at another man in the middle of the night", including threats against another man. He called police, and they drove down his street. On the night of the shooting, he said he did not think they actually had gone up to the campsite to investigate, per his statements to a police dispatcher and an internal affairs investigator. [11] Thickstun said he was "terrified". [12] The prosecutor, referring to that night, asked Thickstun why he didn't call the city's non-emergency assistance (311) line that night to try to offer help to Boyd, but instead called 911. "I feared for my safety so I did not want to just call 311 to donate something to him,", Thickstun said. "I don't want (Boyd) around my family; I don't want (Boyd) around my house." [13]

Standoff

Officers responded to the base of U Mound, the foothill area [14] where Boyd was camped in violation of park rules that require a permit for camping in City of Albuquerque Open Space areas. [15] Although he was very close to the Sandia Mountain Wilderness in the Cibola National Forest, Boyd was camped within Albuquerque city limits, approximately a hundred yards from the home of an alarmed nearby resident who called 911 to report his presence.

Boyd produced a pocket knife when the Open Space officers tried to search him. They say that Boyd threatened to kill them if they came any closer. One, John McDaniel, testified that Boyd did not attack him, but that he did threaten him, saying he was going to kill McDaniel and and refusing to show him his hands. McDaniel said that since Boyd displayed a knife when McDaniel and another officer moved to pat him down, they did not complete the search. [16] Additional officers responded. Crisis Intervention officer Brock Knipprath, who was at the scene, later testified at the preliminary hearing that Boyd would not negotiate and talked nonsense. He testified that this behavior is considered a cue that a person might be mentally ill. [17]

Two hours before the shooting, officer Keith Sandy encountered New Mexico State Police Sergeant Chris Ware on the street closest to Boyd's campsite. Sandy previously had been fired from the State Police for timecard fraud. He greeted Ware, whose dash cam continued to record as they spoke. Sandy told Ware that Boyd was "a fucking lunatic" and that Sandy planned to shoot Boyd's penis off. [16] [18]

At least 19 police officers eventually responded to the scene, from the Albuquerque Police Department, SWAT, the New Mexico State Police, and the Crisis Intervention Team. Some reputable reports say there were more than 40. [19] The wrongful death lawsuit filed by Boyd's brother against the City of Albuquerque lists 41 individual officers as defendants in addition to the city itself [20] The standoff between Boyd and police forces lasted four to five hours, with Boyd making a variety of claims including that he was on a mission for US Special Forces, and could kill all of the officers present with one phone call.[ citation needed] He threatened police officers who came near him. [21] At one point, the Crisis Intervention Team was able to talk Boyd into surrendering, but as he was gathering his belongings he was told he could not bring his knives. Boyd stated "I have every right to bring my knives" and called the deal off.

Shooting

The sun had set by 7:15, and Boyd was still not giving into police demands. At 7:24pm, police officers Keith Sandy and Dominique Perez, a K-9 officer, and a police K-9 approached Boyd's location preparing for a takedown. Boyd saw them approaching, and gathered his belongings as if preparing to voluntarily depart. There appeared to be a chance he’d cooperate, according to video released by APD. [22] He said “All right, don’t change up the agreement. I’m going to try to walk with you.” Boyd picked up his backpack.

Boyd’s hands were empty. He put on his backpack, reached down to pick up a thermos, put it in his right hand and grabbed a blue duffle bag in his left hand. Just as he took his first step to walk down, an officer set off a flash-bang grenade [23]

There were no visible knives in his hands when an officer said “Do it!” [24]

Sandy then threw a flash-bang grenade to Boyd's feet. He said, when interviewed, that he wanted to arrest Boyd by sunset to avoid the problems that darkness would bring. The police dog ran forward. Some who have watched the video believe that the dog bit Boyd's hand, but most think it at Police demanded Boyd drop the two camping knives he was carrying. As Boyd appeared to drop the knives, two taser weapons were fired at him. One missed, and the other struck his loose sweatshirt and failed to shock him. The police dog moved in but did not initially bite Boyd. Its handler believes it may have accidentally stepped on one of the taser electrical leads, or in some other way accidentally been tasered. Panicked, it became confused and attacked Boyd's knapsack.

The X12 taser shotgun officer Rick Ingram fired at Boyd had been withdrawn from the market over reliability concerns and the city had been notified two years earlier that Taser would no longer support or service it. It was not supposed to be in use. Neither were the rounds in the X12, which had expired two months earlier. vcg ROP was the only police unit still using the tasers, which is why the APD dispatcher had called the off-duty Sandy, to ask him to bring a taser to the standoff in the foothills. Sandy, despite having been quickly informed that another taser had been found, drove to the scene anyway. He had with him three weapons: a bean bag shotgun, the taser, which he gave to Ingram and a shotgun, which he kept. He volunteered to provide lethal cover and went up the trail with the shotgun.

Officer Sandy threw a flash-bang device and startled by this and by the dog, Boyd produced his knives again. The dog's handler went to check on it, since it seemed confused. Perez' lawyer has said the dog had received electrical shocks as corrections in training, and may have thought it was being punished for something it had been directed to do.

Two officers then fired a total of six shots, three each, as Boyd turned away from them. Bullets hit Boyd a total of three times — one in the back and one in each arm. Boyd was at least 10 feet away from the officers. Afterward, police released the police dog again on Boyd, and it tore at his leg. Since Boyd was still holding a knife they fired bean bag rounds at his body before handcuffing him. The video clearly shows Boyd still holding a knife when officers walk up to him.[ citation needed] As the video closes Boyd says "Please don't hurt me. I can't move." [25] Boyd died early the next morning at the University of New Mexico Hospital. [26] [24] [27] [28]

According to questioning by the prosecutor at the preliminary hearing, Sandy and Perez weren't separated following the incident and weren't interviewed at all until two days later. [29]

Legal proceedings

The Albuquerque Police Department maintains that the shooting was justified. Police Chief Gordon Eden said at a press conference following the shooting that he believed it was justified: “Yes, if you follow case law, ‘Garner vs Tennessee’, there was directed threat to an officer.” [30] The FBI announced on March 28, 2014 that it would investigate the death. [31] The Bernalillo County District Attorney's Office also investigated Boyd's death. [28] [32] Of the 36 lapel camera videos released after the shooting, none belonged to one of the officers who shot him. The lawyer who represented Boyd's brother in his wrongful death suit against the city described the scene as chaotic and poorly managed, with officers confronting Boyd, rather than seeking to de-escalate the situation. They contradicted his claim that he worked for the Department of Defense and argued with him about whether he was being unreasonable. [33]

Criminal charges

On January 12, 2015, the Bernalillo County District Attorney Kari Brandenburg charged Keith Sandy and Dominique Perez with an open count of murder. This allowed them to be convicted of either first or second-degree murder, which carry sentences of 30 years to life and 19 years minimum respectively, or voluntary manslaughter, which carries a maximum sentence of seven years. [34] [35] [36]

Special Prosecutor

On January 12, 2015, Bernalillo County District Attorney Kari Brandenburg [37] announced that she would file murder charges against Sandy and Perez. [38] [39] Brandenburg was later disqualified by a District Court judge from acting as prosecutor in the case. The APD had accused her with bribery and intimidation related to her son's DUI and petty theft charges. [40] [41] The judge ruled that prosecuting the case herself would create the appearance of impropriety. Brandenburg heatedly denied wrongdoing either with respect to her son's legal problems or to the shooting charges. [42] State Attorney-General Hector Balderas concurred after he investigated, although he did say that she should have asked for a special prosecutor to avoid the appearance of impropriety. He also said that some police actions in the case appeared to stem from "political considerations". [43] [44]

On April 16, Brandenburg named private attorney Randi McGinn special prosecutor for the case, [45] saying that the Attorney-General's office and thirteen other DA offices around the state had all declined to take the case for reasons of either budget or case load. McGinn, a civil-rights trial attorney who recently represented a plaintiff in a wrongful death suit against the city, [46] will be paid $5,400—what a public defender would receive for a death penalty case. McGinn filed charges of second degree murder and manslaughter against the two officers. [47]

At the preliminary hearing, District Court Judge Neil Candelaria dismissed the involuntary manslaughter charges, saying they were not appropriate in this case, which seemed "more of intentional and I haven’t heard much of anything unintentional." [48] This was the least serious of the charges, and the officers still had to face trial on those that remain. [48]

On June 22, 2015, court document filings showed McGinn would seek charges of second degree murder against Sandy and Perez. The filing also includes accusations of voluntary manslaughter, involuntary manslaughter, and aggravated assault. A preliminary hearing for the case began on August 3, 2015. [49] [50] The murder trial began in the week of September 21, 2015. Testimony included the reticence of an Albuquerque Open Space officer. [note 1] [51] officer who said he did not fire because he feared repercussions. [52]

APD officer Mikal Monette had crisis intervention training and had successfully resolved hundreds of situations. He testified at trial that an APD sergeant removed him from the bargaining process, [53] replacing him with Detective Sandy and others shortly before Boyd was mortally wounded. This was even though Monette had made some progress and had succeeded in getting Boyd, at one point, to agree to leave with him. [54] The judge dismissed the charges of involuntary manslaughter on September 28, leaving only the more serious 2nd degree murder charges remaining. [55] Under state law, involuntary manslaughter implies either provocation by the victim or behavior emanating from the "heat of passion."

Wrongful Death Lawsuit

In June 2014, the brother of James Boyd, Andrew Jones, filed a wrongful death lawsuit against the Albuquerque Police Department. The lawsuit asked that the city and the police department put in place given corrective measures including better training for law enforcement officers in how to deal with individuals suffering from mental illness, requiring all officers be trained in crisis intervention, that anyone "subjected to force" during any encounter with the Albuquerque Police Department be given prompt medical attention, and that the city establish a fund called the "James Matthew Boyd Emergency Outreach Team" which would provide resources for local doctors and others to help people who are homeless and experiencing a mental health crisis. [56] The lawsuit was settled in July 2015 for $5 million. [1]

Officers

One of the officers responsible for the shooting, Keith Sandy, had faced criminal fraud charges in 2007 for receiving payments from a private security contractor while working for the New Mexico State Police. He was one of four police officers fired by the New Mexico State Police for teaching classes to private security contractor Wackenhut employees while being paid to attend a class. [57] Then-Deputy Chief Mike Castro said when he hired Sandy afterwards, that Sandy would not be badged or allowed to carry a gun. [58] [59] That case against Officer Sandy was later dropped, since no charges had been filed against him.

Officer Sandy joined the Repeat Offender Unit, considered an elite assignment. No video of the Boyd shooting was recovered from Sandy's camera. [60] Sandy was allowed to retire from the Albuquerque Police Department in November 2014, however the APD internal affairs investigation continued. [61]

K-9 officer Scott Weimerkirch was found in the 2012 federal Nelson v City of Albuquerque District Court case to have used his police dog in an unconstitutional use of police force, yet, according the the Boyd wrongful death suit, he had received no disciplinary sanction, counseling, or corrective training as a result. The case was similar to Boyd's, in that the dog tore flesh from Boyd's leg in much the same manner as he had torn flesh from the arm of an unthreatening suspect in Nelson. [62]

Perez was an eight-year Marine veteran who previously served in Iraq, where he was wounded and received a Purple Heart. [57]

Protests

A protest was held on March 25, 2014, in response to the shooting of James Boyd. Thousands of people marched through downtown Albuquerque and the Nob Hill area of the city. [63] [64]

Responding APD police officers shot and killed Alfred Redwine later the day of the protest, saying that he had discharged a firearm. Witnesses said he only had pointed the gun at his own head. [65] Other witnesses said the "gun" was actually a cellphone. His sister told police officers she was on the phone with her brother and he wanted to come out. A neighbor said he heard a man shout "Just do it!" the moment before shots were fired. [66] Redwine's death sparked another protest on the 30th, which stretched from noon into the night. Police did clash with demonstrators at this demonstration, eventually using teargas after, they said, some protesters threw rocks. As the FBI launched an investigation into Boyd's death, "graffiti splashed across downtown Albuquerque, declaring, “We are James Boyd,” said the Santa Fe New Mexican. [9]

On the three-month anniversary of Boyd's death, a group of people held a vigil at his campsite in his honor, singing Amazing Grace and vowing to improve the lives of the homeless and the mentally ill in Albuquerque. [67]

History of APD Police Shootings

Because of a long string of police shootings before Boyd's, the United States Department of Justice had already initiated an investigation into APD police violence. A key finding of its April 2014 report was that "the Albuquerque Police Department engages in a pattern or practice of unreasonable use of deadly force in officers' use of firearms." [68] Prior to the charges against Perez and Sandy, no APD officer had faced prosecution in a death resulting from police violence since 1977. [69]

On April 21, 2014, APD officer Jeremy Dear killed 19-year-old Mary Hawkes by shooting her three times as she ran away from him. [70] She was suspected of stealing a car, and Officer Dear said she pointed a handgun at him. She had methamphetamine in her system when she died.

Dear had a history of excessive force complaints and repeated failure to record arrests with his lapel camera. He was fired for insubordination. He successfully appealed his firing; the appeals board voted 3-2 to overturn his termination. [71] [72] [73]

City records show that between 2009 and 2014, Albuquerque Police Department officers were involved in 47 shootings. Deaths resulted from 32 of these shootings. The Department of Justice reviewed 20 shootings from 2009-2010 and in its final report said that a majority of them had violated the suspect's constitutional rights. [74] Police Chief Gorden Eden attributed the situation to "systemic failure in our ability to track employee misconduct," and said that he believed "there are people on the force who shouldn't be on the force." [75] However, he said, because union rules make it difficult to discipline officers retroactively, "we may be stuck with them." [75]

Department of Justice Investigation

US DOJ released a scathing report on April 10, 2014 which said in part that "Albuquerque police officers often use deadly force in circumstances where there is no imminent threat of death or serious bodily harm to officers or others." It cited an incident in which officers tasered a man who had poured gasoline on himself, accidentally setting him on fire. [74]

“Supervisors marked as ‘reasonable’ almost every use of force report form we saw,” said the report, and officers were almost never reprimanded for failing to turn on their cameras. The report also cited a pattern of violence against people who were mentally ill or unable to comply due to their mental state. One developmentally disabled man was Tasered, kicked and beaten, yet his attacker was never charged with any crime. [74]

City officials signed a 106-page consent decree with the Department of Justice in response to the report, but the shootings have continued. [76]

History of wrongful death litigation

Civil lawsuits have cost the city at least $23 million; it has lost wrongful death case after wrongful death case since 2010. This figure includes $7.95 million paid to the family of Kenneth Ellis, who was shot as he held a gun to his own head, and $900,000 to the family of Alan Gomez, an unarmed man shot with a spoon in his hand by Sean Wallace, who had previously shot two other men in the line of duty. [77] [78] Wallace was not disciplined for any of the shootings and has since been promoted to sergeant and elected to the police union board. [79] On October 1, 2014 Wallace received an award for outstanding service. [80]

See also

Notes

  1. ^ The standoff took place at the edge of Albuquerque's city limits, very close to where Copper ends and the Copper trailhead up into the mountain begins. The city calls these areas "Open Space," as opposed to the city parks of the Rio Grande's North Valley, South Valley, downtown, Old Town, Northeast Heights or International District neighborhoods, which are much more grassy and cultivated than the high desert of the open space areas on the city fringes. There are also open space areas in the wooded bosque along the river. Open Space officers are city not APD employees, but they are commissioned police officers like some rangers in national parks.

External links

References

  1. ^ a b Ryan Boetel (July 10, 2015). "City settles Boyd shooting case for $5 million". Albuquerque Journal. Retrieved August 24, 2015.
  2. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 0:15-1:37 in second embedded video, titled Foothills Shooting News Conference. Retrieved August 24, 2015.
  3. ^ a b Astrid Galvan (August 5, 2015). "Manslaughter charges dismissed against police in shooting". Associated Press. Retrieved August 24, 2015.
  4. ^ Office of the Medical Examiner, University of New Mexico Health Sciences Center. "DEATH INVESTIGATION SUMMARY: Case Number: 2014-01366: BOYD, JAMES M." (PDF) – via KOB.
  5. ^ Nina Gilgowski (May 29, 2014). "Albuquerque, N.M., police shot homeless man three times, in each arm and in back: autopsy report". New York News.
  6. ^ "Albuquerque police complete camper shooting probe". Associated Press. October 18, 2014. Retrieved August 24, 2014.
  7. ^ Man killed in foothills had long criminal past, KOAT-TV
  8. ^ James Boyd's Dark Journey, Albuquerque Journal, Rick Nathanson, March 30, 2014. Retrieved 28 September 2016.
  9. ^ a b c d e f g h Patrick Malone; Daniel J. Chacón (April 5, 2014). "In death by police bullets, Boyd has become a cause". Sante Fe New Mexican. Retrieved August 24, 2015.
  10. ^ a b c d http://www.koat.com/news/9-years-of-james-boyd-a-look-into-his-turbulent-final-decade/26424790
  11. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 4:00 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  12. ^ http://www.abqjournal.com/624169/news/defense-expert-says-no-evidence-boyd-was-surrendering.html
  13. ^ Gabrielle Burkhart (August 6, 2015). "Defense expert: Deadly force in James Boyd case 'reasonable'". KRQE.
  14. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 3:15 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  15. ^ Albuquerque Parks and Recreation Department (2016). "Open Space Etiquette". City of Albuquerque.
  16. ^ a b http://www.koat.com/news/james-boyd-case-chief-eden-to-testify-monday/34504164
  17. ^ http://krqe.com/2015/08/03/hearing-set-for-albuquerque-officers-charged-with-murder/
  18. ^ "APD officer makes remark about shooting James Boyd". KOB4.
  19. ^ "Welcome to ROP". KRQE.
  20. ^ "When Cops Break Bad: Inside a Police Force Gone Wild".
  21. ^ "Jury hears recordings of Boyd threatening to kill police multiple times". August 2015.
  22. ^ http://www.abqjournal.com/372844/news/video-camper-turning-away.html
  23. ^ "Everything You Need to Know: The James Boyd shooting case file: APD officer, former officer face charges in James Boyd shooting case". KOAT. August 3, 2015.
  24. ^ a b Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Retrieved March 31, 2014.
  25. ^ Nigel Duara (January 12, 2015). "Murder charges pursued in Albuquerque police shooting of homeless man". Los Angeles Times. Retrieved August 24, 2015.
  26. ^ "U.S. Fatal shooting of homeless man prompts outrage at Albuquerque police". Al Jazeera.
  27. ^ Lee Moran (March 24, 2014). "Cops gun down homeless man for illegally camping in shocking helmet-cam footage". Retrieved March 31, 2014.
  28. ^ a b Sebastian Murdock (March 24, 2014). "Police Shoot Homeless Man During Camping Arrest". Huffington Post. Retrieved March 31, 2014.
  29. ^ krqe.com/2015/08/05/day-3-more-testimonies-to-come-in-hearing-for-officers-in-james-boyd-murder-case/
  30. ^ http://krqe.com/2014/03/21/apd-officer-involved-shooting-was-justified/
  31. ^ http://krqe.com/2014/03/28/fbi-opens-investigation-into-foothills-shooting/
  32. ^ "Albuquerque, N.M., police fatally shot homeless man three times, once in back: autopsy report". NY Daily News. May 29, 2014. {{ cite news}}: Italic or bold markup not allowed in: |publisher= ( help)
  33. ^ Anna Velasquez (June 11, 2014). "Lawyer: Scene prior to James Boyd shooting 'obviously a disaster': Zero videos from officers who shot Boyd exist". KOAT.
  34. ^ DA to seek murder charges in James Boyd shooting, Albuquerque Journal
  35. ^ Officers face murder charges in 2014 Albuquerque shooting, CNN, January 12, 2015
  36. ^ "Judge in Boyd case decides several options". Albuquerque Journal. January 14, 2015.
  37. ^ "Second Judicial District Attorney Kari E. Brandenburg".
  38. ^ "DA to seek murder charges in James Boyd shooting: Officers to pay for legal counsel out-of-pocket". January 12, 2015.
  39. ^ Russell Contreras (January 12, 2015). "James Boyd shooting death results in murder charges against 2 police officers: Dominique Perez and former detective Keith Sandy charged in homeless man's death". AP.
  40. ^ "US Justice Department criticizes Albuquerque police for 'excessive force': Systemic problems detailed in report which found New Mexico officers frequently used deadly force on people who 'posed minimal threat'". The Guardian.
  41. ^ Kim Valdez (March 18, 2014). "Bernalillo County DA's son arrested in Third Shoplifting Case". AP.
  42. ^ http://www.santafenewmexican.com/news/local_news/da-denies-wrongdoing-in-bribery-investigation/article_e631047a-9b0e-5c3f-835b-a587e47a0bfd.html
  43. ^ Nancy Laflin (May 15, 2015). "District attorney cleared, won't face criminal charges: Attorney general completes investigation of district attorney".
  44. ^ "Statement" (PDF).
  45. ^ Jeff Proctor (April 16, 2015). "DA appoints well-known trial lawyer as special prosecutor in Boyd shooting case".
  46. ^ Alex Goldsmith; Tina Jenson (April 10, 2014). "Judge orders city to pay $6M in APD fatal shooting case".
  47. ^ http://www.koat.com/news/watch-live-da-to-discuss-james-boyd-murder-case/32399476A
  48. ^ a b Rush, Haley (5 August 2015). "Involuntary manslaughter charges dismissed in James Boyd murder case". krqe.com. Retrieved 24 August 2015.
  49. ^ Two Albuquerque officers face second-degree murder charges, Reuters, June 22, 2015.
  50. ^ Larkin, Nancy. 2nd degree murder charges sought in Boyd shooting, KOAT, June 22, 2015.
  51. ^ Albuquerque Open Space. "Foothills Trail Map" (PDF).
  52. ^ Open space officer takes the stand in Sandy, Perez trial, KRQE, Lysee Mitri, September 23, 2016. Retrieved 25 September 2016.
  53. ^ Perea, Shelby; Rush, Haley; Mitri, Lysee (September 27, 2016). "SWAT sergeant explains his 'concern' with James Boyd standoff".
  54. ^ Crisis intervention officer recalls standoff in police trial, San Francisco Gate, Mary Hudetz, September 27, 2016. Retrieved 28 September 2016.
  55. ^ http://www.kob.com/albuquerque-news/swat-officer-fox-continues-testimony-in-sandy-perez-trial/4276394/ Prosecution rests case, judge drops involuntary manslaughter charges], KOB, Kai Porter and Chris Ramirez plus the Associated Press, 28 September 2016. Retrieved 29 September 2016.
  56. ^ Family of James Boyd files wrongful death lawsuit, KOB4
  57. ^ a b Doug Fernandez. "Background Released on Officers Involved in Foothills Shooting". KOAT. Archived from the original on March 25, 2014 – via Internet Archive.
  58. ^ Jeff Proctor; Katie Kim (March 25, 2014). "Cop involved in Sunday shooting had rocky past, performance at APD". krqe.com. Retrieved March 31, 2014.
  59. ^ Doug Fernandez (Mar 24, 2014). "Background released on officers involved in foothills shooting". KOAT 7 ABC. Retrieved March 31, 2014.
  60. ^ http://krqe.com/terwards2014/06/11/apd-no-video-recovered-from-officer-in-boyd-shooting/
  61. ^ Ruiz, Regina (2014-11-19). "James Boyd shooting: Retiring officer must participate in investigation". KOAT 7.
  62. ^ "COMPLAINT FOR BATTERY RESULTING IN WRONGFUL DEATH UNDER THE NEW MEXICO TORT CLAIMS ACT: Preliminary Statement (Andrew Jones vs. City of Albuquerque)" (PDF). SECOND JUDICIAL DISTRICT COURT, COUNTY OF BERNALILLO, STATE OF NEW MEXICO. p. 9 – via KOB.
  63. ^ Nicole Perez (March 26, 2014). "Hundreds protest police shooting of homeless man". Albuquerque Journal. Retrieved March 31, 2014.
  64. ^ "What is going on in Albuquerque? Your guide to the police shooting protest". Washington Post.
  65. ^ Berman, Mark (31 March 2014). "What is going on in Albuquerque?". washingtonpost.com. Retrieved 24 August 2015.
  66. ^ Lohmann, Mark (26 March 2014). "APD offers details on latest officer-involved shooting". abqjournal.com. Retrieved 24 August 2015.
  67. ^ Thoren, Laura (June 16, 2014). "Andrew Boyd: James chose to be homeless". Retrieved August 24, 2015.
  68. ^ United States Department of Justice Civil Rights Division (April 10, 2014). "Re: Albuquerque Police Department" (PDF) – via KOB.
  69. ^ Randy Boete (August 21, 2015). "Facing murder charge, officer is broke and soon to be jobless". Albuquerque Journal. Archived from the original on September 29, 2016.
  70. ^ "Albuquerque police kill suspect amid federal inquiry into excessive force: Justice Department looking into department's culture of abuse: Mary Hawkes, 19, shot and killed after pulling gun during chase". The Guardian. Associated Press. April 22, 2014.
  71. ^ Patrick Lohmann (May 22, 2014). "APD: No lapel video of Mary Hawkes shooting". Albuquerque Journal. Retrieved 25 September 2016. {{ cite news}}: Italic or bold markup not allowed in: |publisher= ( help)
  72. ^ Regina Ruiz (May 22, 2014). "APD IDs teen killed in officer-involved shooting". KOAT. Retrieved 25 September 2016. {{ cite news}}: Italic or bold markup not allowed in: |publisher= ( help)
  73. ^ Ryan Boetel (November 11, 2015). "Board reverses officer's dismissal". Albuquerque Journal. Retrieved September 25, 2016. {{ cite news}}: Italic or bold markup not allowed in: |publisher= ( help)
  74. ^ a b c Berman, Mark (10 April 2014). "Albuquerque police are reckless, use excessive force, Justice Dept. report says". Washingtonpost.com. Retrieved 24 August 2015.
  75. ^ a b Johnson, Kevin (10 September 2014). "Before Ferguson, there was Albuquerque". usatoday.com. Retrieved 24 August 2015. ...a local law enforcement agency with a stunningly violent reputation.
  76. ^ Ana Cabrera; Sara Weisfeldt (September 19, 2016). "Police on trial in Albuquerque: What you need to know". CNN.
  77. ^ Astrid Galvan (May 12, 2011). "Shooting Was Police Officer's Third". Albuquerque Journal.
  78. ^ http://www.abqjournal.com/apd-under-fire#cost
  79. ^ "Police Union Board Includes Controversial Cops". KRQE.
  80. ^ "APD Sean Wallace Awarded". Albuquerque Journal.
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|accessdate=August 24, 2015}}</ref> The resident later testified that Boyd threatened them.
|accessdate=August 24, 2015}}</ref> The resident later testified that Boyd threatened them.


The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of negotiation, officers fired a [[Taser]] then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg.<ref name=APturning /> Police have said he still had a knife in his hand. Boyd arrived at the [[University of New Mexico Hospital]] emergency room at 8:15&nbsp;p.m., underwent extensive surgery, and was pronounced dead of [[major trauma|massive trauma]] at 2:55&nbsp;a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.
The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of unsuccessful negotiation, officers fired a [[Taser]] then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg.<ref name=APturning /> Police have said he still had a knife in his hand. Boyd arrived at the [[University of New Mexico Hospital]] emergency room at 8:15&nbsp;p.m., underwent extensive surgery, and was pronounced dead of [[major trauma|massive trauma]] at 2:55&nbsp;a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.


The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.
The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.

Revision as of 02:46, 4 October 2016

Shooting of James Boyd
DateSunday, March 16, 2014 (2014-03-16)
Location Albuquerque, Sandia Mountains, New Mexico, U.S.
Coordinates35.080927, -106.482351
Also known asU Mound
CauseGunshot wounds
Filmed byAlbuquerque Police Department helmet camera belonging to Dominique Perez, several other body cams
ParticipantsKeith Sandy and Dominique Perez (shooters)
James Boyd (victim)
OutcomeHomicide
DeathsJames Boyd
Non-fatal injuriesGunshot wounds, blunt force trauma from beanbag round, dog bites
BurialSandia Memory Gardens
InquiriesFBI, DOJ, OAG, DA, special prosecutor
SuspectsKeith Sandy and Dominique Perez
Charges Second-degree murder
VerdictTrial in progress
Litigation$1.75 million lawsuit by Boyd's family against APD settled for $5 million [1]

James Matthew Boyd was fatally shot by Albuquerque Police Department officers Keith Sandy and Dominique Perez on the evening of March 16, 2014, in the foothills of the Sandia Mountains in Albuquerque, New Mexico. A resident of a nearby subdivision called police at 3:28 p.m. to report that a man had been camping in the mountains behind his house for the previous month. Two Open Space officers were the first to respond. They approached Boyd as he lay under a tarp or cover; he became irate and produced a knife, threatening one of the officers with it. [2] [3] The resident later testified that Boyd threatened them.

The Open Space officers called for backup and Albuquerque police and New Mexico State police responded. After more than three hours of unsuccessful negotiation, officers fired a Taser then threw a flash bang device. A police dog attacked as Boyd appeared to turn away from the officers and was shot in his back and both arms by rifle fire. After he fell forward, face first, another officer fired a beanbag shotgun into his buttock and the dog tore at his leg. [3] Police have said he still had a knife in his hand. Boyd arrived at the University of New Mexico Hospital emergency room at 8:15 p.m., underwent extensive surgery, and was pronounced dead of massive trauma at 2:55 a.m. the next morning. Surgeons had amputated his right arm, removed his spleen, part of one lung and part of his colon in their efforts to save his life.

The trial of two police officers charged with second-degree murder in his death began on September 20, 2016.

Background

A May 29, 2014 autopsy report by the medical examiner at the University of New Mexico said a toxicology screen was negative. Boyd did not have either drugs or alcohol in his system when he died. [4] [5]

James Matthew "Abba" Boyd, 38, was a 6'1", obese, homeless man. Authorities said he had been diagnosed with schizophrenia. [6] He had been a prisoner in the Bernalillo County Jail[ citation needed] in Albuquerque and the Doña Ana County Jail in Las Cruces, New Mexico. He had also been transported to a mental health hospital at the University of New Mexico. The last lawyer to represent James Boyd, John McCall, says he had no doubt that his client was mentally ill. However, he said, the New Mexico Behavioral Health Institute, a state mental health hospital in Las Vegas, NM, determined that he was not dangerous, and also that there was no treatment that would render him competent to stand trial. Therefore they released him. McCall said Boyd was creative but clearly delusional. [7] [8] A cousin remembered him fondly from visits to an aunt's farm that allowed them both escape their families for a while. Boyd's cousin described him as funny, sensitive and intelligent. [9] But Boyd's had an alcoholic mother and a physically abusive father, and he was placed into sexually abusive foster homes by the time he was five. This led to his entry to the juvenile justice system at fifteen, where he remained for two years. He had barely turned 18 when he was arrested again. Those charges were eventually dropped, but by then he had already spit jalapeño at a jailer's eyes and tried to escape. By the time his family got him a lawyer for the new charges, he had already entered a guilty plea and was waiting to be sentenced. [9]

Boyd understood by then that he was mentally ill and asked at his mental health evaluation to receive probation, counseling and job training. However he was found competent to stand trial and instead was sentenced to ten and a half years in jail. All his appeals were denied and he spent seven years in prison. [10] Todd Holmes, the Alamogordo lawyer who tried to prevent his incarceration in that case defended Boyd again in 2001. Boyd had been arrested trying to enter Holloman Air Force Base, claiming he was on a mission from Gerald Ford that involved national security. Boyd's mental deterioration while in prison was evident to Holmes. He says that it was after his release that Boyd began to identify as Abba Mobus Abadon, derived from "God" and the Hebrew word for "a bottomless pit". [9]

In January 2002 Boyd was arrested while breaking into the Las Cruces offices of the FBI. [9] In 2005 he was arrested for assault after he told a man in downtown Albuquerque's Civic Plaza "I am God and I want to hurt you." [10] Charges were dropped four months later. He was arrested again in 2007 for refusing to leave a fire station. He told firefighters he was a government agent and wanted to send them to hell. On arriving at the jail, he punched a corrections officer. [10] In 2009 he got into a fight at a homeless shelter and cut another man with a box cutter. [10] In 2010 staffers at the downtown library called police because Boyd was telling people he was God and frightening them. He broke the nose of the police officer who responded. [9] While incarcerated Boyd was charged with breaking a window at the jail. He later said guards had refused to feed him. [9] Boyd was again referred to the state mental health hospital after McCall represented him on the charge for breaking the window. [9]

At 1 a.m. on February 27, 2014. Alexander Thickstun, who lived at the base of the foothills on the street just below Boyd's campsite, heard his dogs barking "hysterically" in his backyard. When he went out to retrieve them, he heard yelling coming from the mountain above him. Thickstun testified he heard "Boyd yelling irrational things at another man in the middle of the night", including threats against another man. He called police, and they drove down his street. On the night of the shooting, he said he did not think they actually had gone up to the campsite to investigate, per his statements to a police dispatcher and an internal affairs investigator. [11] Thickstun said he was "terrified". [12] The prosecutor, referring to that night, asked Thickstun why he didn't call the city's non-emergency assistance (311) line that night to try to offer help to Boyd, but instead called 911. "I feared for my safety so I did not want to just call 311 to donate something to him,", Thickstun said. "I don't want (Boyd) around my family; I don't want (Boyd) around my house." [13]

Standoff

Officers responded to the base of U Mound, the foothill area [14] where Boyd was camped in violation of park rules that require a permit for camping in City of Albuquerque Open Space areas. [15] Although he was very close to the Sandia Mountain Wilderness in the Cibola National Forest, Boyd was camped within Albuquerque city limits, approximately a hundred yards from the home of an alarmed nearby resident who called 911 to report his presence.

Boyd produced a pocket knife when the Open Space officers tried to search him. They say that Boyd threatened to kill them if they came any closer. One, John McDaniel, testified that Boyd did not attack him, but that he did threaten him, saying he was going to kill McDaniel and and refusing to show him his hands. McDaniel said that since Boyd displayed a knife when McDaniel and another officer moved to pat him down, they did not complete the search. [16] Additional officers responded. Crisis Intervention officer Brock Knipprath, who was at the scene, later testified at the preliminary hearing that Boyd would not negotiate and talked nonsense. He testified that this behavior is considered a cue that a person might be mentally ill. [17]

Two hours before the shooting, officer Keith Sandy encountered New Mexico State Police Sergeant Chris Ware on the street closest to Boyd's campsite. Sandy previously had been fired from the State Police for timecard fraud. He greeted Ware, whose dash cam continued to record as they spoke. Sandy told Ware that Boyd was "a fucking lunatic" and that Sandy planned to shoot Boyd's penis off. [16] [18]

At least 19 police officers eventually responded to the scene, from the Albuquerque Police Department, SWAT, the New Mexico State Police, and the Crisis Intervention Team. Some reputable reports say there were more than 40. [19] The wrongful death lawsuit filed by Boyd's brother against the City of Albuquerque lists 41 individual officers as defendants in addition to the city itself [20] The standoff between Boyd and police forces lasted four to five hours, with Boyd making a variety of claims including that he was on a mission for US Special Forces, and could kill all of the officers present with one phone call.[ citation needed] He threatened police officers who came near him. [21] At one point, the Crisis Intervention Team was able to talk Boyd into surrendering, but as he was gathering his belongings he was told he could not bring his knives. Boyd stated "I have every right to bring my knives" and called the deal off.

Shooting

The sun had set by 7:15, and Boyd was still not giving into police demands. At 7:24pm, police officers Keith Sandy and Dominique Perez, a K-9 officer, and a police K-9 approached Boyd's location preparing for a takedown. Boyd saw them approaching, and gathered his belongings as if preparing to voluntarily depart. There appeared to be a chance he’d cooperate, according to video released by APD. [22] He said “All right, don’t change up the agreement. I’m going to try to walk with you.” Boyd picked up his backpack.

Boyd’s hands were empty. He put on his backpack, reached down to pick up a thermos, put it in his right hand and grabbed a blue duffle bag in his left hand. Just as he took his first step to walk down, an officer set off a flash-bang grenade [23]

There were no visible knives in his hands when an officer said “Do it!” [24]

Sandy then threw a flash-bang grenade to Boyd's feet. He said, when interviewed, that he wanted to arrest Boyd by sunset to avoid the problems that darkness would bring. The police dog ran forward. Some who have watched the video believe that the dog bit Boyd's hand, but most think it at Police demanded Boyd drop the two camping knives he was carrying. As Boyd appeared to drop the knives, two taser weapons were fired at him. One missed, and the other struck his loose sweatshirt and failed to shock him. The police dog moved in but did not initially bite Boyd. Its handler believes it may have accidentally stepped on one of the taser electrical leads, or in some other way accidentally been tasered. Panicked, it became confused and attacked Boyd's knapsack.

The X12 taser shotgun officer Rick Ingram fired at Boyd had been withdrawn from the market over reliability concerns and the city had been notified two years earlier that Taser would no longer support or service it. It was not supposed to be in use. Neither were the rounds in the X12, which had expired two months earlier. vcg ROP was the only police unit still using the tasers, which is why the APD dispatcher had called the off-duty Sandy, to ask him to bring a taser to the standoff in the foothills. Sandy, despite having been quickly informed that another taser had been found, drove to the scene anyway. He had with him three weapons: a bean bag shotgun, the taser, which he gave to Ingram and a shotgun, which he kept. He volunteered to provide lethal cover and went up the trail with the shotgun.

Officer Sandy threw a flash-bang device and startled by this and by the dog, Boyd produced his knives again. The dog's handler went to check on it, since it seemed confused. Perez' lawyer has said the dog had received electrical shocks as corrections in training, and may have thought it was being punished for something it had been directed to do.

Two officers then fired a total of six shots, three each, as Boyd turned away from them. Bullets hit Boyd a total of three times — one in the back and one in each arm. Boyd was at least 10 feet away from the officers. Afterward, police released the police dog again on Boyd, and it tore at his leg. Since Boyd was still holding a knife they fired bean bag rounds at his body before handcuffing him. The video clearly shows Boyd still holding a knife when officers walk up to him.[ citation needed] As the video closes Boyd says "Please don't hurt me. I can't move." [25] Boyd died early the next morning at the University of New Mexico Hospital. [26] [24] [27] [28]

According to questioning by the prosecutor at the preliminary hearing, Sandy and Perez weren't separated following the incident and weren't interviewed at all until two days later. [29]

Legal proceedings

The Albuquerque Police Department maintains that the shooting was justified. Police Chief Gordon Eden said at a press conference following the shooting that he believed it was justified: “Yes, if you follow case law, ‘Garner vs Tennessee’, there was directed threat to an officer.” [30] The FBI announced on March 28, 2014 that it would investigate the death. [31] The Bernalillo County District Attorney's Office also investigated Boyd's death. [28] [32] Of the 36 lapel camera videos released after the shooting, none belonged to one of the officers who shot him. The lawyer who represented Boyd's brother in his wrongful death suit against the city described the scene as chaotic and poorly managed, with officers confronting Boyd, rather than seeking to de-escalate the situation. They contradicted his claim that he worked for the Department of Defense and argued with him about whether he was being unreasonable. [33]

Criminal charges

On January 12, 2015, the Bernalillo County District Attorney Kari Brandenburg charged Keith Sandy and Dominique Perez with an open count of murder. This allowed them to be convicted of either first or second-degree murder, which carry sentences of 30 years to life and 19 years minimum respectively, or voluntary manslaughter, which carries a maximum sentence of seven years. [34] [35] [36]

Special Prosecutor

On January 12, 2015, Bernalillo County District Attorney Kari Brandenburg [37] announced that she would file murder charges against Sandy and Perez. [38] [39] Brandenburg was later disqualified by a District Court judge from acting as prosecutor in the case. The APD had accused her with bribery and intimidation related to her son's DUI and petty theft charges. [40] [41] The judge ruled that prosecuting the case herself would create the appearance of impropriety. Brandenburg heatedly denied wrongdoing either with respect to her son's legal problems or to the shooting charges. [42] State Attorney-General Hector Balderas concurred after he investigated, although he did say that she should have asked for a special prosecutor to avoid the appearance of impropriety. He also said that some police actions in the case appeared to stem from "political considerations". [43] [44]

On April 16, Brandenburg named private attorney Randi McGinn special prosecutor for the case, [45] saying that the Attorney-General's office and thirteen other DA offices around the state had all declined to take the case for reasons of either budget or case load. McGinn, a civil-rights trial attorney who recently represented a plaintiff in a wrongful death suit against the city, [46] will be paid $5,400—what a public defender would receive for a death penalty case. McGinn filed charges of second degree murder and manslaughter against the two officers. [47]

At the preliminary hearing, District Court Judge Neil Candelaria dismissed the involuntary manslaughter charges, saying they were not appropriate in this case, which seemed "more of intentional and I haven’t heard much of anything unintentional." [48] This was the least serious of the charges, and the officers still had to face trial on those that remain. [48]

On June 22, 2015, court document filings showed McGinn would seek charges of second degree murder against Sandy and Perez. The filing also includes accusations of voluntary manslaughter, involuntary manslaughter, and aggravated assault. A preliminary hearing for the case began on August 3, 2015. [49] [50] The murder trial began in the week of September 21, 2015. Testimony included the reticence of an Albuquerque Open Space officer. [note 1] [51] officer who said he did not fire because he feared repercussions. [52]

APD officer Mikal Monette had crisis intervention training and had successfully resolved hundreds of situations. He testified at trial that an APD sergeant removed him from the bargaining process, [53] replacing him with Detective Sandy and others shortly before Boyd was mortally wounded. This was even though Monette had made some progress and had succeeded in getting Boyd, at one point, to agree to leave with him. [54] The judge dismissed the charges of involuntary manslaughter on September 28, leaving only the more serious 2nd degree murder charges remaining. [55] Under state law, involuntary manslaughter implies either provocation by the victim or behavior emanating from the "heat of passion."

Wrongful Death Lawsuit

In June 2014, the brother of James Boyd, Andrew Jones, filed a wrongful death lawsuit against the Albuquerque Police Department. The lawsuit asked that the city and the police department put in place given corrective measures including better training for law enforcement officers in how to deal with individuals suffering from mental illness, requiring all officers be trained in crisis intervention, that anyone "subjected to force" during any encounter with the Albuquerque Police Department be given prompt medical attention, and that the city establish a fund called the "James Matthew Boyd Emergency Outreach Team" which would provide resources for local doctors and others to help people who are homeless and experiencing a mental health crisis. [56] The lawsuit was settled in July 2015 for $5 million. [1]

Officers

One of the officers responsible for the shooting, Keith Sandy, had faced criminal fraud charges in 2007 for receiving payments from a private security contractor while working for the New Mexico State Police. He was one of four police officers fired by the New Mexico State Police for teaching classes to private security contractor Wackenhut employees while being paid to attend a class. [57] Then-Deputy Chief Mike Castro said when he hired Sandy afterwards, that Sandy would not be badged or allowed to carry a gun. [58] [59] That case against Officer Sandy was later dropped, since no charges had been filed against him.

Officer Sandy joined the Repeat Offender Unit, considered an elite assignment. No video of the Boyd shooting was recovered from Sandy's camera. [60] Sandy was allowed to retire from the Albuquerque Police Department in November 2014, however the APD internal affairs investigation continued. [61]

K-9 officer Scott Weimerkirch was found in the 2012 federal Nelson v City of Albuquerque District Court case to have used his police dog in an unconstitutional use of police force, yet, according the the Boyd wrongful death suit, he had received no disciplinary sanction, counseling, or corrective training as a result. The case was similar to Boyd's, in that the dog tore flesh from Boyd's leg in much the same manner as he had torn flesh from the arm of an unthreatening suspect in Nelson. [62]

Perez was an eight-year Marine veteran who previously served in Iraq, where he was wounded and received a Purple Heart. [57]

Protests

A protest was held on March 25, 2014, in response to the shooting of James Boyd. Thousands of people marched through downtown Albuquerque and the Nob Hill area of the city. [63] [64]

Responding APD police officers shot and killed Alfred Redwine later the day of the protest, saying that he had discharged a firearm. Witnesses said he only had pointed the gun at his own head. [65] Other witnesses said the "gun" was actually a cellphone. His sister told police officers she was on the phone with her brother and he wanted to come out. A neighbor said he heard a man shout "Just do it!" the moment before shots were fired. [66] Redwine's death sparked another protest on the 30th, which stretched from noon into the night. Police did clash with demonstrators at this demonstration, eventually using teargas after, they said, some protesters threw rocks. As the FBI launched an investigation into Boyd's death, "graffiti splashed across downtown Albuquerque, declaring, “We are James Boyd,” said the Santa Fe New Mexican. [9]

On the three-month anniversary of Boyd's death, a group of people held a vigil at his campsite in his honor, singing Amazing Grace and vowing to improve the lives of the homeless and the mentally ill in Albuquerque. [67]

History of APD Police Shootings

Because of a long string of police shootings before Boyd's, the United States Department of Justice had already initiated an investigation into APD police violence. A key finding of its April 2014 report was that "the Albuquerque Police Department engages in a pattern or practice of unreasonable use of deadly force in officers' use of firearms." [68] Prior to the charges against Perez and Sandy, no APD officer had faced prosecution in a death resulting from police violence since 1977. [69]

On April 21, 2014, APD officer Jeremy Dear killed 19-year-old Mary Hawkes by shooting her three times as she ran away from him. [70] She was suspected of stealing a car, and Officer Dear said she pointed a handgun at him. She had methamphetamine in her system when she died.

Dear had a history of excessive force complaints and repeated failure to record arrests with his lapel camera. He was fired for insubordination. He successfully appealed his firing; the appeals board voted 3-2 to overturn his termination. [71] [72] [73]

City records show that between 2009 and 2014, Albuquerque Police Department officers were involved in 47 shootings. Deaths resulted from 32 of these shootings. The Department of Justice reviewed 20 shootings from 2009-2010 and in its final report said that a majority of them had violated the suspect's constitutional rights. [74] Police Chief Gorden Eden attributed the situation to "systemic failure in our ability to track employee misconduct," and said that he believed "there are people on the force who shouldn't be on the force." [75] However, he said, because union rules make it difficult to discipline officers retroactively, "we may be stuck with them." [75]

Department of Justice Investigation

US DOJ released a scathing report on April 10, 2014 which said in part that "Albuquerque police officers often use deadly force in circumstances where there is no imminent threat of death or serious bodily harm to officers or others." It cited an incident in which officers tasered a man who had poured gasoline on himself, accidentally setting him on fire. [74]

“Supervisors marked as ‘reasonable’ almost every use of force report form we saw,” said the report, and officers were almost never reprimanded for failing to turn on their cameras. The report also cited a pattern of violence against people who were mentally ill or unable to comply due to their mental state. One developmentally disabled man was Tasered, kicked and beaten, yet his attacker was never charged with any crime. [74]

City officials signed a 106-page consent decree with the Department of Justice in response to the report, but the shootings have continued. [76]

History of wrongful death litigation

Civil lawsuits have cost the city at least $23 million; it has lost wrongful death case after wrongful death case since 2010. This figure includes $7.95 million paid to the family of Kenneth Ellis, who was shot as he held a gun to his own head, and $900,000 to the family of Alan Gomez, an unarmed man shot with a spoon in his hand by Sean Wallace, who had previously shot two other men in the line of duty. [77] [78] Wallace was not disciplined for any of the shootings and has since been promoted to sergeant and elected to the police union board. [79] On October 1, 2014 Wallace received an award for outstanding service. [80]

See also

Notes

  1. ^ The standoff took place at the edge of Albuquerque's city limits, very close to where Copper ends and the Copper trailhead up into the mountain begins. The city calls these areas "Open Space," as opposed to the city parks of the Rio Grande's North Valley, South Valley, downtown, Old Town, Northeast Heights or International District neighborhoods, which are much more grassy and cultivated than the high desert of the open space areas on the city fringes. There are also open space areas in the wooded bosque along the river. Open Space officers are city not APD employees, but they are commissioned police officers like some rangers in national parks.

External links

References

  1. ^ a b Ryan Boetel (July 10, 2015). "City settles Boyd shooting case for $5 million". Albuquerque Journal. Retrieved August 24, 2015.
  2. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 0:15-1:37 in second embedded video, titled Foothills Shooting News Conference. Retrieved August 24, 2015.
  3. ^ a b Astrid Galvan (August 5, 2015). "Manslaughter charges dismissed against police in shooting". Associated Press. Retrieved August 24, 2015.
  4. ^ Office of the Medical Examiner, University of New Mexico Health Sciences Center. "DEATH INVESTIGATION SUMMARY: Case Number: 2014-01366: BOYD, JAMES M." (PDF) – via KOB.
  5. ^ Nina Gilgowski (May 29, 2014). "Albuquerque, N.M., police shot homeless man three times, in each arm and in back: autopsy report". New York News.
  6. ^ "Albuquerque police complete camper shooting probe". Associated Press. October 18, 2014. Retrieved August 24, 2014.
  7. ^ Man killed in foothills had long criminal past, KOAT-TV
  8. ^ James Boyd's Dark Journey, Albuquerque Journal, Rick Nathanson, March 30, 2014. Retrieved 28 September 2016.
  9. ^ a b c d e f g h Patrick Malone; Daniel J. Chacón (April 5, 2014). "In death by police bullets, Boyd has become a cause". Sante Fe New Mexican. Retrieved August 24, 2015.
  10. ^ a b c d http://www.koat.com/news/9-years-of-james-boyd-a-look-into-his-turbulent-final-decade/26424790
  11. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 4:00 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  12. ^ http://www.abqjournal.com/624169/news/defense-expert-says-no-evidence-boyd-was-surrendering.html
  13. ^ Gabrielle Burkhart (August 6, 2015). "Defense expert: Deadly force in James Boyd case 'reasonable'". KRQE.
  14. ^ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 3:15 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  15. ^ Albuquerque Parks and Recreation Department (2016). "Open Space Etiquette". City of Albuquerque.
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  23. ^ "Everything You Need to Know: The James Boyd shooting case file: APD officer, former officer face charges in James Boyd shooting case". KOAT. August 3, 2015.
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  33. ^ Anna Velasquez (June 11, 2014). "Lawyer: Scene prior to James Boyd shooting 'obviously a disaster': Zero videos from officers who shot Boyd exist". KOAT.
  34. ^ DA to seek murder charges in James Boyd shooting, Albuquerque Journal
  35. ^ Officers face murder charges in 2014 Albuquerque shooting, CNN, January 12, 2015
  36. ^ "Judge in Boyd case decides several options". Albuquerque Journal. January 14, 2015.
  37. ^ "Second Judicial District Attorney Kari E. Brandenburg".
  38. ^ "DA to seek murder charges in James Boyd shooting: Officers to pay for legal counsel out-of-pocket". January 12, 2015.
  39. ^ Russell Contreras (January 12, 2015). "James Boyd shooting death results in murder charges against 2 police officers: Dominique Perez and former detective Keith Sandy charged in homeless man's death". AP.
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  41. ^ Kim Valdez (March 18, 2014). "Bernalillo County DA's son arrested in Third Shoplifting Case". AP.
  42. ^ http://www.santafenewmexican.com/news/local_news/da-denies-wrongdoing-in-bribery-investigation/article_e631047a-9b0e-5c3f-835b-a587e47a0bfd.html
  43. ^ Nancy Laflin (May 15, 2015). "District attorney cleared, won't face criminal charges: Attorney general completes investigation of district attorney".
  44. ^ "Statement" (PDF).
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  46. ^ Alex Goldsmith; Tina Jenson (April 10, 2014). "Judge orders city to pay $6M in APD fatal shooting case".
  47. ^ http://www.koat.com/news/watch-live-da-to-discuss-james-boyd-murder-case/32399476A
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  49. ^ Two Albuquerque officers face second-degree murder charges, Reuters, June 22, 2015.
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  56. ^ Family of James Boyd files wrongful death lawsuit, KOB4
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  67. ^ Thoren, Laura (June 16, 2014). "Andrew Boyd: James chose to be homeless". Retrieved August 24, 2015.
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  75. ^ a b Johnson, Kevin (10 September 2014). "Before Ferguson, there was Albuquerque". usatoday.com. Retrieved 24 August 2015. ...a local law enforcement agency with a stunningly violent reputation.
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  80. ^ "APD Sean Wallace Awarded". Albuquerque Journal.
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