The local DA in New Mexico filed paperwork yesterday to charge Albuquerque Detective Keith Sandy and SWAT Officer Dominique Perez with murder in response to the shooting death of James Boyd, 38, a homeless man diagnosed with paranoid schizophrenia.

 

The officers were responding to the foothills of the Sandia Mountains of New Mexico where Boyd was allegedly camping illegally. Boyd would not follow the officers' orders, and stood holding two camping knives for much of the standoff. After 5 hours of standoff negotiation, the officers released a flash bang grenade and a police K-9 as Boyd began to pick up bags and turn around. After dropping his belongings and brandishing the one knife that he still held at the police dog, officers Sandy and Perez fired a total of six rounds from their rifles, hitting Boyd in the back and arm with three rounds. Then, after lying motionless and yelling "I can't move" and "please don't hurt me" in responses to the officers' orders to raise his hands and put down his knife, the video captured by one of the officers' helmet-cams shows Boyd try to shift the weight in his lower body, at which point he is shot three times with a bean bag round. Boyd's body lies completely motionless, and his body does not appear to react in any way to being shot with the with a bean bag rounds. At that point, the K-9 is released on him again, and the officers handcuff his motionless body. Boyd died in the hospital the following day.

 

The Albuquerque Police Department is defending Sandy & Perez, saying the shooting was justified. The next step will be a preliminary hearing, where prosecutors will make their case to go to a full trial, and a judge will have the final say on whether the case moves forward. The charges filed by the DA's office allow prosecutors to pursue either first-degree or second-degree murder against the officers.

 

 

Video of the end of the standoff can be seen here. (GRAPHIC CONTENT WARNING):

I thought this was a justified shooting. It seemed even worse after hearing what one of the officers said when he was on his way to the scene before the shooting.

I thought this was a justified shooting. It seemed even worse after hearing what one of the officers said when he was on his way to the scene before the shooting.

 

He said he was going to tase the guy...didn't he?

Didn't the Prosecutor go "Around" the grand jury process to file these charges directly. I read one story that she did it due to political pressure after the events of this fall.

I thought this was a justified shooting. It seemed even worse after hearing what one of the officers said when he was on his way to the scene before the shooting.

 

I meant that I never thought this was a justified shooting. The officer's comments made it even worse.

He said he was going to tase the guy...didn't he?

 

He did. On either his 2nd or 3rd version of the story that he told. Here's the transcript:

 

At the scene, Sandy saw former colleague State Police Officer Chris Ware. Sandy didn't realize Ware's dash cam was rolling and picked up their conversation.

 

Sandy: What do they have you guys doing here?

 

Ware: I don't know. The guy asked for state police.

 

Sandy: Who asked?

 

Ware: I don't know.

 

Sandy: For this *expletive* lunatic? I'm going to shoot him in the penis with a shotgun here in a second.

 

Ware: You got uh less-lethal?

 

Sandy: I got...

 

Ware: The Taser shotgun?

 

Sandy: Yeah.

 

Ware: Oh, I thought you guys got rid of those?

 

Sandy: ROP's got one... here's what we're thinking, because I don't know what's going on, nobody has briefed me...

 

In April, APD internal investigators asked Sandy about what he meant by the "shooting in the penis" comment. In an internal investigation transcript, Sandy is quoted saying, "Jokingly, just kind of locker room banter, just told him, you know, 'Don't worry, I'll shoot him in the pecker with this and call it good.'"

 

But a few minutes later, the transcript shows Sandy recanted his statement. The investigator asked, "Did you say anything to Chris Ware about shooting him in the pecker?"

 

Sandy responded, "I don't…no, I don't think I did."

 

http://www.kob.com/article/stories/s3624175.shtml#.VLXj1Gd0zbg

 

 

 

Ironically, Sandy should never have had a gun and been on the scene according to the conditions of his hiring. He was fired from the NMSP after being caught in a double dipping scandal. He was hired by the APD with the understanding that he would only be collecting evidence and would not have a gun.

 

Cop involved in Sunday shooting had rocky past, performance at APD | KRQE News 13

Please listen to commands when a police officer is telling you what to do. Let me rephrase that, when polices officers are telling you what to do.

Had knives and a history.

I have no problem at all with the officers actions. Holding 2 knives and after 5 hours of a standoff he brandishes a knife toward the K-9 who is another officer whether people want to admit it or not, to save the K-9 the officers opened fire.

 

The DA is wrong in this incident.

I have no problem at all with the officers actions. Holding 2 knives and after 5 hours of a standoff he brandishes a knife toward the K-9 who is another officer whether people want to admit it or not, to save the K-9 the officers opened fire.

 

The DA is wrong in this incident.

 

If they're attorneys are good at what they do, I think they will beat the charges.

Didn't the Prosecutor go "Around" the grand jury process to file these charges directly. I read one story that she did it due to political pressure after the events of this fall.

 

She said that evidence presented to a grand jury is kept confidential. By doing it this way everything in the process is transparent. You often use the phrase that a prosecutor could get an indictment on a ham sandwich. I'm sure if they presented the case in a manner suggesting that they wanted an indictment in this case they'd have gotten it from the grand jury as well.

I am all for police doing their job and having to do unfortunate things and take lives when put in that position by the perpetrators, I think my comments on that speak for themselves.

 

However, in this specific, particular case, with a 5 hour standoff and the guy with no "long range" weapons,, why couldn't the police tase the crap out of him and hit him with several well placed rounds of bean bag shot and try to incapacitate him and/or force the knives out of his hands? If their was ever a case for a possible non lethal response being the fist course of action that could have worked, this is it. And yes I know they did the flash grenade first and tried a non lethal option, but it didn't work. But maybe two or three rounds of tasers and 10-12 bean bag shots would have.

She said that evidence presented to a grand jury is kept confidential. By doing it this way everything in the process is transparent. You often use the phrase that a prosecutor could get an indictment on a ham sandwich. I'm sure if they presented the case in a manner suggesting that they wanted an indictment in this case they'd have gotten it from the grand jury as well.

I may be wrong, but I think I read that they tried to Indict the Ham Sandwich and the Federal Grand Jury did not Indict so they then chose to go this route after not getting an Indictment.

I may be wrong, but I think I read that they tried to Indict the Ham Sandwich and the Federal Grand Jury did not Indict so they then chose to go this route after not getting an Indictment.

 

 

If the ham sandwich that you are referring to in this case is the 2 officers you are incorrect.

 

The incident occurred shortly before the U.S. Department of Justice released findings that APD had a pattern or practice of using excessive and fatal force in APD shootings investigated prior to Boyd’s death.

 

Mayor Richard Berry, who later said the chief spoke too quickly and called the Boyd shooting a “game changer,” asked the FBI to investigate. That is a separate investigation and is ongoing, although information has been shared with investigators from APD, Bernalillo County Sheriff’s Office and State Police.

 

On Monday, Elizabeth M. Martinez, assistant U.S. Attorney, released a statement: “The Justice Department will be closely monitoring the local prosecution arising out of the officer involved shooting of James Boyd. The federal investigation into this matter remains open.”

If the ham sandwich that you are referring to in this case is the 2 officers you are incorrect.

 

The incident occurred shortly before the U.S. Department of Justice released findings that APD had a pattern or practice of using excessive and fatal force in APD shootings investigated prior to Boyd’s death.

 

Mayor Richard Berry, who later said the chief spoke too quickly and called the Boyd shooting a “game changer,” asked the FBI to investigate. That is a separate investigation and is ongoing, although information has been shared with investigators from APD, Bernalillo County Sheriff’s Office and State Police.

 

On Monday, Elizabeth M. Martinez, assistant U.S. Attorney, released a statement: “The Justice Department will be closely monitoring the local prosecution arising out of the officer involved shooting of James Boyd. The federal investigation into this matter remains open.”

 

The Federal Grand Jury was looking into THIS case back in April...that is separate from the wide ranging investigation of the department.

 

ALBUQUERQUE (KRQE) – News 13 has learned a federal grand jury has subpoenaed belt tapes and reports from state police officers present at the Boyd shooting.

 

That grand jury is in connection with the FBI’s criminal investigation of the standoff.

They’ll start listening to evidence Tuesday.

 

The attorney for APD officers Keith Sandy and Dominique Perez tells KRQE News 13 that neither officer has been interviewed by the FBI or received a grand jury target letter.

 

No word on how long everything could take.

 

Then from October

 

The two Albuquerque police officers who shot homeless camper James Boyd in the back, killing him, during a March 16 standoff in the Sandia foothills likely will not face criminal charges in the federal system, KRQE News 13 has learned.

 

Although a federal investigation is ongoing, the evidence so far is not enough to get a team of FBI agents, local prosecutors from the U.S. Attorneys Office and lawyers from the Department of Justice over the towering hurdle that stands in front of charging officers Keith Sandy and Dominique Perez with criminal civil rights violations, according to multiple sources who are familiar with the investigation.

 

Federal prosecutions in police shooting cases are rare, but not unheard of. They require the stiffest proof: essentially the same standard as deliberate murder.

 

The team on the ground in Albuquerque does not appear to believe it has the evidence to clear that standard and win the Boyd case in federal court, the sources said.

 

But the Justice Department has not yet made a final determination on whether to pursue charges.

 

A federal grand jury during the past few months has heard testimony and reviewed evidence in the Boyd shooting case, News 13 has learned.

 

So it does seem as if this case alone was presented to a Federal Grand Jury...Grand Jury never returned an Indictment. Unclear if prosecutor asked for Indictment or not, but they did use the Grand Jury to investigate and build a case.

The Federal Grand Jury was looking into THIS case back in April...that is separate from the wide ranging investigation of the department.

 

 

 

Then from October

 

 

 

So it does seem as if this case alone was presented to a Federal Grand Jury...Grand Jury never returned an Indictment. Unclear if prosecutor asked for Indictment or not, but they did use the Grand Jury to investigate and build a case.

 

 

The Assistant U.S. Attorney plainly said that they will be monitoring the local handling of the case because the federal investigation remains open. That would suggest that they have made no ruling on the case. As for the DA taking this route, she wouldn't have presented the case to a federal grand jury anyway would she? She hasn't filed federal charges.

 

 

From a CBS article on the case: The FBI is investigating the Boyd shooting, but U.S. authorities have not said if the officers will face federal charges.