Posted on 02/21/2015 7:49:43 PM PST by Marie
ALBUQUERQUE, N.M. —The district attorney is seeking criminal charges against the two officers who shot and killed James Boyd last spring.
Police said officers Keith Sandy and Dominique Perez fatally shot Boyd last year.
District Attorney Kari Brandenburg submitted paperwork Monday to move the case forward. The next step would be a preliminary hearing, where prosecutors would make their case to go to a full trial. A judge would have the final say on whether the case moves forward.
"In this case we do believe that we have probable cause," Brandenburg said.
The DA is seeking murder charges.
Brandenburg also said she's been thinking about pursuing charges since October. Though she wouldn't elaborate on what facts and evidence show probable cause, she discussed a different route she's taking during a Monday news conference.
Instead of a grand jury deciding behind closed doors if the officers will be indicted, a judge will determine probable cause in open preliminary hearings.
"We refer to it as a mini-trial, where evidence is heard in court, open court," she said. "The defense can cross-examine and present their own testimony, and then a judge will make a decision."
At a preliminary hearing, a judge will determine if there is probable cause, and if so, Sandy and Perez will be bound over on the charges, booked and arraigned.
A date for the preliminary hearing has not been set.
“The decision by the DA to charge Keith Sandy is unjustified and a bad decision by the DA’s office. Keith, as a police officer, has not only the right, but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives,” Sandy’s attorney, Sam Bregman, said.
Bregman said as the foothills incident escalated, Boyd was armed with two knives and lunged at APD's dog handler. He said when Boyd was 8 feet away from that officer, Sandy and Perez did what they were trained to do: protect the dog handler.
He said Boyd had a violent past that included cutting a man's face with a box cutter in 2009.
Bregman also said that though Sandy is saddened by Monday's announcement, he looks forward to all the facts in the case being presented.
Perez's attorney could not be reached for comment.
The city is not paying the legal defense for Sandy or Perez, according to Bregman. Both are paying out-of-pocket.
The Albuquerque Police Department released a statement that said; "This case is a matter of great concern to the community, the City of Albuquerque, the Albuquerque Police Department and the involved officers. Having the case presented to a district court judge at a preliminary hearing will permit the evidence to be presented in a transparent and public forum."
The Albuquerque Police Officer Association released a statement that said; "We are disappointed in the District Attorney's decision to pursue charges. This was an unfortunate situation, but in no way criminal."
Sandy and Perez are both charged with first-degree murder, second-degree murder and manslaughter.
Sandy retired from APD in December after several months on administrative leave. Perez has been on administrative assignment since the shooting.
It's been more than 300 days since the shooting.
https://www.youtube.com/watch?v=6tpAZObNZfI
The man wasn't a saint, but it's hard to watch this video and see this as anything other than murder.
“The Albuquerque Police Officer Association released a statement that said; “We are disappointed in the District Attorney’s decision to pursue charges. This was an unfortunate situation, but in no way criminal.”
They ALWAYS say the same thing, it’s “unfortunate” that we killed someone, but “we are cops and so we should get away with it!” And they usually do! This is the right thing to do. A trial is fair to everyone (except the guy who died).
As people lose reverence for God this is a more and more common picture. Really, the government IS the highest moral actor in such a picture. It’s like asking them to damn themselves, they jolly well never will.
Story is from mid-January.
It really doesn’t need to be re-posted, does it?
That is why our courts are so important. And the fact that we now have far too many judges who see their roles as “legislators” rather than adjudicators is very worrisome. The other piece of it is that we have this festering issue of “standing” which also serves to blunt justice. Seemingly, you have to wait to be abused in some fashion (hopefully not killed) before you can get any redress. And even then, the years grind you down along with your wallet while the government uses taxpayer funds to unnecessarily draw the process out when it suits them, which is usually the case. I've only seen it up close and personal in probating my mother's estate, but the courts and the government don't give a $hit if you ever get through their process because they get a paycheck no matter what they are doing.
I did a search and didn’t find it. If somebody else already posted this article from this source, then the mods will pull it and I will take no offense.
After seeing a dozen posts about ‘creepy biden’ this week, it doesn’t seem that FR’s too worried about the occasional repost.
Did you make sure to tell all of them that this story has already been done, too? If not, I suggest you get busy. There are many multiple posts on FR. (from different sources)
This is good news, but what about the Albuquerque cop who shot the under cover cop, a few weeks ago?
That story seems to almost be blacked out.
But when the judge does not fear God we also get the same ungodly mess.
It’s getting late on a Saturday. It’s about time for the Libertarians to come out.
Aw, no injustice too big or too small, Moonie?
I’d like to see that video
Disregard the troll.A wanna-be grammar-nazi.
I’ll have to disagree. The guy dropped his pack and had a knife in each hand 10’ away from the cop. What do you think he was going to do?
Ping!
I don’t think there is video.
Another bizarre case is the video of what looks like police chasing down a guy that was throwing rocks, and then executing him in daylight and full view of the public.
https://www.youtube.com/watch?v=y-0uqFTBclo
“It really doesn’t need to be re-posted, does it?”
Of course it does... Does the story embarrass you for some reason?
“Laura Grant talks about what her family has been through since her husband, an undercover Albuquerque Police Department detective, was shot multiple times by another APD officer during a drug bust near Tramway and Central in early January. (Marla Brose/Albuquerque Journal)”
“Jacob Grant, who is in his early 30s, had been shot by his own lieutenant during an undercover drug bust, and for several days doctors didn’t know if he would survive. He is still in the hospital and faces several more surgeries and more than a year of recovery.”
http://www.abqjournal.com/543018/news/laura-grant-wife-of-apd-officer-jacob-grant.html
I’m being attacked for pointing out that a story is old and has already been posted?
http://www.freerepublic.com/focus/f-news/3246096/posts
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