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-Short Attention Span Theater-
Two Albuquerque Police Officers Charged in Fatal Shooting Last Year of Mentally Ill Homeless Man
2015-01-14
Two Albuquerque police officers have been charged with murder in last year's fatal shooting of a homeless man in New Mexico, a death that sparked violent protests in the city and generated a federal investigation into the recent history of alleged excessive abuse by police authorities.

Former Albuquerque police Detective Keith Sandy and current officer Dominique Perez will each face a single count of open murder in the death of 38-year-old James Boyd, Second District Attorney Kari Brandenburg said in Bernalillo County on Monday. The charge of open murder will allow prosecutors to pursue either first-degree or second-degree murder charges.

On March 16, the SWAT team members fatally shot Boyd, who was accused of illegal camping and believed to have struggled with mental illness, during a four-hour standoff in the foothills of the Sandia Mountains. A video from one of the officer's helmet showed that he had been attacked with a flash grenade while attempting to comply with orders to come down from a location.

Two officers, one with a dog and another with a rifle, then appear to close in on Boyd while ordering him to get down, later firing six rounds after Boyd appears to pull out two small knives in both hands.

However, the charge was "unjustified," Sam Bregman, lawyer for Sandy, told The Associated Press, adding that his client had done nothing wrong.
Of course not. And he'd do it again, too.
"Keith, as a police officer, had not only the right, but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives," Bregman said. "Keith did nothing wrong. To the contrary, he followed his training and probably saved his fellow officer's life."
Bullshit. For some reason they packed up and felt the need to absolutely crush a man with obvious mental illness. Good job, Rambo. Now go change the facts and brag about it to your wife and kids. They approached him way too close with the intent to generate the excuse to kill him with their toys as soon as he moved a muscle. Had they given him a little space and put their weapons down, he would have complied. Time and time again I see this. It's like they never learn by example.
Luis Robles, an attorney for Perez, said, "Sadly, this day has come. Regardless, I am confident that the facts will vindicate Officer Perez's actions in this case."

While the FBI is investigating the Boyd shooting, it remains unclear whether U.S. authorities will file any federal charges against the accused officers, according to the Associated Press.
What? Everyone's white? Nothing to see here, folks.
For now, the date for a preliminary hearing for the two has not yet been set, Brandenburg said in a statement.

Meanwhile, the Albuquerque police department is currently facing reforms and is under federal monitoring because it was found that they were using excessive, even deadly, force against civilians.
Posted by:gorb

#14  A related item: Head of Cleveland Police union objects to institution of body cameras for on-duty personnel.
Posted by: Anguper Hupomosing9418    2015-01-14 23:52  

#13  That "booyah" will earn these (sopon to be former) officers 10 extra years hard time in the federal Pen when sentencing comes.
Posted by: OldSpook   2015-01-14 22:01  

#12  A good squirt of pepper spray about 15 minutes into the conversation would have been in order.
4 hours of dogging this guy to the point of psychosis then shooting him is one of the most questionable things I've ever seen.

And whoever yelled "Booyah!!!" when they shot him needs to be banned from law enforcement for the rest of his life.
Posted by: bigjim-CA   2015-01-14 19:12  

#11  Going with non-lethal [bean bag] and angry dog first, as opposed to 5.56 ball, might have saved them a great deal of arse pain. A bit late now however. I doubt they'll ever be given a second chance. If isn't already, this video should be part of the program of instruction (POI) at every police academy in the nation.
Posted by: Besoeker   2015-01-14 16:19  

#10  Ditto OS.

Check out the terrain, was Boyd going to make a sprint at the cops? Hell he couldn't easily move 3 feet no less 20. Was he an expert knife thrower that could down 3 adults in rapid succession?

They could easily have surrounded him and worked him down to a level clear area and dealt with him with no need for flash bangs, bean bag rounds, bullets or any of their fancy toys.

This strikes me as part and parcel of the militarization on police forces. I wouldn't be surprised if they had an APC that they came in.


Additionally this speaks volumes to the idea that I first saw in Insty about how every law must now be viewed as a capital offense, even illegal camping, cause of the way cops will kill you for it (see also Eric Garner selling loosies).
Posted by: AlanC   2015-01-14 15:28  

#9  But from all appearances, that was not an arrest or a simple shooting. It looked like an execution.
Posted by: OldSpook   2015-01-14 15:01  

#8  21 feet is the magic number for a knife armed assailant. Its been trained that way for a while - the Tueller 21 foot drill.

Not saying the shooting was justified, but the distance is key.
Posted by: OldSpook   2015-01-14 14:57  

#7  Boyd and Boehner could switch jobs. Boyd would feel more at home with his new surrounds and nut- case, beltway friends. Boehner could empty ash trays and continue to make lame jokes that only drunks would laugh at.
Posted by: Besoeker   2015-01-14 12:55  

#6  #1 One of our states has gone missing.

We have only 56 states now?

The guy who threatened to poison Boehner (not Boner) is definitely bug-f&$k nuts if you listen to him. There are such many crazy people running around on the streets since the asylums were opened in the 1970s and on. This particular case will play out and justice might be served if the DOJ doesn't get involved in it. James Boyd appears to be wearing a shoulder holster but I can't really tell from the vid. Boyd also might be considered to look like a Islamic who might have come across the border. There was a 4-hour stand-off and the situation wasn't resolved?
Posted by: JohnQC   2015-01-14 12:48  

#5  Now THAT's murder. All of those Ferguson protesters and Mike Brown reporters need to see the difference between the two cases.

Even assuming that Boyd did have a knife what was he going to do with it from 20+ feet away? This was despicable and speaks volumes about the type of training and tactics (military/SWAT) that police are using in very inappropriate circumstances. I hope they lock up these bastards for a very long time.
Posted by: AlanC   2015-01-14 10:50  

#4  Here's the video. I see Boyd was complying, turning and going to ground by command, they then still shot him.
Posted by: Procopius2k   2015-01-14 09:01  

#3  Some small percentage of the mentally ill are truly dangerous to others, as we have seen in a number of mass killings in recent years, and it isn't fair to demand that the police be able to differentiate in a fraught moment. In the old days such people were kept in mental hospitals, where they were known and considerably safer than trying to survive on the streets.
Posted by: trailing wife   2015-01-14 08:31  

#2  One example among many I have collected since 1975:
Originally from this site 29 March 2012, but the link has gone dead.
The new interim president and vice president of the Albuquerque Police Officers Association announced Thursday they will immediately change the policy of giving $500 to officers involved in shooting civilians.

Now officers will request a reimbursement that must be approved on a case-by-case basis.

On Thursday morning the APOA board of directors chose Weber to be the union’s interim president and Henderson to be the interim vice president to replace the leaders who resigned earlier in the week.

Weber said the payments were intended to allow officers to take time off and go somewhere to decompress after a traumatic event.

However, critics of Albuquerque Police Department and the number of officer-involved shootings pounced on the payments as bounties for killings.


The other 49 states are missing from this report since local news media neglected to mention any other police departments in the USA with a similar policy/practice. That would have been helpful in placing this issue in context.
Posted by: Anguper Hupomosing9418    2015-01-14 07:20  

#1  "It's like they never learn by example." Hey, it is New Mexico, what else would you expect? When I moved there in 1975, the clerk at the UHaul reception desk in Gallup was obviously illiterate, although he did know how to answer a telephone in fluent English. One of our states has gone missing.
Posted by: Anguper Hupomosing9418    2015-01-14 07:14  

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