He said Officer Dominique Perez and former Detective Keith Sandy then shot the 38-year-old Boyd.
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Candelaria announced his decision on whether or not the officers will stand trial at 1:30 p.m. The judge had previously asked people on both sides of the case to avoid in emotional outbursts in the courtroom.
An Albuquerque judge has decided that Officer Dominique Perez and former detective Keith Sandy will stand trial in the shooting death of James Boyd.
The prosecution said the officers can not claim self-defense because they closed in on Boyd and there were other less lethal ways to get him off the mountain.
Helmet and body cameras worn by dozens of city police who converged on the campsite showed Boyd with two small camping knives in his hands.
Prosecutors say the two officers helped escalate the standoff and recklessly shot Boyd.
A K-9 officer testified Monday that two Albuquerque police officers saved his life by shooting a knife-wielding homeless man during a tense standoff in 2014. They say the two officers should face a jury on murder charges.
Albuquerque Police clash with protestors following a fatal shooting that led to the death of a mentally ill homeless man.
Perez had been called to the scene to provide cover for officers who were formulating a plan to arrest Boyd. It was not Mr. Boyd who came at them, ‘ McGinn told the judge. Boyd, who authorities said was schizophrenic, died at a hospital after his arm was amputated.
As reported by KOAT news, Perez and Sandy are also facing charges of aggravated assault, aggravated battery, and voluntary manslaughter.
Upon arrival, the Albuquerque police officers attempted to persuade the homeless man to leave his makeshift shelter.
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The city and the Justice Department later entered an agreement to overhaul policies involving use of force and to appoint a federal monitor to oversee reforms. Officials released a report about the investigation in April, stating there was “reasonable cause to believe that APD engages in a pattern or practice of use of excessive force, including deadly force”.
