Perez and Sandy could face second-degree murder, voluntary manslaughter or aggravated assault charges if Judge Neil Candelaria finds probable cause in the case.
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It was unclear from the testimony if Perez and Sandy also knew the details of Boyd’s mental illness.
Sandy and Perez are accused of killing James Boyd in March. They didn’t answer questions from reporters who covered the hearing.
In a statement, Albuquerque Police Chief Gorden Eden said he couldn’t comment on the judge’s decision since he expected to be a witness at the trial.
Holding fake knives, Bregman asked if Boyd’s actions put officers in danger.
Seven police officers around the country have faced murder charges for on-duty incidents since 2010. Boyd’s death was captured in a graphic video recorded by a camera on one of the officer’s lapels. An officer fires a flash-bang device, which disorients Boyd.
Prosecutors say Perez and Sandy shot Boyd despite signs he was surrendering following a long standoff.
“He still had knives”, Weimerskirch said. “That is the part of the population James Boyd was with”, said Special Prosecutor Randi McGinn. Although he is clearly down, officers sic the police dog on him anyway.
Overnight camping in the hills is illegal.
Boyd’s death, along with another fatal shooting by police, sparked protests in Albuquerque where since 2010 police had shot and killed 23 people.
An Albuquerque SWAT sergeant says police have been conscious that a homeless man had paranoid schizophrenia and had beforehand attacked an officer earlier than he was fatally shot throughout a standoff.
After the indictment by Brandenburg on the two officers, her office and the Albuquerque Police Department have had a strained relationship.
“The pendulum has swung too far”, she said. “As a result of what happened with John Hyde, the population that’s suffered the most is the mentally ill”.
Bregman referred to the same shooting in his closing, saying it showed the gravity of the situation the officers were facing.
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“God forbid that we have a police officer who needs to be protected by a fellow officer and that police officer hesitates because he’s worried about the government turning around and prosecuting him”, said Defense Attorney Sam Bregman. Bernalillo County District Attorney Kari Brandenburg filed first-degree murder charges against Sandy and Perez in January, but was disqualified in April after a judge ruled there was a conflict of interest. The preliminary hearing resumes after a week in recess and comes after other officers at the scene and a medical examiner have already testified.
