The defense says that the officers were doing their jobs to protect the K-9 officer who was too close to Boyd.
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Pro Tem Judge Neil Candelaria said there was probable cause for the case against Dominique Perez and Keith Sandy, the Associated Press reported.
After a three-hour standoff with police, officers created a plan tell Boyd to gather his belongings and start walking downhill.
“I was in a helpless position… trying to control my dog”, Weimerskirch said, crediting Sandy and Perez for saving his life.
The preliminary hearing for the James Boyd Case resumed Monday after a weeklong break with testimony from two officers who were at the shooting scene.
David Roman made the argument Tuesday during a preliminary hearing. 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.
Weimerskirch also testified that when he approached Boyd, he ducked because he knew Sandy and Perez would fire at the camper.
Boyd’s death, along with another fatal shooting by police, sparked protests in Albuquerque where since 2010 police had shot and killed 23 people.
In the footage, Boyd picks up his belongings and appears ready to walk down toward 19 officers armed with over 700 rounds of ammunition who were surrounding him.
Defense lawyers continued on Monday questioning witnesses about the dangers Boyd posed to officers before he was shot.
Fox said police determined the standoff was a SWAT situation because the knife-wielding Boyd was on higher ground and put officers in danger.
He was recorded on a digital recorder calling Boyd a “lunatic” and talking about using force against the homeless man moments after he first arrived on scene.
Shortly after the killing of Boyd, Justice Department officials released a harsh report faulting Albuquerque police for excessive force, especially against suspects suffering for mental illness.
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A federal judge recently approved an agreement between the city and Justice Department to revamp police policies and assign a federal monitor to make sure changes are made.
