A judge in the southern U.S. state of New Mexico ruled Tuesday that the police officers who shot and killed a homeless man with schizophrenia in 2014 must stand trial for his death.
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That’s when shots fired by Officer Dominique Perez and former Detective Keith ring out, and Boyd hits the ground.
Defense attorneys had said that the two officers were following their training and did what a reasonable officer would do in the same situation when James Boyd was fatally shot on March 16, 2014.
Only seven police officers around the country have faced murder charges for on-duty incidents since 2010.
Albuquerque Police clash with protestors following a fatal shooting that led to the death of a mentally ill homeless man.
Police then start running towards him shouting, while Boyd seemingly pulls out two knives from his pockets and refuses to drop them.
Retired officer Keith Sandy and officer Dominique Perez will face charges of 2nd-degree murder, voluntary manslaughter and battery in court. When he finally requested a video from the on-scene Sergeant- eight or nine days later by his recollection-“the video had been cleared and the Boyd encounter wasn’t there”, according to a KRQE report.
Three hours after hearing the closing arguments, Judge Candelaria stated, “Counsel, having considered all the evidence in the case and applying the standard of probable cause…”
Perez and Sandy will be arraigned at a later date.
“I know at this time Mr. Boyd presented himself as an immediate deadly threat toward myself, and I knew I had lethal coverage over my left shoulder”, Weimerskirch said as Bregman questioned him while standing on the platform to demonstrate the slope police were facing.
Sam Bregman, Sandy’s attorney, said during closing.
Prosecutors say Perez and Sandy shot Boyd despite signs he was surrendering following a long standoff.
The officers went to the scene after calls that Boyd was disturbing people.
Holding fake knives, Bregman asked if Boyd’s position and his actions put officers in danger.
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Ginger’s appointment was part of an agreement the city made with the DOJ to carry out the overhaul and bring wide-ranging reforms to the force, an initiative that stems from a federal investigation into the excessive use of force by the city’s police.
