Fox says police decided the standoff was a SWAT state of affairs as a result of the knife-wielding Boyd was on greater floor and put officers in peril.
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Perez and Sandy could face second-degree murder, voluntary manslaughter or aggravated assault charges if Judge Neil Candelaria finds probable cause in the case.
A judge could decide after arguments if the officers should stand trial. At one point, Boyd turned his back to the officers and they began firing.
David Roman made the argument Tuesday during a preliminary hearing.
During the hearing, Bregman, who represents Sandy, questioned K-9 officer Scott Weimerskirch from a 4-foot platform to illustrate whether Boyd being on higher ground was a threat to officers.
“I was in a helpless position… trying to control my dog”, Weimerskirch said, crediting Sandy and Perez for saving his life. But it was unclear from the testimony if Perez and Sandy also knew the details of Boyd’s mental illness.
The findings triggered reforms within the department on the part of the city, coinciding with 40 officer-involved shootings since 2010.
Albuquerque Police clash with protestors following a fatal shooting that led to the death of a mentally ill homeless man.
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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.
