That’s when Officer Dominique Perez and former Detective Keith Sandy shot the 38-year-old camper. Defense lawyers say Boyd threatened officers with two knives.
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A former and a current New Mexico police officer charged with murder sat motionless after a judge announced they would have to face a jury trial for the on-duty shooting of a homeless man.
Under cross-examination, McGinn asked Fox if he would have shot Boyd had he been surrendering in a pose requested by officers. Although the details remain a point of heated controversy, Pro Tem Judge Neil Candelaria determined there is probable cause to charge the officers with second-degree murder.
Perez and Sandy will be arraigned at a later date.
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. Boyd, who authorities said was schizophrenic, died at a hospital after his arm was amputated.
During the pre-trial testimony McGinn highlighted the fact that Boyd was shot in the back, while the defense attorneys claim the cops were looking out for a fellow cop.
Officer Dominique Perez and now-retired Officer Keith Sandy shot and killed Boyd after a tense three-hour standoff in the foothills in March 2012.
Officials said police would get crisis intervention training and would no longer be able use their personal weapons on duty or shoot at moving cars.
At the time of the shooting, the Albuquerque Police Department was being investigated by the U.S. Justice Department over use of force after police were involved in more than 40 shootings since 2010.
A federal judge recently approved an agreement between the city and the Justice Department to revamp police policies and assign a federal monitor to make sure changes are made.
“I think it was a very hard decision for the judge and for everybody”.
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Since then, she said Albuquerque police officers have become too aggressive in their response to people with a mental illness.
