Judge Neil Candelaria will decide whether or not to proceed with a trial, and if so, on which of the various charges named. Note: Judge Neil Candelaria is a former police officer who was a judge in Metropolitan Court and the criminal division of District Court before his retirement.
(The background of the preliminary hearing and FAQs, koat.com)
Timeline of James Boyd Case, kob.com, including ‘In July, the family and estate of James Boyd reaches a $5 million settlement with the city of Albuquerque and Albuquerque Police Department’, as well as Peace Officer Sandy’s recorded voice saying that he was going to ‘shoot him in the penis with a shotgun here in a second’.
“If I pull a gun on you, Judge, and you pull a knife on me, I don’t get to shoot in self-defense because I started the fight.”
@505crush Lead investigator in #JamesBoyd case admits Perez & Sandy where not separated and were not interviewed until two days later.
(Russell Contreras above)
505crush From McGinn’s line of questioning, officers must have tampered with video evidence in #JamesBoyd investigation. We media knew it long ago.
@gburkN Forensic expert says 2 out of 3 shots from Keith Sandy hit #JamesBoyd. Then Perez shot 3 times
Photos of James Boyd’s clothing showed he was wearing five layers…
@BurqueMedia: Sandy lies about saying he’d shoot #JamesBoyd in the penis. Witness says Sandy admitted to something he didn’t say
@gburkNM: Forensic expert just testified he has “no doubt” #JamesBoyd turned body when officers fired shots at him.
@gburkNM: State points out #JamesBoyd‘s last words were that he trusted officers, before they threw flash bang.
@BurqueMedia: and I haven’t heard much of anything unintentional,” Judge Neil Candelaria.
505crush – APD Chief Eden Gives Us The Eyebrow Raiser Of The Week – http://joemonahansnewmexico.blogspot.com #JamesBoyd #APDCOVERUP
”The eyebrow easier of the week was easily when APD Chief Gorden Eden said he has never read the criminal investigative report on the killing of homeless camper James Boyd, despite it arguably being the most famous slaying in the department’s history. Eden made the statement in testimony at this week’s preliminary hearing where it will be determined if two APD officers will stand trial on charges in connection with the Boyd shooting. He later explained why he has not read the report, but that explanation puzzled many, including ABQ attorney Tom Grover who writes:
”He’s trying to say he can’t look at the report because if he did he’d violate the officers’ due process rights for administrative investigations. First, it doesn’t apply to at all to former APD officer Keith Sandy because he’s no longer employed by APD. Regarding officer Perez, we’re talking about the criminal investigation of the shooting of Boyd NOT the administrative investigation of Perez for misconduct. The administrative investigation of a public employee’s misconduct always follows the criminal investigation because statements by officers in administrative investigations are compulsory–an employee who refuses to answer can be fired for simply not answering. Lastly even if there were something that would pose a conflict, Eden as Chief of Police can assign authority to discipline Perez to a deputy chief or to the city’s chief administrative officer. For Eden to come off as so uninformed about this event and again to misstate a legal issue (remember, he at first called the Boyd case a justified shooting) shows how little has changed with APD.”
……………………………………..
Aug. 6
@krqehaley: The defense arguing for judge to put involuntary manslaughter charge back on the table.
@courtchatter If this proceeds to trial, defense could be in trouble by judge dismissing the Involuntary Manslaughter charge (least of chrgs)
krqe.com clarifies:
“The judge dropped involuntary manslaughter charges against now-retired detective Keith Sandy and current officer Dominique Perez. But that still leaves second degree murder, voluntary manslaughter and aggravated battery charges pending.
Attorneys for both men asked the judge to dismiss all charges against them. The defense argues James Boyd never surrendered and threatened officers with knives.
Special prosecutors argue Boyd was doing what officers asked and leaned toward the ground before officers shot him.
The judge says all the evidence he’s heard so far is pointing towards both men intentionally pulling their triggers and firing the fatal shots at Boyd.”
@krqehaley: Neighbor says he feared for his safety when Boyd was camping near his home. #JamesBoyd
@NancyLaflinKOAT: Witness: containing subject in darkness in best of circumstances extremely difficult #jamesboydcase; Defense witness: all less lethal options, flash, taser, dog all failed.
Defense: Perez responsibility was protecting fellow officers
Moar har-har:
@krqehaley Witness says it takes three quarters of a second for an officer to recognize if deadly force is needed
State: police are not at war. Here to serve n protect
Irony beyond belief; cognitive dissonnce much?
@NancyLaflinKOAT Defense witness: No indication Boyd had surrendered
No, we was simply lying face down on the ground, right leg twitching when the K-9 attacked him again.
Holy Shit! Say it ain’t so; I’d had two of his videos* ready to offer at the end of the post, just to remind you all of Dave Grossman’s soul brother (the developer of the ‘Killology’ website) I’d featured on my Aug.2 post. The State (prosecutor) had been trying to get him excluded; small wonder. And had I actually read the entire NYT piece, I’d have known he’d be on the stand. One tweeter in court is calling him ‘The Angel of Death’. But hell’s bells; the defense apparently has days’ worth of defense witnesses to bring yet, a total of 28. And here I’d imagined they’d end with Lewinski’s Big Guns, so to speak…
Aaaaaand…here’s Sleeps-in-a-Coffin Lewinski himself:
“Officer Johannes Mehserle was the cop who shot Oscar Grant in the back in the video above. Grant was unarmed and presented no threat to the cops. Mehserle’s defense called in Lewinski to convince the jurors that this was not murder and that Mehserle feared for his life. They were successful in beating the murder charge. Mehserle was found guilty of the lesser charge of involuntary manslaughter and was out of jail after only 11-months.
@rboetel McGinn questioning William Lewinski in attempt to exclude his testimony. She’s questioned his education, research and bias in favor of cops. Lewinski said his research is done for the benefit of police. When asked, he said he considers himself part of defense team, who hired him.
@505crush Lewinski may have violated NM law by misleading the public as to being a licensed Dr. of Phycology. He is not. (does crush mean ‘psychology’?)
(His website says: “Dr. Lewinski is a behavioral scientist specializing in law enforcement related issues. He has a Ph.D. in psychology with a concentration in police psychology”)
@rboetel Judge allows Lewinski to speak to action/reaction time. Excludes him from speaking of memory and officer perceptions.
Because: charlatanism?
@NancyLaflinKOAT State says new witness, Lewinski testimony on police shootings hogwash; Video of shooting in court again; Defense witness now going over shooting/reaction time frame by frame ; Judge getting confused over math calculations of witness; Defense shows video how quickly Boyd turned n shots fired from Perez
.@BurqueMedia Lewinski saying citizens need training to judge police officers actions.
@NancyLaflinKOAT: Defense: someone w deadly weapon, higher ground more dangerous; State: we’re not actually teaching officers to shoot someone just standing there w knife? Answer: no
Defense showing edged weapon training video. State objecting; Judge now says edged weapons video excluded after watching opening scenes
Both sides debating Tueller Drill (use of force/distance between officer n armed person)
@Burque Media Productions: Defense continues to ignore the fact that the officers closed the distance between themselves and Boyd. Boyd did not. In addition, he now seems to be recreating a different sequence of events. We’ve all see the video and I don’t recall this high-handed move.
Court in recess until Aug 17th
???
************************************************
*Psychologist William J. Lewinski is ‘Training Officers to Shoot First, and He Will Answer Questions Later’, from the NYTimes.
“He has appeared as an expert witness in criminal trials, civil cases and disciplinary hearings, and before grand juries, where such testimony is given in secret and goes unchallenged. In addition, his company, the Force Science Institute, has trained tens of thousands of police officers on how to think differently about police shootings that might appear excessive.”
“unarmed doesn’t mean not dangerous”
“Oh, those martial artists who can inflict mortal injuries with just body parts!” “Two hundred beats a minute under stress!” Oh, the math he brings! Because: furtive movements can result in charging officers!.
davidly
Greyson Smythe
LeMoyne
juliania2
ohiobarbarian
stephenadavis1
wendyedavis
café babylon 
Saw part of Lewinski’s testimony this morning wherein McGinn grilled his ass good and proper and impugned his reputation and credibility with considerable relish.
Unfortunately — or perhaps not — His Honor allowed his testimony re: reaction time, etc. at least for this hearing.
I have one word to describe Mister (Don’t Call Him Doctor) Lewinski: GOUL.
My impression — don’t call it a prediction yet — is that His Honor will allow the matter to go to trial simply because he wants the issue of police killing icky people like Boyd to be thoroughly aired, and he probably believes there’s no way on Earth that Perez or Sandy will be convicted.
Failure to convict these two will be seen as vindication, and we’ll likely see non-conviction of most of the other officers who face trial.
Lewinski will be busy, busy, busy.
i watched mcginn confront him for awhile, but he is sooooo hard to look at. ‘Ghoul’ is just right. he’s not only busy, but quite well-off financially. one case earned him $55,000, i forget which. cripes, that he defended mehserle about blew the top of my head off.
i’d wondered when da Judge had dismissed the manslaughter charges, and said what he had, if that may not have been some misdirection, and he’d later pull the rug out from under us by allowing them to be tried on ‘aggravated assault’ or something. seriously, this is just ONE of the cases that would seem to be a goddam slam dunk. and yet…
i’ve given up typing ‘tamir rice’ into a search engine.
and another unarmed kid killed by kops in texas; and oh, does this story fail the whiff test.
Lewinski’s one of those military philosophers, probably trained by the zionist masters. A professional metric for these ghouls should be the ratio of civilian lives taken on their recommendation to vigilante-cop lives saved by them.
I bet he’s a big fan of “policing” via drone.
as far as who trains whom, the NYPD opened an office in kfar saba in 2102 and apparently their officers travel ….all over the world to demonstrate and teach their particular talents. i’d thought i’d remembered that they’d opened a new branch in tel aviv lately, but i can’t find it.
now the IDF played a major role in attempting to crunch the zapatistas, but it’s not hard to imagine that for any of these folks, drones won’t become the new K-9s, tasers, and rifles.
this’ll take care of his black street cred:
@brownblaze
Just hours after a protest by #BlackLivesMatter Seattle, @berniesanders hires young Black woman as press secretary: http://bzfd.it/1EhfaTr
Thanks for tracking this case. It seems we are going further down the rabbit hole.
Armed white men are not a threat and unarmed black peaceful demonstrators videoing arrests are. J Edgar would be so proud of the mindset he created with his popular book, Masters of Deceit. Interesting speculation about who his ghostwriter was.
Consider this.
President Barack Obama
Secretary of the Department of Homeland Security Jeh Johnson
Attorney General Loretta Lynch
Think there’s something rotten in the federal civil service on the law enforcement side? When high-profile appointees can’t change the way the system operates, there is serious internal resistance. Wonder if those Secret Service “Oopses” were not civil service pushbacks. Every single one of those high-profile leaders knows they are vulnerable. Like Henry Louis Gates was vulnerable.
The bigots are playing for keeps.
welcome, amigo, but by my reckoning, you’re looking too hard for reasons those Negroes you’ve named are ineffectual at best, complicit at worst (and that’s what I see). arne duncan? OMG. but oh, the list is soooo long.
oh, yes, miz lynch chastised the violence in Feguson this weekend *on both sides*, police included, but she took the job!
if obama cared one whit, he’d have replaced his cabinet with people who *might care* about black lives, rabble lives, civil rights, and economic justice. he’s a tool of wall street, and hopes his signature legacies will be: War Everlasting, the tpp, and tafta. i don’t see fear as any causative factor in his misrule. but i grant you, you are a far kinder, less cynical person than i am. ;-)
henry louis gates got his pbs show as recompense; too bad he lost it over covering up ben affleck’s slave-owning family legacy, eh?
of course i should have offered you to make your case against my…rather vehement rebuttal.
but knowing how you love FOP bigotries: ‘NYPD union introduces vagrant-shaming photos to address quality-of-life issues’
” The New York Police Department union has launched an effort to shame the city’s homeless population. The Sergeants Benevolent Association (SBA) is posting photos online of vagrants urinating in public and otherwise breaking quality-of-life laws.
In an email to union members, SBA President Ed Mullins urged off-duty officers to snap pictures of quality-of-life scofflaws to document what he calls “a city in decline.”
“As you travel about the city of New York, please utilize your smartphones to photograph the homeless lying in our streets, aggressive panhandlers, people urinating in public or engaging in open-air drug activity, and quality-of-life offenses of every type,” Mullins wrote in a letter quoted by several local news organizations.” etc.
yessir, creating their own ‘sense of propriety’ against any city council reformist laws to the contrary.
and good comments on kevin g’s ‘bernie’ post; i spent the afternoon writing an expanded discussion of all that jazz. ;-)
The bigots are indeed playing for keeps, and they have the upper hand.
Homelessness is demonized. The way you hear about Boyd from the prelim (on unexplained hiatus until the 17th) you’d think he had superhuman strength and a couple of samurai swords in each hand; and the media has been running his “ooga-booga” mugshot just to make the point clear. He was not only icky, he was dang dangerous!!! Eeeee! It’s a wonder anybody got out alive.
Homeless and mentally ill. Ergo, he needed killing, and Perez and Sandy did us all a favor. There was a time I can remember when that sort of thinking would simply not be expressed in public. Now, though, it’s become routine. And that’s going to be the centerpiece of the trial if there is one.
Blackness is criminalized and “weaponized” in much the same way. We see it over and over and over again in police killings of unarmed black men and women (and too often children). Over and over and over again. The police perception is that blackness is itself a weapon and black wielders of this weaponized blackness must be neutralized on sight. So it is. This wild-ass perception isn’t limited to black people, of course. Statistically American Indians are even more likely to be perceived as threats to be neutralized. But anyone not-white has a target on their back, and whites of a certain rabble-class also qualify for immediate neutralization should the opportunity arise.
(Side note: I’ve noticed that hispanic and anglo men of a certain age in my area are cutting off their pony tails that they used to be so proud of. I’ve wondered if it is because having one might make them targets to be neutralized on sight…. classed with druggies and drug dealers and such like….)
What then is to be done?
‘weaponized blackness’ perceptions; you do have a way with words, amigo.
yes, i believe you’re right that the trial (if any, even ‘assault’ or whatever) will center on his dangerousness and ‘how fast he could have killed an officer with those wee pocket knives’.
i hope that the men are cutting off their ponytails because they’re going bald on the crown, but if it’s the druggie theme you consider here, this is not an encouraging sign that the drug war is winding down, except for the fact that the requests are…entirely bogus..
The maximum either officer could face is 15 years in prison. Is this the first time an APD officer has been charged in connection to an officer-involved death?
welcome, efrain. as far as i remember, sandy and perez are the first, although checking the google cache brought both: ‘the first ever’ and ‘the first in 50 years’. but i’d go with never. ABQ has paid out many millions in wrongful death civil suits, and some cops have been fired.
the arraignment was supposed to have started on friday, so we’ll see.
i did find this retweeted by local mega-activist against police brutality and murders, david correia, UNM professor.
Correia doesn’t seem to grok the system he is trying to reform, that’s why he will fail just as those before him have.
The Police State is never truly defensive and doesn’t ‘resist’ public control or Liberal training nostrums, it boldly rejects all meaningful oversight and control only accepting, grudgingly, the PR BS designed to placate the noisy victims and their ‘Leaders’.
Blood Money is all the Ruling Class Parasites, who enable the Pigs, have to offer the victims and that bribe is paid by the rubes themselves, no budgets are cut or paycheck docked.
The Parasites and the Pigs are of one mind and have always rejected citizen control , especially in the barrio and ghetto. because they view that as ‘fraternizing with the enemy’.
i’m not convinced that either ‘citizen control’ or ‘black control of black neighborhoods’ would work to stop the violence. the blood money payouts only matter when citizens realize that the coffers are strained, and mut be replenished,,,by taxpayers.
i’m almost ready to post an end-of-summer batch of police stories, and have gotten stuck on how to present this. kevin gosztola asked people to weigh in on Operation Zero (was it on this thread we’d discussed it, or another one?) it smells exactly like ‘respectability politics’ to me, here are a few tweets i plucked out, minus one opinion that for cripes sake, they didn’t even demand all drugs be decriminalized.
https://twitter.com/politiquestions/status/635906921598349312
You’re probably right that community control won’t make much difference and the radical ideas of community operation or alternative modes of policing will not be allowed or even discussed.
There is a huge flaw in the radical alternatives offered to replace the Cops, who is going to populate these alternative systems of security for these communities?
There doesn’t seem to be a lot of support or enthusiasm for mass community involvement or the day to day dedication needed for Vigilance Committees or any other form of self protection or defense. White crime and exploitation are deeply engrained in these communities and it would take mass support and participation to break that dominance.
It’s probably presumptuous to expect Black or Brown people to rise above their conditioning, of being dependent on the State, while most of White society bows to authority.
.
chePasa often notes that he’s a police abolitionist, but what he sees i can’t really say. as for david, i will say that he and his fellow protestors engaged in civil disobedience for maybe a year, and by then some msm outlets began to pick up the stories, which often included the ‘scathing DOJ report on long time unconstitutional systemic brutality’, etc.
that of course, may have embarrassed the business-bottom-liners, and at some point, caused someone in power to say: ‘stop the killing’. iirc, there was a blue-on-blue case that may be in the process of charges being leveled, and county sheriffs killed a couple citizens recently, but as far as ‘burque, it’s been quite some time.
david covered the council meeting on ‘the new citizen oversight committee‘, and oh what a fail it is. advisory capacity. plus the doj liaison held closed one-on-one meetings with council members a couple months ago, breaking….er…all the rules. another author at la jicarita wrote an oped on it, as well. ‘the good, bad, and ugly’ of it, iirc. la jicarita, by the way, is shutting down, doggone it.
i had grabbed this link, and finally read it last night, mainly for the internal link to guns.com as a corroborating source. ‘Texas Town Fires Police Dept., Hires Private Citizens For Security — Guess What Happened to Crime?’, August 27, 2015
the SEAL author says they have no special rights, can be prosecuted for murder, etc. but it made me think of a line from a film i watched recently: ‘Yeah, they respect my badge. but when i hold out my 45 mag, well…they really respect that.’
anyhoo, i can’t say what you’ll think about this outfit, esp. with such scant information, but there was that one video i stuck in about a private police outfit that was dedicated to using guns as a last resort. dale someone. but then, i dunno about the downsides of their security, either.
I’m glad to see you are skeptical of this ‘Town of Sharpestown’ miracle, it’s bogus because there is no ‘town’ of Sharpestown, it is just a Burb of Houston that has the highest crime rate in the city. They did hire rent-a-cops to save some money on extra patrols from HPD and then they produced some questionable PR about crime reduction to improve their image.
The idea of replacing the Cops with mercenaries such as Blackwater/Xe might appeal to some sectors of society but calling that ‘Community Policing’ is a stretch.
Correia may help produce some mild superficial results with his activism and this crisis may keep him involved for some time. He may even receive some NGO awards but the urgency will soon fade and he will have to return to his first cause, attacking Gringo Environmentalists who took issue with the clear-cutting of forests in Northern NM that he and his comrades fought to promote as necessary economic development.
given those facts, then, it’s even more hilarious a con.
but this is so? ” his first cause, attacking Gringo Environmentalists who took issue with the clear-cutting of forests in Northern NM that he and his comrades fought to promote as necessary economic development.”
i’ll skip what you’d said about expelling the indigenous to facilitate extraction of some resource in ecudor or some place, but you may find the two not equatable, although i do. but it’s billed as an eco magazine for northern NM, iirc.
i will admit that i was disturbed to see david tweetin’ up a storm along with dineh klee benally, indicting those goddam hopi who had finally penned up some woman’s sheep, and calling people to arms! metaphorical arms, but still, it showed a total lack of understanding of the long history of the ‘navajo relocation program’,engineered by peabody coal. now it seems all of the local tribes are at least somewhat united in….fighting peabody and the power plants that ‘require’ that coal.
I read La Jicarita a few years before Correia became active in the police violence issue in Albq. and it is or was an ‘Environmental Politics’ Mag.
I agreed with some of their land use and economic concerns about the National Forests but some of his rhetoric seemed similar to what Cliven Bundy and his followers used a few years later. I think they won the battle and lost the war with the economic benefits of the logging not being realized, their sawmill shut down and the logs going to Albq for processing.
I don’t remember what I said about Ecuador but you must so it must be related somehow to these comments.
O, for a memory, it may even have concerned bolivia. but you said something to the effect that i might give (correia, evo?) a break, as they were such a poor nation, in need of funds. similar, but not the same as northern new mexico.
waaaay off-topic, but it was bothering me that i’d been stuck in the past concerning the diné having turned down gambling twice. i finally *saw* some of the news about it, and it was indeed on pulp paper, meaning that it came from the Navajo Times. once i saw that, it dated the info, given that our subscription ended long, long ago.
but what i also saw in my mind were a couple stories about some eco-warriors, perhaps diné, who’d been protesting and documenting clear-cutting on the rez, perhaps in the chuskas, which the council had approved. one or maybe two were found dead in their car, others simply vanished.
both the intercontinental cry and upside down world newsletters are replete with stories of the indigenous around the world fighting against the rape and destruction of their traditional lands, and how their own police states respond with mass arrests, killings, tear gas, etc. for me, it’s even more malign with evo, since he’s indigenous himself, and had conferred ‘the status of personhood’ on bolivia’s biosphere.
I may have tried to understand the ‘why’ whatever SA development, we were discussing, happened without necessarily supporting or advocating for it.
I’m not sure where any of the La Jicarita , Northern NM Hispanic, Land Grant conflict intersects with indigenous struggles here or abroad. Their ancestors stole their land from the Indians just as other white people did throughout the Americas. Their claims are based on Spanish Royal grants and the indigenous people were viewed as little more than chattel.
i need a do-over on this tomorrow, or soon as i can manage it. ‘real life is a beach, then ya die’ is too operative lately.
out of comment room, wayoutwest. yes, we spent time in truchas: ‘spanish’, not ‘chicano, latino’, etc.
dunno what the reason is, but he’s quite hooked into Red Nation, and is teaching a class on border violence and colonialism. it sounds intense.
I wish I could audit one of David’s courses, the discussions with younger people would hopefully be interesting.
I recalled your writing about your time in Truchas during those wild and crazy days, I only visited a few times, too much tension and too many outlaws for such a beautiful country.
i’d like to believe that if UNM policy allows it, david would. here’s one course:
as to your last paragraph: i couldn’t agree more. both rogue sheriffs and gringo outlaws. and the ‘spanish’ postmaster at Tafoya general store always opened our packages. ;-)