From the ABQ Journal:
“An Albuquerque police officer and a former detective will be arraigned on charges of second-degree murder and lesser offenses in the shooting death of James Boyd in the Sandia foothills in March 2014.
Pro Tem Judge Neil Candelaria said Tuesday afternoon that he found probable cause officer Dominique Perez and former Detective Keith Sandy committed a crime by shooting Boyd, a mentally ill homeless man.
Candelaria said the officers will be arraigned at a later date.
His ruling came after six days of testimony at a preliminary hearing where prosecutors showed the evidence they had against the officers.
Sandy and Perez, along with their attorneys, left the courtroom out of a back door that led to a gated parking lot. They didn’t answer questions from reporters who covered the hearing.
Candelaria announced his decision on whether or not the officers will stand trial at 1:30 p.m. The judge had previously asked people on both sides of the case to avoid in emotional outbursts in the courtroom.
In their closing arguments, defense attorneys said the case should come to a close today with the judge ruling there is no probable cause that Perez and Sandy committed a crime. They said the officers were following their training when they shot Boyd, a mentally ill homeless man, after a three-hour standoff in the Sandia foothills.
“How can the state prosecute an officer for murder when the officer was following his training?” Sam Bregman, Sandy’s attorney, said during closing.
Randi McGinn, a special prosecutor appointed to try the case, said the officers can’t claim they acted in self defense because they created the danger that led to the shooting.Perez and Sandy shot Boyd after a failed arrest attempt on a steep slope in an Albuquerque open space area east of Tramway, where he had been illegally camping and allegedly threatened two responding officers with knives.”
Earlier today via David Correia’s Twitter account:
Part I of my storify of the pre-trial hearing is here.
Rest in Power, James Boyd. Thank you Kari Brandenburg for bringing murder charges in police assassinations for the first time while in office over fourteen years; and thank you Randi McGinn for making a good case in what should have been a slam-dunk.
[Updated] 9/15/2015: Dominique Perez was booked Monday morning just after 8 a.m. on second-degree murder and aggravated assault with a deadly weapon charges.
Former officer Keith Sandy was booked Tuesday morning around 7:30 on second-degree murder and aggravated battery with great bodily harm charges.
Perez was released Monday and Sandy was released Tuesday. Each spent little time in jail.
Sandy listed his home address as the Albuquerque Police Officers Association, while Perez listed his as APD Main.
Monday, a judge set their trial dates for Aug. 15, 2016. The trial is expected to last three weeks. Sandy’s attorney said he will seek a change of venue for the trial, as the case has received major attention in the Albuquerque media market.
They both pleaded not guilty to the charges at their arraignment last Friday.
@OccupySantaFe Oct 27
‘Officer Perez fired from APD’ #JamesBoyd http://fb.me/4isM4vJQX