Albuquerque Cops Who Killed James Boyd Charged With Murder; Had "Duty" to Kill Boyd Defense Says

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The district attorney in Albuquerque has charged two police officers on single counts of open murder—meaning they don't know yet what degree of killing the state intends to prove at trial—in connection with the killing of homeless camper James Boyd, caught on body camera last April. The killing led to some of the first anti-police brutality protests of the year last year. The two cops charged are Dominique Perez, a member of the Albuquerque Police Department (APD) SWAT team, and former detective Keith Sandy, caught on dashboard cam earlier that day saying he'd shoot Boyd in the penis. He was allowed to retire last year.

The cops' attorneys released statements ahead of a press conference by the district attorney expected later today. Via KRQE:

In a statement sent Monday morning, Sandy's attorney Sam Bregman claimed the charges are unjustified and that Sandy, "had not only the right, but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives. Keith did nothing wrong. To the contrary, he followed his training and probably saved his fellow officer's life." Bregman did not specify which of the four other officers who were confronting Boyd at the end of a four-hour standoff was saved.

The attorney for Perez, Luis Robles, also pointed to the judgement calls police officers make during critical moments. He told News 13 in a statement, "This is truly a shame. Throughout his career, Officer Perez has been called upon to make life-altering decisions while protecting Albuquerque citizens and his fellow officers. And having made one of those decisions, Officer Perez now faces an open count of murder. Regardless, I am confident that the facts will vindicate Officer Perez's actions in this case."

The FBI is also investigating the fatal shooting. After a review last year found probable cause for a pattern of civil rights abuses at the APD the Department of Justice appointed a federal monitor to negotiate policy reforms with the APD and the city.

Comments

[Francisco d'Anconia]

Thank Christ! It's about time!

[Andrew S.]

Occasional indictments are thrown out there to appease the masses.

What'll shock me is if either of them is convicted of anything substantive.

[Cytotoxic]

I thought bringing charges meant they are past seeking indictments?

[Andrew S.]

May have worded it a bit awkwardly.

We've seen a few indictments of officers for on-duty shootings in the past. They'll appease the masses, and an indictment here doesn't shock me.

What will shock me, however, is if either of them is convicted of anything substantive. See: Thomas, Kelly.

[Almanian!]

"Indict men? I hardly KNEW those men!"

/kinda works?

[jay_dubya]

could be; better an indictment than no indictment.

[MJGreen]

BOOYA!

We are WINNING

[Cytotoxic]

The defines attorney's statements are horrifying and I don't hold that against them at all. It's basically their job, and if they don't demonstrate 100% fidelity to the Blue Line I think it could lead to problems for them in the future.

[Fist of Etiquette]

...had not only the right, but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives.

That's the definition of heroism. Shooting those you're sworn to protect and serve on the off chance you or your fellow protectors might not go home safe.

I foresee a first degree murder charge for the would-be penis-shooter. They could never get a conviction for that.

[Episiarch]

"Don't worry, we'll just overcharge you and the jury will fail to convict because the charge is ridiculous. Stupid peasants."

[John]

I don't think they overcharged him. But you are right, that is what is likely to happen. If the defense has the guts to not put manslaughter as an option, the jurors will likely conclude "he was just a homeless bum and the poor cops have a tough job and just fucked up here" and let them off.

These assholes will get no worse than manslaughter and I would be surprised if they get that.

[MSimon]

"These assholes will get no worse than manslaughter and I would be surprised if they get that."

And they will be sentenced to time served.

[DrGonzoAtNight]

I guess it would be a small victory if these guys are never allowed to work in law enforcement again, which I would assume will happen even if they get off.

[Almanian!]

he followed his training and probably saved his fellow officer's life

That's like a Cloak of Shielding, or something, that renders all actions "Otay!"

"followed his training" + "saved his fellow occifer's life" = IMMUNE, BIOTCHES

I'm seeing a "NOT GUILT!!" in the future...

[Raston Bot]

I'm confident the DA will phone it in.

[Francisco d'Anconia]

This was, quite simply, murder.

He was picking up his shit and complying when Pig 1 shoots the flash bang, at which point the victim defends himself by pulling a knife. He never even comes at the officers involved.

AND THEN he obviously is attempting to comply with Pig 2/3s instructions to get on the ground when they open up.

Furthermore, are there no non-lethal means of apprehending a guy with a knife other than killing him? Isn't that why these fuckers have tasers? What a bunch of cowardly fucks.

[John]

If it wasn't obviously and undeniably murder, there wouldn't be any charges. The only time cops are charged with murder is when the evidence is so overwhelming that there is no way to cover it up or deny it.

Then of course they are convicted of manslaughter and given a couple of years in prison for what is obviously first degree murder and for which justice demanded much more.

My guess is these guys will get convicted of some form of manslaughter and get a couple of years in prison similar to the cop in Culpepper, Virginia who murdered the Sunday school teacher in cold blood. Considering the nature of the victim here, they might not even get that. This might end in a hung jury or some kind of plea to reckless endangerment followed by a suspended sentence and an agreement to strike the conviction from their records if they stay out of trouble for ten years.

Call me cynical.

[junyo]

He could've thrown the knives. Or rushed them. Or been hopped uo on angel weed bath dust salts, and we all know that gives poor people super human strength.

IT WAS A GOOD SHOOT! If you don't want to get shot, comply.

Literally, a bunch of dudes with a dog and rifles facing one guy who's illegally motherfucking camping. Thank God they were there to protect us from that. Heroes, every fucking one.

Question for my fellow cop suckers; how do you get the taste of jizz out of your mouth?

[John]

God fucking forbid they didn't just tell him "hey, you can't camp here, move on" and left him alone and then maybe done something about it if he was still there the next day. No. They had to immediately go for the flash bangs and kill him.

[Episiarch]

Comply or die, John. More and more that's the bottom line. Running away? It's totally nonthreatening, but non-compliant. So, shoot in back. And so on.

[Almanian!]

OT: "Bill Ford, Jr. 'Not Heartbroken' Over Cowboys' Loss"

Detroit Lions vice chairman Bill Ford Jr. still hasn't gotten over the team's playoff loss to the Dallas Cowboys on a controversial pass interference call that was rescinded.

"I'm still getting over that. I don't think I'll ever really will," Ford told WJR Radio this morning before Ford Motor Co.'s press conference at the North American International Auto Show. "That was a tough one."

Ford was asked by reporters about the Cowboys loss that followed a controversial ruling that the Cowboys didn't complete a pass in a playoff game against the Green Bay Packers.

"I wasn't heartbroken," Ford said.

http://www.detroitnews.com/sto...../21625551/

[Andrew S.]

Bad rule, good call. And even if it was a bad call, fuck the Cowboys.

[MSimon]

And Chris Christie.

[Francisco d'Anconia]

"I'm still getting over that. I don't think I'll ever really will,"

It's 911 times 1000.

[Acosmist]

The Lions call was bullshit and the Cowboys one was legit. So of course they're being equated. Fuck everyone.

[John]

The Lions no call was appalling. The Cowboys player never played the ball. He wasn't looking back. That is textbook interference. And for it not only not to be called but also for the flag to be picked up is a new low in professional officiating in any sport.

[Overt]

I agree it was a bad no-call, but so fucking what? If Detroit hadn't continued to suck on passes, or then proceed to shank kick a punt, it wouldn't have meant anything because they would have won anyways.

Detroit didn't lose that game because of that penalty.

[DrGonzoAtNight]

Who cares?

[SugarFree]

That'll teach them not to erase their helmet cams.

[Cytotoxic]

If they get off scot-free it will actually teach them that.

[Almanian!]

"And we'd have gotten away with it, too....if...."

[Riesen]

Throughout his career, Officer Perez has been called upon to make life-altering decisions while protecting Albuquerque citizens and his fellow officers.

As sarcasmic often says, the public is everyone but you, and we are protecting them from you, by killing you.

[Cytotoxic]

Well he certainly altered the hell out of that homeless guy's life.

[Bobarian (Mr. Xtreme)]

Throughout his career, Officer Perez has been called upon to make life-alteringending decisions while protect threatening Albuquerque citizens and protecting his fellow officers.

More factually correct?

[Anonymous Coward]

Bregman did not specify which of the four other officers who were confronting Boyd at the end of a four-hour standoff was saved.

He saved his fellow officers from having a peasant step on their shadows, which is the height of disrespecting an officer, even worse than making eyecontact without permission.

[MSimon]

I was hoping for a "furtive movement" defense.

[woodNfish]

"Keith Sandy, caught on dashboard cam earlier that day saying he'd shoot Boyd in the penis. He was allowed to retire last year."

This is typical. Cops commit a large number of the crimes in this country and they are rarely taken to account.