Homeless man shot to death by police while “illegally camping” in NM foothills

[mrjarrell]

Now, I'm curious how many who called for charges will also support the jury's decision at the end?

We're stuck with the jury's decision, whether it's right or wrong. Here's hoping the prosecutors office does a first class job and doesn't deliberately tank the case.

 

[mrjarrell]

Without following the Constitution's requirement of a grand jury I note.

Well, wait and see.

They don't need a grand jury in New Mexico.

Filing charges by “criminal information” is common in New Mexico but not for police. Charges by information allows prosecutors to use a process, authorized under New Mexico law, to charge a suspect without obtaining an indictment from a secret grand jury; a strategical move, seeing as it’s nearly impossible to obtain an indictment of a police officer using a grand jury.
District Attorney Kari Brandenburg’s filing will charge Sandy and Perez with open counts of murder. That means a trial jury could consider a range of charges from voluntary manslaughter, which carries a maximum sentence of six years in prison, to first-degree murder, which carries a potential life sentence, according to KRQE.

For the First Time Ever APD Cops Will Be Charged with Murder for Killing Someone | The Free Thought Project

 

[mrjarrell]

But I thought police weren't held accountable for their actions?

It's not always the case but it is all too often the case, as we have seen.

 

[Destro]

A jury will never see this dog and pony show

 

[T.Lex]

A jury will never see this dog and pony show

I don't know about that. It looks like a murder charge (either 1st or 2nd, which is interesting). Not much to plead it down to.

Rather, looks to me like a kind of line in the sand. A feeling of "they will either go for the whole thing or acquit."

More interesting will be if there's an election between now and the trial.

 

[Destro]

I don't know about that. It looks like a murder charge (either 1st or 2nd, which is interesting).

A judge will need to rule if there was probable cause first. You can file an information on about anything for anybody. Sounds like she has very shaky PC (hence why she didn't take it to a Grand Jury) and decided to put paper on them in retaliation.

If I were a prosecutor charging a police officer with murder and I had a case, no way I WOULDN'T take it to a GJ.

 

[T.Lex]

A judge will need to rule if there was probable cause first. You can file an information on about anything for anybody. Sounds like she has very shaky PC (hence why she didn't take it to a Grand Jury) and decided to put paper on them in retaliation.

If I were a prosecutor charging a police officer with murder and I had a case, no way I WOULDN'T take it to a GJ.

There are ethical rules about filing informations, but setting that aside, if I were a prosecutor, I'd probably take it to a GJ, too. (Every case is different, so I don't think a blanket always/never makes sense.)

But, there are other reasons not to. For one thing, if the prosecutor thinks the case should be brought, it is expensive and time consuming to take it to a GJ just for political cover. The elected prosecutor looks more leader-ish by just filing the information.

Plus, we've seen how GJs aren't necessarily a cure-all for public sentiment.

 

[Destro]

political cover

I believe it to be retaliatory prosecution, not political cover

 

[T.Lex]

Granted, I haven't followed every development of this story, but retaliation for what? Genuinely curious.

 

[rambone]

Missing video, strategic retirement, other shenanigans

During the investigation, it was revealed that Officer Keith Sandy was recorded discussing shooting James Boyd two hours before the fatal shooting took place. He referred to Mr. Boyd as a “f***ing lunatic” and contemptuously stated to a state trooper that he intended to shoot him with a shotgun.

In April 2014, during an internal investigation, Officer Sandy was questioned about the context of the recorded statement. Sandy was quoted as telling investigators: “Jokingly, just kind of locker room banter, just told him, you know, ‘Don’t worry. I’ll shoot him in the pecker with this and call it good.’”

True to his word, Officer Sandy ultimately fired the first shots. However, his rounds struck Mr. Boyd in the back — missing his pecker. Not surprisingly, the video from Officer Sandy’s lapel camera was found to be mysteriously absent.

Nonetheless, APD resisted all attempts to discipline the officers. Officer Dominique Perez remains employed on the Albuquerque Police Department and serves on the SWAT team (as of Jan. 2015).

Officer Keith Sandy was allowed to stay on the APD roles for eight months until he was “allowed to retire” in November 2014. The timing of the retirement was strategic on two fronts. The additional 8 months was enough for Sandy to surpass the 20-year mark, but was done just early enough to avoid the internal affairs investigation. Thus, Officer Sandy successfully avoided further obligatory interviews with internal affairs, but retired in good standing and now receives a pension of 70% of his salary.

 

[hornadylnl]

During the investigation, it was revealed that Officer Keith Sandy was recorded discussing shooting James Boyd two hours before the fatal shooting took place. He referred to Mr. Boyd as a “f***ing lunatic” and contemptuously stated to a state trooper that he intended to shoot him with a shotgun.

In April 2014, during an internal investigation, Officer Sandy was questioned about the context of the recorded statement. Sandy was quoted as telling investigators: “Jokingly, just kind of locker room banter, just told him, you know, ‘Don’t worry. I’ll shoot him in the pecker with this and call it good.’”

True to his word, Officer Sandy ultimately fired the first shots. However, his rounds struck Mr. Boyd in the back — missing his pecker. Not surprisingly, the video from Officer Sandy’s lapel camera was found to be mysteriously absent.

Nonetheless, APD resisted all attempts to discipline the officers. Officer Dominique Perez remains employed on the Albuquerque Police Department and serves on the SWAT team (as of Jan. 2015).

Officer Keith Sandy was allowed to stay on the APD roles for eight months until he was “allowed to retire” in November 2014. The timing of the retirement was strategic on two fronts. The additional 8 months was enough for Sandy to surpass the 20-year mark, but was done just early enough to avoid the internal affairs investigation. Thus, Officer Sandy successfully avoided further obligatory interviews with internal affairs, but retired in good standing and now receives a pension of 70% of his salary.

You're trying to reach a group that is waging war on types or groups of people. In the end, their side won so they're uninterested in how that victory came to be.

 

[Liberty Sanders]

Two of the cops involved in this have been charged with murder...NOT manslaughter...by the prosecutor.

There is still hope.

 

[Destro]

During the investigation, it was revealed that Officer Keith Sandy was recorded discussing shooting James Boyd two hours before the fatal shooting took place. He referred to Mr. Boyd as a “f***ing lunatic” and contemptuously stated to a state trooper that he intended to shoot him with a shotgun.

In April 2014, during an internal investigation, Officer Sandy was questioned about the context of the recorded statement. Sandy was quoted as telling investigators: “Jokingly, just kind of locker room banter, just told him, you know, ‘Don’t worry. I’ll shoot him in the pecker with this and call it good.’”

You claim

 

[rambone]

You claim

lol. Check out the four (4) news articles I posted.

 

[Destro]

lol. Check out the four (4) news articles I posted.

that revolve around a single disputed statement recorded on grainy audio? Hardly "rock solid"

 

[hornadylnl]

that revolve around a single disputed statement recorded on grainy audio? Hardly "rock solid"

Testimony from a drug addicted hooker is enough to put 3 people in prison but it takes a videotaped confession of Hollywood quality to bring charges against a cop.

http://news.yahoo.com/york-pay-brothers-17-million-wrongful-conviction-settlements-170007191.html

 

[JeffINGunner]

All we can hope for is that a murder one conviction takes place, and there are a couple of criminals swinging from a gallows for all to see..

 

[LockStocksAndBarrel]

I can hope for a speedy, fair trial.

 

[Kirk Freeman]

Just so we all know, the prosecutor is facing prosecution herself for allegedly obstructing justice in cases in which her son was a suspect.

It just sucks to be a cop--the community s**t magnets and political scapegoats.

District attorney: I never violated the law | New Mexico News - KOAT Home

 

[KG1]

Just so we all know, the prosecutor is facing prosecution herself for allegedly obstructing justice in cases in which her son was a suspect.

It just sucks to be a cop--the community s**t magnets and political scapegoats.

District attorney: I never violated the law | New Mexico News - KOAT Home

Sheesh..WTF is going on out there?