Shooting of James Boyd

Shooting of James Boyd
Date Sunday, March 16, 2014 (2014-03-16)
Location Sandia Mountains, Albuquerque, New Mexico, U.S.
Coordinates 35.080927, -106.482351
Also known as U Mound
Cause Gunshot wounds
Filmed by Albuquerque Police Department helmet camera belonging to Dominique Perez
Participants Keith Sandy and Dominique Perez (shooters)
James Boyd (victim)
Deaths James Boyd
Burial Boyd buried at Sandia Memory Gardens
Inquiries FBI, DOJ, OAG, DA, special prosecutor
Suspect(s) Keith Sandy and Dominique Perez
Charges Second-degree murder
Verdict Trial in progress
Litigation $1.75 million lawsuit by Boyd's family against APD settled for $5 million[1]

James Matthew Boyd was fatally shot by Albuquerque Police Department officers Keith Sandy and Dominique Perez on the evening of March 16, 2014, in the foothills of the Sandia Mountains near Albuquerque, New Mexico. A resident of a nearby subdivision called police at 3:28 p.m. to report that a man had been camping in the mountains behind his house for the past month. Two Open Space officers were the first to respond. They approached Boyd as he lay under a tarp or cover; he became irate and produced a knife.[2][3] After a five-hour standoff, Boyd was shot with a rifle as he was turning away from officers,[3] and was then fired on with a beanbag shotgun. He died early the next morning at the University of New Mexico Hospital of massive trauma after surgeons amputated an arm and removed part of a lung and his spleen in an effort to save his life.

The two police officers are charged with second-degree murder in his death.

Background

James Matthew "Abba" Boyd, 38, was homeless and police say he suffered from schizophrenia.[4] He had served time in the Bernalillo County Jail in Albuquerque and the Doña Ana County Jail in Las Cruces, New Mexico. He had also been transported to a mental health hospital at the University of New Mexico.[5]

The last lawyer to represent James Boyd, John McCall, says he had no doubt that his client was mentally ill. However, he said, the state mental hospital in Las Vegas, NM determined that he was not dangerous, and also that there was no treatment that would render him competent to stand trial, and therefore they released him. McCall said Boyd was creative but clearly delusional.[6] A cousin who remembers him fondly from visits to an aunt's farm, that let them both escape their families for a while, describes him as funny, sensitive and intelligent[7] Boyd's childhood slipped away from an alcoholic mother and a physically abusive father, into sexually abusive foster homes, by the time he was five. This greased the slope for his entry to the juvenile justice system at fifteen, where he remained for two years. He had barely turned 18 when he was arrested again, those charges were eventually dropped, but by then he had already tried to escape and spit jalapeño at a jailer's eyes. By the time his family got him a lawyer for the new charges he had already pled guilty and was waiting to be sentenced,[7] Boyd knew by then that he was mentally ill and asked at his mental health evaluation for probation, counseling and job training. But he was considered competent to stand trial and instead was sentenced to ten and a half years in jail, and all his appeals were denied. Todd Holmes, the Alamogordo lawyer who tried to prevent this, found himself defending Boyd again in 2001, when Boyd was arrested trying to get onto Holloman Air Force base, claiming was on a mission from Gerald Ford that involved national security. Boyd's mental deterioration in prison was evident to Holmes, and he says that it was after his release that Boyd began to identify as Abba Mobus Abadon, derived from God and the Hebrew word for a bottomless pit.[7]

In January 2002 Boyd was arrested breaking into the Las Cruces offices of the FBI,[7] and in 2005 for assault in downtown Albuquerque's Civic Plaza for telling a man "I am God and I want to hurt you."[8] Charges were dropped four months later. He was arrested again in 2007 for refusing to leave a fire station. He told firefighters he was a government agent and wanted to send them to hell. On arriving at the jail, he punched a corrections officer.[8] In 2009 he got into a fight at a homeless shelter and cut another man with a box cutter.[8] In 2010 staffers at the downtown library called police because Boyd was telling people he was God and frightening them. He broke the nose of the police officer who responded.[8]

At 1 a.m. on February 27, 2014. Alexander Thickstun, who lived at the base of the foothills below Boyd's campsite, heard his dogs barking "hysterically" in his backyard and went out to retrieve them. When he did, he heard yelling coming from the mountain above him. The neighbor testified he heard "Boyd yelling irrational things at another man in the middle of the night", including threats against the other man. The neighbor called police, but while they drove down his street, he did not think they went up to the campsite to investigate, he told a police dispatcher and an internal affair investigator on the night of the shooting.[9] Thickstun said he was "terrified".[10] The prosecutor, referring to that night, asked the neighbor why he didn't call the city's 311 line that night to try to offer help to Boyd, but instead called 911. "I feared for my safety so I did not want to just call 311 to donate something to him,", Thickstun said. "I don't want [Boyd] around my family; I don't want [Boyd] around my house."[11]

Shooting

Officers responded to the base of U Mound, the foothill area[12] where Boyd was camped in violation of park rules that require a permit for camping in City of Albuquerque Open Space areas.[13] Although he was quite close to the Sandia Mountain Wilderness in the Cibola National Forest, Boyd was within Albuquerque city limits and approximately a hundred yards from the home of a nearby resident who called police to report his presence there. Boyd produced two knives to the first two responding officers and threatened to kill them if they came near him. One of the Open Space officers, John McDaniel, testified that Boyd did not attack him, but did threaten him, telling him he was going to kill him and refusing to show his hands. Later, McDaniel said, Boyd displayed a knife when McDaniel and another officer moved to pat him down. They did not complete that search. [14] Additional officers responded. Crisis Intervention officer Brock Knipprath, who was at the scene, later testified at the preliminary hearing that Boyd would not negotiate and talked nonsense, and he considered this behavior a cue that someone might be mentally ill.[15]

Two hours before the shooting, officer Keith Sandy encountered New Mexico State Police Sargent Chris Ware on the street closest to Boyd's campsite. Sandy, who had once worked for the State Police, greeted Ware and Ware's dash cam continued to record as they spoke. Sandy told Ware that Boyd was "a fucking lunatic" and that Sandy planned to shoot Boyd's penis off.[14][16]

A total of 19 police officers eventually responded to the scene, from the Albuquerque Police Department, SWAT, the New Mexico State Police, and the Crisis Intervention Team. Some reputable reports say there were more than 40.[17] The standoff between Boyd and police forces lasted four to five hours, with Boyd making a variety of claims including he was on a mission with the Special Forces, could kill all of them with one phone call. He threatened any police who came near him. At one point, the Crisis Intervention Team was able to talk Boyd into surrendering, but as he was gathering his belongings he was instructed he could not bring his knives. Boyd stated "I have every right to bring my knives" and called the deal off.

The sun had set at 7:15, and Boyd was still not giving into police demands. At 7:24pm, police officers Keith Sandy and Dominique Perez, a K-9 Team officer, and a police K-9 approached Boyd's location preparing for a takedown. As Boyd saw them approaching, he gathered his belongings as if to leave. There appeared to be a chance he’d cooperate, according to video released by APD.[18] He said “All right, don’t change up the agreement. I’m going to try to walk with you.” Boyd picked up his backpack. There were no knives in his hands when an officer said “Do it!”[18]

Sandy threw a flash-bang grenade. He said when interviewed that he wanted to arrest Boyd by sunset to avoid the problems that darkness would bring. The police dog ran forward. Some people who have watched the video believe that the dog bit Boyd's hand. Police demanded Boyd drop the two camping knives he was carrying. In police camera video it appeared he was doing so. As Boyd appeared to drop the knives, two taser weapons were fired at him. One missed, and the other struck his loose sweatshirt and did not have any effect. The police dog moved in, accidentally stepped on one of the taser electrical leads and panicked.

Two officers then fired a total of six shots, as Boyd turned away from them. Bullets hit Boyd a total of three times — one in the back and one in each arm. Boyd was at least 10 feet away from the officers. Afterward, police released the police dog again on Boyd, and it bit his leg. Since he was still holding a knife they fired on his body with bean bag rounds before handcuffing him. The video clearly shows Boyd still holding a knife when officers walk up to him. As the video closes Boyd says "Please don't hurt me. I can't move." [19]

Boyd died early the next morning at the University of New Mexico Hospital.[20][21][22] [23][24][25][26]

According to questioning by the prosecutor at the preliminary hearing, Sandy and Perez weren't separated following the incident and weren't interviewed at all until two days later.[27]

Legal proceedings

The Albuquerque Police Department maintains that the shooting was justified. Police Chief Gordon Eden said at a press conference following the shooting that he believed it was justified: “Yes, if you follow case law, ‘Garner versus Tennessee’, there was directed threat to an officer.”[28] The FBI announced on March 28, 2014 that it would investigate the death.[29] The Bernalillo County District Attorney's Office also investigated Boyd's death. [25] [30]

Criminal charges

On January 12, 2015, the Bernalillo County District Attorney Kari Brandenburg charged Keith Sandy and Dominique Perez with murder. It will be decided if they will be charged with either first or second degree murder. A trial jury can choose to convict Sandy and Perez of either first or second-degree murder, which carry sentences of 30 years to life and 19 years minimum respectively, or voluntary manslaughter, which carries a maximum of seven years.[31][32][33]

Special Prosecutor

On January 12, 2015, Bernalillo County District Attorney Kari Brandenburg announced that she would file murder charges against Sandy and Perez.[34] Brandenburg was later disqualified by a District Court judge; APD had charged her with bribery and intimidation related to her son's legal problems, and the judge ruled that prosecuting the case herself would create the appearance of impropriety. Brandenburg heatedly denied wrongdoing[35] and State Attorney-General Hector Balderas concurred after he investigated, although he said she should have asked for a special prosecutor to avoid the appearance of impropriety. He also said that some police actions in the case appeared to be politically motivated.[36]

On April 16, Brandenburg named private attorney Randi McGinn special prosecutor for the case, saying that the Attorney General's office and thirteen other DA offices around the state had all declined to take the case for reasons of either budget or case load. McGinn, a civil-rights trial attorney who recently represented a plaintiff in a wrongful death suit against the city, will be paid $5,400—what a public defender would receive for a death penalty case. McGinn filed charges of second degree murder and manslaughter against the two officers.[37] At the preliminary hearing, District Court Judge Neil Candelaria dismissed the involuntary manslaughter charges, saying they were not appropriate in this case, which seemed "more of intentional and I haven’t heard much of anything unintentional.".[38] This was the least serious of the charges, and the officers still have to face trial on those that remain.[38]

On June 22, 2015, court paper filings showed McGinn will seek charges of second degree murder against Sandy and Perez. The filing also includes accusations of voluntary manslaughter, involuntary manslaughter, and aggravated assault. A preliminary hearing for the case began on August 3, 2015.[39] [40]

Wrongful Death Lawsuit

In June 2014, the brother of James Boyd, Andrew Jones, filed a lawsuit against the Albuquerque Police Department, claiming wrongful death. The lawsuit asked that various corrective actions be taken by the city and the police department, including better training for law enforcement officers in how to deal with individuals suffering from mental illness, requiring all officers be trained in crisis intervention, that anyone "subjected to force" during any encounter with the Albuquerque Police Department be given prompt medical attention, and that the city establish a fund called the "James Matthew Boyd Emergency Outreach Team" which would provide resources for local doctors and others to help people who are homeless and experiencing a mental health crisis.[41]

The lawsuit was settled in July 2015 for $5 million.[1]

Officers

One of the officers responsible for the shooting, Keith Sandy, faced criminal charges in 2007 for receiving payments from a private security contractor while working for the State Police. Then-Deputy Chief Mike Castro said Sandy would not be badged nor allowed to carry a gun.[42][43] That case against Officer Sandy was later dropped as no charges were filed against him. He joined the Repeat Offender Unit, considered an elite assignment. No video of the Boyd shooting was recovered from Sandy's camera.[44]

Albuquerque police officer Keith Sandy was allowed to retire from the Albuquerque Police Department in November 2014; however the investigation by APD internal affairs continued.[45]

Protests

A protest was held on March 25, 2014, in response to the shooting of James Boyd. Thousands of people marched through downtown Albuquerque and the Nob Hill area of the city.[46]

Police shot and killed Alfred Redwine later the same day, saying that he had fired a round. Witnesses said he only ever pointed the gun at his own head.[47] Other witnesses said the "gun" was a cellphone. His sister told police officers she was on the phone with her brother and he wanted to come out. A neighbor said he heard a man shout "Just do it!" the moment before shots were fired.[48] Redwine's death sparked another protest on the 30th, which stretched from noon into the night. Police did clash with demonstrators at this demonstration, eventually using teargas after, they said, some protesters threw rocks. As the FBI launched an investigation into Boyd's death, "graffiti splashed across downtown Albuquerque, declaring, “We are James Boyd,” said the Santa Fe New Mexican.[7]

On the three-month anniversary of Boyd's death, a group of people held a vigil at the campsite in his honor, singing Amazing Grace and vowing to improve the lives of the homeless and the mentally ill in Albuquerque.[49]

History of APD Police Shootings

Because of a long string of police shootings before this one, the United States Department of Justice had already initiated an investigation into the APD. On April 21 APD officer Jeremy Dear shot and killed 19-year-old Mary Hawkes as she ran away from him.[50] She was suspected of stealing a car.[51] Dear was fired for not turning on his camera and is appealing his termination.

City records show that between 2009 and 2014, Albuquerque Police Department officers were involved in 47 shootings. Deaths resulted from 32 of these. The Department of Justice reviewed 20 shootings from 2009-2010 and in its final report said that a majority of them were not constitutional.[52] Police Chief Gorden Eden attributed the situation to "systemic failure in our ability to track employee misconduct," and said that he believed "there are people on the force who shouldn't be on the force."[53] However, he said, because union rules make it difficult to discipline officers retroactively, "we may be stuck with them."[53]

Department of Justice Investigation

US DOJ released a scathing report on April 10, 2014 which said in part that "Albuquerque police officers often use deadly force in circumstances where there is no imminent threat of death or serious bodily harm to officers or others." It cited an incident in which officers Tasered a man who had poured gasoline on himself, setting him on fire.[52]

The report said that “Supervisors marked as ‘reasonable’ almost every use of force report form we saw,” and that officers were almost never reprimanded for failing to turn on their cameras. The report also cited a pattern of violence against people who were mentally ill or unable to comply due to their mental state, One developmentally disabled man was Tasered, kicked and beaten, yet never charged with any crime.[52]

History of wrongful death litigation

Civil lawsuits have cost the city 23 million dollars as it has lost wrongful death case after wrongful death case since 2010. This figure includes $7.95 million paid to the family of Kenneth Ellis, who was shot as he held a gun to his own head, and $900,000 to the family of Alan Gomez, an unarmed man shot with a spoon in his hand by Sean Wallace, who had previously shot two other men in the line of duty.[54] Wallace was not disciplined and has since been promoted to sergeant and elected to the police union board.[55] On October 1, 2014 Wallace received an award for outstanding service.[56]

See also

External links

References

  1. 1 2 Ryan Boetel (July 10, 2015). "City settles Boyd shooting case for $5 million". Albuquerque Journal. Retrieved August 24, 2015.
  2. ↑ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 0:15-1:37 in second embedded video, titled Foothills Shooting News Conference. Retrieved August 24, 2015.
  3. 1 2 Astrid Galvan (August 5, 2015). "Manslaughter charges dismissed against police in shooting". Associated Press. Retrieved August 24, 2015.
  4. ↑ Albuquerque police complete camper shooting probe "Albuquerque police complete camper shooting probe" Check |url= value (help). Associated Press. October 18, 2014. Retrieved August 24, 2014.
  5. ↑ Man killed in foothills had long criminal past, KOAT-TV
  6. ↑ http://www.abqjournal.com/376262/news/james-boyds-dark-journey.html
  7. 1 2 3 4 5 Patrick Malone; Daniel J. Chacón (April 5, 2014). "In death by police bullets, Boyd has become a cause". Sante Fe New Mexican. Retrieved August 24, 2015.
  8. 1 2 3 4 http://www.koat.com/news/10-years-of-james-boyd-a-look-into-his-turbulent-final-decade/26424790
  9. ↑ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 4:00 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  10. ↑ http://www.abqjournal.com/624169/news/defense-expert-says-no-evidence-boyd-was-surrendering.html
  11. ↑ http://www.krqe.com/2015/08/06/defense-expert-deadly-force-in-james-boyd-case/reasonable/
  12. ↑ Dan McKay (March 22, 2014). "Video: Camper turning from officers when shot". Albuquerque Journal. 3:15 in third embedded video titled 911 Calls Foothills. Retrieved August 24, 2015.
  13. ↑ https://www.cabq.gov/parksandrecreation/resources-rules/usage-rules-and-etiquette/recreation-rules
  14. 1 2 http://www.koat.com/news/james-boyd-case-chief-eden-to-testify-monday/34504164
  15. ↑ http://krqe.com/2015/08/03/hearing-set-for-albuquerque-officers-charged-with-murder/
  16. ↑ APD officer makes remark about shooting James Boyd, KOB4
  17. ↑ http://krqe.com/2014/10/07/boyd-shooter-welcome-to-rop-mistakes-now-cease-to-exist/
  18. 1 2 http://www.abqjournal.com/372844/news/video-camper-turning-away.html
  19. ↑ Nigel Duara (January 12, 2015). "Murder charges pursued in Albuquerque police shooting of homeless man". Los Angeles Times. Retrieved August 24, 2015.
  20. ↑ "What is going on in Albuquerque? Your guide to the police shooting protest". Washington Post.
  21. ↑ "U.S. Fatal shooting of homeless man prompts outrage at Albuquerque police". Al Jazeera.
  22. ↑ Dan McKay (March 22, 2014). "March 21, 2014". Retrieved March 31, 2014.
  23. ↑ Doug Fernandez (Mar 24, 2014). "Background released on officers involved in foothills shooting". Retrieved March 31, 2014.
  24. ↑ Lee Moran (March 24, 2014). "Cops gun down homeless man for illegally camping in shocking helmet-cam footage". Retrieved March 31, 2014.
  25. 1 2 Sebastian Murdock (March 24, 2014). "Police Shoot Homeless Man During Camping Arrest". Huffington Post. Retrieved March 31, 2014.
  26. ↑ http://www.koat.com/news/lawyer-scene-prior-to-james-boyd-shooting-obviously-a-disaster/26427020, KOAT
  27. ↑ krqe.com/2015/08/05/day-3-more-testimonies-to-come-in-hearing-for-officers-in-james-boyd-murder-case/
  28. ↑ http://krqe.com/2014/03/21/apd-officer-involved-shooting-was-justified/
  29. ↑ http://krqe.com/2014/03/28/fbi-opens-investigation-into-foothills-shooting/
  30. ↑ Albuquerque, N.M., police fatally shot homeless man three times, once in back: autopsy report, NY Daily News, May 29, 2014.
  31. ↑ DA to seek murder charges in James Boyd shooting, Albuquerque Journal
  32. ↑ Officers face murder charges in 2014 Albuquerque shooting, CNN, January 12, 2015.
  33. ↑ Judge in Boyd case decides several options, Albuquerque Journal, January 14, 2015.
  34. ↑ , January 1, 2015.
  35. ↑ http://www.santafenewmexican.com/news/local_news/da-denies-wrongdoing-in-bribery-investigation/article_e631047a-9b0e-5c3f-835b-a587e47a0bfd.html
  36. ↑ http://www.nmag.gov/uploads/PressRelease/48737699ae174b30ac51a7eb286e661f/Attorney_General_Hector_Balderas_Statement_on_Kari_Brandenburg_Investigation.pdf
  37. ↑ http://www.koat.com/news/watch-live-da-to-discuss-james-boyd-murder-case/32399476A
  38. 1 2 Rush, Haley (5 August 2015). [krqe.com/2015/08/05/day-3-more-testimonies-to-come-in-hearing-for-officers-in-james-boyd-murder-case/ "Involuntary manslaughter charges dismissed in James Boyd murder case"] Check |url= value (help). krqe.com. Retrieved 24 August 2015.
  39. ↑ Two Albuquerque officers face second-degree murder charges, Reuters, June 22, 2015.
  40. ↑ Larkin, Nancy.2nd degree murder charges sought in Boyd shooting, KOAT, June 22, 2015.
  41. ↑ Family of James Boyd files wrongful death lawsuit, KOB4
  42. ↑ Jeff Proctor and Katie Kim (March 25, 2014). "Cop involved in Sunday shooting had rocky past, performance at APD". krqe.com. Retrieved March 31, 2014.
  43. ↑ Doug Fernandez (Mar 24, 2014). "Background released on officers involved in foothills shooting". KAOT 7 ABC. Retrieved March 31, 2014.
  44. ↑ http://krqe.com/2014/06/11/apd-no-video-recovered-from-officer-in-boyd-shooting/
  45. ↑ Ruiz, Regina (2014-11-19). "James Boyd shooting: Retiring officer must participate in investigation". KOAT 7.
  46. ↑ Nicole Perez (March 26, 2014). "Hundreds protest police shooting of homeless man". Albuquerque Journal. Retrieved March 31, 2014.
  47. ↑ Berman, Mark (31 March 2014). "What is going on in Albuquerque?". washingtonpost.com. Retrieved 24 August 2015.
  48. ↑ Lohmann, Mark (26 March 2014). "APD offers details on latest officer-involved shooting". abqjournal.com. Retrieved 24 August 2015.
  49. ↑ Thoren, Laura (June 16, 2014). "Andrew Boyd: James chose to be homeless". Retrieved August 24, 2015.
  50. ↑ http://www.cbsnews.com/news/albuquerque-police-fatally-shoot-19-year-old-woman/
  51. ↑ http://www.koat.com/news/police-activity-closes-zuni-at-wyoming/25581132
  52. 1 2 3 Berman, Mark (10 April 2014). "Albuquerque police are reckless, use excessive force, Justice Dept. report says". Washingtonpost.com. Retrieved 24 August 2015.
  53. 1 2 Johnson, Kevin (10 September 2014). "Before Ferguson, there was Albuquerque". usatoday.com. Retrieved 24 August 2015. ...a local law enforcement agency with a stunningly violent reputation.
  54. ↑ http://www.abqjournal.com/apd-under-fire#cost
  55. ↑ http://krqe.com/2014/10/16/abq-police-union-board-includes-controversial-cops/
  56. ↑ http://www.koat.com/news/apd-sean-wallace-awarded/28366076
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