In Stark Contrast, Albuguerque Cops Charged with Murder of Homeless Man

[Stuart G]

Source: Talking Points Memo

By RUSSELL CONTRERAS Published January 12, 2015, 2:54 PM EST

ALBUQUERQUE, N.M. (AP) — Two Albuquerque police officers were charged with murder in the March killing of a homeless camper, a shooting that generated sometimes violent protests around the city and sparked a federal investigation into a police force that has been found to use excessive force.


SWAT team member Dominique Perez and former Detective Keith Sandy will each face a single count of open murder in the death of 38-year-old James Boyd, Second District Attorney Kari Brandenburg said Monday. Open murder allows prosecutors to pursue either first-degree or second-degree murder charges.

Police said Perez and Sandy fatally shot Boyd, who was holding two knives, during an hourslong standoff in the foothills of the Sandia Mountains. Video from an officer's helmet camera showed Boyd, who authorities say had struggled with mental illness, appearing to surrender when officers opened fire.

The case is a departure after grand juries declined to charge officers in the shooting death of unarmed 18-year-old in Ferguson, Missouri, and the chokehold killing of another unarmed man in New York City.


Read more: http://talkingpointsmemo.com/news/albuquerque-cops-charged-murder-homeless-man

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Here is another link about this story and the DA's plans to bring these charges.

posted by... kpete

http://www.democraticunderground.com/1014986574

[randys1]

1. I was about to say surely these cops arent white...but one of them appears to be, not sure

What is different about this case, why are these cops being charged when we know cops ALMOST never get charged?

Is it the DA in that area?

[Stuart G]

2. I do not know.

Certainly the DA had a lot to do with this. There are other more complete stories about this DA in DU presently. This story is that these cops were indeed charged. They will stand trial.

[George II]

6. Only half of the NYPD officers are white, yet the NYPD still gets raked over the coals as being....

....racist. Go figure.

[randys1]

7. NYPD is rabidly racist, the white ones that is.

But then so are most american white cops, so no reason to pick on NYPD, yes.

[KamaAina]

8. Take a look at the deceased

That's what is different about this case.

[BumRushDaShow]

10. "why are these cops being charged"

Because the person they killed was white and one of the cops was apparently hispanic.



(pic from here - http://morallowground.com/2014/03/26/albuquerque-police-under-fire-for-killing-homeless-camper-james-boyd/)

I remember watching that terrible video too....

There is no "stark contrast" in this case but basically a par for the course with an expected outcome. Any person of color, be it cop or victim of cop, will be charged with something.

Case in point - the Sean Bell murder in New York. The white cop that fired the most bullets (31) was permitted to resign with pension and benefits whereas the black (Haitian/Mexican-descended) cop who shot first (11 bullets) was fired. The others who shot into the car were also drummed out but with pensions/benefits (including one black).

http://www.huffingtonpost.com/2012/03/24/sean-bell-killing-nypd-gescard-isnora-ray-kelly-fired-resigned_n_1377144.html
http://nypost.com/2013/11/30/former-cops-still-reeling-7-years-after-sean-bell-horror/

[randys1]

16. Figures...America is such a rabidly and viciously racist country

[okaawhatever]

14. The Alb PD was already under a DOJ "pattern or practice" agreement. The DOJ investigation found

violations of use of deadly force that happened before this incident, so Albequerque had to act. Some background (from Wiki, with credible sources).

In November 2012, a union-sponsored survey of Albuquerque police officers found that all but three of the 456 departmental personnel who responded to the questionnaire characterized departmental morale as "low," with 18-percent saying the U.S. Department of Justice should be called on to initiate an inquiry into the department.[16] The same month, the United States Department of Justice launched a civil investigation of the Albuquerque Police Department.[17][18] According to that investigation, the APD engaged "in a pattern or practice of violating residents' Fourth Amendment rights" and of using deadly force "in an unconstitutional manner" and called for an extensive series of reforms.[19] While some in the New Mexico legislature called the report an indicator that change in the department was needed, state senator Lisa Torraco said local prosecutors should also be held accountable for failing to provide proper oversight of the department, explaining her view that district attorney Kari Brandenburg was "the root of the problem."[20]

SNIP

In February 2014, Gorden Eden was selected to replace chief Ray Schultz who had stepped down due to ongoing controversy.[22][23] The following month, a group of approximately 300 Albuquerque residents protested against police in a tumultuous demonstration that ended with the deployment of tear gas and scattered clashes between police and protesters. Mayor Richard Berry said the protest had been sidelined by a smaller group within the larger demonstration that was determined to create havoc.[24][25] A counter-protest the following week drew a crowd of several hundred in support of the police.[26]

[RKP5637]

3. That, was a total WTF! They just showed the murder of him on TV here tonight. WTF is

wrong with cops like this. Just open season on anything that moves. Hope these guys serve life with the general population.

[Stuart G]

4. Sadly, it has been this way, in many places, for a while.

Some cops seem to have a real license to kill

[RKP5637]

5. I had to deal with some cops today. Why do they

always have to act like such flaming assholes is beyond me.

[JonLP24]

12. I understand it is unfair to generalize

but this is something that is near universe. I can't figure out, one asked useless questions like "I don't understand why you carry a phone when you don't know the number." after I answered the what is your phone number question "I don't know it but I have a new phone here, it is likely in the settings if you'll allow me to find it." I explained it was new which prompted him to ask the same question.

That same cop said when another cop arrived was selling me the "bad cop" angle not sure why since wouldn't there have to be a "good cop" in this scenario? He stood there sun glasses kinda intimidating just looking he actually wasn't an asshole probably because I was quicker to shut the F up with him, where he would respond "you have rights.." in a trying to be my friend tone.

I mean I could understand if it worked to catch crooks and maybe it does in some instances but there are many instances where people call to report a crime which begins with the cop showing up & interrogating the person who made the call. What sense does that make? Also information is key to a police officer's job, treating people with kind of rude behavior most criminals have enough common sense & respect to rarely try, much less in a controlling, intimidating, kind of way.

I'm not even going into the assholes that are just assholes or get a kick for a little mental torture on someone who is vulnerable or mentally ill who would unlikely be believed even if they did tell someone. That is a special kind of asshole.

[JonLP24]

9. The fact they face murder charges over firing their weapon

in a documented police encounter. I was expected something like a murder they covered up poorly or a revenge type of thing over a citizen they didn't like. Murder charges over that wouldn't surprise me but murder charges over this, does.

It'll be very interesting to see how this plays out in court but not aware of a murder charge for any other encounter that is roughly similar or one that was logged (impossible to say they didn't fire a bullet). Worst was something like manslaughter who the judge reduced and is back on the force.

[duhneece]

11. Only after too many of these unjustified murders

"Under a settlement agreement announced Friday by the Justice Department, federal officials will appoint an independent monitor to oversee the Albuquerque Police Department as it implements sweeping reforms to change how its officers use force...
The move comes nearly seven months after federal officials released a damning report that found Albuquerque police have used deadly force more often than necessary, resulting in a series of unjustified fatal shootings...
ince 2010, Albuquerque police officers have shot 37 people, 27 of them fatally. The shootings are what prompted the Justice Department to open its investigation..."





http://www.latimes.com/nation/la-na-albuquerque-police-20141031-story.html

[drray23]

13. thats a good start.

The real test will be whether they are found guilty or not.

[FLPanhandle]

15. Murder charge means they will likely be found "Not Guilty"

Easy Manslaughter conviction.

Sometimes I wonder if DA's over-charge just to ensure the trial tanks.