Bernalillo County District Attorney Raul Torrez says he’s done waiting for a so-called “DA panel” to determine whether the Albuquerque police officer who killed 19-year-old Mary Hawkes in 2014 should be prosecuted. Instead, the first-term, Democratic DA in New Mexico’s most populous district wants the state’s highest-ranking law enforcement officer to decide. He has referred the case to state Attorney General Hector Balderas, according to a letter he sent to the Hawkes family’s legal team, which was obtained by New Mexico In Depth and the Santa Fe Reporter on Friday.
And according to the letter, the Hawkes case is just the first. Going forward, he intends to refer all police shooting cases to the AG for a second look if his special prosecutors return recommendations that no charges be filed against the shooting officer. Not so fast, says Matt Baca, Balderas’ spokesman and general counsel.
The scope of an ongoing federal criminal investigation into events surrounding the fatal shooting of a 19-year-old woman by an Albuquerque police officer in 2014 stretches beyond what has been previously reported. That’s according to the lead investigator for the city’s independent police watchdog group. Department of Justice officials took the rare step last month of confirming an investigation into allegations made by a whistleblower that APD employees tampered with video from officers’ body cameras and other sources, including video from the early morning hours of April 21, 2014, when then-APD officer Jeremy Dear shot Mary Hawkes. But Ed Harness, executive director of the Civilian Police Oversight Agency (CPOA), said in an interview that federal authorities are “looking into the entire case,” including whether the shooting itself was unlawful. In a series of presentations to Justice Department officials in early November, Harness and one of his investigators turned over information they had gathered during an administrative review of the shooting.
Federal officials on Thursday said they are conducting a criminal investigation of allegations that Albuquerque Police Department employees altered and deleted body camera video. The Department of Justice has received “several requests” seeking a criminal probe, Elizabeth Martinez, a spokeswoman for the U.S. Attorney’s Office in Albuquerque, said in an emailed response to questions from New Mexico In Depth. “The Justice Department will decline to comment further due to its ongoing investigation into this matter,” Martinez wrote in a rare public confirmation of a federal criminal investigation. APD referred a reporter to Mayor Richard Berry’s spokeswoman for comment. She did not immediately respond.
Mayor Richard Berry’s administration says it will bring in an independent investigator to review allegations that city police employees tampered with videos from police shooting cases. The announcement Tuesday afternoon comes less than 24 hours after City Attorney Jessica Hernandez told city councilors that her staff and APD already were investigating the claims and that an outside review would not be necessary. Councilor Pat Davis* said at Monday night’s Council meeting — and again in a letter to Hernandez sent Tuesday morning — that he wanted the probe handed off to someone outside city government. Davis wrote that “establishing public trust in the outcome of this investigation is critical” especially given the serious implications of the cases. “And that must be accomplished without delay,” according to the letter.
Kari Brandenburg, the outgoing Bernalillo County district attorney, said Monday a federal “criminal investigation is absolutely warranted” into allegations that Albuquerque Police Department employees have tampered with videos that show police shootings. Brandenburg said Monday in a telephone interview she is sending documentation detailing the allegations to the U.S. Attorney’s Office in Albuquerque. This story originally appeared at New Mexico In Depth and is reprinted with permission. A spokeswoman for the U.S. Attorney’s office would not say Monday whether the agency planned to open an inquiry based on the district attorney’s referral. But spokeswoman Elizabeth Martinez wrote in an email “the Justice Department takes seriously all referrals from state and local prosecutorial authorities.”
Reynaldo Chavez, the police department’s former records supervisor, swore out an affidavit as part of an ongoing civil right rights lawsuit against APD in which he alleged that department employees had altered or deleted videos showing the events surrounding two controversial shootings by officers in 2014.
Albuquerque Police Department officials have altered and, in some cases, deleted videos that showed several controversial incidents, including at least two police shootings, the department’s former records supervisor has alleged in a sworn affidavit. Three officers’ body camera videos that captured events surrounding the fatal shooting of 19-year-old suspected car thief Mary Hawkes in April 2014 were either altered or partially deleted, according to former APD employee Reynaldo Chavez’s nine-page affidavit. Also alleged is that surveillance camera video from a salon showing APD officers shooting Jeremy Robertson, a law enforcement informant and suspected probation violator, in June 2014 bore “the tell-tale signs that it has been altered and images that had been captured are now deleted. One of the deleted images captured the officers shooting Jeremy Robertson.”
This piece originally appeared at NM In Depth and is reprinted at NM Political Report with permission. Chavez also said that ‘SD cards’ from cameras were easy to make disappear, and that he witnessed Assistant Chief Robert Huntsman say ‘we can make this disappear’ when discussing a particular police camera with an SD card in it, according the affidavit.
“I’m going to invoke my Fifth Amendment right.”
Former Albuquerque police officer Jeremy Dear uttered that phrase — and others very much like it — more than 130 times on Tuesday as he was being deposed by an attorney for the family of a 19-year-old young woman Dear fatally shot in April 2014. Shannon Kennedy, whose law firm represents the family of shooting victim Mary Hawkes in a federal civil rights lawsuit, asked Dear a wide range of questions about his history at APD, the shooting, his behavior in its aftermath and other matters. This piece originally appeared at NM In Depth and is reprinted at NM Political Report with permission. He didn’t answer any of them. Kennedy’s firm has litigated dozens of police shooting cases over the course of decades.