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.
In the late afternoon of August 30, 2017, Jessica Lowther was on the phone with her husband, Adam. Recently back from a routine business trip, Adam called to say he was headed home from work and would take their two young children to their taekwondo lessons. During that call, Jessica answered a knock on her front door. A handful of Bernalillo County Sheriff’s officers and at least one investigator from the Children Youth and Families Department stood at her door. A female officer said they needed to do a welfare check on the two Lowther children.
Legislators are pressing ahead with a slate of gun control bills that would require background checks for virtually all firearm sales and add to the categories of offenders who would be prohibited from possessing a gun at all. Proponents argue these bills will close loopholes and help keep guns out of the hands of those who have committed violent crimes or are in crisis. But critics argue the laws will prove unenforceable, ineffective and will undermine the right to bear arms.
The measures come with a sense of urgency after mass shootings around the country and in New Mexico have spurred calls for tighter limits on obtaining firearms.
But even with Democrats holding a 46-24 majority in the House, any major gun control measures will face opposition as well as wary moderates. In turn, Democrats are focusing on a few sets of policies they argue are effective enough to win support for finally passing a bill after years of watching legislation be watered down or blocked altogether. Instead of calling for bans on so-called bump stocks or high-capacity magazines, lawmakers so far are focusing on expanding background checks and tightening limits on the rights of domestic violence offenders to possess guns.
ByJustin Horwath and Jeff Proctor, New Mexico In Depth and the Santa Fe Reporter |
Assistant District Attorney Joshua Boone wanted to reassure his boss. A political blogger was raising questions in early February about why the DA’s office had agreed to plead Ryan Flynn’s aggravated DWI charge, leveled after a May 20, 2017 traffic stop, down to careless driving. Flynn, one of the state’s most influential powerbrokers, was Gov. Susana Martinez’ former Environment Department secretary, and now heads up the New Mexico Oil and Gas Association. This story originally appeared in the Santa Fe Reporter and New Mexico In Depth and is reprinted with permission. In a Feb.
ByJustin Horwath and Jeff Proctor, New Mexico In Depth and the Santa Fe Reporter |
Just after midnight on May 20, Albuquerque Police Officer Joshua Montaño saw a luxury sedan veer into a turn bay blocked off by bright orange traffic barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Montaño flipped on his emergency police lights and the 2004 Infiniti stopped in the parking lot of the Marriott Pyramid, a high-end hotel in Northeast Albuquerque. A veteran DWI cop who has conducted hundreds of drunken driving investigations, Montaño approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The Infiniti’s driver had swerved numerous times traveling northbound from downtown Albuquerque, he’d delayed proceeding through a green light by 10 seconds, he’d driven 10 mph under the posted speed limit, and he’d done it all with his headlights turned off. In the driver’s seat of the car was Ryan Flynn, 39, Gov. Susana Martinez’ former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association.
One week after a Nob Hill nightclub was subjected to homophobic attacks, a group of supporters rallied Sunday morning to support Albuquerque Social Club. Anthony Montaño, who manages the LGBTQ-friendly club, told NM Political Report the harassment began Saturday, April 1, when the club received four threatening phone calls. The next day, Montaño said the harassment continued and the club’s door staffer “felt threatened enough to call the police.”
That evening, two club staffers saw two cars pull up into the parking lot as they were leaving from work. Each car brandished guns, Montaño said, and fired a total of three shots into the air. The staffers ran inside and called the police.
Bernalillo County District Attorney Raul Torrez announced Friday afternoon his office would not reopen the case against former Albuquerque Police Department officers Dominique Perez and Keith Sandy. The announcement came almost three months after Torrez took office and two months after he announced a special task force of prosecutors would review the case. In a press conference Torrez said both the task force and two attorneys from his office came to the same conclusion—that there was no evidence to show that a new trial would result in a new outcome. “There is no reason to believe the case against officers Sandy and Perez could be tried better or more exhaustively at a second trial or that a second jury could reach a different outcome than the first,” Torrez told reporters. The decision to not prosecute signals the end to a nearly-two year legal battle.
A House committee on Saturday advanced a bill that would expand required background checks to include most gun purchases in New Mexico. After a hearing that lasted more than three hours, the Consumer and Public Affairs Committee voted 3-1 along party lines in favor of House Bill 50, sponsored by Rep. Stephanie Garcia Richard, D-Los Alamos. The committee’s action mirrored that of a Senate panel that last week approved an identical proposal, Senate Bill 48. While the New Mexico Legislature is moving toward expanding mandatory background checks, Congress is heading in the other direction. The U.S. House of Representatives last week voted 235-180 to scuttle an Obama-era rule requiring background checks for gun purchases by some Social Security recipients with mental disabilities.
Two weeks before he takes office, incoming District Attorney Raul Torrez announced he had formed a team of prosecutors that will review a high-profile officer shooting case in Albuquerque. The goal is to determine whether to prosecute the case again. Torrez will officially take office as the 2nd Judicial District attorney next month, but on Tuesday said he already convened a group of seven district attorneys from around the state to review the controversial case involving Keith Sandy and Dominque Perez. Sandy and Perez were Albuquerque police officers who were charged with the death of homeless camper James Boyd. The first trial ended in a hung jury.
Special Prosecutor Randi McGinn on Monday dismissed the second-degree murder charge against former Albuquerque police officer Dominique Perez, who was accused of fatally shooting homeless camper James Boyd in March 2014. McGinn filed a one-page motion in state District Court in Albuquerque to dismiss the case “without prejudice,” which means that incoming District Attorney Raul Torrez could refile the charge if he chooses to after he takes office on Jan. 1. McGinn said she couldn’t comment on why she dismissed the charge against Perez, but she did add that the second-degree murder charge against former officer Keith Sandy remained in place and that Torrez will have to decide on whether to retry Sandy. McGinn said she spoke last week with Perez’s attorney, Luis Robles, about her intent to dismiss the charge against his client.