The children of a man shot and killed by an Albuquerque police officer will receive $375,000 in a legal settlement from the city, four years after they first sued the city of Albuquerque. On Tuesday morning, state court judge Denise Barela-Shepherd approved the settlement agreement between city attorneys and lawyers for the three children of Mickey Owings. Alicia Manzano, a spokeswoman for Albuquerque Mayor Tim Keller, said her office had not recieved the official order from Barela-Shepherd. “The city is awaiting the court order that approves the settlement and dismisses the case,” Manzano wrote in a statement to NM Political Report. In a prior statement, Manzano noted this was one of the last few pending cases carried over from the previous administration.
The City of Albuquerque agreed to a still-undisclosed settlement in a four-year-old lawsuit filed by the minor children of a man who was shot and killed by police. The agreement came Friday, just two days before a jury trial for the lawsuit was set to start. Three children of Mickey Owings filed a lawsuit against the city in 2014 after the U.S. Department of Justice included Owings’ death in its scathing report of the Albuquerque Police Department and its use of excessive force. A spokeswoman for Albuquerque Mayor Tim Keller confirmed the city and the children’s attorneys agreed to settle, but she declined to provide details before a state district court judge approves the agreement. “The parties reached an agreement on the Owings case, which is one of the last few remaining cases still pending from the previous administration listed in the DOJ report,” the mayor’s spokeswoman Alicia Manzano said.
A unanimous New Mexico Supreme Court opinion this week will allow family members of a man killed by Albuquerque police to seek damages in district court. But, the decision also set a statewide precedent that would allow families to sue for damages even after the time limit for a wrongful death claim expires. All five justices agreed in an opinion filed Monday that the children of Mickey Owings can move forward with a lawsuit against the City of Albuquerque and the Albuquerque Police Department for loss of consortium damages, or damages from losing a spouse or parent. Owings was killed by an officer who was part of the now-disbanded Repeat Offender Project unit of APD in 2010. The city’s legal department issued a statement NM Political Report, similar to one issued to the Albuquerque Journal for a story earlier this week, noting that the Owings case will be heard in a lower court.