Thursday, November 30, 2006

Residents Called Sheriff About Shots

Thursday, November 30, 2006
By Carolyn Carlson
Journal Staff Writer

Residents living in the area where Jerome J. Hall was found shot on Thanksgiving called the Bernalillo County Sheriff's Department at least four separate times that afternoon and evening to report gunshots being fired.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers.
Lt. Gregg Marcantel, lead homicide detective for the sheriff's department, said the calls started about 4:30 p.m. with the last one coming in about 9:30 p.m., shortly before deputies found Hall, 42, suffering from gunshot wounds. He died on the way to a hospital.
"The shots-fired calls ceased with that event," Marcantel said Wednesday during a news conference.
He said when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall.
"We are appealing to the public for any knowledge of who may have been doing the shooting," Marcantel said.
He said the shooters may have been in a car.
"It sounds like it did involve autos and the discharging of guns," Marcantel said. "It is unclear if the shots were into the air."
He would like to talk to anyone along Fourth Street, from Guadalupe Trail to Paseo del Norte, who heard gunshots or saw someone possibly in a car shooting a gun during those five hours.
"The Los Ranchos area does not get frequent shots-fired calls," Marcantel said.
He said detectives have not found any locations where bullets may have hit.
"Someone may have heard or seen something at 5 p.m. and not connect it to the 9:30 p.m. shooting," Marcantel said. "They may not be connected but we still want to know what, if anything, the public saw or heard."
Marcantel did not release any other information other than Hall's autopsy confirmed he died of gunshots.
He said they were keeping any pertinent information "within the notepads of the detectives and close to our chests."
He said he did not want to undermine the detectives working the case. Detectives are looking in a number of directions, he said.
Marcantel said newspaper coverage of the award might have suggested to someone Hall possessed lots of money, even though he had none of it yet because of the lengthy legal process.
According to court documents in Hall's excessive force case, the officers said Hall was acting suspiciously as he looked into Nob Hill business windows in 2002.
The officers said Hall was combative and that that is why they used a Taser on him. Hall lost part of an ear because he was so severely burned by the Taser.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he was afraid of retaliation.
Anyone with any information should call Crime Stoppers at 843-STOP. If they want to talk directly with a detective they can call 980-2496. Either way, Marcantel said, they can remain anonymous.

Wednesday, November 29, 2006

APD Suit Winner Feared Retaliation

Wednesday, November 29, 2006
By Carolyn Carlson and Debra Dominguez
Journal Staff Writers

The man found dying from gunshots along Fourth Street on Thanksgiving evening earlier had said he was afraid of retaliation after winning more than $300,000 in an excessive force case against city cops.
Jerome J. Hall, 42, told the Journal just after the federal jury reached its verdict that he was living in an apartment but did not want anyone to know where because he was afraid of retaliation.
On Thanksgiving evening, Hall was found suffering from bullet wounds outside of an appliance store near Fourth and Schulte NW. He died while en route to the University of New Mexico Hospital.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police Department officers.
Hall had received second- and third-degree burns when one of the officers used a Taser on him multiple times during a 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
During the Nov. 17 interview, Hall also said he had been sober for 16 months and, despite one recent relapse, was back on the wagon.
"Being in recovery is a new chance to turn my life around," Hall said. He added he was now living in an apartment.
"I don't want to say where— I don't want retaliation. I just don't want anyone to know where I live now," Hall said at that time.
Hall, a self-admitted drug user, said he had occasionally lived on the streets east of Nob Hill before getting his apartment.
Lt. Gregg Marcantel, lead homicide detective for the Bernalillo County Sheriff's Department, said Tuesday investigators are taking into consideration the timing of Hall's death.
"The timing of the award suggests suspicion, but to what extent I don't know," Marcantel said. "We are taking it into consideration that it was publicly announced that he was awarded the money."
Marcantel said the department is not going to release any information that only the offender would know, such as the type of gun used.
"It is not in the best interest of the investigation to undermine the case," Marcantel said.
He did say investigators were looking into a framework of some things occurring in the area.
"There are some things that stand out," Marcantel said.
Terry Hodges, a pastor at the Shilo Baptist Church where Hall attended, said Hall was an "all-around good guy" who had been working hard to turn his life around.
Hall told the Journal on Nov. 17 that he has three boys who live here in Albuquerque and a daughter in Seattle.
According to court documents, Hall had a pending paternity case, filed in March in Bernalillo County by a Frankie Pinkney. The case is still open and paternity has not been established. Pinkney could not be reached for comment Tuesday.
In order for paternity to be established on a deceased person, the Office of the Medical Investigator must have either the permission of the family or a court order to release blood samples for a DNA test.
Hall said after the jury's award that he wanted to use the money to help his four children and to get his life back on track by going back to college. Hall has said he was a former medical technician and disabled Army veteran.
Hall's mother, Gloria Bishop, came into town from Florida to be with Hall during his federal trial. Hodges said Bishop is too distraught to talk right now. He said Hall's two sisters are now in town and funeral arrangements are being planned.
During the Nov. 17 interview, Bishop said she was in tears when she heard the tapes of the beating and Tasing her son took during the 2002 arrest.
"Here we are in 2006, and I can't understand how this kind of thing is still going on in a country my son willingly and gladly served," Bishop said of her son, who beginning in 1985 served in the U.S. Army Reserves about six years. "It was almost as bad as him being in combat in Iraq. He could have lost his life over this."

Tuesday, November 28, 2006

APD Suit Winner Killed a Week Later

Tuesday, November 28, 2006
FOR THE RECORD:This story has been corrected to reflect that Kathyrn Levy is an assistant city attorney.
By Carolyn Carlson
Journal Staff Writer

An Albuquerque man who last week was awarded more than $300,000 in damages in a civil lawsuit against city police has been identified as the man found shot on Fourth Street on Thanksgiving.
Jerome J. Hall, 42, died on the way to the University of New Mexico Hospital after he was found Thursday evening in the 6700 block of Fourth Street, near Osuna, suffering from gunshot wounds, according to Sgt. David Knowles, spokesman for the Bernalillo County Sheriff's Department.
Just six days earlier, a U.S. District Court jury awarded Hall $307,030 in damages in an excessive force case against three Albuquerque Police officers.
Hall received second- and third-degree burns when one of the officers used a Taser on him multiple times during his 2002 arrest. Hall lost part of his ear as a result of being burned.
The jury found that officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when arresting Hall, according to court documents.
"This is really tragic," said attorney Robert Gorence, who represented Hall in the case. "Here we have someone who had put his life in order and finally had the means to do the things with his kids that he always wanted to do."
Hall did not live in the neighborhood where he was found shot, Gorence said Monday.
After last week's verdict, Hall said he had been addicted to drugs but had quit them and had gone through rehabilitation programs.
Hall said he was going to use the money from the verdict to help his four children and get his life back on track by going back to college in the fall.
Hall said he was a former medical technician and disabled Army veteran.
Gorence said he does not know if Hall had a will. He also said he did not know what city attorneys plan on doing in light of Hall's death.
"There are lots of things that need to be answered," Gorence said.
Assistant city attorney Kathryn Levy said her office is reviewing the case for post-trial motions.
"This is something we would normally do," Levy said.
She said she has never seen something like this before.
In the 2002 incident, Hall's attorneys claimed the officers had no lawful reason to arrest, assault or imprison Hall, saying he was just walking along Central in Nob Hill and complied with all of the officers' orders.
City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area and that he had observed Hall acting suspiciously.
Knowles said detectives are investigating Hall's shooting as a homicide.
Anyone with any information on the case can remain anonymous and call Crime Stoppers at 843-STOP.

Saturday, November 18, 2006

APD Loses Brutality Case

Saturday, November 18, 2006
By Debra Dominguez-Lund
Copyright © 2006 Albuquerque Journal; Journal Staff Writer

A formerly homeless man who suffered severe burns and lost part of his ear when he was arrested by three Albuquerque police officers four years ago was awarded about $300,000 by a federal jury Friday.
Despite the verdict in U.S. District Court, Jerome Hall, who suffered permanent disfiguration from the September 2002 incident, said he'll never feel he's gotten complete justice.
"They took my dignity away from me in public," said Hall, who says police officers unlawfully arrested him, used Tasers on him and beat him excessively after he was warned not to walk along Central east of Nob Hill. "They treated me like an animal because I was black and homeless— like I was less than nothing. It was a public lynching in modern times."
The jury found that Albuquerque police officers Tim Gonterman, Sean Higdon and David Hinson used "excessive force" when they arrested Hall in September 2002, said Hall's attorney, Louren Oliveros.
Kathryn Levy, the city attorney representing the police officers, couldn't be reached for comment.
However, City Attorney Robert White said the city accepts the jury's decision.
"The jury entered its verdict, and we accept its decision with regard to the amount (awarded to Hall)," White said. "And since that particular incident, APD has reviewed and changed its Taser policy."
Hall's attorneys claimed the officers had no lawful reason to arrest, assault or falsely imprison Hall, saying he was just walking along Central and complied with all officers' orders. City attorneys claimed in court documents that the officers acted in good faith, using reasonable police procedures and tactics.
City attorneys also maintained, according to court documents, that the officers had probable cause to arrest Hall, 42, for various crimes, including public nuisance, disorderly conduct, resisting arrest and criminal trespassing.
Court documents say Gonterman stopped Hall because police had received complaints of narcotic sales by people on foot in the area, and that he observed Hall acting suspiciously.
Oliveros claimed in the suit that the three officers beat Hall, and that Gonterman applied his Taser "to Mr. Hall's body multiple times inflicting second and third-degree burns."
She said Hall lost part of his ear as a result of being burned.
Hall admits that he had been addicted to drugs but says he has since been through rehabilitation programs. He said he's going to use the money to help get his life back on track and help his four children.
"I want to re-establish my relationships with them and eventually go back to college in the fall," said Hall, a former medical technician and disabled U.S. Army veteran.
"I hope my story shows people redemption is possible for anyone," said Hall, who said his drug addiction led him to homelessness. "The beating made me feel like I was written off as a subhuman, like I had no rights, like I was less than an animal and worthless.
"But homeless or not, we have rights and a voice," Hall said. "And I feel those men should not be cops or even security guards because they pose a possible threat to anyone who's not like them."
APD spokesman John Walsh said that because the incident took place in 2002 under former APD Chief Gilbert Gallegos, he didn't know whether the officers ever faced any disciplinary action. All three still work for APD.
"I'd be more than happy to review it, though," Walsh said. "But as far as that chapter's concerned, it's closed now."
"The position of the city is that it felt strong that the actions of the police officers back then fell under the scoping guidelines of 2002 and the use-of-force model (for Tasers)," said Walsh, adding that the Police Department's policy regarding Tasers has since been made much more restrictive.
Oliveros, who represented Hall with her husband, Robert Gorence, applauded the jury's verdict.
"The defendants did their best to make Hall look as least human as possible," she said. "But the jury's verdict is a good sign society is starting to see through racial and class profiling, as well as the complete disregard these people are often treated with."