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."
Saturday, November 18, 2006
Friday, October 27, 2006
Lawsuit Claims APD Officers Assaulted Man
Friday, October 27, 2006
Associated Press
A federal lawsuit filed against three police officers alleges they sexually assaulted a man while serving a search warrant that involved a former tenant at the man's apartment.
The lawsuit, filed Monday on behalf of 36-year-old Leo Michael Baca, claims officers locked Baca in a bedroom in August 2005, sexually assaulted him and threatened to cut off his testicles if he refused to give information about a previous tenant of the apartment.
The lawsuit names as defendants the city of Albuquerque, Officer Lucas Townsend and two officers Baca said he couldn't identify.
Police spokesman John Walsh declined to comment on the lawsuit.
City Attorney Bob White said his office is reviewing the lawsuit. He had no further comment.
An internal investigation into Baca's allegations cleared the officers, according to a police report.
The investigation included interviews with 13 police officers and an acquaintance of Baca's who were present during the search. All said they did not witness an assault against Baca and said Baca was in the apartment's living room throughout the search.
Investigators were unable to obtain information from audio recorders worn by six officers involved during the search because all six had turned them off after entering the apartment, according to the report.
Police had obtained a warrant to search the apartment in connection with a drug trafficking investigation.
Associated Press
A federal lawsuit filed against three police officers alleges they sexually assaulted a man while serving a search warrant that involved a former tenant at the man's apartment.
The lawsuit, filed Monday on behalf of 36-year-old Leo Michael Baca, claims officers locked Baca in a bedroom in August 2005, sexually assaulted him and threatened to cut off his testicles if he refused to give information about a previous tenant of the apartment.
The lawsuit names as defendants the city of Albuquerque, Officer Lucas Townsend and two officers Baca said he couldn't identify.
Police spokesman John Walsh declined to comment on the lawsuit.
City Attorney Bob White said his office is reviewing the lawsuit. He had no further comment.
An internal investigation into Baca's allegations cleared the officers, according to a police report.
The investigation included interviews with 13 police officers and an acquaintance of Baca's who were present during the search. All said they did not witness an assault against Baca and said Baca was in the apartment's living room throughout the search.
Investigators were unable to obtain information from audio recorders worn by six officers involved during the search because all six had turned them off after entering the apartment, according to the report.
Police had obtained a warrant to search the apartment in connection with a drug trafficking investigation.
Monday, October 2, 2006
Protestor arrested at weapons symposium
Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Protestor arrested at weapons symposium
Media Credit: Photo by Luis Martin
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Robert Anderson, a Central New Mexico Community College professor and local antiwar activist, is arrested by UNM Police officers in the Santa Ana room in the SUB on Friday.
by Maggie Ybarra, Daily Lobo
A protestor was arrested on charges of battery on a police officer at a symposium about nuclear warheads in the SUB on Friday.
Robert Anderson, 62, who is a Central New Mexico Community College professor, former UNM professor and local antiwar activist, pleaded not guilty on Sunday to the charge.
The symposium was held to discuss the future of the U.S. nuclear weapons program and the development of new warheads.
The event was sponsored by Sandia National Laboratories, UNM and Women in International Security.
Anderson told the audience he was protesting the event because it encouraged the creation of nuclear weapons, and the panel members did not represent diverse opinions.
The panel included at least three members of Sandia National Laboratories and a member of the National Nuclear Security Administration.
Members of Stop the War Machine, including Anderson, set up a table with posters and bumper stickers outside the Santa Ana room where the symposium was held.
The group is dedicated to educating the public about the military-industrial complex, according to the group's Web site.
Vera Norwood, dean of the College of Arts and Sciences, said in an interview Sunday that she told the protestors they were allowed to have the table and participate in the symposium. However, they were not allowed to bring signs into the room, she said.
"I told him (Anderson) they were welcome to do whatever they wanted outside the room," she said. "But inside the room, there would be a series of presentations, which a lot of people had come to hear."
About 80 people attended the event.
When the presentation was about to start, Anderson and student Andrew Marcum began shouting questions to the speaker, Norwood said.
The student was holding a sign that read "Educate for peace,
not war."
Norwood told Anderson several times to stop interrupting the presentation, or he would have
to leave.
Friday, September 1, 2006
Family Seeks Money Damages From APD
By Carolyn Carlson, Journal Staff Writer
The family of a 17-year-old who was shot and killed by Albuquerque Police Department officers in 2003 is seeking monetary damages from the city and the officers.
On Nov. 29, 2003, Eric Harrison was shot in the back by Officer Matthew Thompson outside the police training academy near Montaño and Second Street during an altercation between Harrison and then-54-year-old Cipriano Salazar.
A police spokesman at the time said the officers were leaving a training session at the academy when they saw a beating in progress. They ordered Harrison to drop a baseball bat he was using to hit Salazar. Harrison refused and raised the bat to strike again, the spokesman said.
The wrongful death lawsuit was filed on Nov. 28, 2005, the day before the statute of limitations would have run out, according to attorney Miguel Campos.
Campos and attorney Phillip A. Martinez are representing Maria E. Chávez, who had raised Harrison since he was a toddler.
According to court documents, Campos and Martinez contend Thompson and Brad Ahrensfield confronted Harrison and Salazar, who were involved in the altercation over a T-ball bat.
"One of the officers without adequate warning opened fire upon (Harrison) shooting him twice in the back causing fatal injuries," the lawsuit says.
Campos and Martinez said officers used excessive force and were negligent and reckless.
"It is sad all the way around," Campos said Thursday. He declined to comment further.
Court documents say Ahrensfield did not fire his gun.
Campos and Martinez say in the lawsuit that even though he did not fire his gun, Ahrensfield did not take any action, verbal or physical, to dissuade Thompson from firing the fatal shots. Nor did Ahrensfield warn Harrison that shots were going to be fired.
City attorneys Robert M. White and Kathryn Levy said in court documents that Thompson saw Harrison beating Salazar in the head with a baseball bat. Thompson ordered Harrison to stop but Harrison struck Salazar a second time with the bat. Harrison was in a striking position when Thompson shot Harrison.
They say the actions taken by Thompson saved Salazar from further serious injury or even death and were in full compliance with standard and acceptable police procedures, the city's response to the lawsuit said.
Salazar was taken to an area hospital and was released four days later.
"The city will defend its actions in the lawsuit," White said Thursday.
At the time of the shooting, Harrison's family said the shooting was a tragedy beyond belief.
Frank Chávez, Harrison's uncle, has said his nephew was a good kid and had never been in trouble. Chávez has said he and his mother, Maria, raised Harrison since he was a toddler because both of his parents were in prison.
"This has devastated our family," Chávez said at the time. "The police could have handled this differently. He was just a little guy. Two big cops could have taken him down."
Chávez said his nephew was about 5-foot-5 and weighed only about 130 pounds.
The lawsuit asks for damages to be determined at trial. The case is currently set for a March 2007 trial date.
The family of a 17-year-old who was shot and killed by Albuquerque Police Department officers in 2003 is seeking monetary damages from the city and the officers.
On Nov. 29, 2003, Eric Harrison was shot in the back by Officer Matthew Thompson outside the police training academy near Montaño and Second Street during an altercation between Harrison and then-54-year-old Cipriano Salazar.
A police spokesman at the time said the officers were leaving a training session at the academy when they saw a beating in progress. They ordered Harrison to drop a baseball bat he was using to hit Salazar. Harrison refused and raised the bat to strike again, the spokesman said.
The wrongful death lawsuit was filed on Nov. 28, 2005, the day before the statute of limitations would have run out, according to attorney Miguel Campos.
Campos and attorney Phillip A. Martinez are representing Maria E. Chávez, who had raised Harrison since he was a toddler.
According to court documents, Campos and Martinez contend Thompson and Brad Ahrensfield confronted Harrison and Salazar, who were involved in the altercation over a T-ball bat.
"One of the officers without adequate warning opened fire upon (Harrison) shooting him twice in the back causing fatal injuries," the lawsuit says.
Campos and Martinez said officers used excessive force and were negligent and reckless.
"It is sad all the way around," Campos said Thursday. He declined to comment further.
Court documents say Ahrensfield did not fire his gun.
Campos and Martinez say in the lawsuit that even though he did not fire his gun, Ahrensfield did not take any action, verbal or physical, to dissuade Thompson from firing the fatal shots. Nor did Ahrensfield warn Harrison that shots were going to be fired.
City attorneys Robert M. White and Kathryn Levy said in court documents that Thompson saw Harrison beating Salazar in the head with a baseball bat. Thompson ordered Harrison to stop but Harrison struck Salazar a second time with the bat. Harrison was in a striking position when Thompson shot Harrison.
They say the actions taken by Thompson saved Salazar from further serious injury or even death and were in full compliance with standard and acceptable police procedures, the city's response to the lawsuit said.
Salazar was taken to an area hospital and was released four days later.
"The city will defend its actions in the lawsuit," White said Thursday.
At the time of the shooting, Harrison's family said the shooting was a tragedy beyond belief.
Frank Chávez, Harrison's uncle, has said his nephew was a good kid and had never been in trouble. Chávez has said he and his mother, Maria, raised Harrison since he was a toddler because both of his parents were in prison.
"This has devastated our family," Chávez said at the time. "The police could have handled this differently. He was just a little guy. Two big cops could have taken him down."
Chávez said his nephew was about 5-foot-5 and weighed only about 130 pounds.
The lawsuit asks for damages to be determined at trial. The case is currently set for a March 2007 trial date.
Tuesday, August 15, 2006
State Police Officer Charged With Battery
By Rene Romo, Journal Southern Bureau
LAS CRUCES— City police filed a criminal complaint Monday charging an off-duty State Police officer with aggravated battery for his alleged part in a fight last week.
Nicholas Zepeda, 23, was charged with two felony counts— aggravated battery with a deadly weapon and aggravated battery with intent to commit great bodily harm.
State Police spokesman Lt. Rick Anglada said Zepeda will be placed on administrative duties, pending the outcome of an internal investigation and the criminal case.
Zepeda, stationed in Española, was attending a training class in Las Cruces at the time of the incident, Anglada said.
According to a statement of facts filed in Magistrate Court, a dispute that began at a bar carried over to an apartment complex shortly after 2 a.m. Wednesday. Three men, including Zepeda, were involved in an altercation with Daniel Reyes, 23, of Las Cruces.
Amy Orlando, chief deputy district attorney, said prosecutors are considering filing charges against the two men who were with Zepeda. She said she did not expect charges would be filed against Reyes.
Reyes told an investigator that, as he was leaving the bar, he punched Zepeda because Zepeda allegedly insulted him.
Zepeda and two friends then drove to Reyes' apartment. Zepeda told police that as he approached Reyes, Reyes reached into the bed of his truck, grabbed a beer bottle and smashed it against Zepeda's head. A fight ensued.
Reyes told police he struck Zepeda with a bottle in self-defense after Zepeda and two other men arrived at his apartment complex and rushed him.
A witness told police a man matching Zepeda's description made "two quick stabbing movements" to Reyes' back with what appeared to be a piece of glass. Reyes suffered two puncture wounds to his back.
LAS CRUCES— City police filed a criminal complaint Monday charging an off-duty State Police officer with aggravated battery for his alleged part in a fight last week.
Nicholas Zepeda, 23, was charged with two felony counts— aggravated battery with a deadly weapon and aggravated battery with intent to commit great bodily harm.
State Police spokesman Lt. Rick Anglada said Zepeda will be placed on administrative duties, pending the outcome of an internal investigation and the criminal case.
Zepeda, stationed in Española, was attending a training class in Las Cruces at the time of the incident, Anglada said.
According to a statement of facts filed in Magistrate Court, a dispute that began at a bar carried over to an apartment complex shortly after 2 a.m. Wednesday. Three men, including Zepeda, were involved in an altercation with Daniel Reyes, 23, of Las Cruces.
Amy Orlando, chief deputy district attorney, said prosecutors are considering filing charges against the two men who were with Zepeda. She said she did not expect charges would be filed against Reyes.
Reyes told an investigator that, as he was leaving the bar, he punched Zepeda because Zepeda allegedly insulted him.
Zepeda and two friends then drove to Reyes' apartment. Zepeda told police that as he approached Reyes, Reyes reached into the bed of his truck, grabbed a beer bottle and smashed it against Zepeda's head. A fight ensued.
Reyes told police he struck Zepeda with a bottle in self-defense after Zepeda and two other men arrived at his apartment complex and rushed him.
A witness told police a man matching Zepeda's description made "two quick stabbing movements" to Reyes' back with what appeared to be a piece of glass. Reyes suffered two puncture wounds to his back.
Wednesday, August 2, 2006
Police Settle Death Lawsuit
Wednesday, August 2, 2006
By Martin Salazar
Journal Staff Writer
A lawsuit filed over the September 2004 State Police shooting that left a Chimayó man dead has been settled, parties on both sides of the case confirmed Tuesday.
The amount of the settlement— executed in late April— wasn't disclosed.
Leo Lopez, 44, was fatally shot by an undercover State Police narcotics agent during a drug investigation on Sept. 22, 2004. His family filed a wrongful death suit in October 2005 alleging that police failed to identify themselves, that the officer shot Lopez without provocation and that authorities then withheld medical treatment, causing his death.
State Police have said agents identified themselves as police officers when Lopez, who was inside his truck, "aggressively backed up in an apparent attempt to use his vehicle as a weapon against the officers." A State Police officer shot at the driver "while trying to protect himself and others from being severely injured or killed," the agency said.
An investigative grand jury determined in October that the shooting was justified, though the attorney representing the Lopez family has previously said that the grand jury may not have been given all the information in the case.
Plaintiffs attorney Robert Rothstein said he was bound by a confidentiality clause in the settlement and couldn't disclose how much the Lopez family was paid to drop its suit, which had been filed in state district court in Tierra Amarilla.
"My clients were very pleased with the overall settlement and glad to put it behind them," Rothstein said.
A stipulated order of dismissal dropping officer Sean Wallace, who the suit identified as the shooter, and Wallace's former supervisor Roman Jimenez as defendants was filed on April 26. On May 3, a stipulated dismissal order was filed dropping the suit against the remaining defendants— the State Police and the New Mexico Department of Public Safety.
DPS spokesman Peter Olson said he was prohibited by statute from disclosing the settlement amount, but he said the settlement wasn't an admission of wrongdoing by DPS or State Police.
"There are many, many reasons why lawsuits are settled," Olson said. "Among them are expediency and saving taxpayer money for prolonged lawsuits or trials."
Under state law, settlements handled by the state Risk Management Division remain confidential for six months.
Olson said Wallace is still a State Police officer. Jimenez, who had been overseeing the Region III narcotics task force, is now assistant district commander for the State Police district in Deming.
Wallace was named in another 2003 lawsuit alleging excessive force when he worked for State Police in Las Vegas. Wallace had been accused in the suit of battering a man after pulling him over without probable cause. The suit was settled for $19,999 in September 2005.
State Police have refused to confirm that Wallace was indeed the officer who fatally shot Lopez. The agency also has denied multiple requests from the Journal and other media outlets in New Mexico to inspect incident reports from the Sept. 22 shooting that resulted in Lopez's death.
The Journal, Santa Fe New Mexican, Rio Grande Sun and the Albuquerque-based New Mexico Foundation for Open Government filed suit against DPS in August 2005 to get access to the reports. That case is still pending.
By Martin Salazar
Journal Staff Writer
A lawsuit filed over the September 2004 State Police shooting that left a Chimayó man dead has been settled, parties on both sides of the case confirmed Tuesday.
The amount of the settlement— executed in late April— wasn't disclosed.
Leo Lopez, 44, was fatally shot by an undercover State Police narcotics agent during a drug investigation on Sept. 22, 2004. His family filed a wrongful death suit in October 2005 alleging that police failed to identify themselves, that the officer shot Lopez without provocation and that authorities then withheld medical treatment, causing his death.
State Police have said agents identified themselves as police officers when Lopez, who was inside his truck, "aggressively backed up in an apparent attempt to use his vehicle as a weapon against the officers." A State Police officer shot at the driver "while trying to protect himself and others from being severely injured or killed," the agency said.
An investigative grand jury determined in October that the shooting was justified, though the attorney representing the Lopez family has previously said that the grand jury may not have been given all the information in the case.
Plaintiffs attorney Robert Rothstein said he was bound by a confidentiality clause in the settlement and couldn't disclose how much the Lopez family was paid to drop its suit, which had been filed in state district court in Tierra Amarilla.
"My clients were very pleased with the overall settlement and glad to put it behind them," Rothstein said.
A stipulated order of dismissal dropping officer Sean Wallace, who the suit identified as the shooter, and Wallace's former supervisor Roman Jimenez as defendants was filed on April 26. On May 3, a stipulated dismissal order was filed dropping the suit against the remaining defendants— the State Police and the New Mexico Department of Public Safety.
DPS spokesman Peter Olson said he was prohibited by statute from disclosing the settlement amount, but he said the settlement wasn't an admission of wrongdoing by DPS or State Police.
"There are many, many reasons why lawsuits are settled," Olson said. "Among them are expediency and saving taxpayer money for prolonged lawsuits or trials."
Under state law, settlements handled by the state Risk Management Division remain confidential for six months.
Olson said Wallace is still a State Police officer. Jimenez, who had been overseeing the Region III narcotics task force, is now assistant district commander for the State Police district in Deming.
Wallace was named in another 2003 lawsuit alleging excessive force when he worked for State Police in Las Vegas. Wallace had been accused in the suit of battering a man after pulling him over without probable cause. The suit was settled for $19,999 in September 2005.
State Police have refused to confirm that Wallace was indeed the officer who fatally shot Lopez. The agency also has denied multiple requests from the Journal and other media outlets in New Mexico to inspect incident reports from the Sept. 22 shooting that resulted in Lopez's death.
The Journal, Santa Fe New Mexican, Rio Grande Sun and the Albuquerque-based New Mexico Foundation for Open Government filed suit against DPS in August 2005 to get access to the reports. That case is still pending.
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