Gunfire followed car, foot pursuit
* Executive Producer: Melissa Dosher
* Web Producer: Bill Diven
ALBUQUERQUE (KRQE) - One man is dead, another gone from the scene and an Albuquerque police officer is on leave.
The officer fatally shot Andrew Lopez, 19 early Sunday morning after he led Albuquerque police officers on a high-speed car chase lasting 11 minutes.
Police said Lopez had a gun.
After stopping near 51st Street and Rincon Road NW, Lopez and his unidentified passenger jumped out and ran away. Officers caught up to Lopez in a dark area.
Lopez then turned on one of the officers in an aggressive manner with something in his hand, according to Albuquerque Police Department spokesman John Walsh
The officer fired shots in response.
Police are still looking for Lopez's passenger and the gun they believe was in the car.
The officer who fired the shots has been identified as Justin Montgomery, 28, who has been with APD for 2 1/2 years.
Showing posts with label Death by Police. Show all posts
Showing posts with label Death by Police. Show all posts
Wednesday, February 11, 2009
Tuesday, February 10, 2009
Another Youth Murdered by APD
Tuesday, February 10, 2009
Police ID Man Killed by Officer
By Jeff Proctor, Albuquerque Journal Staff Writer
Police have identified the man fatally shot by an officer after an 11-minute pursuit through southwest Albuquerque early Sunday as Andrew Lopez, a 19-year-old suspected gang member with a felony warrant out for his arrest.
Albuquerque Police Department Officer Justin Montgomery, a 28-year-old just more than two years out of the academy, shot Lopez shortly after 3 a.m. after he and other officers backed Lopez into a corner, police spokesman John Walsh said.
Lopez "turned in an aggressive manner with an object in his hand" and was shot an undetermined number of times, Walsh said.
An "extensive search" of the area near the intersection of 51st and Rincon NW turned up only a silver-colored cell phone, he said. No weapon has been found.
A second man, who had been a passenger in Lopez's vehicle when police began to follow it, managed to get away and was still at large late Monday, Walsh said. He was around the same age as Lopez and was wearing dark clothing.
Police began following the vehicle, a beige 1980s-model two-door sedan, because it was driving with no lights on, he said. There had been calls of shots fired in the area that matched up with the vehicle Lopez was driving.
Officers pursued the vehicle for nearly 11 minutes, Walsh said, and, at one point, Lopez stuck his hand out the window with "an object officers believed to be a weapon."
The vehicle began to slow down as it approached 51st, and before it had come to a stop, the passenger bailed out and fled on foot, he said. The vehicle then came to a halt, Lopez got out and ran in the other direction.
He ran down a "darkened area," Walsh said and was eventually boxed into a corner by Montgomery and other officers. That's when Lopez turned around and was shot.
Police have been searching the several-mile area the vehicle and foot pursuits covered for weapons and witnesses, he said. So far, no weapon has been found, but several possible witnesses and acquaintances of Lopez have been interviewed.
Lopez had a felony warrant out for his arrest on drug and aggravated battery charges, according to court records.
Montgomery is on standard paid 72-hour leave while APD, the Bernalillo County Sheriff's Department, State Police, the District Attorney's Office and the Office of the Medical Investigator complete their investigation, Walsh said.
Police ID Man Killed by Officer
By Jeff Proctor, Albuquerque Journal Staff Writer
Police have identified the man fatally shot by an officer after an 11-minute pursuit through southwest Albuquerque early Sunday as Andrew Lopez, a 19-year-old suspected gang member with a felony warrant out for his arrest.
Albuquerque Police Department Officer Justin Montgomery, a 28-year-old just more than two years out of the academy, shot Lopez shortly after 3 a.m. after he and other officers backed Lopez into a corner, police spokesman John Walsh said.
Lopez "turned in an aggressive manner with an object in his hand" and was shot an undetermined number of times, Walsh said.
An "extensive search" of the area near the intersection of 51st and Rincon NW turned up only a silver-colored cell phone, he said. No weapon has been found.
A second man, who had been a passenger in Lopez's vehicle when police began to follow it, managed to get away and was still at large late Monday, Walsh said. He was around the same age as Lopez and was wearing dark clothing.
Police began following the vehicle, a beige 1980s-model two-door sedan, because it was driving with no lights on, he said. There had been calls of shots fired in the area that matched up with the vehicle Lopez was driving.
Officers pursued the vehicle for nearly 11 minutes, Walsh said, and, at one point, Lopez stuck his hand out the window with "an object officers believed to be a weapon."
The vehicle began to slow down as it approached 51st, and before it had come to a stop, the passenger bailed out and fled on foot, he said. The vehicle then came to a halt, Lopez got out and ran in the other direction.
He ran down a "darkened area," Walsh said and was eventually boxed into a corner by Montgomery and other officers. That's when Lopez turned around and was shot.
Police have been searching the several-mile area the vehicle and foot pursuits covered for weapons and witnesses, he said. So far, no weapon has been found, but several possible witnesses and acquaintances of Lopez have been interviewed.
Lopez had a felony warrant out for his arrest on drug and aggravated battery charges, according to court records.
Montgomery is on standard paid 72-hour leave while APD, the Bernalillo County Sheriff's Department, State Police, the District Attorney's Office and the Office of the Medical Investigator complete their investigation, Walsh said.
Saturday, January 10, 2009
Popular Fury at Yet Another Police Murder
Oakland's Not for Burning?
By GEORGE CICCARIELLO-MAHER
from CounterPunch
Oakland.
In 1968, Amory Bradford penned a volume entitled Oakland’s Not For Burning, documenting the tinderbox that the city had become, and the lamenting the inevitability with which it would explode. But the assertion contained in the book’s title was hardly credible, coming as it was from a Yale-educated former Wall Street lawyer and New York Times general manager whose only business in Oakland came via the U.S. Commerce Department. Some forty years later, in the early hours of this year of ostensible hope, the reality of the persistence of racism in Oakland became devastatingly clear, sparking a powerful response the likes of which this city hasn’t seen in years. But luckily, the condescending voices of moderation, like that of Bradford a generation prior, seem have little traction with those who have seen enough police murder.
A New Year’s Execution
After responding to reports of “a fight” on a Bay Area Rapid Transit (BART) train, BART police detained the train at the Fruitvale station, forcibly removing several young men from the train as dozens of bystanders watched. Several of the men, all young and mostly black, were lined up, seated, along the platform. Some were cuffed, Oscar Grant was not. As he was attempting to defuse the situation, BART police decided to detain him, placing him face-down on the platform, with one officer kneeling near his neck, and another straddling his legs. For some still unexplained reason, one officer, now identified as Johannes Mehserle stood up, pulled his gun, and fired a shot directly into Oscar Grant’s back.
The bullet went through Grant’s back, ricocheting off the platform and puncturing his lung. There are gasps from the bystanders and shock on the face of the other officers, who clearly didn’t expect the shot to be fired. Grant, who was begging not to be Tasered at the time of the shot, clearly didn’t expect it either. But this surprise notwithstanding, the decision was then made to cuff the young man as he lay dying. As an added precaution, BART police then sought immediately to confiscate all videophones held by the train passengers, in an effort to cover up the murder. Luckily for everyone but the BART P.D. and Mehserle, several videos managed to make it into the public domain, where they went viral and were viewed on Youtube hundreds of thousands of times in the following days. In a rare show of journalistic integrity, local Fox affiliate KTVU aired one of the videos in its entirety.
The standard protocol---deny, distort, cover-up---had clearly been disrupted, and BART spokesman Linton Johnson even went so far as to criticize the leaking of the video, arguing that rather than clarifying events, public access to the video would “taint” the investigation. BART was on a back foot, and popular anger was on the offensive.
A Corporate Police Force
BART Police are a notoriously problematic organization, existing in a gray area between public and private, funded by taxpayers but operating under a corporate structure which lacks all accountability and oversight. According to the San Francisco Bay Guardian:
The structure of the BART police force is a recipe for disaster. BART’s general manager (who is not an elected official and has no expertise in law enforcement) hires the BART police chief… There is no police commission, no police review board, not even a committee of the elected BART board designated to handle complaints against and issues with the BART police… There is, in other words, no civilian oversight.
And this “disaster” has been more than merely hypothetical: in 1992, a BART cop shot unarmed Jerrold Hall in the back of the head with a shotgun as he walked away, after firing a warning shot. In 2001, BART police shot a mentally ill man who was unarmed and naked. And according to Tim Redmond, writing in the same paper, “BART made a monumental effort to cover [the Hall slaying] up,” and in the end, “Nothing happened… BART called the shooting justified.” As of yesterday, BART hadn’t yet interviewed the officer, Johannes Mehserle, who insisted on invoking Fifth Amendment rights not to speak. And just when they claim to have compelled him to do so, he abruptly resigned, thereby ending any internal affairs investigation that may have taken place. There still remains, according to BART, a criminal investigation, but if the past is any indicator, this won’t get far.
But let’s not fool ourselves. Even publicly-run organizations like the Oakland Police Department, which has all the ties in the world to elected power, operates with an informal shoot-to-kill policy for black teenagers. This was as clear in the 2007 murder of Gary King as it is with Oscar Grant today. And since the district attorney responsible for bringing charges against the police works closely with these same police on a daily basis and in a shared enterprise of delivering convictions, we should not be surprised that not a single police murder in recent years has even seen disciplinary action. “No one we talked with,” writes the Chronicle, “from the district attorney's office to lawyers who work either side of police shootings - could remember a case in the last 20 years in which an on-duty officer had been charged in a fatal shooting in Alameda County.”
Does It Matter What Really Happened?
We have all seen the video, and rumors are swirling about how to interpret its contents. The officer clearly fires a fatal shot into Oscar Grant’s back while the latter is face-down on the floor. A flurry of “experts” have intervened to give their analysis. While such expert testimony usually functions to justify the police, even among these experts some are shocked and disgusted by what they see. One expert, after concluding that the gun had accidentally gone off, watched video from another angle, after which he changed his conclusion: “Looking at it, I hate to say this, it looks like an execution to me.”
Others are insisting that Mehserle meant to pull out his (less fatal) Taser, but this theory has since been discredited. Firstly, a Sig-Sauer handgun weighs three times what a Taser weighs, and the shape is completely distinct, and another expert noticed in the tape that the officer had previously withdrawn his Taser, located for safety reasons on the other side of his belt. In other words, he knew he was going for the gun. Hence the claim of accidental discharge, but this too raises a serious question of plausibility: when Mehserle drew his gun, Grant couldn’t see it, and so there could be no claim that it was meant to threaten the victim into passivity. In the end, if Mehserle is ever forced to give a statement, he will likely turn to the tried-and-true excuse that he “suspected” Grant had a gun in his pants.
But none of this matters, all the debate of the officer’s “intention” only serves to reinforce the fact that, while white cops are allowed to have intention, this is a quantity denied to their victims. This fact of racist double-standards is not lost on those who, realizing that there will be no “justice” in this case, have taken to the streets to demonstrate their rage at the unprovoked execution.
“I’m Feeling Pretty Violent Right About Now”
While friends and family were gathered for Grant’s funeral, a number of organizations called a demonstration where he was killed, at Fruitvale BART station. Circulating by internet and Facebook, the call reached many thousands, and in the end some 500-600 protestors and mourners came together to make speeches and lament this murder. At a makeshift memorial behind the BART station, candles are burning, and hand-written messages appear: “Oscar, we watched you grow up from a lil’ boy down the street into a man,” and “O., RIP, peaceful journey, God only pick da best.”
As an indication of the contrasting sentiments that divided the crowd, where someone had scribbled “Fuck the police,” another had covered the expletive with another message: “Forgive.” But forgiveness wasn’t on the minds of many. Several of the more radical protestors climbed onto the BART turnstiles, displaying a red, black, and green flag. One shouted:
I’ve got the mentality of my parents who were Black Panthers, I’m tired of talking, I’m thinking like L.A. in 1992. Y’all can have your megaphone speeches, I been through that, I’m black, I don’t need more speeches. Let’s take a stand today, because tomorrow ain’t promised!
While some on the mic attempted to soothe the crowd, insisting that burning up the city was “too easy” and “useless,” the message didn’t seem to resonate much with the crowd. And why should it? We were standing in the middle of “Fruitvale Village,” a corporate paradise in the middle of a historically Latino district, which clearly doesn’t belong to the local residents. It was clear where the momentum was going, as the biggest cheers went up for the more radical voices who seized the mic: “I’m feelin pretty violent right now,” one insisted, “I’m on some Malcolm X shit: by any means necessary. If I don’t see some action, I’ma cause a ruckus myself.”
Oakland Burning
While some remained to hear additional speakers, including hyphy hip-hopper Mistah FAB and the recently-founded Coalition Against Police Executions (CAPE), several hundred set out on a militant and rapidly-moving march north on International Boulevard. The police response was initially hands-off, despite the tenor of the chants: “No Justice, No Peace: Fuck the Police,” and “La Migra, La Policia: La Misma Porqueria.” If those in the passing cars and stuck in traffic were of any indication, the local population knew exactly what was going on, why we were protesting, and were largely sympathetic.
As the march wound around Lake Merritt, it turned sharply to the left, a shortcut to BART headquarters. This seems to have thrown off the police, who were clearly unprepared for what came next. A single police car, parked sideways at 8th and Madison to prevent access to the BART headquarters, became the target of the crowd’s increasing fury. Sensing the tone of the crowd, a cop reached in and grabbed her helmet before scurrying away. Within moments, the police car was destroyed and nearly flipped over, and a nearby dumpster was burning.
A few seconds later, the air was thick with teargas. Evidently, seeing their own property destroyed was too much for the police to stomach. (Note: there is no truth to the CNN report that tear gas was deployed to protect a surrounded officer). I get a noseful of teargas, and a protestor near me is shot in the stomach with a rubber bullet, and needs to be helped off, as the crowd quickly sprints north toward downtown. Passing through Chinatown, dumpsters full of fresh produce are emptied into the street to slow the march of a line of riot police. When the crowd reaches Broadway, there is momentary confusion, with some continuing straight to Old Oakland, some pushing left toward Jack London Square, and others urging a move rightward toward the city center.
The police took advantage of this momentary indecision, with a full line charge that send many of the furious demonstrators sprinting and left many arrested. When the crowd regrouped, it was promptly encircled at 14th and Broadway, and a standoff ensued. Either by design or by a predictable quirk of the police organization, nearly every riot cop in the street was white, some sneering defiantly. And if the crowd of demonstrators was largely multiethnic, it was clear by this point that the functional vanguard was composed largely of the young, black teenagers most acutely aware of their relationship to the police. There were chants of “We are all Oscar Grant!” and several protestors lay in the middle of the street with their hands behind their backs, mimicking the position in which Grant was executed.
Some small fires were set, and the police moved in again, pushing the crowd down 14th toward Lake Merritt. The spearhead of the demonstrators rushed forward to shouts of “We the police today!” smashing and torching vehicles, and while this was done out of anger it was far from irrational, as the press will certainly present it. Rather, it was the result of a very clear line of reasoning that goes something like this: we have to do something, and in the face of police impunity, this is all we can do. Nothing would be more irrational than a blind faith that the police will do the right thing, given all the historical evidence to the contrary. While the press is doing its best to find bystanders to decry the “vandalism” involved, it couldn’t ignore the testimony Oakland Post reporter Ken Epstein, who was writing an article on the killing when he looked out his office window to see his Honda CRV in flames: “I’m sorry my car was burned,” Epstein admitted, “but the issue is very upsetting.”
The crisp wintry air swirled and the lights twinkled along the surface of Lake Merritt as demonstrators demolished a local McDonalds, at which point a line had clearly been crossed: a police armored personnel carrier came tearing down the street at 45 miles per hour, firing rubber bullets and sending the crowd scattering. The scene was surreal, with padded riot cops leaping off the vehicle in an effort to win an impossible footrace with younger and fitter demonstrators.
Dellums Steps In, Steps Out
From the early moments of the demonstration, the position of the mayor, Ron Dellums, was at issue. Here was a mayor with a great deal of popular respect, with longstanding civil rights credentials, but who had done little to slow the pace of police killing, among the other ongoing ills plaguing postindustrial Oakland. With tear gas swirling and the APCs circling, the mayor decided to make his appearance at around 9pm, walking the few blocks from City Hall down to 14th and Jackson to address the angry crowd himself. Several times he attempted to scurry away under hard questions that he could not answer, with the standard responses: we should all take it down a notch; there will be an investigation.
I don’t remember what it was exactly that I yelled at the mayor, but it certainly got to him. As he was leaving the crowd, he turned and walked directly up to me, putting his face a mere inches from my own.
Dellums: What I want people to do now is calm down. I’ve told the police to stand down, and I hope you all can do the same. Both sides need to be peaceful right now so we can find out exactly what happened.
Me: But we know what happened! We’ve all seen the video: A cop pulled his gun and shot an unarmed black man in the back. And you know there are reasons that certain people have guns pulled on them and others don’t.
Dellums: There are two processes currently underway…
Me: The process is if I shoot someone, I’m arrested. But if a cop shoots someone, he gets put on paid administrative leave until everyone forgets about it.
Dellums: I’m asking both sides to be peaceful…
Me: Both sides? I haven’t killed anybody, this crowd hasn’t killed anybody. The police have killed somebody, and you’re in charge of the police! Who runs this city? When will the prisoners be released?
Dellums: Soon…
Dellums then returned to City Hall, surveying the damage. But as he entered, the angry crowd booed thunderously. And despite his claim that the police had been ordered to stand down, clashes broke out immediately on the same block, more fires broke out, and more teargas was deployed. The mayor’s intervention could do little to calm Oakland’s frazzled nerves. His claim that the people have lost faith in the police rings empty for people who never had such faith in the first place, people who have seen vicious police murder after police murder without so much as an indictment.
The demonstrators continued to express their pent-up rage, engaging in running battles until nearly 11pm, when a mass arrest seems to have quelled the resistance for the moment. All in all, official numbers show 105 arrests (including 21 juveniles), more than 80 of which occurred after Dellums claims to have told OPD to stand down. Who knows if his promise of a speedy release means anything at all. Support and solidarity demonstrations are scheduled this week for the prisoners’ arraignments, and with another mass mobilization scheduled for next Wednesday, this is far from over.
Intention as Privilege
As I have said, and at the risk of controversy I will repeat: it doesn’t matter if Mehserle meant to pull the trigger. He had already assumed the role of sole arbiter over the life or death of Oscar Grant. He had already decided that Grant, by virtue of his skin color and appearance, was worth less than other citizens. And rather than acquitting the officer, all of the psychological analyses and possible explanations of the shooting that have been trotted-out in the press, and all the discussion of the irrelevant elements of Grant’s criminal history, have only proven this fundamental point.
If a young black or Latino male pulls a gun and someone winds up dead, intention is never the issue, and first-degree murder charges are on the agenda, as well as likely murder charges for anyone of the wrong color standing nearby. If we reverse the current situation, and the gun is in Oscar Grant’s hand, then racist voices would be squealing for the death penalty regardless of intention. And yet when it’s a cop pulling the trigger, all the media and public opinion resources are deployed to justify, understand, and empathize with this unconscionable act. One side is automatically condemned; the other automatically excused.
For now, the fires are out. But despite the soothing words of Barack Obama and Ron Dellums, there is no lack of fuel and no lack of spark in Oakland.
George Ciccariello-Maher is a Ph.D. candidate in political theory at UC Berkeley. He lives in Oakland, and can be reached at gjcm(at)berkeley.edu.
By GEORGE CICCARIELLO-MAHER
from CounterPunch
Oakland.
In 1968, Amory Bradford penned a volume entitled Oakland’s Not For Burning, documenting the tinderbox that the city had become, and the lamenting the inevitability with which it would explode. But the assertion contained in the book’s title was hardly credible, coming as it was from a Yale-educated former Wall Street lawyer and New York Times general manager whose only business in Oakland came via the U.S. Commerce Department. Some forty years later, in the early hours of this year of ostensible hope, the reality of the persistence of racism in Oakland became devastatingly clear, sparking a powerful response the likes of which this city hasn’t seen in years. But luckily, the condescending voices of moderation, like that of Bradford a generation prior, seem have little traction with those who have seen enough police murder.
A New Year’s Execution
After responding to reports of “a fight” on a Bay Area Rapid Transit (BART) train, BART police detained the train at the Fruitvale station, forcibly removing several young men from the train as dozens of bystanders watched. Several of the men, all young and mostly black, were lined up, seated, along the platform. Some were cuffed, Oscar Grant was not. As he was attempting to defuse the situation, BART police decided to detain him, placing him face-down on the platform, with one officer kneeling near his neck, and another straddling his legs. For some still unexplained reason, one officer, now identified as Johannes Mehserle stood up, pulled his gun, and fired a shot directly into Oscar Grant’s back.
The bullet went through Grant’s back, ricocheting off the platform and puncturing his lung. There are gasps from the bystanders and shock on the face of the other officers, who clearly didn’t expect the shot to be fired. Grant, who was begging not to be Tasered at the time of the shot, clearly didn’t expect it either. But this surprise notwithstanding, the decision was then made to cuff the young man as he lay dying. As an added precaution, BART police then sought immediately to confiscate all videophones held by the train passengers, in an effort to cover up the murder. Luckily for everyone but the BART P.D. and Mehserle, several videos managed to make it into the public domain, where they went viral and were viewed on Youtube hundreds of thousands of times in the following days. In a rare show of journalistic integrity, local Fox affiliate KTVU aired one of the videos in its entirety.
The standard protocol---deny, distort, cover-up---had clearly been disrupted, and BART spokesman Linton Johnson even went so far as to criticize the leaking of the video, arguing that rather than clarifying events, public access to the video would “taint” the investigation. BART was on a back foot, and popular anger was on the offensive.
A Corporate Police Force
BART Police are a notoriously problematic organization, existing in a gray area between public and private, funded by taxpayers but operating under a corporate structure which lacks all accountability and oversight. According to the San Francisco Bay Guardian:
The structure of the BART police force is a recipe for disaster. BART’s general manager (who is not an elected official and has no expertise in law enforcement) hires the BART police chief… There is no police commission, no police review board, not even a committee of the elected BART board designated to handle complaints against and issues with the BART police… There is, in other words, no civilian oversight.
And this “disaster” has been more than merely hypothetical: in 1992, a BART cop shot unarmed Jerrold Hall in the back of the head with a shotgun as he walked away, after firing a warning shot. In 2001, BART police shot a mentally ill man who was unarmed and naked. And according to Tim Redmond, writing in the same paper, “BART made a monumental effort to cover [the Hall slaying] up,” and in the end, “Nothing happened… BART called the shooting justified.” As of yesterday, BART hadn’t yet interviewed the officer, Johannes Mehserle, who insisted on invoking Fifth Amendment rights not to speak. And just when they claim to have compelled him to do so, he abruptly resigned, thereby ending any internal affairs investigation that may have taken place. There still remains, according to BART, a criminal investigation, but if the past is any indicator, this won’t get far.
But let’s not fool ourselves. Even publicly-run organizations like the Oakland Police Department, which has all the ties in the world to elected power, operates with an informal shoot-to-kill policy for black teenagers. This was as clear in the 2007 murder of Gary King as it is with Oscar Grant today. And since the district attorney responsible for bringing charges against the police works closely with these same police on a daily basis and in a shared enterprise of delivering convictions, we should not be surprised that not a single police murder in recent years has even seen disciplinary action. “No one we talked with,” writes the Chronicle, “from the district attorney's office to lawyers who work either side of police shootings - could remember a case in the last 20 years in which an on-duty officer had been charged in a fatal shooting in Alameda County.”
Does It Matter What Really Happened?
We have all seen the video, and rumors are swirling about how to interpret its contents. The officer clearly fires a fatal shot into Oscar Grant’s back while the latter is face-down on the floor. A flurry of “experts” have intervened to give their analysis. While such expert testimony usually functions to justify the police, even among these experts some are shocked and disgusted by what they see. One expert, after concluding that the gun had accidentally gone off, watched video from another angle, after which he changed his conclusion: “Looking at it, I hate to say this, it looks like an execution to me.”
Others are insisting that Mehserle meant to pull out his (less fatal) Taser, but this theory has since been discredited. Firstly, a Sig-Sauer handgun weighs three times what a Taser weighs, and the shape is completely distinct, and another expert noticed in the tape that the officer had previously withdrawn his Taser, located for safety reasons on the other side of his belt. In other words, he knew he was going for the gun. Hence the claim of accidental discharge, but this too raises a serious question of plausibility: when Mehserle drew his gun, Grant couldn’t see it, and so there could be no claim that it was meant to threaten the victim into passivity. In the end, if Mehserle is ever forced to give a statement, he will likely turn to the tried-and-true excuse that he “suspected” Grant had a gun in his pants.
But none of this matters, all the debate of the officer’s “intention” only serves to reinforce the fact that, while white cops are allowed to have intention, this is a quantity denied to their victims. This fact of racist double-standards is not lost on those who, realizing that there will be no “justice” in this case, have taken to the streets to demonstrate their rage at the unprovoked execution.
“I’m Feeling Pretty Violent Right About Now”
While friends and family were gathered for Grant’s funeral, a number of organizations called a demonstration where he was killed, at Fruitvale BART station. Circulating by internet and Facebook, the call reached many thousands, and in the end some 500-600 protestors and mourners came together to make speeches and lament this murder. At a makeshift memorial behind the BART station, candles are burning, and hand-written messages appear: “Oscar, we watched you grow up from a lil’ boy down the street into a man,” and “O., RIP, peaceful journey, God only pick da best.”
As an indication of the contrasting sentiments that divided the crowd, where someone had scribbled “Fuck the police,” another had covered the expletive with another message: “Forgive.” But forgiveness wasn’t on the minds of many. Several of the more radical protestors climbed onto the BART turnstiles, displaying a red, black, and green flag. One shouted:
I’ve got the mentality of my parents who were Black Panthers, I’m tired of talking, I’m thinking like L.A. in 1992. Y’all can have your megaphone speeches, I been through that, I’m black, I don’t need more speeches. Let’s take a stand today, because tomorrow ain’t promised!
While some on the mic attempted to soothe the crowd, insisting that burning up the city was “too easy” and “useless,” the message didn’t seem to resonate much with the crowd. And why should it? We were standing in the middle of “Fruitvale Village,” a corporate paradise in the middle of a historically Latino district, which clearly doesn’t belong to the local residents. It was clear where the momentum was going, as the biggest cheers went up for the more radical voices who seized the mic: “I’m feelin pretty violent right now,” one insisted, “I’m on some Malcolm X shit: by any means necessary. If I don’t see some action, I’ma cause a ruckus myself.”
Oakland Burning
While some remained to hear additional speakers, including hyphy hip-hopper Mistah FAB and the recently-founded Coalition Against Police Executions (CAPE), several hundred set out on a militant and rapidly-moving march north on International Boulevard. The police response was initially hands-off, despite the tenor of the chants: “No Justice, No Peace: Fuck the Police,” and “La Migra, La Policia: La Misma Porqueria.” If those in the passing cars and stuck in traffic were of any indication, the local population knew exactly what was going on, why we were protesting, and were largely sympathetic.
As the march wound around Lake Merritt, it turned sharply to the left, a shortcut to BART headquarters. This seems to have thrown off the police, who were clearly unprepared for what came next. A single police car, parked sideways at 8th and Madison to prevent access to the BART headquarters, became the target of the crowd’s increasing fury. Sensing the tone of the crowd, a cop reached in and grabbed her helmet before scurrying away. Within moments, the police car was destroyed and nearly flipped over, and a nearby dumpster was burning.
A few seconds later, the air was thick with teargas. Evidently, seeing their own property destroyed was too much for the police to stomach. (Note: there is no truth to the CNN report that tear gas was deployed to protect a surrounded officer). I get a noseful of teargas, and a protestor near me is shot in the stomach with a rubber bullet, and needs to be helped off, as the crowd quickly sprints north toward downtown. Passing through Chinatown, dumpsters full of fresh produce are emptied into the street to slow the march of a line of riot police. When the crowd reaches Broadway, there is momentary confusion, with some continuing straight to Old Oakland, some pushing left toward Jack London Square, and others urging a move rightward toward the city center.
The police took advantage of this momentary indecision, with a full line charge that send many of the furious demonstrators sprinting and left many arrested. When the crowd regrouped, it was promptly encircled at 14th and Broadway, and a standoff ensued. Either by design or by a predictable quirk of the police organization, nearly every riot cop in the street was white, some sneering defiantly. And if the crowd of demonstrators was largely multiethnic, it was clear by this point that the functional vanguard was composed largely of the young, black teenagers most acutely aware of their relationship to the police. There were chants of “We are all Oscar Grant!” and several protestors lay in the middle of the street with their hands behind their backs, mimicking the position in which Grant was executed.
Some small fires were set, and the police moved in again, pushing the crowd down 14th toward Lake Merritt. The spearhead of the demonstrators rushed forward to shouts of “We the police today!” smashing and torching vehicles, and while this was done out of anger it was far from irrational, as the press will certainly present it. Rather, it was the result of a very clear line of reasoning that goes something like this: we have to do something, and in the face of police impunity, this is all we can do. Nothing would be more irrational than a blind faith that the police will do the right thing, given all the historical evidence to the contrary. While the press is doing its best to find bystanders to decry the “vandalism” involved, it couldn’t ignore the testimony Oakland Post reporter Ken Epstein, who was writing an article on the killing when he looked out his office window to see his Honda CRV in flames: “I’m sorry my car was burned,” Epstein admitted, “but the issue is very upsetting.”
The crisp wintry air swirled and the lights twinkled along the surface of Lake Merritt as demonstrators demolished a local McDonalds, at which point a line had clearly been crossed: a police armored personnel carrier came tearing down the street at 45 miles per hour, firing rubber bullets and sending the crowd scattering. The scene was surreal, with padded riot cops leaping off the vehicle in an effort to win an impossible footrace with younger and fitter demonstrators.
Dellums Steps In, Steps Out
From the early moments of the demonstration, the position of the mayor, Ron Dellums, was at issue. Here was a mayor with a great deal of popular respect, with longstanding civil rights credentials, but who had done little to slow the pace of police killing, among the other ongoing ills plaguing postindustrial Oakland. With tear gas swirling and the APCs circling, the mayor decided to make his appearance at around 9pm, walking the few blocks from City Hall down to 14th and Jackson to address the angry crowd himself. Several times he attempted to scurry away under hard questions that he could not answer, with the standard responses: we should all take it down a notch; there will be an investigation.
I don’t remember what it was exactly that I yelled at the mayor, but it certainly got to him. As he was leaving the crowd, he turned and walked directly up to me, putting his face a mere inches from my own.
Dellums: What I want people to do now is calm down. I’ve told the police to stand down, and I hope you all can do the same. Both sides need to be peaceful right now so we can find out exactly what happened.
Me: But we know what happened! We’ve all seen the video: A cop pulled his gun and shot an unarmed black man in the back. And you know there are reasons that certain people have guns pulled on them and others don’t.
Dellums: There are two processes currently underway…
Me: The process is if I shoot someone, I’m arrested. But if a cop shoots someone, he gets put on paid administrative leave until everyone forgets about it.
Dellums: I’m asking both sides to be peaceful…
Me: Both sides? I haven’t killed anybody, this crowd hasn’t killed anybody. The police have killed somebody, and you’re in charge of the police! Who runs this city? When will the prisoners be released?
Dellums: Soon…
Dellums then returned to City Hall, surveying the damage. But as he entered, the angry crowd booed thunderously. And despite his claim that the police had been ordered to stand down, clashes broke out immediately on the same block, more fires broke out, and more teargas was deployed. The mayor’s intervention could do little to calm Oakland’s frazzled nerves. His claim that the people have lost faith in the police rings empty for people who never had such faith in the first place, people who have seen vicious police murder after police murder without so much as an indictment.
The demonstrators continued to express their pent-up rage, engaging in running battles until nearly 11pm, when a mass arrest seems to have quelled the resistance for the moment. All in all, official numbers show 105 arrests (including 21 juveniles), more than 80 of which occurred after Dellums claims to have told OPD to stand down. Who knows if his promise of a speedy release means anything at all. Support and solidarity demonstrations are scheduled this week for the prisoners’ arraignments, and with another mass mobilization scheduled for next Wednesday, this is far from over.
Intention as Privilege
As I have said, and at the risk of controversy I will repeat: it doesn’t matter if Mehserle meant to pull the trigger. He had already assumed the role of sole arbiter over the life or death of Oscar Grant. He had already decided that Grant, by virtue of his skin color and appearance, was worth less than other citizens. And rather than acquitting the officer, all of the psychological analyses and possible explanations of the shooting that have been trotted-out in the press, and all the discussion of the irrelevant elements of Grant’s criminal history, have only proven this fundamental point.
If a young black or Latino male pulls a gun and someone winds up dead, intention is never the issue, and first-degree murder charges are on the agenda, as well as likely murder charges for anyone of the wrong color standing nearby. If we reverse the current situation, and the gun is in Oscar Grant’s hand, then racist voices would be squealing for the death penalty regardless of intention. And yet when it’s a cop pulling the trigger, all the media and public opinion resources are deployed to justify, understand, and empathize with this unconscionable act. One side is automatically condemned; the other automatically excused.
For now, the fires are out. But despite the soothing words of Barack Obama and Ron Dellums, there is no lack of fuel and no lack of spark in Oakland.
George Ciccariello-Maher is a Ph.D. candidate in political theory at UC Berkeley. He lives in Oakland, and can be reached at gjcm(at)berkeley.edu.
Thursday, July 31, 2008
Man Shot by Officers Critical
By Hailey Heinz, Journal Staff Writer
A man who initially called authorities to his home complaining of chest pain was in critical condition Wednesday after he refused treatment, said he had a gun, and was shot by officers.
Fire officials were called to the man's home on the 9700 block of Mesa Arriba NE and told the man they wanted to take him to the hospital for treatment, Albuquerque police spokeswoman Nadine Hamby said. The man, who police said is in his 30s, then became agitated and told them he had a weapon.
Firefighters withdrew and called police, who arrived at the home and got the man's family out of the house. The man also left the house, and police saw that he had a handgun, Hamby said. She said the man ignored police commands and appeared to be walking toward a neighbor's house when the officers shot him. It was unclear Wednesday whether all three officers fired or who hit him, but all were considered "involved," Hamby said.
The three have been placed on paid administrative leave while the department investigates the incident.
The man was taken to University of New Mexico Hospital with gunshot wounds, where he was in critical condition Wednesday night. Hamby declined to say whether police had previously been called to the house or whether the man had a criminal record. She also declined to say whether the man drew his gun or whether officers were armed with less-lethal weapons such as rubber bullets or stun guns.
Bryan Andrada, a neighbor, was riding his bicycle past the man's home when the shooting happened about 6 p.m. Andrada said he had seen police cars in the neighborhood and went to get a closer look when an officer with a drawn gun warned him not to get any closer. He said he couldn't hear the words between the officers and the victim but saw police shoot and watched the man fall. He said five shots were fired.
"To see somebody just go limp like that, it's pretty disturbing," he said. Andrada said he didn't see the man draw his gun or point it at officers.
Neighbors clustered near the shooting scene said the neighborhood is usually quiet, and even close neighbors said they didn't know the victim, who was a renter.
"It's such a quiet neighborhood," said Karen Armstrong, who has lived there for 14 years. "We put in speed bumps because speeders were our biggest concern."
A man who initially called authorities to his home complaining of chest pain was in critical condition Wednesday after he refused treatment, said he had a gun, and was shot by officers.
Fire officials were called to the man's home on the 9700 block of Mesa Arriba NE and told the man they wanted to take him to the hospital for treatment, Albuquerque police spokeswoman Nadine Hamby said. The man, who police said is in his 30s, then became agitated and told them he had a weapon.
Firefighters withdrew and called police, who arrived at the home and got the man's family out of the house. The man also left the house, and police saw that he had a handgun, Hamby said. She said the man ignored police commands and appeared to be walking toward a neighbor's house when the officers shot him. It was unclear Wednesday whether all three officers fired or who hit him, but all were considered "involved," Hamby said.
The three have been placed on paid administrative leave while the department investigates the incident.
The man was taken to University of New Mexico Hospital with gunshot wounds, where he was in critical condition Wednesday night. Hamby declined to say whether police had previously been called to the house or whether the man had a criminal record. She also declined to say whether the man drew his gun or whether officers were armed with less-lethal weapons such as rubber bullets or stun guns.
Bryan Andrada, a neighbor, was riding his bicycle past the man's home when the shooting happened about 6 p.m. Andrada said he had seen police cars in the neighborhood and went to get a closer look when an officer with a drawn gun warned him not to get any closer. He said he couldn't hear the words between the officers and the victim but saw police shoot and watched the man fall. He said five shots were fired.
"To see somebody just go limp like that, it's pretty disturbing," he said. Andrada said he didn't see the man draw his gun or point it at officers.
Neighbors clustered near the shooting scene said the neighborhood is usually quiet, and even close neighbors said they didn't know the victim, who was a renter.
"It's such a quiet neighborhood," said Karen Armstrong, who has lived there for 14 years. "We put in speed bumps because speeders were our biggest concern."
Tuesday, June 12, 2007
Details of APD SWAT shooting revealed in search warrant
By Michael Gisick, Albuquerque Tribune
An Albuquerque SWAT officer fired a gunshot into a house where a knife-wielding man had barricaded himself and his daughter, according to a search warrant. Moments later, officers stormed the house and shot and killed the man.
The warrant, filed Monday, offers new details on the confrontation between police and Jay Martin Murphy, 42.
Murphy was killed June 5. Police say he threatened officers and his 14-year-old daughter with a 12- to 14-inch knife.
According to the warrant, police were called to 1608 Spence St. S.E. at about 1 p.m. June 5 after a report that Murphy was in his front yard with a knife.
A uniformed officer found Murphy driving through the neighborhood and followed. Murphy threw a beer bottle out the window of his truck, the warrant says.
Murphy then returned to his house on Spence Street and, after walking toward the front door, turned toward the officer while holding the knife. His son, Jay Murphy Jr., 19, exited the house and "advised the officer his dad was `harmless' and tried to calm the situation down," the warrant says.
As Murphy Jr. and the first officer continued talking, a second officer arrived and found Murphy Sr. standing on the porch. Murphy threw a beer bottle at the officer and started throwing other items from the porch before retreating behind a wrought-iron screen door.
Murphy's daughter, Mariah, tried to leave the house but Murphy grabbed her arm and told her, "You are not going anywhere," the warrant says. Before he closed the house's front door, officers also heard Murphy say, "Shoot me," "Shoot the knife" and "I see you guys with guns."
A SWAT team arrived at the scene and decided to force its way into the house after determining Murphy's daughter was in immediate danger.
"Prior to the entry into the residence, a SWAT officer observed Jay Sr. make an aggressive move toward Mariah and believed her life was in danger and fired one shot into the residence from an outside location," the warrant says.
As officers stormed the house, "Jay Sr. attempted to stab one of the officers" and was shot, according to the warrant. He was taken to University of New Mexico Hospital, where he was pronounced dead.
Police spokesman John Walsh said the officers involved in the shooting have been cleared to return to work after a standard, three-day paid leave.
The officers who shot Murphy have been identified as Josh Brown and Russ Carter. Both are 10-year veterans.
Asked whether it would be unusual for an officer to fire into a house where someone had been taken a hostage, Walsh said:
"There's no way to say whether it would be unusual or not. Every single scene is different and fluid and dependent on human events."
The mother of Murphy's two children told police that Murphy had a history of using crack cocaine and other drugs, according to the search warrant.
Murphy had faced several domestic violence charges, including aggravated assault on a household member and child abuse.
An Albuquerque SWAT officer fired a gunshot into a house where a knife-wielding man had barricaded himself and his daughter, according to a search warrant. Moments later, officers stormed the house and shot and killed the man.
The warrant, filed Monday, offers new details on the confrontation between police and Jay Martin Murphy, 42.
Murphy was killed June 5. Police say he threatened officers and his 14-year-old daughter with a 12- to 14-inch knife.
According to the warrant, police were called to 1608 Spence St. S.E. at about 1 p.m. June 5 after a report that Murphy was in his front yard with a knife.
A uniformed officer found Murphy driving through the neighborhood and followed. Murphy threw a beer bottle out the window of his truck, the warrant says.
Murphy then returned to his house on Spence Street and, after walking toward the front door, turned toward the officer while holding the knife. His son, Jay Murphy Jr., 19, exited the house and "advised the officer his dad was `harmless' and tried to calm the situation down," the warrant says.
As Murphy Jr. and the first officer continued talking, a second officer arrived and found Murphy Sr. standing on the porch. Murphy threw a beer bottle at the officer and started throwing other items from the porch before retreating behind a wrought-iron screen door.
Murphy's daughter, Mariah, tried to leave the house but Murphy grabbed her arm and told her, "You are not going anywhere," the warrant says. Before he closed the house's front door, officers also heard Murphy say, "Shoot me," "Shoot the knife" and "I see you guys with guns."
A SWAT team arrived at the scene and decided to force its way into the house after determining Murphy's daughter was in immediate danger.
"Prior to the entry into the residence, a SWAT officer observed Jay Sr. make an aggressive move toward Mariah and believed her life was in danger and fired one shot into the residence from an outside location," the warrant says.
As officers stormed the house, "Jay Sr. attempted to stab one of the officers" and was shot, according to the warrant. He was taken to University of New Mexico Hospital, where he was pronounced dead.
Police spokesman John Walsh said the officers involved in the shooting have been cleared to return to work after a standard, three-day paid leave.
The officers who shot Murphy have been identified as Josh Brown and Russ Carter. Both are 10-year veterans.
Asked whether it would be unusual for an officer to fire into a house where someone had been taken a hostage, Walsh said:
"There's no way to say whether it would be unusual or not. Every single scene is different and fluid and dependent on human events."
The mother of Murphy's two children told police that Murphy had a history of using crack cocaine and other drugs, according to the search warrant.
Murphy had faced several domestic violence charges, including aggravated assault on a household member and child abuse.
Thursday, June 7, 2007
Albuquerque Police Identify Man Shot by Officers
Associated Press
Albuquerque police have released the identity of a man who was fatally shot by officers.
Jay Martin Murphy, 42, was killed Tuesday after barricading himself inside an Albuquerque home with his teenage daughter, authorities said.
He was armed with a knife and at one point threw bottles at officers, police said.
Albuquerque police spokesman John Walsh did not release the identities of the two police officers who fired their weapons. The officers are on standard three-day paid leave, he said.
Police have said Murphy had previous run-ins with the law, including arrests on charges of aggravated assault on a peace officer, vehicle theft, criminal trespass, battery and child abuse.
Albuquerque police have released the identity of a man who was fatally shot by officers.
Jay Martin Murphy, 42, was killed Tuesday after barricading himself inside an Albuquerque home with his teenage daughter, authorities said.
He was armed with a knife and at one point threw bottles at officers, police said.
Albuquerque police spokesman John Walsh did not release the identities of the two police officers who fired their weapons. The officers are on standard three-day paid leave, he said.
Police have said Murphy had previous run-ins with the law, including arrests on charges of aggravated assault on a peace officer, vehicle theft, criminal trespass, battery and child abuse.
Friday, June 1, 2007
Zap! You're on APD's new Taser camera
By Christopher Sanchez, Albuquerque Tribune
The Albuquerque Police Department is getting more cameras, but they're not to catch people running red lights.
The department will evaluate 20 Tasers with video cameras attached to them starting next week, city officials said Thursday. The cameras are intended to document incidents when the stun guns are fired.
Though Tasers are an important alternative to lethal force, they can be deadly, Mayor Martin Chavez said at a news conference. The cameras will increase accountability for officers and for people getting arrested, Chavez said.
"So there are no questions at the end of the day," he said. "It simply gives us a record."
Stun-gun usage has become a nationwide issue in recent years. According to a 2006 report by Amnesty International, 152 people died in the United States since 2001 after being shocked by the devices.
There haven't been any Taser-related deaths or lawsuits related to their use in Albuquerque this year, Albuquerque police spokeswoman Trish Hoffman said.
In May 2005, a 40-year-old Albuquerque man died after officers used Tasers to subdue him. Police said he suffered a heart attack and that his behavior suggested he had taken some kind of drug.
The Taser cameras cost about $850 each and can record 75 minutes of footage.
Once the Taser is charged and ready to fire, the camera records audio and video. Infrared technology allows the device to record at night.
Albuquerque police will be one of the first agencies in the state to try the device, Chief Ray Schultz said.
Schultz said the department will evaluate the technology for three to six months.
"If we see good results, we'll go forward with ordering more," he said.
The department has more than 400 Tasers, Schultz said.
The Albuquerque Police Department is getting more cameras, but they're not to catch people running red lights.
The department will evaluate 20 Tasers with video cameras attached to them starting next week, city officials said Thursday. The cameras are intended to document incidents when the stun guns are fired.
Though Tasers are an important alternative to lethal force, they can be deadly, Mayor Martin Chavez said at a news conference. The cameras will increase accountability for officers and for people getting arrested, Chavez said.
"So there are no questions at the end of the day," he said. "It simply gives us a record."
Stun-gun usage has become a nationwide issue in recent years. According to a 2006 report by Amnesty International, 152 people died in the United States since 2001 after being shocked by the devices.
There haven't been any Taser-related deaths or lawsuits related to their use in Albuquerque this year, Albuquerque police spokeswoman Trish Hoffman said.
In May 2005, a 40-year-old Albuquerque man died after officers used Tasers to subdue him. Police said he suffered a heart attack and that his behavior suggested he had taken some kind of drug.
The Taser cameras cost about $850 each and can record 75 minutes of footage.
Once the Taser is charged and ready to fire, the camera records audio and video. Infrared technology allows the device to record at night.
Albuquerque police will be one of the first agencies in the state to try the device, Chief Ray Schultz said.
Schultz said the department will evaluate the technology for three to six months.
"If we see good results, we'll go forward with ordering more," he said.
The department has more than 400 Tasers, Schultz said.
Tuesday, May 22, 2007
Family Presses City to Re-Examine Case
Tuesday, May 22, 2007
By Jeff Proctor
Journal Staff Writer
The family of a grandmother who was killed a year ago Monday when an Albuquerque Police officer struck her with his squad car wants the case re-examined.
And if Police Chief Ray Schultz, Sheriff Darren White and District Attorney Kari Brandenburg won't take another look at the circumstances surrounding Flora Aragon's death, "we'll hit the streets with petitions and let the voters decide whether these people should still have jobs," Aragon's granddaughter, Denise Baker, said during a rally Downtown on Monday. "We won't stop until police officers stop thinking they are above the law."
On May 21, 2006, officer Zachariah Floyd was responding to a domestic violence call in which a man was trying to remove a child from a home just after midnight near 53rd and Central. On the way, his car hit a block wall and went into a yard where Aragon was outside chatting with family. The car pinned Aragon against a table, killing her.
A grand jury in March decided not to indict Floyd.
Baker and other family members have filed a civil wrongful death lawsuit against Floyd and the city of Albuquerque. It is pending.
On Monday, members of the family and local watchdog group Vecinos United signed a citizen's arrest warrant for Floyd and letters to the City Council and Brandenburg asking for a criminal trial.
The group— about 20 people at its largest— marched with picket signs from police headquarters to City Council chambers, where the council was meeting.
Baker walked to the front of the room and asked to present "some paperwork," to which Council President Debbie O'Malley replied: "Excuse me, you're out of order."
By Jeff Proctor
Journal Staff Writer
The family of a grandmother who was killed a year ago Monday when an Albuquerque Police officer struck her with his squad car wants the case re-examined.
And if Police Chief Ray Schultz, Sheriff Darren White and District Attorney Kari Brandenburg won't take another look at the circumstances surrounding Flora Aragon's death, "we'll hit the streets with petitions and let the voters decide whether these people should still have jobs," Aragon's granddaughter, Denise Baker, said during a rally Downtown on Monday. "We won't stop until police officers stop thinking they are above the law."
On May 21, 2006, officer Zachariah Floyd was responding to a domestic violence call in which a man was trying to remove a child from a home just after midnight near 53rd and Central. On the way, his car hit a block wall and went into a yard where Aragon was outside chatting with family. The car pinned Aragon against a table, killing her.
A grand jury in March decided not to indict Floyd.
Baker and other family members have filed a civil wrongful death lawsuit against Floyd and the city of Albuquerque. It is pending.
On Monday, members of the family and local watchdog group Vecinos United signed a citizen's arrest warrant for Floyd and letters to the City Council and Brandenburg asking for a criminal trial.
The group— about 20 people at its largest— marched with picket signs from police headquarters to City Council chambers, where the council was meeting.
Baker walked to the front of the room and asked to present "some paperwork," to which Council President Debbie O'Malley replied: "Excuse me, you're out of order."
Monday, May 21, 2007
Group calls for citizen's arrest of cop in fatal crash
By Michael Gisick, The Albuquerque Tribune
Monday, May 21, 2007
A police watchdog group is seeking the citizen's arrest of an Albuquerque police officer involved in a fatal wreck last year.
New Mexico Vecinos United is also calling for the resignations of Albuquerque Police Chief Ray Schultz and Bernalillo County Sheriff Darren White, charging both with condoning abuses by their officers.
A letter calling for the resignations will be handed over to city and county officials during a protest today, Vecinos United director Andres Valdez said. The protest marks the one-year anniversary of the crash that left 74-year-old Flora Aragon dead.
A grand jury this year cleared APD Officer Zachariah Floyd of criminal wrongdoing in the crash.
An APD investigation found that he was speeding through a South Valley neighborhood while responding to a domestic violence call when he swerved to avoid another vehicle and hit a wall outside Aragon's home. The wall collapsed, killing Aragon and injuring two other people.
Valdez said the group will hand over a "citizen's arrest warrant" against Floyd as part of the protest, scheduled to begin at 4 p.m. outside the main police station Downtown.
"We're going to present it to the chief and see what the response is," Valdez said. "We're not going to grab (Floyd) and use excessive force against him."
Valdez said the "warrant" has not been signed by a judge.
"And we probably won't find one who will sign it," he added.
APD spokeswoman Trish Hoffman said a warrant without a judge's signature has no legal standing. She said she'd never heard of private citizens swearing out an arrest warrant.
"There's a process in place, and it was followed," Hoffman said of the Floyd case. "The grand jury determined that no crime was committed."
Aragon's family has filed a wrongful death suit against APD, said Aragon's granddaughter, Denise Baker.
The letter from Vecinos United claims officers initially called in the crash that killed Aragon as a minor traffic accident, and that as a result emergency medical responders weren't prepared to treat her injuries.
It also claims police tried to have firefighters wash away blood at the scene to destroy evidence.
Baker said she hopes the arrest warrant, which was her idea, will prompt a second look at the case.
"We don't know what was presented" to the grand jury, whose proceedings are secret, Baker said. "We want another court to look at this."
Baker said the failure to prosecute Floyd left the impression that police officers are "above the law, in some cases."
Vecinos United charges Schultz with condoning abuses by officers in several cases, including Aragon's.
"Thank God most police officers are reputable and good officers," the letter to Schultz states. "You are not one of them."
But, it continues, "You must resign so that there may be some hope for a police chief that would get rid of officers that hurt, kill and abuse human beings."
A letter to White employs similar language and says the group calls for his resignation with "much joy."
Valdez was instrumental in pushing for the creation of APD's independent Police Oversight Commission after a series of police shootings in the late 1990s. He's since been critical of the commission, saying it sides too often with police.
An attempt to make a citizen's arrest of a law enforcement official is not without precedent in New Mexico.
As Valdez noted, Chicano land rights leader Reyes Lopez Tijerina used the proposed citizen's arrest of a district attorney as the basis for the famed 1967 raid on the Rio Arriba County Courthouse in Tierra Amarilla.
"That's not to say we're intending to raid anything," Valdez said. "We're not."
Monday, May 21, 2007
A police watchdog group is seeking the citizen's arrest of an Albuquerque police officer involved in a fatal wreck last year.
New Mexico Vecinos United is also calling for the resignations of Albuquerque Police Chief Ray Schultz and Bernalillo County Sheriff Darren White, charging both with condoning abuses by their officers.
A letter calling for the resignations will be handed over to city and county officials during a protest today, Vecinos United director Andres Valdez said. The protest marks the one-year anniversary of the crash that left 74-year-old Flora Aragon dead.
A grand jury this year cleared APD Officer Zachariah Floyd of criminal wrongdoing in the crash.
An APD investigation found that he was speeding through a South Valley neighborhood while responding to a domestic violence call when he swerved to avoid another vehicle and hit a wall outside Aragon's home. The wall collapsed, killing Aragon and injuring two other people.
Valdez said the group will hand over a "citizen's arrest warrant" against Floyd as part of the protest, scheduled to begin at 4 p.m. outside the main police station Downtown.
"We're going to present it to the chief and see what the response is," Valdez said. "We're not going to grab (Floyd) and use excessive force against him."
Valdez said the "warrant" has not been signed by a judge.
"And we probably won't find one who will sign it," he added.
APD spokeswoman Trish Hoffman said a warrant without a judge's signature has no legal standing. She said she'd never heard of private citizens swearing out an arrest warrant.
"There's a process in place, and it was followed," Hoffman said of the Floyd case. "The grand jury determined that no crime was committed."
Aragon's family has filed a wrongful death suit against APD, said Aragon's granddaughter, Denise Baker.
The letter from Vecinos United claims officers initially called in the crash that killed Aragon as a minor traffic accident, and that as a result emergency medical responders weren't prepared to treat her injuries.
It also claims police tried to have firefighters wash away blood at the scene to destroy evidence.
Baker said she hopes the arrest warrant, which was her idea, will prompt a second look at the case.
"We don't know what was presented" to the grand jury, whose proceedings are secret, Baker said. "We want another court to look at this."
Baker said the failure to prosecute Floyd left the impression that police officers are "above the law, in some cases."
Vecinos United charges Schultz with condoning abuses by officers in several cases, including Aragon's.
"Thank God most police officers are reputable and good officers," the letter to Schultz states. "You are not one of them."
But, it continues, "You must resign so that there may be some hope for a police chief that would get rid of officers that hurt, kill and abuse human beings."
A letter to White employs similar language and says the group calls for his resignation with "much joy."
Valdez was instrumental in pushing for the creation of APD's independent Police Oversight Commission after a series of police shootings in the late 1990s. He's since been critical of the commission, saying it sides too often with police.
An attempt to make a citizen's arrest of a law enforcement official is not without precedent in New Mexico.
As Valdez noted, Chicano land rights leader Reyes Lopez Tijerina used the proposed citizen's arrest of a district attorney as the basis for the famed 1967 raid on the Rio Arriba County Courthouse in Tierra Amarilla.
"That's not to say we're intending to raid anything," Valdez said. "We're not."
Wednesday, March 21, 2007
Officer Won't Be Charged in Death
Wednesday, March 21, 2007
By T.J. Wilham
Journal Staff Writer
A 12-member grand jury decided this week not to indict an Albuquerque police officer whose speeding patrol car struck and killed a grandmother in May.
Family members of 73-year-old Flora Aragon said Tuesday they are angry at the justice system and feel that officer Zachariah Floyd should be charged with something.
"We don't think it is right. We don't think it is fair," said Aragon's granddaughter Denise Baker. "Police officers can do whatever they want. They pretty much own our streets. If it was you or I, we would be sitting in front of a judge right now being sentenced."
On May 21, officer Floyd, 23, was responding to a domestic violence call in which a man was trying to remove a child from a home just after midnight near 53rd and Central. On the way, his car hit a block wall and went into a yard where Aragon was outside chatting with family members. The car pinned Aragon against a picnic table, killing her.
Floyd was trying to pass a truck on a two-lane street when the vehicle turned in front of him, causing the officer to swerve and lose control.
During a six-month internal affairs investigation, police determined that Floyd was driving his cruiser 43 mph in a 25-mph zone.
In January, police Chief Ray Schultz suspended Floyd for three weeks without pay for speeding and making a dangerous pass.
Deputy District Attorney Gary Cade said his office presented to the grand jury witnesses who saw what happened, and who were not police officers.
He also noted that a multi-jurisdictional team investigated the crash and rendered its findings to the grand jury.
"We presented information about what happened, and we did not attempt to shade it one way or the other," Cade said. "We presented information from almost all of the witnesses, and the grand jury made its decision and we respect that."
By T.J. Wilham
Journal Staff Writer
A 12-member grand jury decided this week not to indict an Albuquerque police officer whose speeding patrol car struck and killed a grandmother in May.
Family members of 73-year-old Flora Aragon said Tuesday they are angry at the justice system and feel that officer Zachariah Floyd should be charged with something.
"We don't think it is right. We don't think it is fair," said Aragon's granddaughter Denise Baker. "Police officers can do whatever they want. They pretty much own our streets. If it was you or I, we would be sitting in front of a judge right now being sentenced."
On May 21, officer Floyd, 23, was responding to a domestic violence call in which a man was trying to remove a child from a home just after midnight near 53rd and Central. On the way, his car hit a block wall and went into a yard where Aragon was outside chatting with family members. The car pinned Aragon against a picnic table, killing her.
Floyd was trying to pass a truck on a two-lane street when the vehicle turned in front of him, causing the officer to swerve and lose control.
During a six-month internal affairs investigation, police determined that Floyd was driving his cruiser 43 mph in a 25-mph zone.
In January, police Chief Ray Schultz suspended Floyd for three weeks without pay for speeding and making a dangerous pass.
Deputy District Attorney Gary Cade said his office presented to the grand jury witnesses who saw what happened, and who were not police officers.
He also noted that a multi-jurisdictional team investigated the crash and rendered its findings to the grand jury.
"We presented information about what happened, and we did not attempt to shade it one way or the other," Cade said. "We presented information from almost all of the witnesses, and the grand jury made its decision and we respect that."
Wednesday, March 7, 2007
Eyewitness Testimony Conflicting
By Carolyn Carlson, Journal Staff Writer
Jurors heard conflicting testimony between eyewitnesses in a civil wrongful death trial against two Albuquerque Police Department officers in the fatal shooting of a 17-year-old.
On Nov. 29, 2003, Eric Harrison was shot in the back by officer Matthew Thompson outside the police training academy near Montaño and Second NW during an incident between Harrison and then-54-year-old Cipriano Salazar, according to police reports.
The lawsuit contends the officers used excessive force and were negligent and reckless.
Officer Brad Ahrensfield was named in the lawsuit along with the city and Thompson. But after the plaintiffs rested their case Tuesday afternoon, U.S. District Judge James Parker dismissed Ahrensfield from the lawsuit saying there had not been any evidence to show Ahrensfield breached his duty as an officer.
Plaintiffs attorneys Miguel Campos and Phillip A. Martinez claimed that while Ahrensfield did not fire his weapon, he 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.
Parker also dismissed the city from the claim saying the plaintiffs did not present any evidence the officers were not properly trained. Parker also dismissed punitive damages from the claim saying there had not been any evidence presented showing the officers were reckless or negligent.
Honor roll
Martinez and Campos put Harrison's mother, Maria E. Chavez, on the stand. Chavez testified she was in prison at the time of her son's death. She said her son was on the honor roll in middle school and was chosen to go to Washington, D.C., because he was on the honor roll and because he was a good student.
"When Mr. Thompson took my son he took a part of my heart," Chavez said through tears.
During cross examination, Levy brought out that Harrison actually spent little time being raised by Chavez. Instead, Harrison lived with Chavez's mother, an aunt and her brother or sister. Chavez testified she was a crack addict and stole to support her habit before going to prison. Chavez was released from prison in January 2005.
"The most consistent role model mother was your mother, right?" Levy asked.
"Yes, I wanted him to be where he was well taken care of," Chavez said.
Chavez said Harrison would live with her on and off depending on how stable she was.
Along with Harrison, Chavez has three other sons younger than Harrison and from a different father.
Harrison's father spent 16 years in prison and did not have any contact with his son after he was released, Chavez said.
Chavez said Harrison dropped out of high school in the 10th grade when she moved to a different school district.
The eyewitness testimony was from two women who gave Harrison a ride so he could follow Salazar to get his bicycle back. The two eyewitnesses and Harrison followed Salazar to APD's Valley substation and training center parking lot, near the Montaño and Second Street intersection, where the shooting occurred.
Testimony from the first witness, Letisha Gonzales, was a reading of transcripts from her October 2006 deposition. Campos said they were unable to locate Gonzales for the trial.
The second eyewitness to testify was Janice Martinez Crawford. Crawford was sentenced to 18 years in prison last week in Bernalillo County District Court after being convicted of multiple counts of trafficking crack cocaine.
Gonzales testified she and Crawford went to the Walgreens at Fourth and Montaño on Nov. 29, 2003, to pick up some items for dinner. Gonzales said she saw Salazar hit Harrison in the face in the store's parking lot. She said she and Crawford gave Harrison a ride so he could follow Salazar. She said she believed Salazar had stolen Harrison's bike. She said they followed Salazar to the parking lot of APD's Valley substation and training academy. She said she never saw Harrison strike Salazar with the T-ball bat. She said Harrison did not even have the bat in his hand when he was shot. She also said that after she saw Harrison get shot she jumped out of Crawford's truck and ran towards the officer who shot Harrison. She said she was yelling "Why, why did you have to shoot him?" She said the officer then pointed a gun to her head and told her that for her "own good" she should not tell anyone anything about this incident.
Conflicting tales
Crawford's testimony differed. She testified that while waiting in the Walgreens parking lot she saw Salazar get on a bicycle and Harrison tell Salazar to give him back his bicycle.
"The older man pushed the child to the ground and the back tire ran over the child's ankle," Crawford said.
She said Harrison chased Salazar out of the parking lot on foot when she stopped her truck and asked Harrison if he needed help. She said Harrison jumped in the bed of the truck and they followed Salazar. They lost sight of him at one point but saw him again at the APD parking lot. She said she drove to the parking lot and Harrison jumped out of the truck with her son's T-ball bat that was in the bed. She said Harrison followed Salazar to the doors of the training center.
"Eric had hit him and was getting ready to hit him again when I heard shots being fired," Crawford said.
Crawford said to the best of her memory, Gonzales did not get out of the truck until officers told them to get on the ground. She did say officers had their guns drawn and pointed at them until she and Gonzales were handcuffed. She said they were unhandcuffed when officers took them, separately, into the Valley substation for questioning.
Deputy City Attorney Kathryn Levy while cross examining Crawford brought out that in a prior statement Crawford said Harrison was "raging mad" when he jumped out of her truck to go after Salazar with the T-ball bat.
She said she did not remember many of the details from that day because it was so long ago.
Levy reaffirmed through her cross examination that Crawford saw Harrison with the bat raised and ready to strike again when Thompson fired his gun.
After the shooting, Salazar was taken to a hospital and was released four days later.
The plaintiffs rested their case after Crawford's testimony.
Levy put Thompson on the stand as the defense's first witness.
Thompson said he confronted the situation on Nov. 29, 2003, when he was leaving APD's training center after SWAT training. At first when he saw an older man on a bicycle being followed by the truck with Harrison in the back he thought it was a police cadet training exercise.
When he realized it was not, he went over to where he saw Harrison hitting Salazar with the bat.
Thompson said he heard Harrison tell Salazar, "Do you think the cops will be able to help you?"
Thompson said he gave several clear commands to Harrison to stop what he was doing. He said he saw Harrison strike Salazar twice with the bat and raise it a third time when he fired two shots hitting Harrison.
"I believed the male with the bat was about to murder the victim on the ground," Thompson said. "I had no other choice."
He testified that police officers are trained to use deadly force if they feel their life or the life of another is being threatened.
The defense continues today, and the jury is expected to get the case by midafternoon.
Jurors heard conflicting testimony between eyewitnesses in a civil wrongful death trial against two Albuquerque Police Department officers in the fatal shooting of a 17-year-old.
On Nov. 29, 2003, Eric Harrison was shot in the back by officer Matthew Thompson outside the police training academy near Montaño and Second NW during an incident between Harrison and then-54-year-old Cipriano Salazar, according to police reports.
The lawsuit contends the officers used excessive force and were negligent and reckless.
Officer Brad Ahrensfield was named in the lawsuit along with the city and Thompson. But after the plaintiffs rested their case Tuesday afternoon, U.S. District Judge James Parker dismissed Ahrensfield from the lawsuit saying there had not been any evidence to show Ahrensfield breached his duty as an officer.
Plaintiffs attorneys Miguel Campos and Phillip A. Martinez claimed that while Ahrensfield did not fire his weapon, he 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.
Parker also dismissed the city from the claim saying the plaintiffs did not present any evidence the officers were not properly trained. Parker also dismissed punitive damages from the claim saying there had not been any evidence presented showing the officers were reckless or negligent.
Honor roll
Martinez and Campos put Harrison's mother, Maria E. Chavez, on the stand. Chavez testified she was in prison at the time of her son's death. She said her son was on the honor roll in middle school and was chosen to go to Washington, D.C., because he was on the honor roll and because he was a good student.
"When Mr. Thompson took my son he took a part of my heart," Chavez said through tears.
During cross examination, Levy brought out that Harrison actually spent little time being raised by Chavez. Instead, Harrison lived with Chavez's mother, an aunt and her brother or sister. Chavez testified she was a crack addict and stole to support her habit before going to prison. Chavez was released from prison in January 2005.
"The most consistent role model mother was your mother, right?" Levy asked.
"Yes, I wanted him to be where he was well taken care of," Chavez said.
Chavez said Harrison would live with her on and off depending on how stable she was.
Along with Harrison, Chavez has three other sons younger than Harrison and from a different father.
Harrison's father spent 16 years in prison and did not have any contact with his son after he was released, Chavez said.
Chavez said Harrison dropped out of high school in the 10th grade when she moved to a different school district.
The eyewitness testimony was from two women who gave Harrison a ride so he could follow Salazar to get his bicycle back. The two eyewitnesses and Harrison followed Salazar to APD's Valley substation and training center parking lot, near the Montaño and Second Street intersection, where the shooting occurred.
Testimony from the first witness, Letisha Gonzales, was a reading of transcripts from her October 2006 deposition. Campos said they were unable to locate Gonzales for the trial.
The second eyewitness to testify was Janice Martinez Crawford. Crawford was sentenced to 18 years in prison last week in Bernalillo County District Court after being convicted of multiple counts of trafficking crack cocaine.
Gonzales testified she and Crawford went to the Walgreens at Fourth and Montaño on Nov. 29, 2003, to pick up some items for dinner. Gonzales said she saw Salazar hit Harrison in the face in the store's parking lot. She said she and Crawford gave Harrison a ride so he could follow Salazar. She said she believed Salazar had stolen Harrison's bike. She said they followed Salazar to the parking lot of APD's Valley substation and training academy. She said she never saw Harrison strike Salazar with the T-ball bat. She said Harrison did not even have the bat in his hand when he was shot. She also said that after she saw Harrison get shot she jumped out of Crawford's truck and ran towards the officer who shot Harrison. She said she was yelling "Why, why did you have to shoot him?" She said the officer then pointed a gun to her head and told her that for her "own good" she should not tell anyone anything about this incident.
Conflicting tales
Crawford's testimony differed. She testified that while waiting in the Walgreens parking lot she saw Salazar get on a bicycle and Harrison tell Salazar to give him back his bicycle.
"The older man pushed the child to the ground and the back tire ran over the child's ankle," Crawford said.
She said Harrison chased Salazar out of the parking lot on foot when she stopped her truck and asked Harrison if he needed help. She said Harrison jumped in the bed of the truck and they followed Salazar. They lost sight of him at one point but saw him again at the APD parking lot. She said she drove to the parking lot and Harrison jumped out of the truck with her son's T-ball bat that was in the bed. She said Harrison followed Salazar to the doors of the training center.
"Eric had hit him and was getting ready to hit him again when I heard shots being fired," Crawford said.
Crawford said to the best of her memory, Gonzales did not get out of the truck until officers told them to get on the ground. She did say officers had their guns drawn and pointed at them until she and Gonzales were handcuffed. She said they were unhandcuffed when officers took them, separately, into the Valley substation for questioning.
Deputy City Attorney Kathryn Levy while cross examining Crawford brought out that in a prior statement Crawford said Harrison was "raging mad" when he jumped out of her truck to go after Salazar with the T-ball bat.
She said she did not remember many of the details from that day because it was so long ago.
Levy reaffirmed through her cross examination that Crawford saw Harrison with the bat raised and ready to strike again when Thompson fired his gun.
After the shooting, Salazar was taken to a hospital and was released four days later.
The plaintiffs rested their case after Crawford's testimony.
Levy put Thompson on the stand as the defense's first witness.
Thompson said he confronted the situation on Nov. 29, 2003, when he was leaving APD's training center after SWAT training. At first when he saw an older man on a bicycle being followed by the truck with Harrison in the back he thought it was a police cadet training exercise.
When he realized it was not, he went over to where he saw Harrison hitting Salazar with the bat.
Thompson said he heard Harrison tell Salazar, "Do you think the cops will be able to help you?"
Thompson said he gave several clear commands to Harrison to stop what he was doing. He said he saw Harrison strike Salazar twice with the bat and raise it a third time when he fired two shots hitting Harrison.
"I believed the male with the bat was about to murder the victim on the ground," Thompson said. "I had no other choice."
He testified that police officers are trained to use deadly force if they feel their life or the life of another is being threatened.
The defense continues today, and the jury is expected to get the case by midafternoon.
Tuesday, March 6, 2007
Trial Begins In Death; Police Sued Over Shooting of Teen
Tuesday, March 6, 2007
By Carolyn Carlson
Journal Staff Writer
Attorneys in a civil wrongful death trial against two Albuquerque Police Department officers began to paint a picture of events leading up to the fatal shooting of 17-year-old Eric Harrison in 2003.
"There are two sides to every story or we would not be here," Phillip A. Martinez, one of Harrison's family attorneys, said during opening statements in the federal trial.
On Nov. 29, 2003, 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, according to police reports.
Officer Brad Ahrensfield is also named in the lawsuit.
Martinez and attorney Miguel Campos filed the lawsuit on Nov. 28, 2005, the day before the statute of limitations would have run out.
On Monday, Martinez said Harrison was a good kid who had been punched in the face by Salazar when Harrison tried to get his bicycle back from Salazar, who Harrison thought had stolen it.
"Eric grabbed the bike and they fought, but Eric never hit Cipriano," Martinez said.
He added that two eyewitnesses will testify to that as well.
Martinez said testimony will show that Thompson then held a gun to one of the eyewitnesses' head.
"Did the police act prudently and responsibly and could they have done something different?" Martinez said. That was the question the jury must ponder, he said.
Deputy City Attorney Kathryn Levy in her opening statements said Harrison was full of rage and fueled by alcohol and cocaine at the time.
"This case is about the one thing every officer thinks about every day. That they might have to take the life of one person to save the life of another," Levy said. "These police officers took the only actions they could take to save the life of the victim."
According to police reports, Thompson and Ahrensfield confronted Harrison and Salazar, who were fighting over a bicycle with a T-ball bat. Thompson saw Harrison beating Salazar in the head and ordered Harrison to stop, but Harrison struck Salazar again with the bat. Harrison was in a striking position when Thompson shot him, the reports said.
The lawsuit contends the officers used excessive force and were negligent and reckless. And it contends that, although Ahrensfield did not fire his weapon, he did not take any action to dissuade Thompson from firing the fatal shots.
Salazar was taken to an area hospital and was released four days later.
By Carolyn Carlson
Journal Staff Writer
Attorneys in a civil wrongful death trial against two Albuquerque Police Department officers began to paint a picture of events leading up to the fatal shooting of 17-year-old Eric Harrison in 2003.
"There are two sides to every story or we would not be here," Phillip A. Martinez, one of Harrison's family attorneys, said during opening statements in the federal trial.
On Nov. 29, 2003, 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, according to police reports.
Officer Brad Ahrensfield is also named in the lawsuit.
Martinez and attorney Miguel Campos filed the lawsuit on Nov. 28, 2005, the day before the statute of limitations would have run out.
On Monday, Martinez said Harrison was a good kid who had been punched in the face by Salazar when Harrison tried to get his bicycle back from Salazar, who Harrison thought had stolen it.
"Eric grabbed the bike and they fought, but Eric never hit Cipriano," Martinez said.
He added that two eyewitnesses will testify to that as well.
Martinez said testimony will show that Thompson then held a gun to one of the eyewitnesses' head.
"Did the police act prudently and responsibly and could they have done something different?" Martinez said. That was the question the jury must ponder, he said.
Deputy City Attorney Kathryn Levy in her opening statements said Harrison was full of rage and fueled by alcohol and cocaine at the time.
"This case is about the one thing every officer thinks about every day. That they might have to take the life of one person to save the life of another," Levy said. "These police officers took the only actions they could take to save the life of the victim."
According to police reports, Thompson and Ahrensfield confronted Harrison and Salazar, who were fighting over a bicycle with a T-ball bat. Thompson saw Harrison beating Salazar in the head and ordered Harrison to stop, but Harrison struck Salazar again with the bat. Harrison was in a striking position when Thompson shot him, the reports said.
The lawsuit contends the officers used excessive force and were negligent and reckless. And it contends that, although Ahrensfield did not fire his weapon, he did not take any action to dissuade Thompson from firing the fatal shots.
Salazar was taken to an area hospital and was released four days later.
Friday, January 19, 2007
Victim's relative: Cop had lax penalty
By Michael Gisick, Abq Tribune
Friday, January 19, 2007
The granddaughter of the 74-year-old woman killed last year when an Albuquerque police officer lost control of his car and crashed says the officer's three-week suspension isn't nearly enough punishment.
"If he were a regular person, he would be charged with reckless driving or voluntary manslaughter," Denise Baker said. "Instead, in our eyes he gets a vacation while our family suffers every day."
Baker said she had been told the Bernalillo County District Attorney's Office would take the case before a grand jury in March to determine whether Zachariah Floyd, 23, broke any laws. She said the officer should be suspended until then.
District Attorney Kari Brandenburg said the case likely would be taken to grand jury, though she said she couldn't confirm when.
"Car accidents do happen, and there isn't always a crime involved," she said. "The issue here is whether any laws were broken."
Police confirmed this week that Floyd had been suspended over the incident and said the case had been forwarded to the District Attorney's Office for review.
A police investigation following the May 21 crash found that Floyd was speeding through a neighborhood as he responded to a domestic violence call.
He swerved to avoid another vehicle, then hit a brick wall at 5208 Crestview Place S.W. The impact killed Flora Aragon and injured her daughter and a family friend.
Baker said Police Chief Ray Schultz called her Wednesday and told her Floyd had been suspended for three weeks.
"He said that was the longest he could suspend him because of the union," she said.
Police spokesman John Walsh said department rules prohibit him from confirming the length of the suspension, saying only that it was "substantial."
He said Floyd would return to patrol duties following the suspension and would also be required to talk to cadet classes about his experience.
Friday, January 19, 2007
The granddaughter of the 74-year-old woman killed last year when an Albuquerque police officer lost control of his car and crashed says the officer's three-week suspension isn't nearly enough punishment.
"If he were a regular person, he would be charged with reckless driving or voluntary manslaughter," Denise Baker said. "Instead, in our eyes he gets a vacation while our family suffers every day."
Baker said she had been told the Bernalillo County District Attorney's Office would take the case before a grand jury in March to determine whether Zachariah Floyd, 23, broke any laws. She said the officer should be suspended until then.
District Attorney Kari Brandenburg said the case likely would be taken to grand jury, though she said she couldn't confirm when.
"Car accidents do happen, and there isn't always a crime involved," she said. "The issue here is whether any laws were broken."
Police confirmed this week that Floyd had been suspended over the incident and said the case had been forwarded to the District Attorney's Office for review.
A police investigation following the May 21 crash found that Floyd was speeding through a neighborhood as he responded to a domestic violence call.
He swerved to avoid another vehicle, then hit a brick wall at 5208 Crestview Place S.W. The impact killed Flora Aragon and injured her daughter and a family friend.
Baker said Police Chief Ray Schultz called her Wednesday and told her Floyd had been suspended for three weeks.
"He said that was the longest he could suspend him because of the union," she said.
Police spokesman John Walsh said department rules prohibit him from confirming the length of the suspension, saying only that it was "substantial."
He said Floyd would return to patrol duties following the suspension and would also be required to talk to cadet classes about his experience.
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.
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.
Thursday, July 6, 2006
Officer Involved In Fatal Shooting
By T.J. Wilham And Julie Medina, Journal Staff Writers
An off-duty Albuquerque police officer was involved in a fatal shooting that left his "stepfather," Kirk Carroll, dead in his doorway Tuesday night, police said.
Investigators suspect that Carroll, 48, was struggling with Officer Orlando Camacho for control of the officer's service-issued weapon when it discharged.
Carroll is being described to investigators as Camacho's "stepfather," said John Walsh, an Albuquerque police spokesman.
Walsh said investigators are trying to confirm the information but have yet to find official documents that verify the relationship.
According to tax records, the South Valley home, 1716 Desert Breeze SW, is owned by the two men.
Neighbors said Wednesday that Carroll and Camacho appeared to be father and son.
Camacho wasn't scheduled to work his normal shift and investigators are trying to determine why he was in uniform at the time of the shooting.
Within hours of the shooting, Camacho, a three-year member of the department, was placed on administrative leave and released from police custody. He did give a statement to investigators.
"This case is being investigated just like any other. We are making sure that this investigation is conducted with the utmost integrity," Police Chief Ray Schultz said. "This is not an officer-involved shooting. This is a shooting involving someone who is an officer."
Police said they would submit the investigation to the Bernalillo County District Attorney's Office, which will decide whether charges will be filed.
According to police, at 11:05 p.m., Camacho called on his radio that he needed an ambulance and a rescue unit sent to his home for an "emergency situation."
When rescue crews arrived, they found Carroll dead, lying in the doorway.
Investigators said Camacho had just pulled into the driveway in his squad car and within minutes got into an argument with Carroll over "life issues," Walsh said.
Walsh said the dispute had been brewing over a long time.
The argument eventually turned into a struggle for the gun, police said. Investigators don't know if Camacho drew the weapon.
Walsh said tests will be done to determine who was in control of the gun when it fired.
"It is so preliminary in the investigation right now," Walsh said.
Neighbor Christine Shugars said occasionally she could hear Carroll yelling at Camacho.
"He wasn't nice to his son," Shugars said.
She said when she asked Carroll to join the neighborhood association he was "rude" and told her he didn't care what happens in the neighborhood.
"He just flat wasn't the friendliest," she said.
However, Shugars' daughter, Trudy McKenzie, said Camacho is known around the area to be "pretty friendly."
She said when one neighbor came home and found her house had been broken into, Camacho checked out the home to make sure it was safe for her.
Another neighbor, Irene Ornelas, said the two men were frequently outside working on the yard or the home and appeared friendly.
"Whenever we passed by (Carroll) would smile or nod," she said.
None of the neighbors said they heard anything late Tuesday beside fireworks and a lightning storm.
About five hours before the incident, Joshua Thomas was arriving at a friend's home just a few homes away from where the shooting occurred.
As he passed the home, he saw Carroll standing outside, wearing beige pants and a white T-shirt.
"I waved to him," Thomas said. "He waved back."
Camacho was in uniform and driving off in his squad car, Thomas said.
"He didn't look disturbed," he said.
Gary E. Salazar of the Journal contributed to this report.
An off-duty Albuquerque police officer was involved in a fatal shooting that left his "stepfather," Kirk Carroll, dead in his doorway Tuesday night, police said.
Investigators suspect that Carroll, 48, was struggling with Officer Orlando Camacho for control of the officer's service-issued weapon when it discharged.
Carroll is being described to investigators as Camacho's "stepfather," said John Walsh, an Albuquerque police spokesman.
Walsh said investigators are trying to confirm the information but have yet to find official documents that verify the relationship.
According to tax records, the South Valley home, 1716 Desert Breeze SW, is owned by the two men.
Neighbors said Wednesday that Carroll and Camacho appeared to be father and son.
Camacho wasn't scheduled to work his normal shift and investigators are trying to determine why he was in uniform at the time of the shooting.
Within hours of the shooting, Camacho, a three-year member of the department, was placed on administrative leave and released from police custody. He did give a statement to investigators.
"This case is being investigated just like any other. We are making sure that this investigation is conducted with the utmost integrity," Police Chief Ray Schultz said. "This is not an officer-involved shooting. This is a shooting involving someone who is an officer."
Police said they would submit the investigation to the Bernalillo County District Attorney's Office, which will decide whether charges will be filed.
According to police, at 11:05 p.m., Camacho called on his radio that he needed an ambulance and a rescue unit sent to his home for an "emergency situation."
When rescue crews arrived, they found Carroll dead, lying in the doorway.
Investigators said Camacho had just pulled into the driveway in his squad car and within minutes got into an argument with Carroll over "life issues," Walsh said.
Walsh said the dispute had been brewing over a long time.
The argument eventually turned into a struggle for the gun, police said. Investigators don't know if Camacho drew the weapon.
Walsh said tests will be done to determine who was in control of the gun when it fired.
"It is so preliminary in the investigation right now," Walsh said.
Neighbor Christine Shugars said occasionally she could hear Carroll yelling at Camacho.
"He wasn't nice to his son," Shugars said.
She said when she asked Carroll to join the neighborhood association he was "rude" and told her he didn't care what happens in the neighborhood.
"He just flat wasn't the friendliest," she said.
However, Shugars' daughter, Trudy McKenzie, said Camacho is known around the area to be "pretty friendly."
She said when one neighbor came home and found her house had been broken into, Camacho checked out the home to make sure it was safe for her.
Another neighbor, Irene Ornelas, said the two men were frequently outside working on the yard or the home and appeared friendly.
"Whenever we passed by (Carroll) would smile or nod," she said.
None of the neighbors said they heard anything late Tuesday beside fireworks and a lightning storm.
About five hours before the incident, Joshua Thomas was arriving at a friend's home just a few homes away from where the shooting occurred.
As he passed the home, he saw Carroll standing outside, wearing beige pants and a white T-shirt.
"I waved to him," Thomas said. "He waved back."
Camacho was in uniform and driving off in his squad car, Thomas said.
"He didn't look disturbed," he said.
Gary E. Salazar of the Journal contributed to this report.
Monday, May 22, 2006
APD Officer Involved In Fatal Crash
Monday, May 22, 2006
By Miguel Navrot and Jeff Proctor
Journal Staff Writers
An Albuquerque grandmother sitting at a picnic table with family members died early Sunday after a police car crashed through a cinder-block wall, pinning the 73-year-old against the table.
Flora Aragon had been in the front yard of the family home around midnight, enjoying the cool air and chatting with her daughter and her daughter's boyfriend when the squad car slammed onto the property.
Crash Kills Grandma
Lucas Coshenet/Journal
Shantel Perez looks at the shrine placed in honor of her grandmother Flora Aragon, 73.
The crash killed Aragon and injured the other two.
But it is the police's handling of the crash, which happened on Crestview SW near West Central and 53rd Street, that family members talked about most Sunday.
As they gathered for a candlelight vigil for Aragon, they pointed out the dried blood stains on the picnic table.
"The police department's not telling us anything," said Denise Baker, one of Aragon's 29 grandchildren. "They're not offering condolences. They're being rude to us, like we're the criminals here."
A multi-agency group is investigating the crash, which involved a rookie officer identified as Zachariah Floyd, 23, Albuquerque police spokesman John Walsh said. Much of that investigation is expected to be completed this week.
"This is a tragedy, just an absolute tragedy," Walsh said Sunday. "The officer is extraordinarily upset over the events and, obviously, so, too, is the family of the victim."
The crash happened as police answered a domestic violence call in the West Side neighborhood.
Floyd, responding to the call, was preparing to park his squad car when another vehicle veered alongside, Walsh said. Floyd steered sharply, struck a curb and drove through the 2-foot high cinder-block fence.
The impact struck Aragon from behind, family said, pinning her between the car and the wooden picnic table.
The crash also injured her daughter Tonnie Sanchez, 52, of Albuquerque and Sanchez's boyfriend, Ismael Villalobo, 39.
Rescuers took Aragon to the University of New Mexico Hospital, where she was pronounced dead.
An inter-agency team composed of Albuquerque police, Bernalillo County Sheriff's Office and State Police is investigating the crash, Walsh said.
The local District Attorney's Office is expected to oversee and review the investigation.
Floyd is on three-day paid administrative, pending the investigation, Walsh said.
Neither alcohol nor speed appears to have been a factor in the crash, Walsh said. Authorities took breath and blood tests from Floyd after the crash.
"We've done breath tests and a blood draw, which is standard on all fatals," Walsh said. "In any event, neither of the two factors appears to have been present at the onset of this investigation. It is, however, still ongoing."
Walsh noted that the airbags on Floyd's cruiser didn't deploy. A deployed airbag can indicate high speed.
Walsh said it is "very unlikely" Floyd will face a vehicular homicide charge. He added that, for such a case to be made, the driver must either have been intoxicated or driving recklessly at the time of the crash.
Aragon's family disputed the contention that Floyd wasn't driving recklessly. The cinder-block wall that was toppled in the crash was reinforced with metal rebar, family said.
Further, they said, flying debris punched at least two holes in the home, one through an exterior wall and another through the wood door.
"We left this here because it tells a story," Baker said of the blood-stained picnic table, which authorities cut through to extract Aragon.
Baker said another granddaughter of Aragon's who arrived at the home after the accident was tackled by police after she started taking photos of the scene. Officers confiscated the camera and hadn't returned it as of Sunday night, Baker said.
"We feel the cops are covering up the incident a little bit," Baker said. Other family members agreed.
Baker did have compliments, however, for a violent crimes detective who personally offered flowers, condolences and assistance with memorial services.
On Sunday, as debris and fallen plants covered the crash site, family placed fresh flowers and photographs of Aragon next to the shattered picnic table. Photos included snapshots and portraits from when she was 10 years old through this past New Year's.
Aragon came to Albuquerque in 1965 from Del Norte, Colo., a town in the San Luis Valley. She had six children.
A parishioner of St. Therese of the Little Flower Church, Aragon retired as an inspector for Honeywell in Albuquerque, family said.
Services are pending.
By Miguel Navrot and Jeff Proctor
Journal Staff Writers
An Albuquerque grandmother sitting at a picnic table with family members died early Sunday after a police car crashed through a cinder-block wall, pinning the 73-year-old against the table.
Flora Aragon had been in the front yard of the family home around midnight, enjoying the cool air and chatting with her daughter and her daughter's boyfriend when the squad car slammed onto the property.
Crash Kills Grandma
Lucas Coshenet/Journal
Shantel Perez looks at the shrine placed in honor of her grandmother Flora Aragon, 73.
The crash killed Aragon and injured the other two.
But it is the police's handling of the crash, which happened on Crestview SW near West Central and 53rd Street, that family members talked about most Sunday.
As they gathered for a candlelight vigil for Aragon, they pointed out the dried blood stains on the picnic table.
"The police department's not telling us anything," said Denise Baker, one of Aragon's 29 grandchildren. "They're not offering condolences. They're being rude to us, like we're the criminals here."
A multi-agency group is investigating the crash, which involved a rookie officer identified as Zachariah Floyd, 23, Albuquerque police spokesman John Walsh said. Much of that investigation is expected to be completed this week.
"This is a tragedy, just an absolute tragedy," Walsh said Sunday. "The officer is extraordinarily upset over the events and, obviously, so, too, is the family of the victim."
The crash happened as police answered a domestic violence call in the West Side neighborhood.
Floyd, responding to the call, was preparing to park his squad car when another vehicle veered alongside, Walsh said. Floyd steered sharply, struck a curb and drove through the 2-foot high cinder-block fence.
The impact struck Aragon from behind, family said, pinning her between the car and the wooden picnic table.
The crash also injured her daughter Tonnie Sanchez, 52, of Albuquerque and Sanchez's boyfriend, Ismael Villalobo, 39.
Rescuers took Aragon to the University of New Mexico Hospital, where she was pronounced dead.
An inter-agency team composed of Albuquerque police, Bernalillo County Sheriff's Office and State Police is investigating the crash, Walsh said.
The local District Attorney's Office is expected to oversee and review the investigation.
Floyd is on three-day paid administrative, pending the investigation, Walsh said.
Neither alcohol nor speed appears to have been a factor in the crash, Walsh said. Authorities took breath and blood tests from Floyd after the crash.
"We've done breath tests and a blood draw, which is standard on all fatals," Walsh said. "In any event, neither of the two factors appears to have been present at the onset of this investigation. It is, however, still ongoing."
Walsh noted that the airbags on Floyd's cruiser didn't deploy. A deployed airbag can indicate high speed.
Walsh said it is "very unlikely" Floyd will face a vehicular homicide charge. He added that, for such a case to be made, the driver must either have been intoxicated or driving recklessly at the time of the crash.
Aragon's family disputed the contention that Floyd wasn't driving recklessly. The cinder-block wall that was toppled in the crash was reinforced with metal rebar, family said.
Further, they said, flying debris punched at least two holes in the home, one through an exterior wall and another through the wood door.
"We left this here because it tells a story," Baker said of the blood-stained picnic table, which authorities cut through to extract Aragon.
Baker said another granddaughter of Aragon's who arrived at the home after the accident was tackled by police after she started taking photos of the scene. Officers confiscated the camera and hadn't returned it as of Sunday night, Baker said.
"We feel the cops are covering up the incident a little bit," Baker said. Other family members agreed.
Baker did have compliments, however, for a violent crimes detective who personally offered flowers, condolences and assistance with memorial services.
On Sunday, as debris and fallen plants covered the crash site, family placed fresh flowers and photographs of Aragon next to the shattered picnic table. Photos included snapshots and portraits from when she was 10 years old through this past New Year's.
Aragon came to Albuquerque in 1965 from Del Norte, Colo., a town in the San Luis Valley. She had six children.
A parishioner of St. Therese of the Little Flower Church, Aragon retired as an inspector for Honeywell in Albuquerque, family said.
Services are pending.
Sunday, May 21, 2006
Birthday plans end in fatal crash
by Megan Arredondo
Tribune Reporter
Sunday, May 21, 2006
It was just after midnight, and 74-year-old Flora Aragon was getting ready to bake a birthday cake for a granddaughter who was turning 10 that day.
Aragon sat at a wooden picnic table early Sunday in her front lawn at 5208 Crestview Place S.W. with daughter Tonnie Sanchez and her daughter's friend Ismael Villalobo, the eggs and cake decorations in front of her.
She never got to make the cake.
Albuquerque police Officer Zachariah Floyd, 23 and a rookie of less than a year, crashed his cruiser through a low cinder-block wall surrounding Aragon's home and into the three.
Sanchez, 52, said she and Villalobo were thrown several yards.
Her mother was not so lucky.
The vehicle hit her from behind and pinned her against the picnic table and bench.
"My mom didn't even see it coming," Sanchez said.
Aragon died after being transported to University of New Mexico Hospital, police said.
John Walsh, spokesman for the Albuquerque Police Department, said Floyd was responding to a domestic violence call in the 200 block of 53rd Street Southwest when the crash occurred.
Floyd was traveling south on 53rd Street and was passing another southbound vehicle when the other driver turned left, into his path, Walsh said.
It forced Floyd to veer into Aragon's yard, Walsh said.
The officer did not have emergency lights or sirens on when the crash occurred, but that is common practice when approaching a domestic violence disturbance, Walsh said.
While the investigation continues, it doesn't appear Floyd was speeding because his car's air bag did not inflate in the crash, Walsh said. Floyd was not injured in the crash, Walsh said.
Sanchez said Floyd didn't immediately try to help her or her mother.
"I laid there on that (patio) floor in pain for 45 minutes before anyone came to me," Sanchez said. "It took them forever."
Walsh, however, said rescue units arrived within four minutes of the call.
Sanchez suffered lacerations on her leg and thigh and required stitches for a cut on her arm. Villalobo had minor cuts on his head, lip and back, she said.
Meanwhile, Aragon remained pinned in front of her home.
Family members say emergency respondents didn't come prepared, lacking equipment that could've expedited the rescue.
"They were yanking her (Aragon) by the arm," said Eva Marie Candelaria, one of Aragon's grandchildren.
Emergency workers eventually cut apart the wooden table that pinned her, Candelaria said.
On Sunday afternoon, more than half a day after the crash, pieces of the table and bench still lay in front of the house like a bloodied jigsaw puzzle. Broken cinder block was strewn across the front yard, some of the pieces marked with dried blood.
A makeshift memorial of flowers, candles and photographs were placed amid the rubble where Aragon was trapped.
"She was a wonderful person," son Alvin Aragon said. "A wonderful mother."
His mother built the bench and table set she was pinned against, he said, along with the wooden fences on the side of her home.
Granddaughter Denise Baker said Aragon lived for her family.
"Life without one of her kids was not life," Baker said. "Family was everything."
She said she was devastated when she got the phone call that her grandmother had died.
"I could feel everything in my body leave," she said wearing a T-shirt stained with her grandmother's blood. "We were all in shock; it still hasn't settled in. We're still waiting for her to get up."
The most upsetting part for Baker and other family members was the way police treated them, she said.
Baker said police confiscated a camera one family member was using to photograph the crash scene.
She also said police called in the crash as "bravo," meaning injuries were minor, rather than "delta," which meant there were serious injuries. As a result, Baker said, the emergency crew was unprepared for what it found.
"Who's to say what would've happened if it was done properly," Baker said. "They were more concerned about getting the officer, who didn't have any injuries, out."
Walsh said Albuquerque police don't differentiate when they report a wreck with injuries.
A second officer arrived at the scene shortly after the crash and called for aid, Walsh said. "You couldn't have any faster response" than occurred, he said.
Walsh said the crash is under investigation by a team consisting of representatives from the Police Department, State Police, Bernalillo County Sheriff's Department and the District Attorney's Office.
Floyd has been put on paid administrative leave for 72 hours while the investigation is being conducted, he said.
Baker said the family is looking for an apology from the Police Department.
"We want some respect," she said. "They took her life and walked away like they did nothing wrong. . . . They're supposed to be there to serve and protect. Well, they didn't serve and protect her."
Tribune Reporter
Sunday, May 21, 2006
It was just after midnight, and 74-year-old Flora Aragon was getting ready to bake a birthday cake for a granddaughter who was turning 10 that day.
Aragon sat at a wooden picnic table early Sunday in her front lawn at 5208 Crestview Place S.W. with daughter Tonnie Sanchez and her daughter's friend Ismael Villalobo, the eggs and cake decorations in front of her.
She never got to make the cake.
Albuquerque police Officer Zachariah Floyd, 23 and a rookie of less than a year, crashed his cruiser through a low cinder-block wall surrounding Aragon's home and into the three.
Sanchez, 52, said she and Villalobo were thrown several yards.
Her mother was not so lucky.
The vehicle hit her from behind and pinned her against the picnic table and bench.
"My mom didn't even see it coming," Sanchez said.
Aragon died after being transported to University of New Mexico Hospital, police said.
John Walsh, spokesman for the Albuquerque Police Department, said Floyd was responding to a domestic violence call in the 200 block of 53rd Street Southwest when the crash occurred.
Floyd was traveling south on 53rd Street and was passing another southbound vehicle when the other driver turned left, into his path, Walsh said.
It forced Floyd to veer into Aragon's yard, Walsh said.
The officer did not have emergency lights or sirens on when the crash occurred, but that is common practice when approaching a domestic violence disturbance, Walsh said.
While the investigation continues, it doesn't appear Floyd was speeding because his car's air bag did not inflate in the crash, Walsh said. Floyd was not injured in the crash, Walsh said.
Sanchez said Floyd didn't immediately try to help her or her mother.
"I laid there on that (patio) floor in pain for 45 minutes before anyone came to me," Sanchez said. "It took them forever."
Walsh, however, said rescue units arrived within four minutes of the call.
Sanchez suffered lacerations on her leg and thigh and required stitches for a cut on her arm. Villalobo had minor cuts on his head, lip and back, she said.
Meanwhile, Aragon remained pinned in front of her home.
Family members say emergency respondents didn't come prepared, lacking equipment that could've expedited the rescue.
"They were yanking her (Aragon) by the arm," said Eva Marie Candelaria, one of Aragon's grandchildren.
Emergency workers eventually cut apart the wooden table that pinned her, Candelaria said.
On Sunday afternoon, more than half a day after the crash, pieces of the table and bench still lay in front of the house like a bloodied jigsaw puzzle. Broken cinder block was strewn across the front yard, some of the pieces marked with dried blood.
A makeshift memorial of flowers, candles and photographs were placed amid the rubble where Aragon was trapped.
"She was a wonderful person," son Alvin Aragon said. "A wonderful mother."
His mother built the bench and table set she was pinned against, he said, along with the wooden fences on the side of her home.
Granddaughter Denise Baker said Aragon lived for her family.
"Life without one of her kids was not life," Baker said. "Family was everything."
She said she was devastated when she got the phone call that her grandmother had died.
"I could feel everything in my body leave," she said wearing a T-shirt stained with her grandmother's blood. "We were all in shock; it still hasn't settled in. We're still waiting for her to get up."
The most upsetting part for Baker and other family members was the way police treated them, she said.
Baker said police confiscated a camera one family member was using to photograph the crash scene.
She also said police called in the crash as "bravo," meaning injuries were minor, rather than "delta," which meant there were serious injuries. As a result, Baker said, the emergency crew was unprepared for what it found.
"Who's to say what would've happened if it was done properly," Baker said. "They were more concerned about getting the officer, who didn't have any injuries, out."
Walsh said Albuquerque police don't differentiate when they report a wreck with injuries.
A second officer arrived at the scene shortly after the crash and called for aid, Walsh said. "You couldn't have any faster response" than occurred, he said.
Walsh said the crash is under investigation by a team consisting of representatives from the Police Department, State Police, Bernalillo County Sheriff's Department and the District Attorney's Office.
Floyd has been put on paid administrative leave for 72 hours while the investigation is being conducted, he said.
Baker said the family is looking for an apology from the Police Department.
"We want some respect," she said. "They took her life and walked away like they did nothing wrong. . . . They're supposed to be there to serve and protect. Well, they didn't serve and protect her."
Saturday, May 21, 2005
Man Stunned With TASER Dies; Victim Fought With Officers
By Jeff Proctor, Journal Staff Writer
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
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