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.

Tuesday, December 19, 2006

Police Watchdog Leaving Position

Tuesday, December 19, 2006


Journal Staff Report
Albuquerque's top police watchdog will soon be out of a job.
Jay Rowland, 60, a retired Air Force colonel who has headed the city's Independent Review Office for the past four years, learned Monday his expired contract with City Hall isn't being renewed, he said.
As the review officer, Rowland receives complaints from citizens about possible Albuquerque police misconduct. He can also make policy recommendations to the mayor, police chief and other city officials.
Rowland said he plans to continue with the job until a successor is hired, as is called for under his contract.
Mayor Martin Chávez commended Rowland for his job performance. "I think he's had a good run in there," Chavez said late Monday. The mayor also said a change would be healthy for the office.
Rowland's tenure included the 2005 investigation into problems within the police evidence room. A 1,000-page report that Rowland signed found that former Chief Gilbert Gallegos didn't follow basic procedures.
Through the end of October, Rowland's office had received 248 complaints alleging misconduct by police officers or police department employees. Of those, 206 had been investigated and 42 were pending, according to the most recent documents available.
Citizen complaints about misconduct have increased in recent years, according to city statistics. In 2003, there were 220 complaints of misconduct; in 2005, the figure climbed to 351.
Chavez said he expects the search for a successor could take a couple of months. A finalist selected by Chavez will go before the City Council for approval.

Tuesday, December 12, 2006

Details Sought In Shooting

Tuesday, December 12, 2006
By Carolyn Carlson
Journal Staff Writer

Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People, said Friday.
More than two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are still trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Detectives with the Bernalillo County Sheriff's Department have not released many details about the shooting, except that Hall died of gunshot wounds.
"We have made some progress, but it has more to do with eliminating things," Lt. Gregg Marcantel, lead homicide detective for the Sheriff's Department, said Friday. "We do not have a clear suspect yet."
Powdrell said the fact that no real evidence has surfaced could create a sense of fear in the community.
"The city does not need a person who killed another person running around loose," Powdrell said.
Marcantel said no other details of Hall's autopsy or details from the crime scene are being released. He said doing so would undermine the case.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death.
Marcantel said he appreciates the leaders of the black community urging anyone who may have any information to come forward, because it will only help the investigation.
Marcantel has said that on Thanksgiving afternoon, several residents living in the area where Hall was found called the Sheriff's Department at least four times to report gunshots being fired.
But when deputies went out on the calls they did not find anyone shooting guns or any evidence that shots had been fired, until they found Hall, according to Marcantel.
According to federal court documents in Hall's excessive force case, in 2002 the officers said Hall was acting suspiciously as he looked into Nob Hill business windows.
The officers said Hall was combative and that is why they used a Taser on him. Hall was so severely burned by the Taser that he lost part of an ear.
In a Journal interview after the verdict, Hall said he did not want anyone to know where he was living because he feared retaliation.
Marcantel said anyone with any information on Hall's death, or information on the gunshots that were heard Thanksgiving Day, can call Crime Stoppers at 843-STOP or 980-2496 if they want to talk directly with a detective working the case. Either way, Marcantel said, they can remain anonymous. A $1,000 Crime Stoppers reward is being offered.

Black Leaders Seek Witnesses

Tuesday, December 12, 2006

Around the Metro Area
Journal and Wire Reports

"Black Leaders Seek Witnesses
Black community leaders are urging anyone who has any information on how Jerome J. Hall ended up shot to death along North Fourth Street on Thanksgiving to come forward.
"We are asking (investigators) to be vigilant to find the culprit," said Joe Powdrell, president of the local chapter of the National Association for the Advancement of Colored People.
Two weeks after Hall, 42, was found dying on Fourth Street near Schulte NW, investigators are trying to piece together how he ended up there. Hall was found suffering from gunshot wounds. He died on the way to the hospital.
Six days before Hall died, a federal jury had awarded him $307,000 in an excessive force case against three Albuquerque Police Department officers. Hall had not collected any of the money at the time of his death."

Thursday, November 30, 2006

Residents Called Sheriff About Shots

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

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

Wednesday, November 29, 2006

APD Suit Winner Feared Retaliation

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

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

Tuesday, November 28, 2006

APD Suit Winner Killed a Week Later

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

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