APD
APD Officer Daniel Webster dies from injuries
Albuquerque Police Department Officer Daniel Webster died from his injuries at the University of New Mexico Hospital early Thursday, the department has confirmed.
Officer Webster was shot multiple times during a traffic stop in southeast Albuquerque on Oct. 21. He died around 2:30 a.m. Thursday.
Watch: Press Conference on Officer Webster’s Death
Albuquerque Police Chief Gorden Eden released a statement Thursday morning:
“It is with deep sorrow that I inform you our colleague and brother, Officer Dan Webster, has succumbed to the injuries that he sustained during a traffic stop on October 21, 2015. Officer Webster fought valiantly for his life, however, his injuries were too severe.
Officer Webster was the very best example of a life committed to public service, through his service to our country and to our community. He leaves a legacy of excellence and commitment, and we honor his life through our ongoing service to our community. Though our own hearts are heavy, please continue to pray for his wife and their family as they endure this unimaginable loss.”
Webster, 47, served with APD for nearly nine years and was named APD Officer of the Year in 2013. He was the Southeast Area Command representative for the Albuquerque Police Officers Association and recently returned to the field because of an officer shortage within the department.
Before becoming an officer, he served as a paratrooper in the U.S. Army for 20 years before retiring.
He was honored in September 2013 for giving CPR to a baby who was not breathing, saving the child’s life.
He underwent multiple surgeries at UNM Hospital in the hours after the shooting and remained in the hospital’s intensive care unit for the next seven days.
Webster’s wife is a Bernalillo County sheriff’s deputy.
“Today our hearts are heavy as we grieve the loss of APD officer Daniel Webster,” Albuquerque Mayor Richard Berry said. “Officer Webster served our city and our nation with distinction, honor and courage. I extend my deepest sympathy and prayers to Officer Webster’s wife and family and I ask our community to come together as we mourn his passing and remember the sacrifice that he and his family made to keep us safe. Keep the men and women of APD close to your hearts today and always.”
The Albuquerque Police Officers Association today released a statement Thursday afternoon:
“Today our community lost one of its true heroes, a man who gave everything to serve and protect the people of Albuquerque. To call Daniel Webster an exceptional officer would be an understatement. He represented the very best of our profession. He worked tirelessly to keep our streets safe and always went above and beyond to help the community and his fellow officers. He was a role model, a protector, a friend, and we were proud to have him serve on the APOA board working on behalf of the rank and file officers of the Albuquerque Police Department.”
The police union encourages the public to display white and blue ribbons as part of the “We are Albuquerque, Let’s Take Our City Back” campaign, which represents support of the Albuquerque community and the officers who protect it.
Gov. Susana Martinez also issued a statement about Webster’s death Thursday:
“My husband and father were both law enforcement officers and this cold-blooded murder hits close to home and breaks my heart thinking about the pain the family is enduring. We must all remember that Officer Webster lost his life working to keep us safe from harm. Because of a senseless act of violence, his wife and children are left without a husband and a father. We have lost a hero and I ask all New Mexicans to join me and Chuck in praying for Officer Webster’s family and friends.”
HOW TO HELP WEBSTER’S FAMILY
In the days after the shooting, community members and local businesses stepped up to help Officer Webster and his family.
Metro Papa John’s locations donated $6,000 and Pizza 9 donated $7,000 of profits from pizza sales on Monday and Wednesday, respectively.
Other restaurants like Bubba’s 33 and Crab N’ Draft also contributed profits toward the fund set up for Webster.
The APOA has set up an account for his family at Wells Fargo. Donations can be made to the Officer Dan Webster Fund #8138663789. Gift card donations for the family and well wishes can be dropped off or mailed to the main APD station at 400 Roma NW, Albuquerque, NM 87102 – Attn: Chief’s Office, Officer Webster.
An official GoFundMe page has also been set up for Officer Webster.
New Mexico State Police, Albuquerque Police Department Cadet Class 114 and BCSO Cadet Class 36 are holding a fundraiser for Webster’s family Sunday, Nov. 1 from 10 a.m. – 2 p.m. at the Royal Car Wash, located at 11517 Central Ave. NE in Albuquerque.
Albuquerque Religious and Clergy United is planning an interfaith vigil Friday at 3 p.m. at the Walgreen’s at Eubank and Central, the site of Webster’s shooting.
Friday, Nov. 6, the staff at Officer Webster’s old barber shop, Deuces, will give free haircuts to anyone in law enforcement or the military. For paying customers, Deuces owner James Ortega says they will donate 50 percent of the proceeds to Webster’s family.
SUSPECT TO REMAIN JAILED PENDING TRIAL
Albuquerque police said Officer Webster stopped 34-year-old Davon Lymon on Oct. 21 for driving a motorcycle with a stolen license plate. While attempting to arrest him, the criminal complaint states Lymon fired six rounds at Webster, striking him several times, including in the face near his chin.
Lymon was not supposed to have a gun due to previous violent felony convictions, including voluntary manslaughter in the death of 20-year-old Ronald Chanslor Jr., who was the grandson of the founder of Blake’s Lotaburger.
Lymon is currently facing federal weapons charges. State charges against Lymon are also expected to be filed.
Bernalillo County District Attorney Kari Brandenburg said she and her office would move on those charges “in the near future,” but since he is being held in federal custody after his first federal appearance Tuesday, Brandenburg said the DA’s Office would wait to file charges so as to not start the 10-day discovery limit of the Case Management Order.
Brandenburg’s office was adorned with darkened badges and blue ribbons Thursday in Webster’s honor.
“As District Attorney, I am deeply concerned about the violent events which have recently taken place in our community,” Brandenburg wrote in a statement. “We are all working diligently to hold the accused accountable, and we stand by those who pledge to stop the violence in our community.”
-With Elizabeth Reed. This story was originally published at KOB.com
Man accused of shooting APD officer a repeat offender; court records show gaps in judicial system
The man accused of shooting Albuquerque Police Department Officer Daniel Webster at a Walgreens in southeast AlbuquerqueWednesday night is another classic case of a “boomerang thug” repeat offender walking New Mexico’s streets.
Davon Lymon, 34, was caught on video last December repeatedly punching a man in a fight at the Knockout’s Gentlemen’s Club in downtown Albuquerque that led to his arrest and that of two bouncers.
A criminal complaint for Lymon’s arrest in that incident, which occurred in the early-morning hours of Dec. 14, 2014, says the man was seen in videos being chased down by Lymon, who then “began to punch and knee the male who fell to the ground.”
The criminal complaint says Lymon continued to punch the man as he was on the ground, causing him to lose consciousness.
Lymon then walked away and yelled, “18th Street,” as he was “celebrating,” according to the criminal complaint.
The man beaten by Lymon remained unconscious – even when a bystander tried to pick him up.
Lymon’s beating of the man allegedly occurred after the man was already punched and kicked in the head several times by two bouncers at the club.
Weeks later, in January of this year, a grand jury indicted Lymon on kidnapping, two counts of aggravated battery and conspiracy charges related to the beating. All four were felony counts.
However, the case was nolle prosequied Feb. 26 by the district attorney’s office. It was refiled June 24, but the charges had been changed to two misdemeanor counts of aggravated battery without great bodily harm.
Also filed that day in Metropolitan Court were charges from a May 30 arrest for being a felon in possession of a firearm and embezzlement between $500 and $2,500–both felony charges. A criminal complaint says Lymon borrowed the gun from a friend “to practice shooting,” but never returned it to the friend after a spat between the two.
But Judge Stan Whitaker released Lymon on his own recognizance for the aggravated battery charges, which stemmed from the initial December 2014 arrest, on July 24. Judge Jaramillo again ordered that case dismissed without prejudice on Aug. 21, but requested the state “look at where [the] case should be refiled in Metropolitan Court,” according to court records.
The same case was again refiled Sept. 28; Lymon again faced two counts of misdemeanor aggravated battery without great bodily harm in front of Judge Alisa Hadfield.
Thursday, the day after Lymon allegedly shot Officer Webster, Bernalillo County Deputy District Attorney David Waymore entered another nolle prosequi in the case because Lymon was arrested on the new charges. A notice to the court said the case would be brought before a grand jury at a later date.
CONVICTED OF MANSLAUGHTER IN HIGH-PROFILE MURDER
He pleaded guilty to voluntary manslaughter, aggravated battery and conspiracy charges in 2002 after he was accused in the 2001 murder of 20-year-old Ronald Chanslor Jr., the grandson of the founder of Blake’s Lotaburger.
He was sentenced to 11.5 years with 390 days time served, giving him a little less than 10.5 years in prison.
“After sentencing in 2001, I had a heartsick feeling with the way our justice system is set up, that another family would have to go through this type of senseless tragedy. My heart is breaking for the officer’s family. Our justice system is so broken and unless we all step up and do something, we will continue to see these tragic acts of violence,” Dawn Parsons, the mother of Chanslor, said Thursday. “As a community we must all play a role and take the necessary actions to effect meaningful change. It can’t be the responsibility of a handful of people in our government or our police department. This is a concern that impacts us all. I pledge to pray for this family, our officers and our leaders and be available to help solve this problem.”
He pleaded guilty to fraud and forgery the year before in a Tierra Amarilla court.
In 2012, another case for robbery and conspiracy was dismissed without prejudice in Espanola court, but was never refiled.
Lymon now faces federal firearms charges for the shooting of Officer Webster. Other state charges are expected to be filed as well.
Editor’s Note: An earlier version of this story incorrectly stated one of Lymon’s cases was nolle prosequied Feb. 26 by Judge Cristina Jaramillo. The case was nolle prosequied by the Bernalillo County District Attorney’s Office.
This story originally appeared at KOB.com
Cop wounded in shooting identified as veteran, APD officer of the year
The Albuquerque Police Officers Association has identified the officer who was shot near Central Avenue and Eubank Boulevard Wednesday night.
Officer Daniel Webster was shot several times, including in the face near his chin, while attempting to arrest 34-year-old Davon Lymon, according to information from a federal criminal complaint.
He has worked for the department for nearly nine years.
Webster was named 2013 APD Officer of the Year. He also served as a paratrooper for 20 years in the U.S. Army before retiring, and has served with APD since July 2006.
He was honored in September 2013 for giving CPR to a baby who was not breathing. His actions saved the baby’s life.
The police union said Webster is the Southeast Area Command APOA representative. The union said he recently returned to the field due to the shortage of officers.
Webster’s wife is a Bernalillo County sheriff’s deputy. The couple has children.
Webster remains in critical, but stable, condition at UNM Hospital. He underwent two surgeries overnight and is expected to undergo several more.
The APOA has set up an account for his family at Wells Fargo. Donations can be made to the Officer Dan Webster Fund #8138663789. Gift card donations for the family and well wishes can be dropped off or mailed to the main APD station at 400 Roma NW, Albuquerque, NM 87102 – Attn: Chief’s Office, Officer Webster.
There will also be a blood drive held in Officer Webster’s honor Friday at UNM Hospital in the Bill Richardson Pavillion Lobby from 9 a.m. to 4 p.m. Donors can call (505)-246-1457 to schedule an appointment.
An official GoFundMe page has also been set up for Officer Webster.
APD Chief Gorden Eden said Webster was brought out of surgery late Thursday morning. He remains in the ICU in critical condition. Eden said doctors were still doing tests on Webster.
Eden also called for changes to the law this upcoming legislative session in Santa, asking for New Mexico to make its guidelines more similar to federal law, in which there are mandatory minimum sentences for violent offenders, firearm enhancements and gang laws.
Authorities arrested Lymon after midnight Thursday. He is currently facing federal charges of violating the federal firearms laws. Other state charges are expected to be filed as well.
Lymon pleaded guilty to voluntary manslaughter, aggravated battery and conspiracy charges in 2002 after he was accused in the 2001 murder of 20-year-old Ronald Chanslor Jr., the grandson of the founder of Blake’s Lotaburger.
He was sentenced to 11.5 years with 390 days time served, giving him a little less than 10.5 years in prison.
“After sentencing in 2001, I had a heartsick feeling with the way our justice system is set up, that another family would have to go through this type of senseless tragedy. My heart is breaking for the officer’s family. Our justice system is so broken and unless we all step up and do something, we will continue to see these tragic acts of violence,” Dawn Parsons, the mother of Ronald Blake Chanslor said. “As a community we must all play a role and take the necessary actions to effect meaningful change. It can’t be the responsibility of a handful of people in our government or our police department. This is a concern that impacts us all. I pledge to pray for this family, our officers and our leaders and be available to help solve this problem.”
Watch Chief Eden’s afternoon news conference below. If you’re on a mobile device, click here.
-With Elizabeth Reed. This story originally appeared at KOB.com.
Court document reveals details of road rage shooting
A criminal complaint details the road rage incident that ended in the deadly shooting of a 4-year-old girl in Albuquerque Tuesday.
Tony Torrez, 31, is facing an open count of murder and several other charges in connection to the death of Lilly Garcia.
“This is possibly one of the most wanton and atrocious acts as alleged in the history of this city. It is clearly a crime of violence,” Judge Chris Schultz told Torrez at his first appearance Thursday. “If members of the motoring public receive gunfire for a perceived slight on the highway, I don’t know who is safe.”
Judge Schultz kept Torrez’s bond at $650,000 cash only.
The complaint states the girl’s father, Alan Garcia, was driving westbound on Interstate 40 when a red Toyota cut him off and blocked him from exiting at Unser. Garcia told authorities he threw his hands in the air and gestured toward the driver, calling him, “f***ing idiot.”
Garcia then observed the driver pull into the far south lane approaching the driver’s side of his vehicle. According to the complaint, the driver said something and Garcia accelerated his vehicle to put distance between the two vehicles.
Garcia said he then heard two shots strike his truck and his 7-year-old son say, “she’s bleeding.”
The complaint states Garcia heard a third shot and began to swerve and accelerate in an attempt to distance himself from the other vehicle. The Toyota continued to pursue them westbound and Garcia slammed on his brakes. As the Toyota passed, Garcia said he heard another shot.
Garcia stopped his truck in the shoulder and called 911 as he attempted to render aid to his daughter, who had been shot in the head. The child later died at UNM Hospital.
The next morning, police received a call from an anonymous person who identified the shooter as Tony Torrez.
Torrez allegedly told the tipster that he shot the girl on I-40. The tipster gave police two possible addresses for Torrez.
Wednesday afternoon, officers arrested Torrez near Central and Sunset.
Albuquerque police were able to obtain warrants for Torrez’s home in the 7600 block of Saltbrush SW. When they searched the home, they found the suspect red/maroon Toyota they had been searching for inside Torrez’s garage. A warrant was also signed so police could search the vehicle.
Police say they also recovered the gun believed to have been used in Lilly’s shooting death at Torrez’s home.
Torrez is scheduled to face a judge Thursday afternoon.
NBC Nightly News spoke with Lilly’s grieving parents Thursday. They are overcome by the outpouring of support from the Albuquerque community.
“The amazing support that Albuquerque, the state of New Mexico, all over the country — has contacted my husband, myself, my family, it’s just been, um…just umm…overwhelming,” Lilly’s mother, Veronica, said. “And I thank everybody from the bottom of my heart for their prayers.”
“I don’t know…I have no words to express my gratitude for everybody really coming unfortunately together for such a tragic event,” her father, Alan, said. “I don’t wish this on anybody.”
A candlelight vigil will take place for Lilly Saturday at Civic Plaza in Albuquerque at 6:30 p.m. More information on the vigil is available here. A GoFundMe page has also been set up for the family.
KOB spoke with MDC spokeswoman Nataura Powdrell Thursday evening about a rumor going around Facebook that Torrez had either been released from jail or is set to be released soon.
Powdrell reiterated that Torrez is still in jail and will have to pay the $650,000 cash-only bond in order to get out.
This story originally appeared at KOB.com
APD officer shot at Walgreens in SE Albuquerque; suspect arrested
ALBUQUERQUE, N.M. – Albuquerque police say the officer who was shot near a Walgreens store in the southeast side of the city Wednesday night is in critical, but stable, condition Thursday morning.
The eight-year veteran of APD underwent two surgeries at UNM Hospital overnight. The department has not released his name to make sure all family members and close friends can be notified first. Continue reading
APD: Person of interest confesses to fatal road rage shooting
ALBUQUERQUE, NM — A person of interest in Tuesday’s road rage shooting death of a 4-year-old girl confessed to police he committed the shooting Wednesday evening after he was taken into custody around 3:30 p.m. near Central and Sunset, according to Albuquerque police.
Albuquerque police say 31-year-old Tony Torrez confessed to the murder of 4-year-old Illiana “Lilly” Garcia Wednesday night.
Torrez is charged with an open count of murder, aggravated battery with a deadly weapon, assault with the intent to commit a violent felony, shooting at or from a motor vehicle, child abuse, child abuse resulting in death and tampering with evidence.
He is being held at the Metropolitan Detention Center on a $650,000 cash-only bond.
Torrez does have a criminal record but court records show all cases have either been dismissed for various reasons or he has been found not guilty of all charges, save a speeding ticket.
Police say Lilly’s father, Alan Garcia, had just picked Lilly and his 7-year-old son up from school and were attempting to exit westbound I-40 onto Coors when Torrez’s vehicle cut across traffic and forced him out of his lane.
Torrez and Alan exchanged words, after which Torrez pulled out a gun and shot at Alan’s truck, hitting Lilly at least once in the head.
Wednesday, an anonymous caller told detectives they knew who the shooter was and gave them Torrez’s name. Paired with other tips, detectives were able to track him down.
Garcia was shot in the head during the incident near I-40 and Unser Tuesday afternoon around 3 p.m. She later died at the hospital.
The vehicle Torrez was in before being taken into custody Wednesday afternoon was a green Lexus. It is not the same car police described as the suspect’s vehicle, which was a red Toyota sedan.
APD spokesman Tanner Tixier said officers followed tips to a home in the Westgate area of Albuquerque and set up surveillance. There, they discovered a man who matched the description of the suspect released by police earlier Wednesday.
Detectives followed Torrez and initiated a traffic stop near the old K-Mart at Central and Sunset. Tixier said the man was taken into custody without any incident, according to officers who were at the scene.
Tixier said police are working to obtain warrants on the vehicle the man was arrested in, as well as the home he came out of in Westgate. Tixier also said the suspect red sedan used in Tuesday’s shooting may be in the home’s garage. After the search warrant for the home is signed by a judge, police will search the home to figure out if the vehicle is in the garage, according to Tixier.
Should the suspect vehicle be in the garage, a warrant will be obtained to search it as well.
Tixier said officers and everyone else involved feels a “huge sense of relief” at the person of interest’s arrest.
Police did not say if they had recovered the suspect vehicle in Torrez’s garage.
At a news conference just an hour before the person of interest was taken into custody, Albuquerque Police Chief Gorden Eden said the police department, FBI and other agencies were working around the clock to catch the suspect.
A GoFundMe page for Lilly has been set up and has so far raised tens of thousands of dollars.
Rewards offered from the Mayor’s Office, Albuquerque City Council, FBI, CrimeStoppers and U.S. Marshals has reached a total of $36,000.
Alan Garcia posted to Facebook around the time it was announced a person of interest was arrested:
“I’m not sure what anyone can do for me at the moment. If your heart is good and your intentions are genuine any and all help would be appreciated. I know Lily would’ve wanted that all of you that know her no she was the light of my life she had away about her it was too mature for her age she was far more wiser than I will ever be she had such a big heart for everybody she definitely changed my world my little girl showed me how to truly love regardless of what people thought about me
peace and love peace and love and everybody peace and love
My little baby would sing this all the time.”
A candlelight vigil will take place for Lilly Saturday at Civic Plaza in Albuquerque at 6:30 p.m. More information on the vigil is available here.
This is a developing news story; stay posted to KOB.com and KOB Eyewitness News 4 for the latest information.
This breaking news story was originally published at KOB.com
4-year-old Albuquerque girl shot dead in I-40 road rage attack
ALBUQUERQUE — A 4-year-old girl died Tuesday night after being shot in the head in what police called a road rage incident on I-40 near Unser.
The highway was shut down all evening and reopened just before 9 p.m. after being closed for almost six hours.
Police say they are searching for a maroon or dark red Toyota sedan and describe the shooter as a white male, possibly Hispanic, who has short, dark hair and a goatee. Crime Stoppers is offering a $1,000 reward for information and asks people to call (505)-843-7867.
View: Suspect and Vehicle Info
“This should have never happened. This is a complete disrespect of human life, Albuquerque Police Chief Gorden Eden said in an evening news conference. “We’re starting to see this throughout our nation, and this is something that should not be happening in Albuquerque, New Mexico – let alone anywhere else in the United States.”
“It’s 100 percent preventable. It did not have to happen, and we need to rise up as a community and say enough is enough,” Eden continued.
He urged witnesses to come forward, saying witnesses had thus far given conflicting information.
“We are in desperate need of help to find this suspect,” he said.
“It’s a terrible, tragic loss, and it shouldn’t have ever happened,” Eden continued. “This is one of those crimes which is unexplainable. There is no way to explain your way out of this.”
The girl died after being transported to UNM Hospital after the shooting. Sources told KOB the family is from Albuquerque.
APD spokesman Simon Drobik said a Bernalillo County sheriff’s deputy pulled up alongside a car that was stopped on I-40 around 3 p.m. and discovered the girl shot inside the vehicle. The girl’s mother and father were also in the vehicle at the time, but were not injured in the shooting, which Drobik said stemmed from road rage.
“The dad explained there was some type of road rage incident. A car pulled up beside them and started firing rounds into the car,” Drobik said.
Drobik said the two cars were traveling westbound on I-40 when shots were fired from one vehicle to another.
Drobik said it was unclear exactly where the shots were fired, but that police are investigating along I-40 from Coors to 98th Street.
The police spokesman told KOB they did have a description of the suspect’s vehicle but had not located it as of 10:30 p.m.
Jonelle Tafoya says she was driving her daughter home around the time of the incident on a nearly-deserted I-40.
“We were actually behind the two vehicles that were in the middle of the road rage incident: red truck, red sedan,” she recounted. “The red truck was not allowing the red car to pass [and] kept swerving from lane to lane to keep the vehicle behind them.”
Fearing something bad was going to happen, Tafoya got off at Coors and dropped her daughter off at home. She later found out how the incident ended.
“I got the notification that something had occurred on my phone that a child had been shot in the head at Unser and I-40, and all I could think was, ‘oh my God. That was it exactly. That was probably the road rage incident we had seen.'”
She shared her information with Chief Eden as soon as his news conference was over.
A red pickup truck was seen at the scene where the incident ended, but it is still unclear who was driving the truck during the incident.
There was a bullet hole in the truck’s back windshield.
This story was originally published at KOB.com
Lapel camera shows repeat offender run down by APD truck
Warning: The video above contains some graphic images and language. Viewer discretion is advised.
Lapel camera footage reveals an Albuquerque police officer purposely swerved and crashed into a man accused of trying to run over officers on several occasions in order to finally take him into custody.
On June 4, 33-year-old Danan Gabaldon was tracked by five Albuquerque Police Department officers in southwest Albuquerque. Two weeks earlier, on Memorial Day, officers shot at him after he was cornered in an apartment parking lot driving a stolen car. He escaped the Memorial Day incident.
And months earlier, in March, he was arrested after a high-speed pursuit in the South Valley in which he tried to hit BCSO deputies.
The afternoon of June 4, the officers who tracked Gabaldon made sure they apprehended him at any cost.
After months of waiting for public records requests for lapel camera video from the June 4 incident, APD handed over the footage Friday.
The footage was edited by APD to blur out undercover officers, but at times, the entire video is blurred. Another edit appears to speed up the lapel camera of an officer in an undercover truck as he swerves into Gabaldon, who was fleeing officers after they confronted him and shot at him in the stolen vehicle.
When the officers finally confronted him in the 8400 block of Camino San Martin SW, APD says he hit two undercover cars and at least two officers with the stolen vehicle. Officers fired bean bags at him as he fled, and bullet holes were seen riddling the stolen vehicle.
But despite the crashes, Gabaldon, a repeat offender, managed to get out and run. Officers are heard ordering bean bags and Tasers on him as he flees and telling fellow officers to “stay cool.”
But as he ran off, the officer in the truck took notice, hopped back in his vehicle, and ran Gabaldon down.
Once the video is slowed down, Gabaldon’s head can be seen smashing into the truck as it hits him.
A bystander’s video was also included in the public records release that shows the moments before Gabaldon was hit.
After he is hit by the truck, a different officer’s lapel camera shows officers using Tasers on him and one officer shoving his elbow into Gabaldon’s bleeding head as they try to arrest him.
It again raises the question of where the line is drawn with APD’s reigned-in use-of-force rules implemented in conjunction with an agreement with the U.S. Department of Justice, though Gabaldon was a repeat car thief with a history of trying to elude and harm police officers.
Gabaldon was charged with 12 felonies and four misdemeanors for the police attacks and faces further burglary charges for a separate incident.
On June 22, District Court Judge Briana Zamora revoked Gabaldon’s bond, saying he was a flight risk and dangerous. He had previously cut off a GPS ankle monitor. He was indicted by a grand jury for the March incident and entered a not guilty plea in that case.
He remains at the Metropolitan Detention Center on a no-bond hold.
This story was originally published at KOB.com
APD officers accused of murdering James Boyd booked, released
The two Albuquerque police officers charged with second-degree murder in the shooting death of James Boyd last year were booked and released from jail Monday and Tuesday.
Dominique Perez was booked Monday morning just after 8 a.m. on second-degree murder and aggravated assault with a deadly weapon charges.
Former officer Keith Sandy was booked Tuesday morning around 7:30 on second-degree murder and aggravated battery with great bodily harm charges.
Perez was released Monday and Sandy was released Tuesday. Each spent little time in jail.
Sandy listed his home address as the Albuquerque Police Officers Association, while Perez listed his as APD Main.
Monday, a judge set their trial dates for Aug. 15, 2016. The trial is expected to last three weeks. Sandy’s attorney said he will seek a change of venue for the trial, as the case has received major attention in the Albuquerque media market.
They both pleaded not guilty to the charges at their arraignment last Friday.
This story originally appeared at KOB.com
Trial for 2 APD officers accused of killing James Boyd tentatively set for Aug. 15, 2016
The trial for two Albuquerque police officers accused of second-degree murder in the shooting death of James Boyd in the Albuquerque foothills last year has been tentatively set for Aug. 15, 2016.
The trial for Keith Sandy and Dominique Perez is expected to last for three weeks, including one week for jury selection.
Prosecutors have said they will need four days to present their case; defense attorneys plan to use the rest of the time.
At a scheduling conference in Albuquerque Monday, there was also discussion of possibly changing the venue for the trial to Las Cruces, as the case has received major attention in Albuquerque.
However, no motion for a change-of-venue has been submitted at this time.
Sandy’s attorney, Sam Bregman, said the judge gave a December deadline to file a motion for a change of venue.
Bregman said he plans to file the motion and hopes to have the trial in Las Cruces – outside the Albuquerque media market at the very least.
An Albuquerque judge ruled on Aug. 18 the two men will stand trial for Boyd’s death. They both face second-degree murder and voluntary manslaughter charges. Perez faces aggravated assault with a deadly weapon charges and Sandy faces aggravated battery with great bodily harm charges, in addition to the murder charges.
Neither Sandy or Perez were in court Monday, which Judge Alisa Hadfield brought up because neither filed a motion to recuse their appearance.