Lawsuits
NM Supreme Court: No legal ‘right to die’ for terminally-ill patients
The New Mexico Supreme Court on Thursday struck down a 2014 district court decision that ruled terminally-ill patients in the state have a legal right to aid in dying.
The 2014 decision by 2nd Judicial Court Judge Nan Nash ruled that a 1963 state statute that made it a fourth-degree felony for a physician to help another person take their own life did not apply to physicians who give a lethal dose of medication to a terminally-ill patient. Continue reading
Judge: Attorneys can’t use James Boyd’s full criminal history at trial
Defense and prosecuting attorneys will not be able to use James Boyd’s full criminal history in a trial later this year for two former Albuquerque police officers charged with his murder, a judge ruled Thursday.
Second Judicial District Court Judge Alisa Hadfield agreed Thursday with a motion filed by prosecutors for the state that jurors should only be able to know what officers were aware of regarding Boyd’s criminal history when they confronted him in the Albuquerque foothills in 2014.
“I don’t think it’s really any disagreement that evidence of specific instances of the victim’s prior violent conduct that the defendants were aware of it may be admitted for the purpose of showing the defendants’ fear of the victim,” said Judge Hadfield. “But that is limited to what they were actually aware of at the time of or prior to the incident.”
Keith Sandy and Dominique Perez are both charged with second-degree murder in Boyd’s shooting death and face a September trial.
Boyd had been arrested at least a dozen times before officers confronted him that day in the foothills for camping on open space land, which is illegal in the city.
Hadfield had previously said that she did not want the extra information to possibly taint the jury pool, something special prosecutor Randi McGinn also argued for.
“It’s not just blaming the victim. It’s something worse,” said McGinn. “It’s saying that no matter if we just shot him justifiably or not, it’s OK because he was mentally ill and he had done some bad things in his life and deserved to die.”
Jury selection is scheduled to begin Sept. 12.
Albuquerque police union complaint: APD, city failed to properly equip officers for Trump rally
The Albuquerque Police Officers’ Association – the union that represents the city’s rank-and-file officers – filed a complaint against the city and police department Monday alleging the department failed to protect its own officers during violent protests that took place following Donald Trump’s rally in Albuquerque.
The complaint, which seeks attorneys’ fees and other costs, asks for the city’s Labor-Management Relations Board to find that the city and APD broke the collective bargaining agreement (CBA) between the union and the city by “failing to properly plan, supervise and equip” officers during the violence. Continue reading
Tai Chan murder case goes to jury
The murder trial of Tai Chan, who is accused of shooting and killing fellow Santa Fe County sheriff’s deputy Jeremy Martin at a Las Cruces hotel in 2014, is now with a Las Cruces jury after defense attorneys and prosecutors gave their closing statements Monday morning.
The jury deliberated for around eight hours Monday afternoon into the evening before being sent home for the night. It will reconvene to deliberate at 8:30 a.m. Tuesday.
The state began the third week of the trial with its closing statements, arguing that Chan should be convicted of first-degree murder in Martin’s death.
It argued, as has been contested between prosecutors and the defense throughout the trial, that Martin was never armed throughout a drunken fight at the hotel room.
Chan testified Friday that sometime during the fight, Martin pointed his gun at Chan, which led to a scuffle and Chan eventually shooting Martin five times in the back as he fled out of the hotel room and down a hallway.
“If there was ever a clear case of first-degree murder, this is it,” prosecutors said. “This defendant had to make a conscious choice to pull that trigger each and every time he fired it.”
Chan’s defense has maintained he killed Martin in self-defense that night after a night of drinking at a Las Cruces pub.
His attorney, John Day, started the defense’s closing statements by saying the state did not meet the burden of proof that Chan did not act in self-defense the night he shot Martin.
“The burden is always on the state government of New Mexico to come in here and prove beyond a reasonable doubt that Tai Chan did not act in self-defense. They haven’t done it,” Day said.
Day argued that the state’s case for first-degree murder was full of holes — pointing out that detectives failed to test a black powdery substance on Martin’s hand that supposedly contained gunpowder residue.
“First-degree murder? No, it’s not first-degree murder. Second-degree murder? No. Voluntary manslaughter? No. He acted in self-defense, as he told you. He acted in self-defense,” Day said.
Day hammered home the self-defense claim.
“If Tai Chan had not acted to defend himself, we would have buried Tai Chan, and [defense attorney] Mr. Clark and I would have been defending Jeremy Martin,” Day said.
The case was sent to the jury around 12:30 p.m. Monday.
The two deputies stopped in Las Cruces that afternoon after dropping a prisoner off in Arizona, and were on their way back to Santa Fe.
DOJ report: UNM’s sexual assault policies not compliant with Title IX, need improvement
The U.S. Department of Justice Friday announced that the University of New Mexico’s handling of sexual harassment and assault reports by students does not comply with federal law and said many students are reluctant to report such matters because they lack confidence in the school’s response.
The Justice Department had investigated the university since December 2014 after a series of on-campus incidents and looked at UNM’s policies and practices for preventing sex crimes and for investigating and responding to students’ complaints.
The university worked in the months afterward to create campaigns aimed at stopping sexual violence, including the LoboRESPECT program. It also in the past had pointed to a task force on sexual violence it created in 2014 as showing the university was working toward solutions.
The report from the DOJ’s Civil Rights Division and Educational Opportunities Section, which was delivered to UNM President Robert Frank Friday, says that despite “strengthened” programs and responses to the issues, the university remains out of compliance with Title IX and Title IV.
The letter says students, faculty and staff “lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help.”
The Justice Department also found “significant” gaps in training and procedures when it came to investigating sexual harassment and assault allegations, which it said led to confusion, delays and distress.
The report also found that students had difficulty finding support at the university after incidents, which sometimes led to negative impacts in the classroom and even altogether withdrawal from the university.
The DOJ’s conclusion to the report notes five pointed measures UNM will have to put in place in order to comply with Title IX:
- Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
- Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
- Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
- Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
- Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
The Justice Department said it will continue to work with the university to implement the necessary changes, and said UNM was fully cooperative with its investigation.
“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division, in a news release.
The Associated Press reported earlier this month that the number of sexual assault and harassment reports at UNM tripled between 2014 and 2015, though the university attributed the rise to better education and reporting awareness. Staff members have been trained over the past year on how to deal with such reports.
“UNM is not alone in trying to deal with one of the most difficult problems on today’s college campuses,” President Robert G. Frank said in a press release from the university after the report was announced. “While we respect the efforts of the DOJ, we believe its report is an inaccurate and incomplete picture of our university. It is a brief snapshot in time that came on the heels of a high profile and widely publicized accusation of a sexual assault involving UNM students. Even so, we receive it in a spirit of cooperation and pledge to continue our campus wide improvements to combat this complex issue.”
“The DOJ’s findings are deeply troubling, and they highlight the complexity of these issues,” said New Mexico Attorney General Balderas. “We have to do a better job of protecting our students’ civil rights and providing them with safe environments conducive to learning. This trend is unacceptable, and I am committed to working with all stakeholders to help address these issues.”
Albuquerque settles civil suit with undercover officer shot by own lieutenant for $6.5M
The city of Albuquerque has settled a federal civil lawsuit involving an undercover Albuquerque police detective who was shot by his own lieutenant in what the department called a botched drug bust in Jan. 2015 for $6.5 million.
The suit was originally filed last August. A U.S. District Court Magistrate Judge said Wednesday morning she had received notice of the settlement involving undercover officer Jacob Grant and his lieutenant, Greg Brachle, according to court records. Continue reading
Las Cruces settles officer rape lawsuit for $3M
The city of Las Cruces on Tuesday agreed to settle the case of a former Las Cruces Police Department intern who was raped by an officer inside his patrol car for $3 million.
Dianna Guererro was raped by former Officer Michael Garcia and sued the police department, saying the department had a culture of sexism and inappropriate behavior that allowed people like Garcia to be preyed upon. Continue reading
APD lieutenant who shot undercover officer in botched drug bust files for retirement
The Albuquerque Police Department lieutenant accused of shooting his own undercover officer in a botched drug bust in January 2015 filed for retirement Monday.
APD spokeswoman Celina Espinoza confirmed to KOB Lt. Greg Brachle purchased PERA retirement fund time and filed for retirement. Continue reading
NMSP report: Man killed pointed gun at marshal before he was shot
ALBUQUERQUE, NM — New Mexico State Police on Wednesday gave an updated account of the shooting by U.S. Marshals over the weekend that left a man dead whose family says was an innocent bystander.
The update from state police Wednesday says 23-year-old Edgar Camacho-Alvarado, the man shot and killed, was following a deputy U.S. Marshal near the entrance of the trailer park, where Marshals were looking for fugitive George Bond.
State police wrote in their update that the deputy marshal tried to talk to Camacho-Alvarado, who allegedly pulled out a gun and fled.
The state police report says the deputy marshal followed Camacho-Alvarado to near the steps of Trailer No. 26.
At that point, state police say Camacho-Alvarado pointed his alleged gun at the deputy marshal, who fired four times at Camacho-Alvarado.
Camacho-Alvarado was hit once. State police say the autopsy shows he was hit under his right armpit in the front of his body and that the bullet traveled back toward the bottom of his left shoulder.
State police wrote that other deputies went to the area, moved Camacho-Alvarado from the steps, handcuffed him and rendered aid.
State police said marshals found a .9mm handgun near Camacho-Alvarado’s body, which they put into a marshal’s vehicle.
Marshals then went into the trailer and searched it, though state police say marshals did not search Camacho-Alvarado’s room because it was locked.
State police write that marshals ordered the entire trailer park to shelter in place while they searched for Bond after the shooting. He and six others were eventually arrested. NMSP, Albuquerque Police Department officers and Bernalillo County Sheriff’s Office deputies were all called in to assist after the shooting of Camacho-Alvarado, state police said.
State police said that its investigations bureau at some time obtained and executed a search warrant at Trailer No. 26, where Camacho-Alvarado lived.
They said that inside the trailer, they found a .380 caliber handgun without a serial number, a .380 magazine, empty rifle magazines and a loaded .9mm magazine “consistent with the weapon” found on Camacho-Alvarado’s body.
Camacho-Alvarado had had a felony warrant out for his arrest since Oct. 2014 after he violated probation by failing a drug test. He was convicted in 2013 of larceny over $2,500, tampering with evidence and possession of burglary tools.
The marshal who shot Camacho-Alvarado is Deputy U.S. Marshal Paul Hernandez, a 12-year veteran of the marshals.
State police say information and evidence is still being gathered. None of the state police report can be independently corroborated by KOB thus far because of rules that allow marshals and other law enforcement officers participating in marshals warrant services not to wear body cameras or release information from federal investigations.
Camacho-Alvarado’s family has also claimed he was shot at Trailer No. 23, while he was working on his truck, which differs from the state police report.
Camacho-Alvarado’s family intends to sue the federal government for his death, Albuquerque lawyer Bob Gorence said Tuesday. Gorence also claimed Camacho-Alvarado was shot “execution style.”
Family of man killed by Marshals in warrant service will file suit; attorney claims man was shot ‘execution style’
Albuquerque attorney Bob Gorence said Tuesday he will file a federal tort claim notice to sue the federal government over the shooting death of 23-year-old Edgar Camacho-Alvarado.
A news release from Gorence’s office Tuesday also alleges that the Office of Medical Investigator has deemed his death to be a homicide, though most killings of a person by another person are, and that federal agents shot Camacho-Alvarado “execution style.”
“Multiple eye witness accounts [say] that federal agents dragged Mr. Alvarado from the house after he had been shot in the back and, while gurgling and flailing his arms and, unable to respond to law enforcement commands, he was shot execution style in a coup de grace a final time in the back,” Gorence wrote in the news release.
Gorence wrote that if that is true, marshals would have violated Camacho-Alavarado’s Fourth Amendment rights.
His news release also says that agents were authorized a state search warrant that authorized only a daytime search warrant to try and find fugitive George Bond, and also alleges that the warrant was mistakenly issued for the wrong trailer lot.
Gorence has asked for all law enforcement reports relating to the incident, and goes on to talk about the differences in federal and state laws in being able to obtain information about law enforcement activities.
None of the claims in Gorence’s letter have been substantiated by law enforcement so far.
This story was originally published at KOB.com