Lawsuits
Bernalillo Co. Sheriff responds to 88-year-old man’s death at hands of deputies
Bernalillo County Sheriff Manny Gonzales on Monday responded to KOB’s story on Fidencio Duran, the 88-year-old South Valley man who died after being shot dozens of times with pepper balls during an incident last September.
Duran’s wife died September 14, 2015. The next day, Duran called his son and told him he was going for walk. Minutes later, a neighbor called law enforcement as Duran banged on her door, yelling and bleeding.
Bernalillo County deputies arrived, and according to their own reports, they called in a crisis negotiator and a Spanish-speaking deputy to translate. Duran was reported to be holding a 4-inch knife, refusing to let it go and asking deputies to kill him.
BCSO’s reports indicate they tried for 90 minutes to get Duran to put the knife down. But he was partially blind, deaf and distraught over the recent loss of wife.
Deputies devised a plan to get Duran to comply with their orders. At 10 a.m., they deployed the plan. They fired pepper balls at Duran and released a muzzled K9 to knock him over.
Medical records show that fall caused Duran’s femur and hip to shatter. Since Duran’s skin was old and thin, some of the pepper balls penetrated, leaving fragments of plastic inside. A medical report shows it took doctors days to remove all of the plastic.
One month later, Duran died. The Office of the Medical Investigator ruled the death a homicide.
Duran’s family’s lawyer filed a wrongful death lawsuit against Bernalillo County Sheriff Manny Gonzales and the department on behalf of Duran’s family.
Monday, Sheriff Gonzales sent a news release saying he “would like to express [his] deepest condolences to the family and friends” of Duran.
“The incident involving Mr. Duran, and his unintended death in the weeks that followed is currently being reviewed by the District Attorney’s Office,” Sheriff Gonzales wrote. “In the meantime, I have ordered the Internal Affairs Unit to conduct an investigation into this incident to better understand the totality of the events that transpired.”
This is a complex situation and as such, it will take time to complete a thorough inquiry. This Department takes the death of any person with whom we come into contact seriously, and Mr. Duran’s death is no exception,” the sheriff’s letter continued. “I am asking the public to be patient with the process as we await the outcome of the District Attorney’s review and the completion of the internal investigation.”
This story was originally published at KOB.com
Jury finds Albuquerque lawyer not guilty in 2012 shooting of homeless man at office
A jury on Monday found an Albuquerque lawyer accused of shooting a homeless man in the leg in his office in 2012 not guilty of all charges he faced related to the shooting.
The Bernalillo County jury found David “Chip” Venie not guilty of aggravated assault with a deadly weapon, aggravated battery with a deadly weapon and tampering with evidence charges.
David “Chip” Venie was back on trial last week after a judge declared a mistrial in his first case last summer after Venie represented himself but failed to follow court rules.
Prosecutors maintained throughout the trial there was no reason for him to shoot Stephen Biddinger, a homeless man, as he approached Venie’s office, located on Lomas at 8th Street.
In the 911 call, Venie said a man was trying to break into his office. Venie told the dispatcher he shot the man after repeatedly asking him to leave.
Biddinger testified the whole incident began when Venie made a disparaging remark toward him. Then, Biddinger says he followed Venie to his office to confront him.
The defense painted Biddinger as a career criminal and having been high on meth that morning.
An office worker at Venie’s law office testified Biddinger was on drugs and wanted to hurt people at the office that day before Venie shot him.
The jury deliberated most of the day Monday after the defense rested its case Friday.
Report on MDC guards’ macing and beating of inmate concludes use-of-force policy needed
An investigation into the macing and beating of a female inmate at Bernalillo County’s Metropolitan Detention Center in October found guards were not following an April directive from former MDC Chief Phillip Greer telling corrections officers not to use their mace except in dire situations.
Instead, the seven guards who were placed on temporary leavefor the incident, which was caught on video and obtained by KOB, said there were all following training and policy. Continue reading
Cellphone video unlikely to settle question of whether skate park shooting victim was armed
The city of Albuquerque and Albuquerque Police Department on Friday released two cellphone videos, primary police report and list of all officers who responded to the scene at Los Altos Skate Park March 22, when 17-year-old Jaquise Lewis was shot and killed.
The videos are not likely to definitively settle the question of whether Lewis was armed and therefore shot in self-defense as claimed by APD. That’s because the resolution is poor, the video is unsteady and the events unfolded from a distance after dark. Continue reading
Eden says he would have hired APD training director despite NMLEA investigation
The Albuquerque City Council posed several questions to Albuquerque Police Chief Gorden Eden regarding his hiring of Jessica Tyler as the director of the department’s training academy at Wednesday’s council meeting, and Eden said he would have hired her even if she had been under investigation by the state’s law enforcement academy at the time.
Jessica Tyler was hired as the new head of training at the APD academy three days after she resigned from the Bernalillo County Sheriff’s Office amid an ongoing internal affairs investigation into her actions regarding a deputy reserve training program.
Multiple internal affairs reports obtained by KOB last week show that she violated several BCSO standard operating procedures when she failed to tell her superiors of the lack of funding for the program and when she failed to tell them she knew about the IA investigations into her actions.
Eden told the city council Wednesday that he knew Tyler was under investigation by BCSO internal affairs when he hired her. He also said that he contacted the New Mexico Law Enforcement Academy in June – a month before she resigned from BCSO and took the APD job – which told him there was “no active, pending or prior LEA 90s” for Tyler at that time.
But BCSO filed the LEA 90 – a disciplinary action proposal – after she had already left, so it would not have been filed in June anyway, as the internal affairs investigation was still ongoing. The NMLEA will now have to review the complaint and decide if Tyler should keep her law enforcement certification.
But Eden also told the council at Wednesday’s meeting that even if NMLEA had told him there was an active investigation into Tyler, it wouldn’t have prevented him from hiring her.
“Not at all. In my many meetings with Jessica Tyler, she made me fully aware that there was an active, ongoing internal affairs investigation by the Bernalillo County Sheriff’s Department,” Eden said. “When she told me what the investigation was about, how the investigation – she feels – was originated, I made a decision that that would not influence her ability to serve in this executive role at the academy.”
He conceded that had there been an active investigation by the NMLEA in June, the agency would not have been able to tell him about it – a point brought up by Councilor Dan Lewis.
And though most of the internal affairs investigation into Tyler appears to have been released to KOB last week, though vast portions were redacted, Eden told the council Wednesday they would soon find out more about the investigation that would ease their minds.
“I think…once you hear the facts of the internal affairs investigation that was initiated, it will become clear,” Eden told the council. “I understand that Ms. Tyler, through the attorneys that are representing her, they will be making statements this week.”
It is unclear exactly when Tyler’s attorneys plan to speak, but KOB will bring you their statements.
When KOB’s original story ran, we asked APD to answer multiple questions regarding her hiring, including whether she underwent a formal background check and if she is allowed to direct the training academy while under investigation by the NMLEA, but the police department failed to answer any specific questions.
Instead, it sent a statement from city CAO Rob Perry:
“Major Jessica Tyler is an intelligent, experienced, proven, and capable law enforcement leader and the City of Albuquerque and Police Department are fortunate to to [sic] have her. I have all the confidence that her skills will help with the challenges of training, DOJ agreement, and the recruiting and retention of high quality police officers for APD.”
This story was originally published at KOB.com
Albuquerque sued over ‘policing for profit’ program
Two New Mexico state senators announced a lawsuit against the City of Albuquerque Wednesday in an effort to stop the civil forfeiture program.
The program allows law enforcement officials to seize and keep private property without a criminal conviction. The practice put New Mexico into the national spotlight last year when Las Cruces City Attorney Pete Connelly called civil forfeiture “a gold mine.” Continue reading
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.
Whistleblower lawsuit claims Valentino colluded with Gov. Martinez, Sec. Skandera to bring down APS CFO, put resigned admin. in place
Albuquerque Public Schools Chief Financial Officer Don Moya filed a whistleblower lawsuit Monday against the Albuquerque Public Schools Board of Education, APS Superintendent Luis Valentino and Public Education Department Secretary Hanna Skandera for his suspension after he blew the whistle on embattled former Deputy Superintendent Jason Martinez improperly handling APS contracts.
The lawsuit – filed by Egolf, Ferlic and Day LLC – says all defendants violated the New Mexico Whistleblower Protection Act and committed civil conspiracy when Valentino sent Moya a text message saying he was going to “go after” Moya for getting involved in contracts Martinez was trying to negotiate. Continue reading
Former APD officer found not guilty in wife’s death suing ValCo. detective who allegedly pushed case against him
Levi Chavez, the former Albuquerque Police Department officer who was found not guilty of killing his wife, has filed a federal lawsuit against a Valencia County detective involved in the investigation.
The 2007 shooting death of Chavez’s wife, Tara, was first ruled a suicide.
Chavez was later charged with her murder in 2011, then found not guilty.
The lawsuit says Detective Aaron Jones was so set on blaming Chavez he ignored steps in the investigation.
It also claims Chavez was charged without probable cause.
One of the defendants, former sheriff’s Detective Aaron Jones, said he did his job but wishes he and other investigators did a better job of preserving evidence.
Jones issued a statement to KOB Friday. He could not be interviewed because he is currently out of state. The statement reads as follows:
“I stand by what I did and would do it again..I make no apologies for doing my job. The only people I apologize to are the Cordova Family and Tera’s children for them constantly having to relive this nightmare.
I also wish that we (VCSO) had done a better job that night preserving evidence.
If I had a vendetta I would have filed a criminal complaint against him and arrested him myself.
I didn’t, I let the case go through a number of other channels including the NM state police, the district attorney and a grand jury.
I was as surprised as anyone that the case was being taken to trial. It was long after I had left the department.
Tera Cordova – Chavez death was assigned to me and was my responsibility to look into as a sworn public servant. I had an obligation to do the best I could for her, with what I had to work with. I did the best I could to be a voice for her and her family.
I will always be saddened by this case that I was entrusted with, no matter what the outcome.
We will all have to stand in front of the ultimate judge, God Almighty, some day.
I am ready for that day with a clear conscience. I don’t know if other people can say the same”
Originally published for KOB.com.
Charges dropped against two men involved in undercover drug bust in which cop was shot
The Bernalillo County District Attorney’s Office has dropped charges against two suspects in a drug bust earlier this month that resulted in the shooting of an undercover Albuquerque police officer.
Officers were allegedly buying meth from Damian Bailey and Edmond Vester when one of the suspects allegedly pulled out a pellet gun, forcing Officer Jacob Grant to reveal himself as an officer.
At some point, Grant’s own lieutenant shot him.
Both the DA’s office and APD say they dropped the charges against Bailey and Vester to give them more time to investigate. Both entities say the charges against the men will be refiled in the future.