The murder and resulting investigation into the police shooting of James Boyd will mark the first time in the Albuquerque Police Department's history that officers will face murder charges for an on-duty shooting.
Officer Dominique Perez and now-retired Officer Keith Sandy shot and killed Boyd, who was mentally ill, during a three-hour standoff in the Sandia foothills in March 2014, reported to ABC's Albuquerque affiliate KOAT. They were bound over for trial on second-degree murder charges Tuesday by Judge Neil Candelaria, who believes there was probable cause for the charges brought against the pair.
The controversy surrounding this case is rooted in the fact that not only was Boyd handicapped, but according to Special prosecutor Randi McGinn, Boyd also reportedly surrendered before being shot in the back, according to the Albuquerque Journal.
"Whether you're a police officer or a citizen, you don't get to claim self-defense if you create the danger," McGinn said in court Tuesday.
The two will now be arraigned, booked into prison and then go before a judge who will set bond and other conditions of release, pending trial.
Following the decision, former Chief Deputy DA Pete Dinelli said he wasn't suprised by the judge's ruling, according to KOB Eyewitness News 4.
"I think the evidence was pretty clear-cut when it comes to probable cause. Again, probable cause is a very low level amount of evidence that has to be presented. And what that means is it's more likely than not that a crime has occurred," Dinelli said." The fact is this was more like a mini trial, where the defense as well as the prosecution threw everything they had at it. And you had a judge that was pretty even-keel...and did not tip his hand whatsoever during six days of testimony. It was a really remarkable event, and I hope it's going to restore some faith in our judicial system."
A second-degree murder conviction carries a sentence of 15 years in prison. A jury also could acquit the two officers or find them guilty of a lesser charge, like manslaughter.
The trial marked the 10-year anniversary of a mass shooting in Albuquerque when a mentally ill man named John Hyde went on a rampage killing five people, including two police officers.
