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' : l l : l l p d n r s o o i p ; l M o I I l l l O U S l l M : l q l l l l p i l l ~ P : l S ! A P l l p t r a W = [ P : l l U 0 . l J U O O A I s n 0 ! A : l l d p s q o q p o r e i s 0 ! 1 \ - q n r o m
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( p A 0 S : S : l W l l [ S l l p ; l y q U : l P ! U : l : l q p s q O q M ) i o o f q n s S W I : l U l O q : l l p l p ! M S U O q O l l l : l W ! S ~ J o e u r p a s t x p a o q : l l : l q M 0 ! 1 \
l p ! M U O q l l S l : l A U O O J : l ! l q I I p l l q I ' t I N I I I s o p t s a r O q M : ) ! 1 \ A q o u o q d I p o l l ! A p e i o s r u o o S l l M I
s m o q L O S I A I ' l l U u q x O l d d y
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I I t l J 3 l p J O A d o o V , ( 3 q ! l : l l S : l \ 0 ! n o " A U l l d i l l O O 3 l p A q p ; l l 3 l d i l l O O S l 1 M U 0 ! l d ! l O S U l l l l S ! l p l 1 l q l p ; l W U : l q P l n o q s H
( ' D U , p ~ 0 0 8 ~ J O u o , s n l 0 u o o )
' v 1 = l O ' = l ,
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x o O M 4 ' M O U ~ n o ~ : H O ~ I ~ S ~ 3 W I 3 M i l i i l i O O S' O d O
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l Q , s s o d a = l , n b S , = l O ' ~ = l P U V : 3 D V O ' i l i D V
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= l , U p , p A l q O ' q o ~ d I O S ' S P U O ' W W O O D u , I T a A A I Q O ' q o ~ d S O ' M
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= l O ' q = l = l O O ' J a ~ = l ~ a = l J O ' P I 0 = l D u , a q a ~ a M n O A - - a ~ a M
n O A ' p , O ' S n O A a ~ , ~ ' ( a T q , p n O ' u , ) ~ o : 3 D V O ' i l i D V
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ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _/1975)
incident, there were people contained -- it's north
and south. Containment teams would callout hikers
in certain areas just so that we know that they're
in the area. I never saw -- I never had the
opportunity to look around other than through my
optics at the male.
DET. STONE: Okay. But based on what the
officers were radioing, you were aware that there
were possibly other hikers in the area?
DET. KEITH SANDY: There was absolutely in the
area.
DET. STONE: So you had lethal coverage and
Ingram had nonlethal coverage, and then
Weimerskirch, he's the dog handler, correct?
DET. KEITH SANDY: Yes, he's the dog handler.
DET. STONE: And he had his search dog with
him?
DET. KEITH SANDY: Yes, he did.
DET. STONE: Okay. Was he armed with anything?
DET. KEITH SANDY: He does have -- he had a
handgun on his side, but he -- he never deployed
it. It was -- that's my job as lethal coverage, so
that he can focus on handling the dog, ensuring the
dog is watching the male and dealing with the
responsibilities that come with being a K-9
handler. So he doesn't have to worry about a
firearm and a dog, my responsibility is to provide
him cover and provide for lethal coverage, as well
as for Rick Ingram, because Rick Ingram has the
less lethal munitions. And that was my
responsibility, to provide lethal coverage for both
of them.
DET. STONE: Okay. And that's typical in the
training, for you guys having to not only cover for
yourselves but also cover for the dog handler?
DET. KEITH SANDY: Yes, sir. And less lethal,
officers that are armed with less lethal munitions.
DET. STONE: You had mentioned that a couple
times throughout the incident he would pull either
'* This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
1<
IDNO.
REVIEWINGOFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
IDNO.
P11152B
162
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
a knife or two knives out of his pockets?
DET. KEITH SANDY: Yes.
DET. STONE: Were they always out of his pants
pocket?
DET. KEITH SANDY: Yes. Out of his left and
right front pocket. He had a set of BDU pants on,
so they were loose.
DET. STONE: Yeah.
DET. KEITH SANDY: It looked like they were
oversized. He placed them in the front pockets of
the pants, with the blades up.
DET. STONE: Okay. Approximately how many
times did you see him take the knives out?
Approximately.
DET. KEITH SANDY: I know he took them out
approximately four.
DET. STONE: Four times?
DET. KEITH SANDY: And then there was another
time, where he would place his right hand in his
pocket where the knife was at and (inaudible)
charge towards our location, telling Skirch, "I
should just come down there and kill you now."
Four times that I saw him.
DET. STONE: Okay. You mentioned that at one
point he picked up a sandwich and threw it in your
guys' direction?
DET. KEITH SANDY: Yes, sir.
DET. STONE: And you stated that Skirch's __
Weimerskirch's dog kind of went after the sandwich?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. Have you ever seen dogs do
that before, like go after food if they see
(inaudible)?
DET. KEITH SANDY: I don't know if it was a
matter of food, or if it was just an object that
came
DET. STONE: Came at him?
DET. KEITH SANDY: -- came at us. He threw a
dinner roll at us also.
* This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
REVIEWING OFFICER: I?
Sergeant E. Thomson
10NC.
2702
163
P111528
(REVISED 6/83)
10 NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
DET. STONE: Uh-huh.
DET. KEITH SANDY: I don't know if -- what __
what were his thought processes behind it, if he
was -- if he was going to range us, to see how far
we were so that -- there was a lot of loose rock, a
lot of loose debris up there, (inaudible), or if he
was just in an agitated state and that was what was
near him and he threw it at us.
DET. STONE: Okay. You had mentioned that he
was getting -- he would get irate and he would say
that you guys changed the agreement on him. Did
you guys have any agreement with him?
DET. KEITH SANDY: No. He said that he was
going to walk down off the mountain. Weimerskirch
asked him to put down his knife before he did that.
He refused to do that. And then, as he put his
backpack on and his (inaudible) and started to walk
down the first time, Weimerskirch told him, "Do me
a favor. Put your hands on your head for me."
There was no agreement, there was nothing
ever told to him, that these were the steps you're
going to take. And that's when he put his backpack
down and started -- and he walked all the way to
the north and told them, "You changed the
agreement," and then came back to us.
DET. STONE: Okay. All right. Based on your
training, when you're trying to apprehend or take
someone into custody for felony charges, is it
typical to -- especially if they're armed with
anything, any kind of weapon, is it typical just to
allow them to walk away or towards you?
DET. KEITH SANDY: No.
DET. STONE: Okay. At one point you say Ingram
had requested another impact weapon to the scene?
DET. KEITH SANDY: Yes.
DET. STONE: And Jim Fox said he was going to
send a Taser shotgun, but he specifically requested
a beanbag?
DET. KEITH SANDY: Yes, sir.
* This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
/i
Sergeant E. Thomson
REVIEWING OFFICER:
5199
IDND.
2702.
164
P111528
(REVISED 6183)
IDND.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" C"I975)
DET. STONE: Did you know why Ingram wanted a
beanbag there as well?
DET. KEITH SANDY: It was an extra impact
weapon with -- where a shotgun Taser wasn't
deployed (inaudible) impact. It's an electronic
device. He wanted the beanbag there as an impact
weapon just as another layer in our plan.
DET. STONE: Okay. And you had mentioned that
when you had deployed the bang, you threw the
flashbang, it didn't appear that it achieved the
desired effect. Had you had previous training with
flashbangs?
DET. KEITH SANDY: Yes.
DET. STONE: Have you seen the deployment of a
flashbang at, say, other suspects
DET. KEITH SANDY: Yes.
DET. STONE: -- in the past?
DET. KEITH SANDY: Yes.
DET. STONE: And what is the typical response
you see when a flashbang goes off in front of a
suspect?
DET. KEITH SANDY: I've not only seen
flashbangs' effect on other people, I've been also
sUbject to their blowing up and (inaudible) within
my immediate area.
DET. STONE: Okay.
DET. KEITH SANDY: It's five pounds
overpressure. It's going to have (inaudible)
light. And it's extremely loud. It's -- I've seen
flashbangs deployed and completely knock people off
their feet. And I've seen where it deploys,
detonates, and it stuns an individual to where it
takes them a minute to regain their thought
process.
When I've experienced a flashbang
detonating, it -- your ears ring, it's super hard
to hear. And with that overpressure, it doesn't
it's kind of -- it takes you a minute to regain
like a thought process to be able to figure out
This form Is for additional narrative Information only. Any addftJonal persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO.
P111S28
(REVISED 6f83\
165
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ""1975)
what you need to do.
DET. STONE: Okay. And this type of
disorientation, does this guy -- does this give you
guys like an opportunity or an advantage to -- or
assist you in taking someone into custody?
DET. KEITH SANDY: It does give us an
advantage. It creates a reactionary gap where he
is trying to gather himself back together, and it
allows us to close distance and get to where we can
get to him in a safe manner.
DET. STONE: Okay. And you said that on this
particular -- with this particular subject, it
seemed to affect him differently?
DET. KEITH SANDY: It didn't really affect him
as -- as it should have. He looked at it. It
landed at his feet, bounced to his right. He
looked down at it when it detonated.
DET. STONE: Okay.
DET. KEITH SANDY: And the only thing I saw was
him stand straight up and go step on the ground
like in an aggressive manner.
DET. STONE: Okay. So it did not achieve the
desired effect that it usually achieves?
DET. KEITH SANDY: Did not.
DET. STONE: Okay. Let's talk about Taser
training. Had you ever felt the effects of a Taser
before?
DET. KEITH SANDY: Yes.
DET. STONE: So have you ever seen the effects
of a Taser on another individual?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. You had mentioned that Nick
[sic] Ingram had deployed his Taser shotgun twice,
right after the flashbang?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. Did the sUbject appear to
be presenting what you normally would see in a
person who was feeling the effects of a Taser?
DET. KEITH SANDY: I would expect him to __
* This form is for additional narrative information only. Any addiUonal persons, property, change of status, eto., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
REVIEWING OFFICER:
166
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BAn _/1975)
his -- it to lock up his -- his muscles. It was __
the conversation -- once the male put the hoodie
on -- I could see prior to that he had two T-shirts
on, then the shop shirt, and then he put the hoodie
on. And Rick and I had dialogue regarding the fact
that there was too many layers on his upper torso
for the Taser shotgun to effectively -- the barbs
to effectively contact the skin. We decided that
he needs to attack the lower extremities, the legs
with the Taser shotgun. We couldn't tell if he was
layered in pants.
When -~ after he fired the first round, and
there was -- I didn't see the effect, I didn't see
his legs lock up, I didn't see him waiver. He
stood still. The second round was fired. Again,
not the desired effect. The only thing I saw him
do is bend over, and I think that that was more to
address the approaching K-9, that he put his hands
out front.
DET. STONE: Okay. And while Ingram is
deploying this Taser, is this at the time when you
guys are now closing distance with the subject?
DET. KEITH SANDY: His first round, we were
not.
DET. STONE: Okay.
DET. KEITH SANDY: On the second round that's
fired, I had already taken a couple of steps. I
remember stepping off, having a couple steps, and
then hearing them fire the Taser shotgun again.
DET. STONE: Okay.
DET. KEITH SANDY: So we were closing distance
at that point.
DET. STONE: Okay. And while you were guys
were closing distance, do you remember giving or
anyone giving verbal commands to the subject?
DET. KEITH SANDY: Yes. There was -- numerous
officers were saying, "Get on the ground, get on
the ground." Once the flashbang detonated commands
began, "Get on the ground, get on the ground, get
.. This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson q(
167
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "'1975)
on the ground," to which he never showed any intent
to comply with those.
DET. STONE: Okay. And this -- these movements
and these commands, are these typical training when
you're taking someone into custody?
DET. KEITH SANDY: Yes.
DET. STONE: Or I should say typical practice?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. Being in the position that
you're in and the job that you have, have you seen
before when dog handlers release their dogs for
apprehension?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. Is it typical for a dog to
go up to a subject and then immediately come back
to the dog handler once it's been released?
DET. KEITH SANDY: I don't -- I've seen K-9s
deployed, but I don't know enough about K-9s, nor
do I -- have I been involved enough with K-9
(inaudible) to answer that. I can't speak on
behalf of the dog or the handler. I don't know
their training and I don't know -- I don't -- I
don't know enough about it.
DET. STONE: Okay. When Weimerskirch released
his dog and the dog got up to the subject, about
how close do you think you guys got to him, the
subject?
DET. KEITH SANDY: We were close. We were __
when I saw his knives come out and, like I said,
Weimerskirch was in front of me, I know I was
within 20, 25 feet when the knives came out.
Weimerskirch was in front of me.
I know by the time I stepped around
Weimerskirch and was able to engage the male, we
were closer than that. I would say within 10,
12 feet.
DET. STONE: Have you ever had any training or
experience on when encountering a subject with
like, say, an edged weapon (inaudible) like that
.. This form Is for additional narrative information only. Any additional persons, property, change of states. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer fife.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson II<'
168
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BAH _1975)
and what the distance between you and him and __
kind of like the threat level?
DET. KEITH SANDY: 21-foot Tueller drill?
DET. STONE: Exactly.
DET. KEITH SANDY: Yes, sir.
DET. STONE: Okay.
DET. KEITH SANDY: That -- and that is -- that
was skewed as a result of us being on the hillside,
and the downward angle was twice the distance. But
the reactionary gap was cut in half because of the
momentum that he gains as he moves towards -- moves
in the down -- the downhill grade.
DET. STONE: Okay. So it would be different
than, say, if he was on a street or a sidewalk
DET. KEITH SANDY: Yes.
DET. STONE: -- that's pretty level?
DET. KEITH SANDY: Yes, sir.
DET. STONE: So when you guys are moving up
towards him, the dog has come back, and he now has
taken his knives out and put them at chest level
DET. KEITH SANDY: Yes, sir.
DET. STONE: -- what did you think he was going
to do at that point?
DET. KEITH SANDY: It was at that point that,
with the statements he had made, his aggressive
maneuvers towards us, our close proximity is -- I
was in fear for myself, for Scott Weimerskirch, for
Rick Ingram, that one of them might have been
seriously injured or fatally wounded at that point.
DET. STONE: Okay. So you thought that he was
going to stab one of you guys?
DET. KEITH SANDY: Yes, sir.
DET. STONE: So you had mentioned that when you
had finally moved into a position where you could
take your shot, you said he had moved kind of to
the left?
DET. KEITH SANDY: It wasn't -- when I -- when
I gained my position, it was -- I was up, I had my
reticle for my optics center mass. I remember
* This fonn Is for additional narrative information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO.
P11H528
(REVISED 6183)
169
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ,-1975)
seeing the gap on his chest in my optics. I had
disengaged the safety on my rifle and I had made
the conscious decision to fire my rifle.
As I was beginning -- going through this, he
began to move his body to the left. As I'm
processing that, I'm thinking to myself, he's going
to try to flank around the dog and move I guess to
the east and then to the south in a quick little
(inaudible) maneuver, in order to get the dog from
getting between him and us.
Now, that would have taken -- the way that
-- with the rocks and the way that Weimerskirch and
I was were situated, it would have taken a lot of
time to recover and adjust and address him had
he -- the way my mind and my perception, is that
was his plan. As he was turning to the left, I
fired my first shot center mass. I followed it
immediately with a second shot.
And after this -- I remember pulling the
trigger twice, coming off the trigger with my
finger, and staying on him with my optics. He was
still standing, he was still -- had motor skills.
I put my finger on the trigger and fired a third
time. As I did that, that's when I saw his body
fall forward --
DET. STONE: Fall forward?
DET. KEITH SANDY: -- and land on his stomach.
DET. STONE: Okay. Were you able to see -- and
I know you're trained in on your optic now, but
were you able to see if he ever dropped the knives
at any time?
DET. KEITH SANDY: I did not.
DET. STONE: Okay.
DET. KEITH SANDY: And I know -- I know that
because, as we approached him, once he was on the
ground, both knives, he was still clenching both
knives. (Inaudible), he was clenching them still
in both his right and left hand.
DET. STONE: Okay. While this was going on, do
* This form Is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer fire.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWINGOFFICER: Sergeant E. Thomson
170
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
you know if anyone else around you shot?
DET. KEITH SANDY: I didn't hear other shots.
But I can go to the aUditory exclusion, but once we
had gone up and Domingue Perez and I cleared the
area where his -- his belongings were
DET. STONE: Uh-huh.
DET. KEITH SANDY: -- and in the rock
formations up there, it was at that point that
Domingue said, "I need to get myself off this
mountain," and I turned and asked him, "Did you
shoot also?" he said, "Yes." that was it, that was
the end of our conversation.
And then he -- I walked down and he walked
down and I didn't see him the rest of the night.
DET. STONE: Okay. All right. Is there
anything else, Keith, that you think is important
that I have not asked you?
MR. ROBLES: Do you want to take a break
(inaudible)?
DET. KEITH SANDY: Please.
DET. STONE: Okay. Let's go ahead and end the
interview right there, right now. It's 1719 hours.
(Off audio.)
DET. STONE: All right. This is Detective
Stone with APD. We're back here on the record
interviewing Detective Keith Sandy.
Keith, do you have anything else that you
wanted to add before we conclude for today?
DET. KEITH SANDY: I did. I wanted to clarify
on positioning and terrain. Though -- well,
despite our attempts to get to an area where we
were on level ground, he was still elevated.
DET. STONE: Uh-huh.
DET. KEITH SANDY: And at an advantageous
position. The trail -- the game trail between he
and -- between myself, Ingram and Weimerskirch was
narrow. It's only wide enough for one person.
DET. STONE: Okay.
DET. KEITH SANDY: Once the K-9 was deployed,
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propliate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
/V'!
Sergeant E. Thomson
5199
10NO.
2702
REVIEWING OFFICER:
10NO.
P111528
(REVISED 6f83)
171
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
_O_ffi_c_e_r_In_v_o_lv_ed_S_h_o_ot_in-,g,,- __ CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
the male assumed his aggressive stance, armed with
knives in both hands. Because of the geographies,
Officer Weimerskirch, his position in front of me,
and I had to position myself in front of him to
prevent the male from carrying out his threats and
stabbing either myself, Officer Weimerskirch or
Detective Ingram, that's -- that's when I
maneuvered around him. The terrain was tough to
navigate during that time. There was rocks, it was
real -- it was kind of (inaudible) and the cactus
(inaudible) negotiations with him -- negotiating
with him (inaudible).
DET. STONE: Okay. So -- so would this -- the
area you guys were operating in, like you're
saying, is real steep and has a lot of terrain,
would be a lot different than what you guys are
usually used to operating in out here in the city?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. Anything else?
DET. KEITH SANDY: No.
DET. STONE: All right. Let's go ahead and end
the interview at 1731 hours.
(Conclusion of recording.)
It should be noted that this transcription was completed by the company "Quickskribe." A copy of the full
transcription report will be included with this case as well as tagged into evidence. Please refer to the
transcription report for complete details. Detective Sandy's sketch will be included with this case.
It should be noted that Detective Sandy had a digital audio recorder with him that was activated and recorded
approximately 6 minutes worth of audio from when Detective Sandy first arrived on scene. This audio was
collected from Detective Sandy and tagged into evidence when he was processed on scene by Criminalistics
detectives. Detective Sandy also had a Scorpion lapel camera on him that was also processed by Criminalistics
detectives however no video of this incident was located or recovered.
Approximately 1802 hours
Agent H. Cage and I conducted a recorded interview with SWAT Officer Dominique Perez. The following
is the transcribed interview I conducted with Officer Perez .
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
10 NO.
2702
10 NO.
P111528
(REVISED 6(83)
REVIEWING OFFICER:
172
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "/1975)
DET. STONE: Today's date is Tuesday, March 18,
2014. It is approximately 1802 hours. This is
Detective Geoff Stone, with the Albuquerque Police
Department. And we're here at the Family Advocacy
Center at 625 Silver, Southwest. This is an
interview in reference to an officer-involved
shooting. It's reference Case Number 14-0023683.
And present in the room, I'm just going to
go around the table.
AGT. CAGE: Officer -- or, I'm sorry, Agent Hal
Cage, New Mexico State Police Investigations
Bureau.
DET. SEDLER: Anthony Sedler of the Albuquerque
Police Department Tactical Section, SWAT team?
DET. DOMINIQUE PEREZ: Dominque Perez,
Albuquerque Police Department SWAT team, tactical
section.
MR. ROBLES: Luis Robles, the attorney on his
behalf.
DET. STONE: All right. And we are here
interviewing Dominque Perez reference this
incident.
Dom, what I'm going to do is, I'm just going
to give you the floor, man, just let you run
through everything that you did during this
incident from start to finish. Go right ahead,
man?
DET. DOMINIQUE PEREZ: Okay. On the -- today,
on March 16th, I was at home, sitting with my
family. We had just gotten back from -- from a
lunch. We usually go there on Sundays to have
lunch with my wife's grandparents. We had just
gotten back and I was sitting there with my mother
and my grandmother. They had actually came over
because my birthday was earlier that week and they
wanted to give me some presents or some gifts and
hang out with the kid.
So we were sitting around the table talking
with my family and I received a phone calIon my
* This form is for additional narrative infonnation only. Any additional persons. property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson N{
173
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
city phone. And went to answer it, caller ID, it
was from my supervisor, Sergeant Fox. That was
roughly about 1845. I picked up the phone. He
advised me -- asked what I was doing and just
that -- started to give me some information, that
he had a situation that was happening in the
Foothills that he wanted to start sending some
tactical guys to see if we could help out with
before it potentially had to go to a full SWAT
activation.
So he gave me the limited information that
he had, because he said he was en route there also.
He gave me the directions, the rough directions up
into the foothills. I got off the phone with him
and he had just told me that there was a subject
that was armed, threatening officers in the
foothills. I was like, "All right." I got off the
phone, let him know I was going to be en route.
I immediately went and got dressed out in my
SWAT uniform, made sure I had everything as far as
I needed from the house, went and kissed my wife
and kids good-bye, and my mother and my
grandmother, and told them a quick good-bye, .then
went outside to my unit. Got in my unit, turned on
my -- turned on my KDT and started trying to log
on, and started en route to the area that I knew
from the directions that Sergeant Fox had given me.
It takes a little bit for my KDT to boot up,
so while en route, though, from the time I left the
house till I arrived at the end location, 812
Piedra vista, I was reading the remarks on the
call, trying to gather the information from what
was going on with the situation and started reading
through the remarks. Pretty much everything that I
had received from reading on that, that officers
were dispatched to a call in reference to a suspect
who was illegally camping in Open Space, which is a
crime, and upon trying to contact the sUbject, they
had -- the sUbject had pullout knives on them and
"This form is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson K
174
5199
IDNO.
2702
10 NO.
DATE 09126/2014
DATE 09126/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"./1975)
__Offi_c_e_r_In_v_o_lv_e_d_S_h_o_ot_in..,g::-.__ CASE NO.
140023683
advanced on them in an aggressive manner. And also
that they had backed off from the suspect and were
trying to establish a perimeter.
So reading that information, I -- I was
reading -- pretty much there was a lot of
information on the KDT that I was trying to gather
while I was en route. The supervisor there had
identified the suspect as James Boyd and asked for
further information in regard to that. Also on the
remarks that they were also trying to get
additional resources there with less lethal options
and CIT officers.
And the -- the supervisor, after
identifying -- or seeing that the subject was James
Boyd, asked for further investigation -- or further
information on James Boyd. There was information
listed on the call that James Boyd had an extensive
criminal history; in the past had been willing to
use a weapon to harm police officers in multiple
jurisdictions, including Albuquerque; that he was a
paranoid schizophrenic, and that officers should
use extreme caution when contacting him.
So after reading that information, I started
listening -- I was listening to the radio as well
while I'm en route for any additional information
with the approach route, how we should get there or
any information from my supervisor, should he be
arriving before I did, of anything he needed in
particular.
The information over the radio, and then I
was also reading remarks on the call, were that the
suspect was shouting at officers that he was going
to kill them; that if anyone got close to him, he
was -- they were -- somebody was going to get hurt.
He was wanting to be called the boss, or something
like that. But he stated that he was militarily
trained and -- was the information that was on the
call, that he was militarily trained, and if
officers got close to him, that he wasn't going to
.. This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson /f('
175
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE
_O_ffi_c_e_r_In_v_o_lv_e_d_S_h..:.o_ot_in~g=-- __ CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "/1975)
be the one who got hurt.
There was other officers that were -- the
officers that were present during the information
that I was reading were saying that they were -- or
the sUbject -- or the suspect, excuse me, was
throwing rocks at officers. All this information
I'm gathering there, and then also trying to listen
to the radio. The other aspect, as far as the
approach route, it was told that you could just
drive right up to the 812 Piedra Vista because it
was taking place somewhere behind that.
I end up arriving to the scene and exit my
vehicle. I see a bunch of marked police units, so
I'm trying to orient myself on where the situation
is taking place. So I walk over to a -- I'm not
sure which -- what the numerical was. I walk over
to like a stucco house, and I'm looking out towards
the east in between two structures, two houses, and
I had visual of a -- of a figure standing on a
like a rock formation, kind of oriented to the
south. I could only see about from his -- from his
knees up. It's -- now, I'm trying to orient myself
on it, so I see him and trying to identify what the
subject is -- or what the suspect -- or if this is
the suspect, excuse me.
I then look over and notice that there are
other people around there, and I'm starting to
identify who are the officers and where are they
positioned. So by then I ascertained, basically,
that that was potentially the subject, who it is,
and then realized, because he's shouting at the
officers that are to the -- to the south, he's
shouting at them, having some type of dialogue with
them.
Looking at the overall layout of the terrain
and everything, he was definitely in a position of
advantage over those officers. And the terrain
there was very rocky and rural and didn't -- didn't
look like there was a lot of cover and concealment
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO.
P111528
(REVISED 6/83)
176
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75)
for officers to be able to position themselves. So
I was looking at that for my assessment on how I
should approach, depending on where they needed my
help.
I walked over from -- from there, having
gathered that information, walked over to my SWAT
sergeant, checked in with him really quick and just
advised him, because I'm also trained as a sniper
observer, if he wanted me to deploy in a high
ground capacity in that sniper observer position,
or if he wanted me to join the arrest team. He
advised me that -- and he told me that (inaudible)
one of our teammates that was deploying in that
capacity, so for me to just go ahead and dress for
the arrest team and to go join them.
I went right back to my vehicle and started
dressing -- dressing out for the arrest team,
putting on my equipment, my SWAT equipment, which
entails a variety of options, less lethal options,
and overall equipment that's needed for any type
of -- any situation, to include -- I'm sorry, I'm
trying to think of all this. I should include like
noise/flash diversionary devices, I have electronic
restraint device, my Taser, my helmet, with
recording device, light, night vision equipment.
Because it was getting dark, I thought there could
be the potential that this could go past into
the -- into the dark hours, so I wanted to be
prepared for that. I took my night vision
equipment with me. And then grabbed my rifle and
joined my team leader, Ramon Ornelas, and we walked
up to the place where I moved up to observe the
situation and try and get my bearings. We walked
up in between those, which is like on a side yard,
and walked towards the back gate, which opened up
to the mesa.
Upon walking up to that, I'm talking with
Officer Ornelas. I'm trying -- I'm trying to help
him and orient him on where our resources are,
.. This form is for additronal narrative infonnalion only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
REVIEWING OFFICER:
10 NO.
2702
10 NO.
P1,1528
(REViseD 6/83)
177
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75)
where the subject is, because at that time, the
subject was now out of view. I pointed towards the
rock formation that the subject was using as like a
hiding or a cover position from the other officers.
And he was able to look and orient himself on that,
and I talked to him about where the other officers
were to help with containment, the very spread-out
containment, due to not that much terrain for
cover.
And while I'm talking to him, Sergeant Fox
is standing there at the back gate and talking to
the arrest -- the arrest team that was to the south
and asking if they needed any further less lethal
options. And he was advising them that he was
about to send two -- two operators up, myself and
Officer Ornelas. He's motioning to us to go ahead
and start heading up. .
So we moved up to his spot there at the back
gate. We're now -- at this gate, it's about a
hundred yards to the base of the hill, that the
suspect is halfway up that hill on that rock
formation. So I start to walk off to go join the
arrest team, and the information was now coming
back from the arrest team that they would like
further less lethal -- excuse me, basically a
beanbag, they were requesting a beanbag --
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: -- shotgun be brought
up. I (inaudible), I said, "I'll get it." And
but -- or excuse me, Officer Ornelas is like, "I'm
closer. I'm just go grab it from my truck."
So I stand by for a brief minute, but then
make the call to Sergeant Fox to let him know I'm
going to go ahead and head up and Ramon can join
me, I'm just going to move up. So he'S good with
it.
I start moving across the terrain and
focusing on the area. Like I said, it's starting
to get dark now, and I'm just trying to pick the
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone 5199 DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED Bill'"
Sergeant E. Thomson
IDNO.
2702
REVIEWING OFFICER:
IDNO.
178
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
best path to get up there, the safest path. As I'm
walking up, I get to about the base of the hill,
and there's a -- kind of like a larger boulder that
I see a State police behind and also an APD field
officer that appears to me, and they're oriented
towards the east, towards up the hill, and looking
at -- focusing on where the subject -- excuse me,
the suspect is at.
I move up to them because I can tell that __
right now as I'm moving up, I'm focusing on them,
and then I'm also looking at what's happening on
top of the rock formation. And the male subject
is -- excuse me, the male suspect is standing on
there, and clearly shouting and having some type of
angry, erratic behavior towards the officers to the
south, which I am now understanding is the arrest
team.
I move to that boulder and stop there for a
brief second, because it looks like there's
something transpiring, there's some interaction
happening, that something is going to take place.
The suspect is grabbing his -- some bags or some
belongings, shouting, but still grabbing them, and
walking a little bit down towards those officers to
the south. So I wait there because I don't want to
introduce myself into any potential situation that
happens between them. So I wait, then the suspect
changes his demeanor, gets really aggravated,
throws down his bags, and begins arguing, you know,
shouting at them again.
So at this time I realize he's not going to
continue down towards those -- towards the arrest
team in the south, and I start picking out my path
on how to get up to them to supplement them. So I
look towards the south, and, like I said, it's very
rocky terrain and it's going upward, where I have
to go -- I have to go in an upward fashion towards
the east. I'm coming around to the south and I
start walking through the cactus and the rocks and
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement rorrn to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWINGOFFICER: Sergeant E. Thomson
179
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REViSED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSELOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
stuff, and walk over, coming in from the south,
heading north, not too far in the bend, if you
will, and start coming up pretty much to the west
and south of the arrest team.
I move up -- I'm getting -- I'm getting
pretty close to where they're at, to where that
arrest team is staged at, and I start -- I'm really
focusing on the subject because now he's trying to
handle his bags again. He's still standing on this
rock face, which (inaudible) this rock formation,
but now, in the position I'm at now, he is
definitely towering over us and has a tactical
advantage over us. There's nothing that we can
that I can really get behind to provide me with
cover.
So I'm -- I move up to about a position that
was a little bit west of them and wait there,
because now there's some interaction happening
between him the suspect, and the arrest team -- the
arrest team there to the south, and they're having
some type of dialogue. He's shouting some -- the
only way I can describe it is like psychotic
statements, erratic statements, at them
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: -- saying that it would
be -- not to get too specific, but I heard
something like he can murder -- he can -- it's
legal for him to murder them, or something along
those lines.
So as I'm standing there, I don't want to
draw too much attention to myself because they're
having this interaction, and I want to help them in
any way I can as far as supplementing a plan or
anything that they need. So I move up and I pause
there, waiting for a pause in their interaction
with the subject so that now I can move up and
gather any information or see where they need me so
I can help.
I'm sorry, may I jump back?
This form is for additional narrative information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
t
10 NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
10 NO.
P111528
180
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
_O~ffi_c_e_r _In_v_o_1v~e_d_S_h...:.o_ot_in~g,,---- __ CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
DET. STONE: Absolutely?
DET. DOMINIQUE PEREZ: I just thought of
something.
DET. STONE: Sure.
DET. DOMINIQUE PEREZ: When I was -- when I was
en route to the actual call, I forgot one remark to
me that is very pertinent. This subject had
obviously been armed with the knives and advanced
on the other Officers, but also that he had taken
those knives, left them open, and put them in his
front pockets or in his front waistband area __
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: -- opened, apparently in
order to conceal them. To me, gathering that
information, in order to conceal them and then to
be -- have them ready available.
DET. STONE: Sure?
DET. DOMINIQUE PEREZ: So now -- I apologize on
that. Jumping back forward to where I'm at in my
position, as I was moving up into that position, I
noticed his behavior and that interaction was
happening between him and the arrest team to the
south. And because of that behavior, I immediately
swiped on my camera to start gathering information.
I clicked on my helmet camera and I was waiting
there.
So that interaction was happening and in
order for me to best describe the events that
transpired now, there was a lot of moving parts, a
lot of complexity that was happening. So I'm going
to try to take it in little segments to best
describe it for you.
DET. STONE: Sure. Take your time, man?
DET. DOMINIQUE PEREZ: So I'm holding my
position. The arrest team is to the south; they're
having that dialogue, talking with the sUbject, and
he's shouting back at them. They -- they have what
-- I can clearly identify that they have several
less lethal options available to them. By the
.. This form is for additional narrative information only. Any additional persons, property, change of status. etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer fife.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
0""
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO.
P111528
(REVISED SI83)
181
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James BoydAKA "BA" ~975)
clear markings on the X-12 -- on the Taser shotgun.
That was the officer that was closest to me. I
could tell that he was -- had that. We also had a
K-9 police service dog. And they were there with
that interaction.
Now, from their po~ition -- I was already at
a lower position to the subject. Now, they're also
at a lower position, but just higher than me, if
that makes any sense.
DET. STONE: Yes.
DET. DOMINIQUE PEREZ: There was what appeared
to be like a tiny deer trail or -- not really even
a walking path, but like a deer trail that they
would have to cover and negotiate to make contact
with the SUbject -- excuse me, the suspect.
DET. STONE: If it helps you out, man, you can
draw it out. Draw like a little map?
DET. DOMINIQUE PEREZ: Sure. So here's the
here's the rock face -- or excuse me, the rock
formation.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: And there's multiple
like boulders and things like really large, rocky
terrain. Down here the suspect is about here.
DET. STONE: Would you write like "suspect"
there.
DET. DOMINIQUE PEREZ: Sure.
DET. STONE: Yeah. Okay. Cool?
DET. DOMINIQUE PEREZ: So there -- this is
this is higher than the officers who were staged
roughly here. I remember there being like some
type of bush or tree.
DET. STONE: This is the arrest team?
DET. DOMINIQUE PEREZ: Yes, the arrest team.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: I remember there being
some larger boulders here.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: And then I am down about
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATINGOFFICER:
Detective Geoffery T Stone
5199
10NO.
2702
REVIEWINGOFFICER:
Sergeant E. Thomson
IDNO.
P111528
(REVISED 6183)
182
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
here.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: And there's a graded
type -- like I said, a very rough-looking, skinny
path that they would have to negotiate to get
towards where the suspect is at __
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: to effect an arrest.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So I'm staging here.
They have their less lethal options and they're
oriented that way, interacting with the suspect.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: Now, I had just -- I had
just arrived, like I said, and clicked on my camera
and waiting for that break in the -- in the
interaction, and keeping them in my peripheral
vision. But now the -- but now the suspect is
starting to move and gather his bags again and do
some other behavior, also still talking to the
to this arrest team right here.
Shortly after that, there was a -- a plan
started being executed by the arrest team where a
noise/flash diversionary device was deployed.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Okay. So the
noise/flash diversionary device gets deployed up
here, roughly in this rocky area __
DET. STONE: Yeah?
DET. DOMINIQUE PEREZ: -- near the suspect.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: Observing it, I
immediately see no effect, go to the suspect
showing no effect from it. While that is
occurring, I'm flipping on my light --
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: to my rifle __
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: so that I could
This form Is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
~
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO.
P111528
(REVISED 6/83)
183
--- -- ---------------------
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
better see what the suspect was doing. There was a
lot of smoke. And due to where the noise/flash
diversionary device landed, there was a lot of sand
and the smoke that was kind of coming pluming up
right near the suspect. That having no effect, I
then -- I believe there's -- the Taser shotgun
rounds were deployed.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: Also showing no effect
on the suspect. I'm giving -- like I said, I'm
giving commands from here for the SUbject to get
or the suspect to get down. I say that repeatedly.
Still keeping visual on the suspect and I'm really
focusing on him and what he's doing with his hands
and his demeanor.
I then see the police service dog get let __
or get deployed. He goes up to the suspect and I
see no effect from the -- from the K-9 PSD, excuse
me, police service dog. It was -- it was then that
while I'm giving these commands, and the police
service dog is moving up, I'm focusing on the
suspect's hands, like I said, and he begins to
reach down into his -- excuse me -- let me -- let
me go back.
DET. STONE: Sure?
DET. DOMINIQUE PEREZ: The PS -- the police
service dog is moving up. I then, out of my
peripheral, do see movement from the arrest team.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: And I see officers
moving -- up -- down -- up this trail, negotiating
this trail.
DET. STONE: Yeah?
DET. DOMINIQUE PEREZ: And they're moving
forward here towards this -- towards the suspect.
The suspect at this time is not armed. Then, as
they're starting to move up this trail, the suspect
starts reaching down into his waistband area.
DET. STONE: Okay .
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson tl((:
184
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
DET. DOMINIQUE PEREZ: Which now I'm at a
heightened sense of caution watching what he's
doing. They're getting closer. He then comes out
with two knives in each hand, holding them kind of
like in an ice pick grip.
DET. STONE: Yeah?
DET. DOMINIQUE PEREZ: And raises them up in __
in an upward fashion and standing in a really
aggressive like fighting stance. Up on the rock
face -- or excuse me, on the rock formation right
here. The -- the arresting officers are now well
within close proximity, I mean, very close
proximity to the suspect who is now standing __
looks like he's towering over them. And I am
standing like -- like I said, this is like layering
here. While that is happening, I'm identifying
that the suspect -- that what's in his hands, that
what he's holding, the shiny nature from my light,
the shiny nature in the scene that the ice pick
handle -- excuse me, the ice pick grip on it, I
identify it as a knife in both hands. He's
towering over them and I'm -- was now, because of
the close proximity, I was in fear that that
suspect was going to come down and stab the
officers that were right -- pretty much right
underneath him.
It was then at that time I'm keeping focus
on that -- on that suspect and I start bringing up
my rifle. I'm now transitioning from looking over
my rifle at the suspect and bringing my rifle
sights up into my line of sight to the suspect.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: While that's -- while
I'm raising that -- raising my sights up into my
line of sight, I'm now transitioning my focus from
the suspect to my red dot --
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: -- which is inside
obviously inside my sight, so that I can have
.. This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone 5199 DATE 09/26/2014
"'::::"'=":===--====.L--=-==~=--- /-:;-------,;ID:,-i:i;NO~.---
REVIEWING OFFICER: Sergeant E. Thomson "" 2702 DATE 09/26/2014
10 NO. P111S28
(REVISED 6/83)
185
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
accurate and sighted fire. Because it was at that
time I decided to use deadly force on the suspect
to save the lives of those officers who were in
close proximity to him.
I transitioned, like I said, I transitioned
to my red dot sight and placed that in -- what I
had was a gray sweatshirt from the suspect.
Placing that center mass at that available target
area.
DET. STONE: Yeah.
DET. DOMINIQUE PEREZ: And then also looking
through that and focusing on that sight, watching
my peripheral view of the officers that are in
close proximity, for their safety, so that I do not
hit them. I'm keeping that -- their position in
mind. I then disengage my safety, place my finger
on the trigger. I then deploy, I believe, two to
three rounds. Coming out of recoil at the target
location, coming out of recoil, keeping my red dot
sight on where the sUbject was standing with the
two knives over the officers, after coming out of
recoil of my final round, I see the suspect turning
and falling away from me, out of my view, falling
down, facedown.
I then bring my rifle down, out of -- bring
my rifle down out of my shoulder and look over my
sights to now assess the situation, and which I
could not see him anymore. I see the officers are
there. I engage my safety on my rifle. I then
negotiate over this boulder that I was right in
front of to try and -- actually, it's right here.
I come up over this boulder and then I'm starting
to negotiate this terrain, which is like in an
upper angle here, and start walking up to get on
line with the arrest team that's -- that's right
here, so they've moved up to here.
DET. STONE: Could you just put like movement
for them?
DET. DOMINIQUE PEREZ: Sure .
.. This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the a~
propriate ACOPS supplement form to update the computer file.
REVIEWING OFFICER:
INVESTIGATING OFFICER: Detective Geoffery T Stone 5199 DATE 09/26/2014
~===:::"":::==~~==n=---/'----------";ID;':N::;;O'<:.'----
Sergeant E. Thomson ".,. 2702 DATE 09/26/2014
-=====~===----------";ID;":N~O;';:.'----
186
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
DET. STONE: And then do another thing for
movement to your position, where you shot, and then
movement again.
DET. DOMINIQUE PEREZ: Movement and then from
here, this is where I shot.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: And then I moved up this
terrain and came up to here.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Do you want me to label
that as movement also?
DET. STONE: Sure, yeah, because I won't
remember in two months.
DET. DOMINIQUE PEREZ: Sounds good.
Okay. So I'm now here, and I come moving up
to where those -- the arrest team is now up here,
and then orient on the suspect. Because after I
after I had engaged -- or fired my rounds, the
threat was not there -- the imminent threat was not
there anymore, but the threat was still posed by
the suspect because I came up to here and I could
clearly see that the suspect was laying facedown
but he was still clenching ahold of both knives in
both hands.
Now that I'm in this position, I hear and
I'm assessing the situation, I hear that the other
officers are also announcing -- on the arrest team,
they're also announcing, "The knives are still in
his hand." I'm looking at it also. I then hear,
"Beanbag, beanbag, beanbag." The beanbag rounds
are deployed on the suspect.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: I see them impact the
lower area of the suspect, and I see no -- no
result, no movement from it. The police service
dog was then used, and so the dog is -- moves up on
the suspect and goes in on I believe his legs. I
see no movement other than what the dog is doing to
the suspect .
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file,
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson 11
187
5199
10NO.
2702
10NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
IRFVI!':Fn Mil'll
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
Nonverbally, the -- the motion is that we're
going to move up to start taking the suspect into
custody. I move up directly from here straight __
at a straight line to the suspect and come in
over -- come in over top of him, if you will, from
his legs, so his head's facing north. I come in
from his legs that are facing south, stand over him
and keep lethal coverage on him because the knives
are still in his hand.
DET. STONE: Gotcha?
DET. DOMINIQUE PEREZ: One of the officers
comes around and begins -- comes around, excuse me,
and starts placing him in custody.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: After he's placed in
custody, I make sure that there's lethal coverage,
standing by with the other officers that are
dealing with the suspect.
DET. STONE: Uh-huh?
DET. DOMINIQUE PEREZ: I then move from there,
with another officer over here to the rock
formation where the suspect was standing, just to
further clear the area and check for any other
individuals. After clearing that, I turned off my
camera, because I knew I wasn't going to have any
more interaction. I knew I'd be separated, I knew
I was involved in a -- excuse me, in a
police-involved shooting.
I walked down the hill, which my sergeant
was right there. I identified -- I told him I was
involved in an officer-involved shooting and I knew
I had to get separated. So then I went and got
separated, staged away in a vehicle and stood by to
be handled administratively by Criminalistics.
That -- there, I stood by until I was processed by
Criminalistics.
DET. STONE: Okay. Cool. Just going to go
back and just go over certain things?
DET. DOMINIQUE PEREZ: Okay .
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson
5199
10 NO.
2702
REVIEWINGOFFICER:
10 NO.
P111528
(REVISED 6/83)
188
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
DET. STONE: I didn't hit on this before, but,
Dom, what's your man number?
DET. DOMINIQUE PEREZ: 5036.
DET. STONE: 5036?
DET. DOMINIQUE PEREZ: 36, yes.
DET. STONE: And what's your call sign?
DET. DOMINIQUE PEREZ: 716.
DET. STONE: Okay. And how long have you been
on the department?
DET. DOMINIQUE PEREZ: About eight years now.
DET. STONE: Eight years? And you're currently
assigned to which unit.
DET. DOMINIQUE PEREZ: The SWAT team, Tactical
Section, Special Operations Division.
DET. STONE: Okay. And how long have you been
assigned there?
DET. DOMINIQUE PEREZ: About five years.
DET. STONE: Awesome. Okay. You had mentioned
that, you know, you were hanging out with your
family at your house when you got this call. Did
you put your uniform on when you were at the house
or did you do it when you got to the scene?
DET. DOMINIQUE PEREZ: I put it on at the
house.
DET. STONE: Okay. And you had mentioned that
the uniform is like a -- like an OD green uniform?
DET. DOMINIQUE PEREZ: Yeah. It's a two-piece
uniform with a blouse and trousers. Both of them
are green and they're -- the shoulders are marked
with Albuquerque Police and SWAT team.
DET. STONE: Okay. All right. And when you
put your tactical vest on, is that also marked uP?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: I have a -- I have a
placard in front that says "Albuquerque Police." I
also have a badge on the front there. And I
believe I also have a -- no. I don't know if I can
remember that. But I have -- I have marked up on
This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
REVIEWING OFFICER:
10 NO.
2702
lONG.
P111528
189
fREVISED Ml"l\
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "975)
the vest itself.
DET. STONE: Okay. All right. So the entire
time you were out on scene, you were displaying all
those badges to present yourself as a police
officer?
DET. DOMINIQUE PEREZ: Yes, I was.
DET. STONE: Okay. What kind of vehicle do you
drive?
DET. DOMINIQUE PEREZ: It's a Chevy Suburban.
DET. STONE: Okay. Is that marked or unmarked?
DET. DOMINIQUE PEREZ: Unmarked.
DET. STONE: Does it have lights and sirens?
DET. DOMINIQUE PEREZ: It does.
DET. STONE: And briefly run through me again
what equipment you were wearing on your person at
that time. Not the guns, just the other equipment.
DET. DOMINIQUE PEREZ: Okay. I have
noise/flash diversionary devices.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: Electronic restraint
device, Taser.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Additional ammunition
for my rifle, for my primary weapon system, and
additional -- additional ammunition for my
secondary weapon system, my pistol.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: Also my gun belt, with
handcuffs, and, of course, my pistol, excuse me. A
set of flex cuffs, or disposable handcuffs, if you
will.
DET. STONE: Gotcha.
DET. DOMINIQUE PEREZ: My helmet, with night
vision equipment, personal recording device, my
camera, and -- I'm sorry, I have a -- I have a
pouch with a -- I'm a member of the breaching team,
so I have breaching rounds.
QuickScribe
Editing - Transcription - Proofreading
.. This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer fife.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
190
5199
10 NO.
2702
10NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
(505) 238-8726
30
DET. STONE: Breaching rounds? Gotcha.
DET. DOMINIQUE PEREZ: I did not deploy with my
breaching shotgun because there was no structure,
so I left that behind.
DET. STONE: But you have the rounds always
readily available?
DET. DOMINIQUE PEREZ: They're always on my
kit.
DET. STONE: Gotcha.
DET. DOMINIQUE PEREZ: And then I have an
accessory pouch that has (inaudible) sticks for
marking (inaudible), and that would be -- excuse
me, clear eyes and gloves, for personal protective
equipment.
DET. STONE: Okay. When you say "clear eyes,"
is that like ballistic glasses, something like
that?
DET. DOMINIQUE PEREZ: Yes. For fragmentation,
so if any type of debris or anything -- keeps that
out of your eyes so your eyes don't get hurt.
DET. STONE: Gotcha. Okay. And what guns were
out carrying at that time?
DET. DOMINIQUE PEREZ: At that time, I was
carrying my SWAT-issued -- my department-issued
SWAT rifle --
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: -- which is an M4, and
then I had my secondary weapon system, which was a
Glock, a Glock 21, which that's personally bought.
DET. STONE: Okay. Throughout that incident,
did you ever pullout your Glock 21?
DET. DOMINIQUE PEREZ: I did not.
DET. STONE: Okay. So the M4 is the only
weapon you used?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay. And you said that your
helmet was outfitted with a helmet camera?
* This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
/K
IDNO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
10 NO.
P111528
191
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: So when you were going en route
and you said that you'd turned on your KDT or even
going through the call, were you aware of any
charges that this guy had from the previous
incident with the other police officers?
DET. DOMINIQUE PEREZ: I knew that they were
that they had contacted -- that they went to
contact him in reference to illegal camping on the
Open Space.
DET. STONE: Yeah.
DET. DOMINIQUE PEREZ: So they had -- they had
that -- or that charge that they were dealing with,
and then with contacting the suspect, he then
advanced on them with knives. So then there was
the aggravated assault.
DET. STONE: On a police officer?
DET. DOMINIQUE PEREZ: On a police officer.
DET. STONE: And that charge is a felony?
DET. DOMINIQUE PEREZ: Yes, it is a felony.
DET. STONE: Okay. So when you arrived on
scene, you said that you had parked did you park
on a residential street?
DET. DOMINIQUE PEREZ: Yes. I parked on the
primary street, the Piedra Vista.
DET. STONE: Piedra Vista. And then you went
through the backyard to get to the open terrain?
DET. DOMINIQUE PEREZ: I did.
DET. STONE: Okay. Just kind of go through
what you observed as -- what the terrain looked
like where you were having to go into.
DET. DOMINIQUE PEREZ: Okay. So from -- are
you talking from the back wall of the __
DET. STONE: Yeah. Just like --
DET. DOMINIQUE PEREZ: I'm sorry.
DET. STONE: Describe what the foothills look
like up there.
DET. DOMINIQUE PEREZ: Okay. All right. So
from the back of the -- from the back of the
* This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
REVIEWING OFFICER:
10ND.
2702
10 NO.
P111528
(REVISED 6/83)
192
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" __ 1975)
residence, as I was coming out, it's a big open __
or a hundred yards of open mesa
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: -- that's very rural up
and down, lots of rocks, lots of cactus bushes
that's known to happen in -- that's known to grow
in the New Mexico mesa.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: And the hill, the base
of the hill is about a hundred yards away, and then
coming up the hill with multiple boulders and rocky
terrain. Directly in the middle of it, if you go
from where I was standing, is a -- the large rock
formation where the suspect was at, so that. And
then above -- above that rock structure -- or
excuse me, rock formation, was smaller boulders,
smaller things like that, but the whole hill in
itself was rocky terrain, uneven terrain, bush,
lots of cactus, and it was very open --
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: -- in all directions.
Actually, to the north and south, very open. And
then of course going in an upper motion on the
hills to the east, and then it all opened up back
down towards the residences that backed up against
-- against it (inaudible) foothills.
DET. STONE: Okay. All right. So up in the
area where you were having to walk up into, was it
relatively steep terrain?
DET. DOMINIQUE PEREZ: Yes. It was definitely
higher than -- than where I started out. I mean,
there was a big climb to go across the mesa, the
open area, and then up the hill. I can't even
really guess at the angle --
DET. STONE: Sure.
DET. DOMINIQUE PEREZ: -- or the grade if you
will, but it was a pretty steep
DET. STONE: Pretty steep incline?
DET. DOMINIQUE PEREZ: -- area.
* This fann Is for additional narrative Information only. Any additional persons, property, change of status, etc.. must be submltted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111526
(REVISED 6/83)
Sergeant E. Thomson Iit\
IDNO.
2702
REVIEWING OFFICER:
IDNO.
193
ALBUQUERQUE POLICE DEPARTMffiNT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
DET. STONE: Okay. You mentioned that when you
got out there when you're scanning to see where the
suspect is, your attention is drawn to this guy,
who's up on the rocky area what you indicate on the
map?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: And you said that he was irate, or
yelling?
DET. DOMINIQUE PEREZ: Yeah. I couldn't make
out what he was saying, but it was clear that he
was shouting at the officers that were here to the
south, the arrest team.
DET. STONE: So based on that it was pretty
apparent that he was probably your suspect?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: You had mentioned that the
officers that were to the south and lower than him,
you had referred to them as the arrest team?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. Did you know or did you
immediately recognize any of the officers out there
at the time?
DET. DOMINIQUE PEREZ: Not
because as -- when I came up
here, my initial point, when
tree was kind of blocking my
safely.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So I was going to have
come forward towards the suspect to come back
around to see them. So I just had visual of -- of
them, and couldn't really see their faces because
they were oriented towards the suspect. It wasn't
until I was actually finishing up with the
situation, resulting situation that I actually saw
who they were.
DET. STONE: Okay. And when you first moved
up, did you notice if any of them had a police
service dog at that time?
not initially,
to this position right
I got right here, this
way to walk up to them
This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
IDNO.
2702
IDNO.
P111528
(REViSeD 6/83)
REVIEWING OFFICER:
194
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
DET. DOMINIQUE PEREZ: Yes. I saw that the
K-9 -- there was a K-9 handler over here. I could
see the K-9, but I couldn't really see who was
kneeling down at first over here.
DET. STONE: Okay. You know, you mentioned
that you had been on the SWAT team for about five
years. So walking into the area that you were at,
even though you couldn't recognize the officers,
seeing that, how they positioned, and with the
police service dog, did you recognize them as -- as
like an arrest team, forming them as an arrest
team?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. You mentioned that you had
deployed also with night vision?
DET. DOMINIQUE PEREZ: I did.
DET. STONE: What was the lighting condition
like at that time of day?
DET. DOMINIQUE PEREZ: It was, I would say,
right at sunset. It was getting -- it was getting
dark, so from when I first arrived and I was
orienting myself on the situation, it was already
starting to get dark.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: And
movement to this position
it was growing dark, more
there.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So I could tell for --
for reference, if you will, I could tell how much
darker it had gotten since I had gotten there,
because when I initiated my light and the distance
I was at to the suspect, when I initiated my light
to illuminate the suspect, it was definitely very
vibrant. And in normal daylight settings, you
wouldn't see that.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: It would kind of drown
then from my
right here, like
dark by the time
I said,
I got
This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
q(
Sergeant E. Thomson
5199
10NO.
2702
REVIEWING OFFICER:
10 NO.
P11152B
{REVISED 6/83\
195
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
out in the daylight.
DET. STONE: Right.
DET. DOMINIQUE PEREZ: So it definitely
projected a good amount of light.
DET. STONE: Okay. So with that, up there in
the foothills area, is there any lighting that you
would see like in the city, like on the streets?
Are there any lamps up there that would turn on at
night once the sun goes down? Like where you were,
did you notice any like --
DET. DOMINIQUE PEREZ: Out in the rural area -_
excuse me, out in the foothills? No, there was
DET. STONE: Nothing?
DET. DOMINIQUE PEREZ: -- nothing that I could
see, no.
DET. STONE: Okay. So if the sun was to go
down, the only lights that you guys would have out
there would be like the lights that you have on
you?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Yeah. We would have
to -- we would have to illuminate probably with
armings or have to figure out some way to
illuminate the area by ourselves.
DET. STONE: So it's -- the distance that it
was to progress into nighttime, being now that
you're up in the rural area, in the foothills, how
would that be different than if you were down here
in the city, as it progresses into nighttime, like
with the lighting issue?
DET. DOMINIQUE PEREZ: Well, with the -- we're
definitely not close to -- I would say there's
already that hundred -- hundred-yard distance,
we're not close to sockets or anything like that so
that we can establish individual amount of lights
or just posting up lights to illuminate the area.
The terrain wouldn't allow for our vehicles to
orient themselves in a way to actually light that
This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: _
=:.D~e::::tec=ti:..:v.::e..::G:..::eo=ffi~ery~T~S::::to;::n~e::- -i5i'";'1i:i:9:,;:9 DATE 09/26/2014
~ IDNO.
-=:S.:::er~g2::e:::::an~t~E:::.--,Th~o~m~s~o~n'-- -i2~7~0~2:....- __ DATE 09/26/2014
10 NO. P111528
(REVISED 6/83)
196
REVIEWING OFFICER:
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
area up. The -- with -- with a -- excuse me, with
a -- in the city, in the urban area, you already
have the ambient light, the lights from other __
from porches, from houses, from things like that,
and you can actually pull vehicles up and orient
spotlights and things like that and actually get
some good feedback from those lights.
Due to the distance, that it was going to be
very open, it was going to be very hard to see the
suspect, if -- if it progressed into night, it was
going to be very hard to see him. He could
actually duck down behind the -- duck down behind
the rocks and potentially pop up right next to a
perimeter unit or right in front of another
officer, and they wouldn't even know because of the
terrain and how open it is.
DET. STONE: Okay. When you moved -- when you
moved further up closer to the arrest team and you
said the guy was still shouting, were you able to
make out anything that he was saying to the arrest
team?
DET. DOMINIQUE PEREZ: When I moved -- I'm
sorry? When I moved from --
DET. STONE: Yeah, when --
DET. DOMINIQUE PEREZ: -- here to here, or --
DET. STONE: Yeah, when you're up here a little
bit closer to the area and he's shouting, did you
ever -- I guess at any time, did you ever make out
what he was saying to them?
DET. DOMINIQUE PEREZ: The only time I actually
was able to make out that he was saying was when I
first initially got there.
DET. STONE: Gotcha?
DET. DOMINIQUE PEREZ: -- and was waiting for
that pause between their interaction, and he was
making that -- something about that it would be
legal for him to murder them, or something along
those lines. That was about the only thing they
heard. Other than that, it was statements that I
'* This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWINGOFFICER: Sergeant E. Thomson to/(
197
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
couldn't clearly --
DET. STONE: Couldn't clearly understand?
DET. DOMINIQUE PEREZ: Couldn't clearly
understand.
DET. STONE: Okay. You had mentioned about
containment. Based on your training and
experience, especially being a member of the SWAT
team, when you are going to effect an arrest on a
subject, is it typical in your training to set up a
perimeter and contain a SUbject?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. And why is that?
DET. DOMINIQUE PEREZ: Because the more in
order to effectively take that SUbject into
custody -- or that suspect into custody, we need to
be able to not let him get outside of the
perimeter, right?
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: And keep it -- keep the
situation close to -- close to us so that we are
protecting the public from getting out of that --
so protecting the public from that suspect getting
out and possibly hurting other people in the pUblic
or even other officers that are in the outer
perimeter.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So we -- did I clarify?
I'm sorry.
DET. STONE: Yes.
DET. DOMINIQUE PEREZ: If I didn't, I --
DET. STONE: No, you did.
DET. DOMINIQUE PEREZ: -- please rephrase your
question so I can better answer it. I apologize.
DET. STONE: No. You did. So given that, and
if you could indicate on the map, I know this is a
rural area, but to the west over here, you said
that you had initially parked on the residential
street?
DET. DOMINIQUE PEREZ: Uh-huh .
This fann is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
Sergeant E. Thomson
IDND.
2702
REVIEWING OFFICER:
IDNO.
198
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
DET. STONE: Could you just kind of describe or
draw like where the residential area starts? And
it could just be like a line.
DET. DOMINIQUE PEREZ: Well, in regard to where
this is at, it would be way -- this is actually
if we are trying to do it as far as distance of
this
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: -- it would be the edge
of the wall.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: And then there was the
residence here and then the street is like right
here.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Sorry.
DET. STONE: That's all right.
DET. DOMINIQUE PEREZ: And so we could say like
right here was the gate.
DET. STONE: To the residence that you went
through?
DET. DOMINIQUE PEREZ: Yeah, that I went
through like about right here.
DET. STONE: Okay. And this whole area down
there, are there a bunch of other houses down here?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. And what -- what day was
this, what day of the week? Do you remember?
DET. DOMINIQUE PEREZ: Sunday.
DET. STONE: Sunday. Okay. And you said this
was when the sun started to go down, so it was in
the evening time?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay. When you arrived, did you
notice if there were any citizens out? Did you see
anybody like out near the residence or anything
like that?
DET. DOMINIQUE PEREZ: No. When I -- actually,
I did. When I first arrived, there was some
.. This form is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
~
10NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
10 NO.
P111528
199
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
residents or people walking their dog on the
opposite side of the street where I pulled up.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: And when I first
initially went to -- I was at this house here. I
went to go look and orient myself, when I came
back, after checking with Sergeant Fox, I went back
to my vehicle and they were actually walking on the
other side of the street, just a male and female,
kind of looking at -- "Wow, this is a crazy
situation" --
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: is what they said to
me.
DET. STONE: Okay. You briefly talked about
this path that was right here?
DET. DOMINIQUE PEREZ: Uh-huh.
DET. STONE: And you said that it was really
narrow path. Did it appear to be like a manmade
path, or was it just more like a little -- kind of
like a game trail or something like that?
DET. DOMINIQUE PEREZ: I would say it was like
a game trail, because it didn't seem like a
definable, heavily trafficked path.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: It looked like it was
just -- well, like you said, a game trail. Very
skinny and still very rocky and uneven.
DET. STONE: Okay. And was it -- was it flat
all along here, or did it kind of just raise up
with the terrain?
DET. DOMINIQUE PEREZ: It pretty much just
raised up with the terrain.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So from -- from the
the rock formation here, it would go at a downward
grade towards the arrest team.
DET. STONE: Okay. And on -- all around you
guys, what kind of like vegetation did you notice
* This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
REVIEWING OFFICER:
10 NO.
2702
10 NO.
200
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
that was out there?
DET. DOMINIQUE PEREZ: I ran -- well,
several -- several cactus, which I ran into, a lot
of. And like I said, right here there was a pretty
large -- I'm really not familiar with that -- every
one calls it like pinon trees and stuff like that.
It seems they're just sage-type bushes and sporadic
like mesa weeds and bushes.
DET. STONE: Cool. Okay. Based on, you know,
you being in the SWAT team and the training you've
had before, have you been on other situations where
you have been a part of the team where a K-9 was
deployed?
DET. DOMINIQUE PEREZ: Yes, sir.
DET. STONE: Okay. When K-9 is typically sent
off or deployed at a suspect, what does that
what do you usually see that K-9 do?
DET. DOMINIQUE PEREZ: In my past experience,
the -- the police service dog would go bite and
hold on the suspect and keep ahold of the suspect
until the handler comes up and removes him off of
-- off of the suspect.
DET. STONE: Okay. All right. And does
that -- does that typically divert the suspect's
attention at all, when the K-9 goes and actually
bites and holds like that?
DET. DOMINIQUE PEREZ: Absolutely. The -- on
the situations that I've been on, the focus of the
suspect on the arrest team immediately goes to the
K-9 -- the police service dog while it's latching
on, while it's taking ahold of the suspect.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So they focus on the dog
and allow us to move up.
DET. STONE: Okay. So on this particular
instance, did it seem like the suspect's attention
was diverted to the dog?
DET. DOMINIQUE PEREZ: No. It -- there was
rapidly -- like I said, rapidly, very dynamic
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
201
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" (_1975)
situation. It did not appear that the dog __
police service dog had any effect on the suspect.
DET. STONE: Okay. And also going in with some
more training have you had training on deploying a
flashbang?
DET. DOMINIQUE PEREZ: I have.
DET. STONE: Okay. Have you ever felt the
effects of a flashbang?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. Can you just describe those
effects to me?
DET. DOMINIQUE PEREZ: Well, there's a
there's a really bright light, a loud or excuse
me, a bright flash of light. There is loud bang,
obviously. And then there's a small -- or about a
4 to 5 psi of overpressure, which is like an
immense like wave feeling on your -- on your
person, which kind of disorients and affects your
senses. That's -- I mean, that's pretty much it.
DET. STONE: Okay. And have you seen the
deployment of the flashbang in previous instances
on other suspects?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. And have you seen what you
described as what you felt when you felt those
effects, have you seen other people be affected by
a flashbang before?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. And what do you usually
observe with those suspects when the flashbang is
deployed?
DET. DOMINIQUE PEREZ: When -- it's about __
well, there's different situations. When the
the effects that I've seen before is that it either
diverts their attention away from -- away from SWAT
officers, but basically diverts their attention
away from where the flash is happening, the bang
and noise. But in the very least, it's distracts
them from either where the -- the SWAT officers are
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
Sergeant E. Thomson
IDNO.
2702
REVIEWING OFFICER:
IDNO.
202
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" (_975)
coming to, or it enables -- that overpressure and
that bright light and that bang gives them the
reason -- or gives them the effect to let us
contact them and take them into custody, if you
will. Normally it's a disorienting and distracting
device.
DET. STONE: Okay. So kind of what I'm getting
is, when you deploy this on a suspect within close
proximity, it would disorient him and divert his
attention so an arrest team can move up to effect
the arrest?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay. So kind of like a
distraction?
DET. DOMINIQUE PEREZ: Yes, it's definitely a
distraction.
DET. STONE: Okay. On this particular
instance, when the flashbang was deployed, did it
seem to have that desired effect on the suspect?
DET. DOMINIQUE PEREZ: No, it did not.
DET. STONE: Going to the training on a Taser,
have you ever felt the effects of a Taser?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. Have you ever seen the
effects of a Taser on another individual?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. Can you just describe those
effects to me.
DET. DOMINIQUE PEREZ: The -- the Taser, the
effects really are like locking up the muscle
groups, and the suspect or the individual is __
their muscles lock up and they either fall to the
ground or it just locks them and it seizes all
their muscles, so that way they're basically
like -- for lack of a better term, they're like a
board, not able to move their arms and legs and
fight, if you will, just basically restraining
them, allowing officers to approach and take them
into custody .
.. This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACQPS supplement fonn to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
#
IDNO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
IDNO.
P111528
203
(REVISeD 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
__Offi_1CC_f _In_v_o_lv_e_d_S_h_oo_t_in--'g"-- __ CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _/1975)
Having felt that myself, I could -- I
couldn't move my arms, I couldn't move my legs.
Just a quick -- a quick current that -- and shortly
after, you felt no pain, feel nothing, able to move
like normal.
DET. STONE: Okay. So in past instances when
you've seen SUbjects feeling the effects of the
Taser, were you able to identify that the Taser was
having an effect on that individual?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. On this particular
instance, when you had said that Ingram had
deployed the -- is it shotgun Taser?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Did it appear that those Taser
deployments were having any effect on that suspect?
DET. DOMINIQUE PEREZ: No.
DET. STONE: You had stated that once a
flashbang was deployed and the dog was deployed and
Ingram was firing the Taser rounds, the arrest team
was at that point closing distance with the
suspect?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay. Do you -- approximately, do
you know how close they got to him? Could you
tell?
DET. DOMINIQUE PEREZ: The -- sorry, can you go
back on that question? Reiterate that question.
Did you say that when
DET. STONE: Basically --
DET. DOMINIQUE PEREZ: -- Officer Ingram was
deploying the Taser rounds --
DET. STONE: I guess what --
DET. DOMINIQUE PEREZ: -- (inaudible)?
DET. STONE: The easiest -- the easiest way to
rephrase the question is, when the arrest team was
moving towards the suspect, after everything was
deployed --
DET. DOMINIQUE PEREZ: Okay.
* This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
204
5199
fDNO.
2702
fDNO.
DATE 09/26/2014
DATE 09/26/2014
P1'152S
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPO RT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
DET. STONE: -- approximately how close did
that it get to him? And just an estimate.
DET. DOMINIQUE PEREZ: My estimate would be
within 7 -- 7 feet.
DET. STONE: Okay. Have you ever gone through
any training on the department in relevance to
someone armed with an edged weapon and what may be
a safe distance would be from that suspect?
DET. DOMINIQUE PEREZ: Yes, I have got the
training.
DET. STONE: Can you kind of just explain that?
DET. DOMINIQUE PEREZ: Yes. For the
reactionary depth for an officer to actually -- in
the training that I've gone through, for an officer
to actually react to an armed suspect that's armed
with an edged weapon, it's usually 21 feet.
DET. STONE: Okay. So when -- when the arrest
team was up there, within about 7 feet of this guy,
and now you're saying you saw him pullout two
knives from his waistband area?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: And how did he hold them?
DET. DOMINIQUE PEREZ: It was like in a -- the
best way I can describe was like an ice pick grip.
So the -- he was clenching down on both hands with
the blades coming out. If your hands are facing up
or you're holding a normal fist, the blade are
coming out the bottom of the hand, and both of his
hands are like that, so the blades are sticking out
from the bombs of his hands.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: And he's clenching them,
too.
DET. STONE: Okay. And was he facing towards
the arrest team, away from the arrest team?
DET. DOMINIQUE PEREZ: He was facing towards
the arrest team.
DET. STONE: Towards the arrest team?
DET. DOMINIQUE PEREZ: Yes .
This form isfor additional narrative Infannation only. Any additional persons, property, change of states, etc., must be submitted upon the ap-
propriate ACOP$ supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson Ifi'{
205
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICEDEPARTMENT
SUPPLE.MENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPO RT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
DET. STONE: Okay. And when you saw that he
did that, pulled them out and presented them like
that, facing towards the arrest team, what did you
think he was going to do with those knives?
DET. DOMINIQUE PEREZ: At that -- at that
instance, that's when I decided to follow through
with deadly force, because I felt that he was going
to -- I thought he was going to lunge forward and
stab the K-9 handler or the officer that was
directly next to him.
DET. STONE: Okay. You had mentioned that you
were looking over your -- your M4 so you could see
what's in front of you?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: And when you transitioned to look
through your sight, you had said that you had a red
dot, a red reticle dot, is that what you had?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. Based on -- you had gone
through firearms training.
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: In the past? Can you just briefly
explain, when you were sighting it on the target,
are you looking at -- are you focusing in on the
subject or are you focusing in on the sight itself?
DET. DOMINIQUE PEREZ: I'm focusing on the
sight itself in relation to the target. So I'm
moving my focus from -- from the clear picture of
the target to now focusing on the sight, which
clears up the sight and is putting it on a fuzzy
representation, if you will, of the target itself.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: It's now focusing on the
sight to get sighted fire.
DET. STONE: Cool. So you still have sight of
the target in your peripheral, but the clear
portion of your focal vision is on the actual sight
itself?
DET. DOMINIQUE PEREZ: Correct .
.. This form Is for addttlonal narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
REVIEWING OFFICER:
INVESTIGATING OFFICER: Detective Geoffery T Stone 5199 DATE 09/26/2014
-='-"-'==-=---:===....::..===--------"IO""NOci-.---
Sergeant E. Thomson q( 2702 DATE 09/26/2014
-====='-"-'===-----------i,IO~NO~.=---
206
P111528
(REVISED 6f83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
DET. STONE: And is that to achieve accurate
fire?
DET. DOMINIQUE PEREZ: Yes, it is.
DET. STONE: Okay. So you said that at that
point in time you felt that this suspect was going
to stab your fellow officers. They were within
about 7 feet of him. So you did -- you fire your
weapon. And about how many rounds did you say you
fired?
DET. DOMINIQUE PEREZ: I believe I fired two to
three rounds.
DET. STONE: Two to three rounds? Okay. And
then when you moved up to him, you had mentioned
that someone had fired a beanbag. Do you remember
who that was?
DET. DOMINIQUE PEREZ: No -- it was -- it was
my teammate, Officer Ramon Ornelas. I knew it from
his voice, from his announcing his commands.
DET. STONE: Gotcha. Okay. And do you know
why he fired the beanbag?
DET. DOMINIQUE PEREZ: Due to my training and
experience in the past, I've had to deploy a
beanbag in similar situations. It's in order to
identify and elicit a response from the suspect.
Because in the past, we've had suspects that
pretend to be injured, pretend to be down and
not -- not still fighting, and then they give us a
response from those things, from the noise/flash
diversionary device, from K-9, from the beanbag
rounds. It then moves them, it causes them to move
and see if they're still fighting them or if the __
whatever means were used before that actually had
the desired effect.
DET. STONE: Okay. So when this guy was on the
ground, were you guys able to see if he still had
the knives in his hands?
DET. DOMINIQUE PEREZ: Absolutely. He was
clenching on to both of them right by his head.
DET. STONE: Okay. Once you guys moved up and
* This form Is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer fire.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson "
207
5199
10 NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111526
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
the guy -- the suspect was taken into custody, you
said that you had moved past a little bit to clear
the rest of the open area?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Did you notice anything up there,
like any gear, camping gear, anything like that?
DET. DOMINIQUE PEREZ: There was -- in the
rock -- or in the rock formation, right about here,
all up here, there was a bunch of bags and all kind
of like -- like you -- like you said, I would say
like camping gear or just sporadic belongings, all
up here with a large plastic tarp, if you will, or
sheet -- sheet plastic over it. But just sporadic
things like that, which that's why I was up there
clearing it, because I lifted up that plastic and I
was looking for any other occupants, people,
anything, any other dangers that may be posing to
the officers and just looking around there.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: But, yeah, definitely
camping gear and stuff like that.
DET. STONE: Okay. When you were up here, when
you finally got up to this position where the
suspect had been, was this area more level than
what you guys had operated on, or was it as steep?
DET. DOMINIQUE PEREZ: The final area up here
where his -- the camp was at, was level.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: Was pretty much
straightforward -- or not straightforward, but
level. And then going back a little bit downward,
on the other side of this rock here, a little bit
back downward towards -- toward the north.
DET. STONE: Okay. So it's kind of like
crested off right here?
DET. DOMINIQUE PEREZ: Yes.
DET. STONE: Okay. And you had mentioned that
this is the area that he primarily was in, and it
was more of an advantageous spot for him over you
fr This form is for additional narrative lnfonnation only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson Ai'
208
5199
10 NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPART.MENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"./1975)
140023683
guys?
DET. DOMINIQUE PEREZ: Yes. It appeared that
he had like -- not like, but he did have a tactical
advantage in that spot, definitely with the rock
formation, being able to get behind the rock
formation and have sight over the whole area.
DET. STONE: Okay. Which -- which way was
north?
DET. DOMINIQUE PEREZ: I'm sorry. Let's do
this. All right.
DET. STONE: Throughout this instance, did you
ever see any like hikers or civilians hiking around
here from the time that you were here?
DET. DOMINIQUE PEREZ: No, I didn't.
(Inaudible) .
DET. STONE: Okay. Is that because your
primary focus was on the suspect at the time?
DET. DOMINIQUE PEREZ: Correct.
DET. STONE: Okay. Do you have any idea what
kind of containment you may have had over here?
Were you aware of any containment on this side at
that time?
DET. DOMINIQUE PEREZ: Well, initially when I
arrived here, when I started moving up to the gate,
and kind of orient myself, I knew that somewhere
other here, there was a containment to the north of
officers. And then I saw -- again, I saw the
arrest team staged here in the beginning. And I
believe I had a quick visual, but after moving up
into this position, I couldn't see them anymore. I
believe there was some containment, a little bit
still south, but online, and a little bit elevated,
if you will, of officers up here.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So ...
DET. STONE: Now, is there any area up here
that any of these officers could drive to, or would
they have -- is the only way to get up there by __
on foot?
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson q(
209
5199
IONO.
2702
IONO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQuERQuEPQLICEDEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James BoydAKA "BA" _/1975)
DET. DOMINIQUE PEREZ: On foot.
DET. STONE: Okay. So there's no roads up here
or anything like that?
DET. DOMINIQUE PEREZ: Not that I saw. And
from standing there, the way I had to get there, I
looked around the general area before I stepped off
(inaudible) see any potential way, but there was
nothing that I could tell.
DET. STONE: Okay. Do you know if any other
officer shot during this time?
DET. DOMINIQUE PEREZ: Yes. I believe -- well,
one of the arrest team that I moved up to support
was -- shot at the suspect.
DET. STONE: Okay. All right.
AGT. CAGE: Were those shots simultaneous, do
you know, or do you know?
DET. DOMINIQUE PEREZ: In my
AGT. CAGE: (Inaudible)?
DET. DOMINIQUE PEREZ: In my recollection, I
heard, while I was, like I said, transitioning and
sighting in on the suspect, about to deploy deadly
force, I heard other fire starting to occur while I
was pressing my trigger.
AGT. CAGE: Okay. That's all.
DET. STONE: Dom, is there anything that you
feel that is important that I should know that I
haven't asked you?
MR. ROBLES: I'd like to take a minute to
(inaudible) .
DET. STONE: Do you want to take a break?
MR. ROBLES: Yes, please.
DET. STONE: Okay. We'll go ahead and conclude
this interview at 1910 hours.
(Off audio.)
DET. STONE: Okay. We're back on the record
here. 1916 hours. Still interviewing Officer Dom
Perez.
Dom, do you have anything else that you want
to add that you think might be important?
...This form is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
Sergeant E. Thomson IK
10 NO.
REVIEWING OFFICER:
2702 DATE
09/26/2014
IDNO.
P111528
210
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~/1975)
DET. DOMINIQUE PEREZ: Yeah. I just wanted to
be -- I wanted to be clear on some of the less
lethal options that were deployed in my -- in the
order they were deployed, if you will.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: I don't think I covered
it in such great detail, so I just want to make
sure that it -- that it gets out there that first I
observed the noise/flash diversionary device that
was deployed by the arrest team that had no effect.
Then after that, there was the Taser shotgun rounds
that were deployed that had no effect, in that
in that order, and then the K-9 police service dog
was deployed, which also had no effect.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: I just wanted to be
clarify the -- I didn't think I covered the X-12
or, excuse me, the Taser shotgun __
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: -- in the order in which
I -- which I saw them.
Also, I wanted to be clear, and actually
finish up on my explanation of my reason to use
deadly force.
DET. STONE: Uh-huh.
DET. DOMINIQUE PEREZ: Due to the -- not only
everything that I've said about the close proximity
of the officers and -- to the suspect and him being
armed and his posture and his intent and weaponry
that he was standing there, the -- I just want to
be clear that the -- due to this suspect's criminal
past and his willingness to hurt law enforcement
officers in the past, be armed with weapons, that
I -- I felt that I had no other choice than to use
deadly force.
I did not think that that suspect was going
to stop there and just stand there with his knives,
due to his excessive criminal history. I felt that
he was going to lunge forward and stab those
This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson /'{
211
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/2612014
P111528
(REVISED 61S3)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
J ames Boyd AKA "BA".8/1975)
officers or potentially even kill those officers.
DET. STONE: Okay.
DET. DOMINIQUE PEREZ: So I just wanted to be
clear on that.
DET. STONE: Okay. All right. So just so I
can understand, so based on the knowledge you had
gained while going en route to the call, the fact
that they were updating officers on his past
criminal history and the fact that he had attacked
officers in the past, based on the fact that the
noise diversionary device, the flashbang had no
effect on him, or appeared to have no effect, and
the fact that the Taser deployment appeared to have
no effect on him, and the fact that the police
service dog deployment appeared to have no effect
on him, and that he armed himself with the knives
even after all of that, that you believe that you
had no other choice than to use deadly force?
DET. DOMINIQUE PEREZ, Correct.
DET. STONE: Okay. I understand. Is there
anything else that you think that I should know
about?
DET. DOMINIQUE PEREZ: I believe I'm good.
DET. STONE: All right. We'll go ahead and
conclude the interview at 1920 hours.
(Conclusion of recording.)
It should be noted that this transcription was completed by the company "Quickskribe." A copy of the full
transcription report will be included with this case as well as tagged into evidence. Please refer to the
transcription report for complete details. Detective Perez's sketch will be included with this case.
Wednesday, March 19,2014
Approximately 0900 hours
Sergeant Thomson began accessing and sharing Taser video for my review. See Sergeant Thomson's report for
additional detail.
* ThIs fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ;;,<
212
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(RFVLC:;l=n l'i/ll,"l\
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
Approximately 1020 hours
I received an email from Alexander Thickstun containing the following statement.
"Since at least February 25th, this man (who I will call Bob) and another younger black male have been living at the base ofU Mound
about 100 yards east of our house. Thefirst encounter was on February 25th at 11:30 PM, when I heard an altercation outside behind
my house. It was Bob yelling at the younger kid. Bob appeared to be distraught at the younger kid and was yelling and threatening
him. The younger kid was apologetic toward Bob. I called the police and gave the phone operator directions to their location, but I
did not elect to have the police contact me. I would learn later a police cruiser drove by Piedra Vista NE (the street our house is on)
16 minutes after the phone call, but decided not to look into the matter further.
I watched the two men for about an hour and a half The younger, black male left and Bob stayed behind. He had a blanket and a
flashlight with him, so I knew he was likely there to stay. He stayed behind some large boulders sticking out of the ground, so it was
hard to see him.
On March 1st at around lam, my wife noticed two men behind the very same boulders behind my house. It looked like they were
waking up, eating, and talking to each other. I took photos (which I can provide) of them in case anything were to happen later. I did
not call the police at this time.
On March 16th, I hiked UMound, and noticed a tarp, bags, and trash near the bottom of the Mound. After Lfinished hiking, I grabbed
my two dogs and visited the area at 3PM I noticed a clear plastic tarp, back packs filled with clothing, food, books, and trash. A
neighbor yelled from his house to grab my attention, so I visited him and we talked about the homeless men living at this location. My
neighbor's name was Vick (2 houses north of me) and said he had been watching the two homeless men there for at least a month and
a half I told Vick I would report it to the Police. Ithen went back to the site to continue looking at their belongings. I was looking for
weapons, drugs, or stolen equipment. I did not lift up the tarp to see what was under it, but I could see there were bags, book bags,
and clothing under it.
At 5: I5PM the same day, Vick came to my house to let me know that Bob had returned to the boulders. I looked to see if Bob was
there, but I could not see him because he was behind the rocks. I called the police and let them know what Ifound, and this time I told
the operator to have the police come to my door so I could show them to the location. The operator asked if anyone was there, and I
said I was unsure. After this phone call, I saw Bob sitting on top of one of the rocks near his site. I called the police back to let them
know that there was someone there.
]\VA police arrived to our house at about 5:45pm, and I showed them through my backyard and pointed out where the boulders were
that Bob was staying. The police said they would drive down to Copper Avenue and hike from the trail there to the location. I went
upstairs and watched. I had a video camera with me so I could record the encounter. The two police walked up to his location behind
the boulders, and I heard yellingfrom the policemen as they drew their guns. They said repeatedly to "drop the knife". Bob refused.
From what I could see after Bob stood, he had his right hand in his pocket and refused to take it out. Bob said that if they came up
there he would kill them. He said he was with the Department of Defense, the Special Force, and he listed off different organizations.
He made indirect threats toward the two officers like "1don't want to have to kill you", and accused them of assaulting him.
The argument ensued, and more police arrived within 5 minutes. My wife and I helped lead them through the backyard so they could
make their way directly to Bob's location. It was a standofffor a while with 6 officers and Bob with his hand in his pocket. I could
hear one of the officers telling him to put his knife somewhere he couldn't reach it, like to clip it on his pants or something. Bob
'" This form is for additional narrative lnformatlon only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
/Yl
Sergeant E. Thomson
10 NO.
2702
REVIEWING OFFICER:
IDNO.
213
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
refused. I could not see the knife, but his body was often behind the boulders. When I could see him, his right hand was in his pocket.
The standoff lasted for hours until about 8PM By this time, there were multiple different police forces surrounding him. He still
refused to cooperate, would sometimes threaten to kill them, and ranted about his involvement in the Department of Defense, etc. He
sometimes made outrageous claims like he could make $10 million a year if he wanted, or a billion dollars if he wanted. He talked
about how he could get the Albuquerque Police fired, and how they had no authority.
Just before 8PM, I heard a loud flash. I started recording with my camera. The Police immediately demanded he get on the ground. It
did not appear that he did so, and then I heard multiple shots fired. It appeared that he still resisted, then I heard another shot. "
A copy of this email will be tagged into evidence as well as included in my supplemental report.
Approximately 1034 hours
1received an email from Korine Hare that included the picture she took on her phone while she was hiking
and watching the incident between James and the officers. This photograph will be tagged into evidence.
Approximately 1039 hours
I received an email from Detective J. Gonterman containing the photographs she collected from Michael
Espinosa who resides at 817 Piedra Vista NE. These photographs will be tagged into evidence.
Approximately 1300 hours
I arrived at the crime lab and conducted a debrief with Criminalistics Detective N. Render.
Approximately 1430 hours
I listened to the 911 calls Alexander made on 03116/2014 when he was reporting the illegal camping behind
his residence in the open space area. Please refer to the recordings for complete details.
I also listened to the APD dispatch recordings reference this case. These recordings will be tagged into
evidence, please refer to these recordings for complete details.
The following information can be heard on the dispatch recording.
Open space officers Hernandez and McDaniel's call for assistance with an armed subject.
Other field officers response to the scene.
Sergeant Carpenter's request for less lethal and for rescue to respond and stand by at the scene.
Sergeant Carpenter's updates on their interaction with Boyd.
Sergeant Carpenter's request for a Taser shotgun .
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson
5199
IDNO.
2702
REVIEWING OFFICER:
IDNO.
P111528
(REVISED 6183)
214
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
Sergeant Carpenter's request for the on call Gang detective to respond with a Taser shotgun.
Sergeant Carpenter's description of Boyd being armed with two knives.
Sergeant Carpenter's request for the Crisis Negotiation Team (CNT) response.
Sergeant Carpenter's request for a State Police liaison preferably with CIT training.
Sergeant Carpenter's request for K.9 to respond.
Dispatch advising Detective Keith Sandy will be in route to the scene with a Taser shotgun.
Dispatch advising K9 Officer Scott Weimerskirch is in route to the scene.
State police arrival on scene
Boyd being identified as James M. Boyd_975)
RTCC advising officers of Boyd's CIT history and violent criminal history to include aggravated battery
on a police officer charges.
K.9 and tactical officers arrival and deployment into the area.
Discussion concerning citizens being seen in the area.
Officer Weimerskirch describing his contact with Boyd and his statements that he wants to kill officers
and is refusing to comply with commands.
Tactical officers' request for possible spot lights to illuminate the area.
Officer Weimerskirch advising Sergeant Fox that Boyd is talking about leaving and walking down the
mountain but won't disarm himself or follow commands so they have a plan in place to take him into
custody ifhe moves towards them.
Sergeant Fox asking Officer Weimerskirch ifhe needs more less lethal to his position.
Officer Weimerskirch requesting a bean bag shotgun.
Detective Ingram stating they need a bean bag shotgun quick.
Detective Ingram stating Boyd is getting ready to move.
Officer Weimerskirch advising that Boyd is still refusing to follow commands
Officers affecting the arrest.
Approximately 1600 hours
I logged onto Evidence.com and viewed video footage associated with this case. The listed videos were
viewed and the following is a summarization of the events between the approximate time of 1700 hours till
1830 hours.
This summarization centers on the first initial contact between James Boyd, Open Space and patrol officers
prior to tactical and K.9 officers arrival. It should be noted that the officer's videos were of similar content as
the officers were standing next to each other during the beginning part of incident. It should also be noted that
not every camera shows the same exact time so each video may depict a different time stamp for the events
This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
REVIEWING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111528
Sergeant E. Thomson I'\K
10 NO.
2702
IDNO.
215
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"~1975)
summarized below. Not all videos capture all the content listed below due to the fact that as the incident
progressed officers began to move to different locations around the open space area.
AXON Flex Video 2014-03-16 1707 (Officer John McDaniel's Taser footage)
AXON Flex Video 2014-03-16 1708 (Officer Justin Rogillio's Taser footage)
AXON Flex Video 2014-03-16 1709 (Officer Chris Wetterlund's Taser footage)
AXON Flex Video 2014-03-16 1710 hours (Sergeant Jason Carpenter's Taser footage)
AXON Flex Video 2014-03-16 1722 hours (Officer Patrick Hernandez's Taser footage)
AXON Flex Video 2014-03-16 1733 hours (Officer Brock Knipprath's Taser footage)
AXON Flex Video 2014-03-16 1738 hours (Officer John McDaniel's Taser footage)
AXON Flex Video 2014-03-16 1738 hours (Officer Justin Rogillio's Taser footage)
AXON Flex Video 2014-03-16 1739 hours (Officer Chris Wetterlund's Taser footage)
AXON Flex Video 2014-03-161741 hours (Sergeant Jason Carpenter's Taser footage)
AXON Flex Video 2014-03-16 1753 hours (Officer Patrick Hernandez's Taser footage)
AXON Flex Video 2014-03-161758 hours (Sergeant Jason Carpenter's Taser footage)
AXON Flex Video 2014-03-161804 hours (Officer Brock Knipprath's Taser footage)
AXON Flex Video 2014-03-16 1808 hours (Officer John McDaniel's Taser footage)
AXON Flex Video 2014-03-161809 hours (Officer Justin Rogillio's Taser footage)
AXON Flex Video 2014-03-16 1809 hours (Officer Chris Wetterlund's Taser footage)
o The first camera activates as Officers McDaniel and Hernandez are walking in the Foothills
Open Space area.
o Officer McDaniel makes first contact with James Boyd and says, "How's it going? Go ahead
and come out, Albuquerque Police." Officer McDaniel can be heard telling Boyd to show him
his hands. James Boyd comes into view and appears to be lying down inside of a blue tent.
Officer McDaniel tells Boyd he is illegally camping and instructs him again to show him his
hands.
o James Boyd exits his tent and stands up and begins telling Officers that he has been calling them
for five months but nobody has responded to him. Officer McDaoiel asks James to have a seat
and points to an area out of view of the camera. Boyd does not comply with Officer McDaoiel
and states, "please don't touch me." Officer McDaniel instructs James to turn around and that he
is going to pat James down.
o Officer McDaniel and his partner Officer Patrick Hernandez yell at James to drop the knife.
Officer McDaniel can be seen raising his handgun and pointing it in the direction of James. (It
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
.?,(
10 NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
10 NO.
P111528
216
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
should be noted that James is not in the view of the camera at this point). Both Officers can be
seen walking backwards away from James as they continue to yell and instruct James to drop the
knife.
o James can be heard speaking in the background and says something about national security.
Officer Hernandez asks James what kind of security does he have. Officer Hernandez continues
to ask Boyd about what type of security James is referring to. James is heard stating he is going
to kill the officers and that he is bullet proof.
o Officers radio for other officers to respond and assist them with an armed subject. Officer
McDaniel yells at James to put the knife down and James responds by saying, "I'm not putting
these knives down, don't direct me again." James then states that you don't give the Department
of Defense directives.
o James states he is not going to jail tonight. Officers Hernandez speaks with James as they wait
for additional officers to arrive on scene.
o Officer Hernandez instructs James to place his knife on top of a rock.
o Both Officers McDaniel and Hernandez instruct James not to place the knives in his pocket.
o Officer Hernandez asks James for his name and Boyd states his nick name is BA.
o Officer Hernandez asks James to put his knives down.
o Officer Hernandez asks James to take his hands out of his pockets and James replies by saying
he is going to kill them and for the officers not to direct him.
o Additional officers arrive on scene. Officer McDaniel briefs the officers and advises them that
James has knives in both hands. He also advises officers that his nick name is BA.
o Officers instruct James to put his knives down. James tells the officers that he is their supervisor
and he is going to approach them. James also tells the officers to not attempt to give him
directives. Officers state they are just asking him to put his knives down and James states they
have no business asking him to put his knives down.
o Sergeant Jason Carpenter who arrived on scene with the assisting officers asks if anyone on
scene is CIT certified. Officer Mikal Monette advises that he is CIT certified and begins
* This form Is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
10 NO.
REVIEWING OFFICER:
Sergeant E. Thomson ~
2702 DATE
09/2612014
IDND.
P111528
217
(R.EVISEO 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
140023683
speaking with James. James talks about a certain type of economic crisis that he has uncovered
and has information for the government. It should be noted that James talks about this
throughout his entire interaction with officers.
o Officer Monette tells James that the officers want everything to go smoothly. James ignores
Officer Monette by talking over him. Officer Monette states that he wants James to be
cooperative with the officers and James stated he will not cooperate. Officer Monette tells James
that if he gets too close to the officers they will ''bean bag" him.
o James walks towards officers who can be seen raising their firearms and yelling for James to
stop. Sergeant Carpenter advises all officers on scene that if James walks past a rock then the
officers with bean bag shot guns will "bean bag" him. Officer Monette tells James to drop his
knives.
o James yells "Will somebody call the State Police I have a matter of National security, I'm being
attacked, we have 4 or 5 months of money left worldwide."
o James states that he is going to back off. The officers in view of the camera can be seen
lowering their weapons.
o Sergeant Carpenter advises the officers again that if James walks past a rock (not in view of the
camera) then he is authorizing them to deploy the ''bean bag" at him.
o Officer Monette speaks with James and tries to convince him to take his hand out of his pocket
and walk towards them with nothing in his hands. Officer Monette says he needs to get past the
issue that James has knives on him.
o James tells Officer Monette that he is not going to abandon his property. Officer Monette tells
James ifhe doesn't want to abandon his property then he can put his hands on his head so
officers can place him in handcuffs. James states that the military does not have the right to put
handcuffs on him.
o Officer Monette asks James to look at this situation from the officers perspective. James tells
Officer Monette that he will try. Officer Monette tells James that they are dealing with a
situation and the fact that he is armed. James states that the officers who arrived were armed.
o Officer Monette tells James that he needs to get past the issue ofhim being armed. James states
it is not an issue. James states he is military and he has a right to take Officer Monette's rifle
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective GeofferyT Stone
REVIEWING OFFICER: Sergeant E. Thomson /(
218
5199
10NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
. . -" ..
from him and he would have to defend them against Officer Montette before he killed Officer
Monette.
o Officer Monette tells James that ifhe keeps his knives in his pockets and places his hands on his
head then the officers can go up and take the knives off of him. James replies by saying you
don't detain the Department of Defense. James stated he was starting to get pissed because he
was divulging secret info.
o Officer Monette tells James as soon as they can get over the issue of him not being armed they
can move on to the next issue. James tells Officer Monette that someone has commanded
Officer Monette to draw weapons on him and that is the issue. James said the officers came at
him armed and had they approached him different he would have made them coffee. James
stated he told the officers to settle their weapons but they called more and that is an issue with
the Department of Defense. Officer Monette states that they do not want to shoot James and he
doesn't believe James wants to do anything to them so they should just take things one step at a
time. James tells Officer Monette if he has to shed blood they be stuck here for 3 or 4 days.
James states he does not want to get stuck like he got stuck 20 years ago.
o Officer Monette tells James that he can guarantee his safety and then asks him to put his knives
down so they can talk. James tells Officer Monette that he cannot put the knives down. Officer
Monette tells James that he cannot talk to him with his knives like that. Officer Monette
attempts to compromise with James by asking him to fold his knives up and put them in his
pocket. James states he is not going to do that with 6 officers there with guns drawn.
o Officer Monette asks James how long he has been camping out in the open space area. James
answers the question by stating it is a Department of Defense matter. Officer Monette tells James
he is just trying to get some basis here. Officer Monette asks James ifhe has water. James
replies by saying he has water and then asks Officer Monette ifhe wants a gallon of water.
Officer Monette tells James he is good.
Officer Monette asks James ifhe is hungry. James tells Officer Monette that he was about to
make some dinner and watch a movie. Officer Monette asks James where he has been living and
James stated he had been living right here. James stated he had an apartment at one time but he
lost it. Officer Monette asked James when the last time he stayed in a hotel. James stated it had
been about a month since he was in a hotel. Officer Monette asked James if he liked staying in a
hotel or out here in the open space area. James stated he would much rather be in a hotel than
the open space area. Officer Monette tells James that ifhe puts his knives down and comes to
talk with them he would get James a hotel for a week. James asks Officer Monette his name and
* This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective GeofferyT Stone
REVIEWING OFFICER: Sergeant E. Thomson ;ty(
219
5199
10NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" "1975)
Officer Monette tells him his name. Officer Monette again tells James ifhe puts his knives down
he will get James a hotel for a week. Officer Monette tells James ifhe comes down he will grab
James's belongings for him. James tells Officer Monette that this is not a negotiation. James
begins arguing with Officer Monette and tells him to stop trying to disarm him with words.
o Sergeant Carpenter speaks with James and advises him that at a certain point they are going to
have to stop going back and forth. James states that they are not going back and forth. Sergeant
Carpenter tells James that he is being unreasonable in which James replies that Sergeant
Carpenter is being unreasonable. James tells Sergeant Carpenter to step back because he is trying
to slander his character. James talks more about being the Department of Defense and Sergeant
Carpenter states that James is not the Department of Defense. James states, "whoa, whoa are
you accusing me?" At this point officers yell at James to stop while raising their weapons.
James continues to talk about the Department of Defense and an economic coup against the
United States of America.
o Sergeant Carpenter asks James what he thinks will help this situation. James tells Sergeant
Carpenter that he does not know police procedure he knows militarized procedure. Sergeant
Carpenter asks James how many knives he has on him and James states "don't worry about my
weapons."
o Sergeant Carpenter tells James that ifhe puts his knives away the officers will holster their
weapons. Sergeant Carpenter tells James that if he does this an officer will then pat him down.
James tells Sergeant Carpenter that no one is going to touch him. James tells Sergeant Carpenter
that he does not have the legal authority to touch him. Sergeant Carpenter tells James that at this
point he does have that authority however James continues to argue the point. Officers can be
seen raising their weapons again and Sergeant Carpenter tells James to not come any closer to
him.
o Sergeant Carpenter asks James how they are going to resolve this situation and James states "1
don't think we can, 1 think somebody is going to get hurt, killed, 1don't even know." James and
Sergeant Carpenter begin talking about the legality of camping in the open space area.
o Sergeant Carpenter asks James ifhe has ever been hospitalized for any reason. James tells
Sergeant Carpenter not to ask him personal questions. Sergeant Carpenter asks James ifhe is
diagnosed with anything and James says no .
This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
Sergeant E. Thomson II(
10 NO.
2702
REVIEWING OFFICER:
10 NO.
220
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" .... 975)
o Officer Monette asks James how old he is and James replies 44. Officer Monette asks James
where he was born and he replies "west coast." James briefly talks about his life when he was
growing up. He also talks about contacting the CIA when he was younger.
o Sergeant Carpenter asks James ifhe went to high school in Albuquerque. James replies by
saying he never went to high school. Sergeant Carpenter asks James ifhe ever played sports and
James states he played sports for a while when he was 13. Sergeant Carpenter asks James when
he moved to Albuquerque and James states when he was 43. Officer Monette asks James what
brought him to Albuquerque and James states one of the agreements he had with the Department
of Defense was he wanted to settle down. James stated he spent about 2 Y, years in prison about
a year ago.
o James asks Officer Monette if they can find some shade because it is getting hot outside. Officer
Monette asks James where he wants to go and James asks if they can go to a hotel or Denny's.
Officer Monette tells James he already explained what it would take in order to do that. Officer
Monette offers to buy James some food at Denny's but all he has to do is come down with
nothing in his hands. James says he has to take some property with him and identifies a hoodie
and a backpack that he wants to take with him. Officer Monette says he doesn't want James to
go through his bags but he offers to go through James' bags for him and then pass them to him.
James appears to cooperate with Officer Monette by saying "alright." James then warns Officer
Monette that if there is an attempt to arrest him he has had to hurt people inthe past and it would
hurt his feelings ifhe had to do it now. Officer Monette states that he understands where James
is coming from but he needs James to keep his hands out of his pockets. James states the officers
need to keep their distance from him as they check his bags. Officer Monette tells James they
will come up and check his bags but he needs to put his hands on his head. James states that he
cannot do that. James becomes uncooperative and tells the officers they will not disarm him.
o Sergeant Carpenter tells James that their concern is he may have some type of military training
and they don't want to approach him with the knives on him. James ta1ks about having a lot of
power to include the power to arrest the officers right now.
o Officer Monette tries to explain why they don't want James to have the knives on him or in his
pockets. James states that if any officer gets within 3 feet ofhim he will go for a leg or a boot.
James states they want him to be comfortable because they have guns drawn right now. James
states that ifhe gets hurt and is forced to kill someone then he has to fix them and judge them
and decide if they are a drone.
* This form is for additional narrative Information only. Any additional persons, property, change of status. etc.. must be submitted upon the ap.
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson t7K
221
5199
10 NO.
2702
tONO.
DATE 09/2612014
DATE 09/26/2014
P111526
(REVISeD 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLE.MENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
o Sergeant Carpenter advises James that officers from State Police have arrived on scene and are
willing to speak with him. James asks Sergeant Carpenter who he is dealing with and Sergeant
Carpenter states they are here because James requested a liaison from them. James accuses
Sergeant Carpenter of lying and tells him he does not believe State Police are here to speak with
him.
o Sergeant Carpenter asks James ifhe has any firearms in his bags. James states that he told them
not to ask about his property. James says he is not attempting to harm anyone so they don't have
to worry about his property.
o Sergeant Carpenter tells James that he doesn't know how they are going to resolve this and asks
James if he has any suggestions. James tells Sergeant Carpenter that he is going to be real direct
then says, "I'm about to attack you man." James states he already told Sergeant Carpenter how
this can be resolved and that is by contacting OS1, crn or a liaison with State Police. Sergeant
Carpenter says that State Police are here but James does not believe him.
o At approximately 1800 hours, State Police Officer Mitch Bengston arrived on scene and walked
up to the area where James was standing with officers in the Open Space area. Sergeant
Carpenter contacts Officer Bengston and advised him of the situation.
o Officer Bengston contacts James and introduces himself as Mitch. James tells Officer Bengston
that his name is BA. Officer Bengston asks James what is going on. James tells Officer
Bengston that he is with the Department of Defense and is classified as an unknown officer.
James spends several minutes explaining to Officer Bengston what he believes is a matter of
national security and economic crisis.
o Officer Bengston asks James what weapons he has on him and James tells him not to worry
about what weapons he has because they are not a threat. James tells Officer Bengston that when
the officers approached him they had their guns drawn and he was under attack so he had drawn
weapons. James says he does not know how to resolve this because it has blown out of
proportion.
o Officer Bengston states that one way to resolve this situation is to put his hands up and submit to
the officers. James states that he cannot submit to the officers because he is a higher office than
them. Officer Bengston asks if James will sit down and speak with the officers. James said he
has been trying to do that but the officers came at him with guns drawn .
This form Is for additional narrative Information only. Any additional persons, property, change of status, etc .. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ;;
222
5199
IONO.
2702
IONO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA""975)
o Officer Bengston asks James where he wants James to take his information and James begins
talking about someone wanting him to be with a 9 year old boy and he does not have sex with
children. Officer Bengston asks how long it has been since he has contacted any government
organization. James stated he does not have any identification but he does not know state
procedure.
o Officer Bengston asked James what the government is calling him now. James states that
government gave him a birth certificate of James M. Boyd. James stated he has looked up a
couple different people named James Boyd and he does not understand the relevance. James
then states that his date of birth is~75.
o Officer Bengston asks other officers if they are going to run that name and they state yes.
o Police sirens can be heard in the background approaching the area. James asks Officer Bengston
what the response is right now. Officer Bengston says he is waiting for a debrief then they will
tell him what is going on.
o Officer Monette explains to James that they are not here to mess with him or anything they are
just trying to figure out how they are going to get James down. James says they don't need to
get him down because it is not illegal for him to be there.
o Officer Bengston explains to James that it is illegal to camp in the Open Space area however if
he wanted to move to the National Forest area that would be legal. James explains that he feels it
is legal for him to camp in the Open Space and further explains he does not like staying at
homeless shelters.
o Officer Bengston asks James if there is a reason he will not put his knives down. James says
they need to put their weapons down. Officer Bengston says that is not how it works and that the
Department of Defense is a higher office.
o Officer Monette reminded James that he offered to get James a hotel room. Officer Bengston
asked James why he refused the offer. James stated it is a legal binding offer to the Department
of Defense right now. James stated he didn't refuse the offer, but the circumstances were
someone was trying to give him further instructions.
o Officer Bengston asks James to put the knives down. James states, "Officer, I'm not putting the
knives down." James then states that one of the officers has a side arm that is holstered and he is
not threatened by him .
., This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
223
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/2612014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENsE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
o Officer Bengston asks James again ifhe has any other weapons and James tells him not to ask
about his property.
o Officer Bengston speaks softly to Sergeant Carpenter and asks him how far out K9 officers are.
Sergeant Carpenter states that they should be on scene.
o James tells Officer Bengston that he is going to grab his back pack and hoodie and walk down
the mountain. James says that the officers need to keep a 3 foot distance from him and he will
go to a hotel if they give him a hotel voucher. Officer Bengston tells James that none of that is
going to happen until he puts his knives on the ground. James says Officer Bengston has no
business talking about his weapons.
o While officers are speaking with James a police K9 can be heard barking and whining in the
back ground.
o James and Officer Bengston argue back and forth about James putting his knives down. James
continues to state that he cannot put his knives down.
o Officer Bengston talks softly to another officer and says this is going nowhere and to bring the
K9 officers up.
o Sergeant Carpenter speaks softly to Officer Bengston and advises him that K9 officers are taking
over so he and the other patrol officers are going to tactically retreat away from James.
o James talks about the approaching K9 being a sheppard then begins to bark as the K9 officers
approach his position.
At this point the initial responding officers moved away from James Boyd and were directed to create a
wider perimeter around the camping area where James was standing. Please refer to all officer Taser footage
logged into Evidence.com for complete details on their interaction and dialog with James Boyd.
I reviewed the Taser footage from K9 Officer Scott Weimerskirch. It should be noted that his Taser footage
captured the majority of the tactical officer's (arrest team) contact with James Boyd from approximately 1830
hours until approximately 1930 hours, which is when this incident ended. The following is a summarization of
that incident based on my review of the Taser footage. It should be noted that other patrol and tactical officers
had their Taser camera's running during this time frame but were positioned in an area away from James Boyd
This form Is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson Il
224
5199
10 NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"~975)
140023683
where none of his dialog with the tactical officers in the arrest team could be heard or seen. The summarization
will include the time that events happened as it is shown on Officer Weimerskirch's Taser camera footage.
AXON Flex Video 2014-03-161823 (Officer ScottWeimerskirch's Taser footage)
1823:45- Officer Weimerskirch's camera turns on as he approaches the major north/south running trail
that is located west of James Boyd's position in the open space area. Officer Weimerskirch has his K9
with him on a leash.
1824:05- Officer Weimerskirch approaches and stands next to APD ROP Detective Richard Ingram who
is standing on the above mentioned trail. Detective Ingram is wearing a green tactical vest with a patch
that says POLICE. He has a department issued Taser shotgun slung on his left shoulder.
1824:18- Officer Weimerskirch asks if there are any charges against James Boyd. Officer Patrick
Hernandez approaches Officer Weimershkirch and tells him that James had threatened him and Officer
McDaniel with a knife so they had felony Aggravated Assault on a police officer charges against him.
1825:08- Other tactial officers can be seen in the video standing with Officer Weimerskirch. These
officers include SWAT Officer Jeffrey Macfarlane and ROP Detective Keith Sandy. Detective Sandy is
wearing a tactical vest with patches that read POLICE and ROP. Officer Macfarlane is wearing a
SWAT uniform.
1825:20- Officer Hernandez briefs Officer Weimerskirch on the incident. Officer Weimerskirch asks if
officers were able to clear the camp area and Officer Hernandez says no. Officer Weimerskirch
discusses the tactical disadvantages of the terrain with other tactical officers as well as not knowing if
James has other weapons in his camp. Officer Weimerskirch also discusses the area with K9 Officer
Ken Ronzone who is on scene with his police K9. Officer Weimerskirch confirms that James has been
keeping the knives in his pockets.
1828:00- Officer Weimerskirch begins walking east up the hill towards the area where James is
standing. While he is walking he is communicating and being covered by Detective Keith Sandy. In the
video Detective Sandy can be seen holding his department issued AR-15 rifle.
1828:26- Officer Weimerskirch confirms over the radio that James will be taken into custody on felony
aggravated assault on a police officer charges.
1829:00- James Boyd comes into view of Officer Weimerskirch's video footage. Officer
Weimershkirch is still positioned west of where James is standing .
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson 1<'
225
5199 DATE
09/26/2014
IDNO.
2702 DATE
09/26/2014
IDNO.
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
140023683
1829:20- Officer Weimerskirch yells to James and asks, "What's going on man?" James asks Officer
Weimerskirch what office he is. Officer Weimerskirch identifies himself as an officer with APD. James
again requests for a liaison with State Police. James also tells Officer Weimerskirch about his matter of
national security. Officer Weimerskirch asks James to come off the mountain so they can talk. James
continues to talk about his matter of national security.
1832:00- James talks about being in jail several years prior. James states while he was in jail he was
murdered and he committed suicide twice.
1832:58- Officer Weimerskirch asks James ifhe wants to speak with the State Police officer again.
James acknowledges that he will speak with State Police. Officer Weimerskirch expresses to James that
he wants to resolve this right now.
1833:30- State Police Officer Bengston walks to Officer Weimerskirch's location and begins speaking
with James again. Officer Bengston tells James ifhe puts his knives down he can come down the
mountain and they will speak with him. James tells Officer Bengston that he is not going to put them
down. It should be noted that ROP Detective's Sandy and Ingraham come into view of Officer
Weimerskirch's video footage and take cover behind a large rock next to Officer Monette who was
already standing next to the rock.
1834:12- Officer Weimerskirch asks James what kind of knives he has. James becomes very irate and
begins yelling and cursing at Officer Weimerskirch for having State Police Officer Bengston come up
and talk to him. Officer Weimerskirch apologizes to James and states he thought James wanted to speak
with State Police again.
1835:00- Officer Weimerskirch asks James what branch of service he was in due to the fact that he is
talking about OS!. James states he needs to contact OSI and Cill. James yells at Officer Weimerskirch
again and says he is not walking out of here but they better walk out of here or they will have to bring
the military. James talks about not being a child molester and states that he is in love with a 26 year old
woman right now. James tells Officer Weimerskirch that one of them is a child molester and he will
have to kill one of them right now.
1836:17- James continues to yell at Officer Weimerskirch and says he is going to hunt him down and
kill him. Officer Weimerskirch asks James ifhe is talking to him or State Police. James says he is
talking to the State Police officer. James again threatens to kill one of the officers.
* This fonn is for addItional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
226
5199
10NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P11152B
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~5)
1836:53- Officer Weimerskirch tells Officer Bengston that he doesn't think State Police being on scene
is going to be the solution then tells Officer Bengston to go back down the hill and stand with one of the
on scene supervisors. While Officer Weimerkirch is talking to Officer Bengston, James yells and says,
"we are all going to die here tonight." Officer Weimerskirch asks James why they are all going to die
tonight and James states that there is only five months left of the world economy.
1838:00- Officer Weimerskirch asks James for his name. James does not answer the question so Officer
Weimerskirch asks James what he wants him to call James. James tells Officer Weimerskirch to call
him sir. Officer Weimerskirch asks James ifis a veteran or ifhe served. James tells Officer
Weimerskirch that he is serving right now. Officer Weimerskirch asks James ifhe thinks the VA will
help him and James says no I'm not going to the VA. Officer Weimerskirsh says the VA might be able
to help him out with money. James states that he has billions of dollars and could make millions of
dollars a year.
1839:32- Officer Weimerskirch asks James what the major issue is today. James says the issue today is
he has a matter of national security that he has been trying to notify APD and the Sheriff's department
about. James says his New Mexico State identity is gone and he can't even get a motel. Officer
Weimerskirch tells James that he is with APD and he is trying to figure out how he can help James.
James again says he wants to talk with State Police because they are the only ones that can call in the
military. Officer Weimerskirch asks James ifhe knows about the "Posse Comitatus Act." James says
he is not familiar with that act. Officer Weimerskirch explains that the US military cannot enforce
civilian law without the authorization of the President of the United States or the Governor of a state.
James stated that is why he wanted to speak with State Police because only they could relay that
information. James begins yelling, "I'm going to get your fucking hat man." James says this several
times.
1843:52- Officer Weimerskirch tells James that he is going to be direct with him. Officer Weimerskirch
says they are not going to leave until they figure out what James needs. Officer Weimerskirch tells
James that he should come down the mountain so they can talk. James tells Officer Weimerskirch that
he is not going to come down because they are going to shoot him. Officer Weimerskirch asks James if
he has any knives on him now and James tells him not to worry what he has on him and he is not a threat
to anyone.
1845:10- Officer Weimerskirch again asks James what he can do to resolve this situation. James tells
Officer Weimerskirch that he already told them what he wants. James states that he does not want to go
to a hotel rather he wants to go to a motel.
* This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
227
5199
10 NO.
2702
IDNO.
DATE 09126/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
1847:00- Other tactical officers can be seen walking up to Officer Weimerskirch's position. Officer
Weimerskirch briefs the officers on the situation. James becomes more upset when the other tactical
officers arrive and states he is being further attacked by the officers. Officer Weimerskirch explains that
they are not attacking him but these other officers are part of his team and they are there trying to
resolve the situation.
1852:30- James tells Officer Weimerskirch about the initial contact with the two open space officers by
stating that they drew their guns and said, "let me see your hands, let me see your hands." James states
that is when he drew his knives. James stated he was assaulted by the officers.
1853:40- Officer Weirnerskirch speaks with other tactical officers about a plan to get closer to James as
well as setting up a perimeter.
AXON Flex Video 2014-03-161854 (Officer Scott Weimerskirch's Taser footage)
1855:30- Officer Weirnerskirch asks James to come down and talk to him but James states he is not
coming down now. Officer Weimerskirch tells James that he is concerned for his and other officers
safety because he won't tell officers what weapons he has on him. James begins yelling at Officer
Weimerskirch that he will kill Officer Weimerskirch in the dark. James also talks about already being
murdered by Officer Weimerskirch.
1859:05- Detective Sandy advises Officer Weimerskirch that James walked out of view and he can no
longer see him. Detective Sandy and Officer Weimerskirch discuss moving closer to James' position on
his flank. Officer Weimerskirch asks Detectives Sandy and Ingram if they want to try talking to him.
One of the detectives states that James is not coming down. James can still be heard talking to the
officers.
1900:40- Detectives Sandy and Ingram briefly speak with James and ask him to come back out into
view and speak with them. James can be seen in the video moving back into view.
1901:50- Officer Weirnerskirch tells Detectives Sandy and Ingram that they are running out of daylight
so they need to figure something out.
1902:28- Officer Weimerskirch asks Detectives Sandy and Ingram, "do you see that rock facing the
trail? That's where I need to get guys."
This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
228
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBQQUERQUE POLICE DEPARTMENT
SUPPLE.MENT ARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPO RT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
1905:30- Officer Weimerskirch gets on the radio and speaks to Sergeant Jim Fox and tells him that
daylight is going to be an issue so they need to come up with a plan to take James into custody for the
aggravated assault on police officers charges.
1906:09- Officer Weimerskirch tells Detectives Sandy and Ingram that ifhe can get up to the boulder
that is closer to James he can deploy the dog at James. They discuss the use of the Taser shotgun but
Officer Weimerskirch expresses concern that the Taser shotgun may not be effective and may also
render the K9 deployment non effective. Officer Weimerskirch discusses walking closer towards James
and assess his demeanor.
1907 :35- Detective Ingram speaks to James and tells him that he is not doing what they are telling him.
James becomes irate and says that he will kill Detective Ingram right now. James continues to yell at
Detective Ingram.
1908:05- Detective Sandy advises Officer Weimerskirch that James has walked out of view so they
decide to move closer to the position they had previously discussed moving to.
1908:45- All three officers move to a position where they are now just south of James. James can be
seen in the video coming back into view and barking like a dog towards the officers.
1908:47- Officer Weimerskirch states that he can see James has a knife in one of his hands and watches
him place it in his pocket. James tells Officer Weimerskirch that he wants to go back to his family.
Officer Weimerskirch tells James that this is not going to get him there. James yells at Officer
Weimerskirch and says he is under a lot of stress. Officer Weimerskirch asks James how he can take the
stress away. James states, "you can't take my stress away." Officer Weimerskirch asks how he can
work with James to make the stress go away. James asks Officer Weimerskirch where his hotel voucher
is and where the military is. Officer Weimerskirch says the military is not coming out. James continues
to yell at officers.
1910:30- Officer Weimerskirch tells James to drop his knives and come down to them. James says he is
not going to drop his knives. James states he will drop the knives "up your ass."
1910:44- James tells the officers that they better come up with a plan how they are going to walk out of
here. Detective Ingram tells James ifhe drops his knives they can all walk down together. James states
he already tried that. Detective Ingram again asks James to drop his knives so they can go down the hill
and talk. James accuses the officers of being murderers and rapists and he does not want to get
murdered. James says he can't talk to them if they have weapons. Detective Ingram states that they
have weapons because James has weapons. James yells that he has a right to weapons .
ThIs form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson IK
229
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUEPOLICEDEPART.MENT
SUPPLE:MENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
1912:40- James states he is going to grab his gear and start walking so they better be friendly. The
officers can be heard whispering to each other but the content of their discussion cannot be heard.
1912:46- Detective Ingram tells James he needs to put down his weapons. James states, "you don't tell
me to put down my weapons." James states, "if someone is dying tonight it is not going to be me."
Detective Ingram tells James that "we can't do this." James yells at Detective Ingram and states that
they are nota team and there is no we. James states that the officers are murderers and rapists.
1913:15- Detective Sandy advises both officers, "both knives are out." James can be heard yelling that
if the officers approach again they are going to get killed. James continues to yell and threaten the
officers.
1913:53- Officer Weirnerskirch talks on the radio and advises that James keeps pulling his knife out of
his pocket and is very agitated. James yells at the officers and tells them that they are approaching death
tonight.
1914:05- James makes a comment about a sandwich and then it appears as though something is thrown
by James towards the officers. Officer Weirnerskirch's police service dog can be seen lunging at the
object and Officer Weirnerskirch gives a command for the dog to leave the item alone. James states that
it is for the dog. James continues to talk about having to kill the officers and preventing them from
murdering him.
1916:30- Officer Weirnerskirch speaks to the other officers and states that other tactical assets are still in
route to the scene. The officers discuss what options they have to take James into custody.
1917 :24- James asks if they really think they are going to kill someone tonight. Officer Weirnerskirch
tells himthey just want James to come down so they can all go home. Officer Weirnerskirch tells James
that ifhe tells him his name he can start having other officers help in trying to get him a place to stay
and get his identity back. James refuses to tell Officer Weimerskirch his name. James tells Officer
Weirnerskirch to call the Department of Defense or em. James asks Officer Weirnerskirch why he is
treating him like he is stupid. Officer Weimerskirch tells James that he is not treating him like he is
stupid. Officer Weimerskirch tells James that the only way they are all going to go home tonight is if
James gets his stuff and they walk down together. Officer Weirnerskirch tells James that they obviously
don't get what each other is talking about so the only way to get down the hill is if James gets his stuff
and they walk down together. James continues to argue with Officer Weimerskirch and at one point
states this only going to end by someone getting shot and them making the paper. Officer Weimerskirch
tells James that no one is there to harm or kill him .
...This form is for additional narrative information only. Any additional persons, property. change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
Sergeant E. Thomson 'if(
5199
10 NO.
2702
REVIEWING OFFICER:
10 NO. P111528
(REVISED 6183)
230
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _75)
1921:21- Detective Sandy advises officers that James is grabbing his bags and then asks Officer
Weirnerskirch ifhe wants a "bang" (flash bang). James continues to talk to the officers and makes
mention again about having to kill the officers. James states that ifhe has to harm anyone he is going to
be pissed off. Officer Weirnerskirch tells James that he needs to come down to their position. James
tells Officer Weirnerskirch that is what he is going to do.
1921:42- Officer Weirnerskirch moves out from behind a rock he was next to towards James. Officer
Weimerskirch's police service dog can be seen looking in the direction of James.
1922:00- Officer Weirnerskirch speaks to the officers and states, "try him with the X rap first." The
officers can be heard speaking softly to each other but the content of the conversation cannot be heard.
1922:35- Officer Weirnerskirch tells James that he needs him to drop all of his knives. James yells at
Officer Weirnerskirch and states, "there you go again man." Officer Weirnerskirch states that James
can't walk down. James cuts Officer Weimerskirch off and tells him that he has every right to carry his
knives. James states that they don't have the right to his knives. James states that they don't have the
right to touch him so he would have to start breaking bones and getting bloody. James states that this is
for the officers' safety because ifhe has to hurt them with his hands it is going to get weird.
1923:28- Officer Weimerskirch gets on the radio and advises Sergeant Fox that James is grabbing his
bags and is going to walk down but is refusing to disarm himself. Officer Weimerskirch advises that
they have a plan in place to take him into custody ifhe walks towards them.
1924:08- James states that the officers are trying to murder him so he will have to protect himself.
James warns the officers to not try to harm him and he won't have to harm them.
AXON Flex Video 2014-03-161924 (Officer Scott Weimerskirch's Taser footage)
1924 :35- Officer Weimerskirch gets on the radio and advises that James is grabbing his stuff and talking
about walking down but not complying with any commands. Officer Weirnerskirch advises that they are
going to try and keep him occupied and they have a plan to take him into custody.
1925:00- James states that ifhe gets their blood on him he is going to be pissed. James states that if
they shed blood he will shed their blood.
1925: 14- Officer Weirnerskirch asks Detectives Sandy or Ingram if they have a bean bag. Their
response cannot be heard. Detective Sandy advises the officers that James has mace .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
231
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09126/2014
P111528
(REVISED 5/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_975)
1925:40- Officer Weimerskirch gets on the radio and requests an impact weapon to his location. The
officers continue to discuss their plan but not all the conversation can be heard on the video.
1926:58- Officer Weimerskirch tells James that for their safety he needs to stop right there. James
argues with Officer Weimerskirch. Officer Weimerskirch tells James, "I'm telling you right now,"
James cuts him off and says "you don't tell me." James tells Officer Weimerskirch that he does not
want to hurt the dog because he loves dogs. James states that he has told them too many times not to
instruct him. James states that he told them the safe steps. Officer Weimerskirch asks James what the
safe steps are. James states the safe steps are they walk out of here.
1928:00- James accuses Officer Weimerskirch of changing up the agreement. Officer Weimerskirch
states he is not changing up the agreement. James yells and says he has a coffee in his hand and a
shoulder bag in his hand. James continues to say Officer Weimerskirch changed the agreement. James
states he won't put his hands on his head because he is not a criminal.
1929:12- Officer Weimerskirch gets on the radio and advises Sergeant Fox that James is not complying
with his commands and is going to attempt to walk down the hill with his bags. Officer Weimerskirch
yells to James to grab his stuff. Officer Weimerskirch tells James he is not changing up the agreement.
James states if they were at a bus stop he would have the right to kill him right now. James tells Officer
Weirnerskirch not to change up the agreement. Officer Weimerskirch replies and says "alright."
1930:42- Officer Weimerskirch can be heard whispering to the other officers, "bang him."
1930:46- The flash bang can be heard exploding and a bright flash can be seen on the video.
1930:47- Officer Weimerskirch releases his department issued dog and begins yelling commands.
Detective's Sandy and Ingram can be heard yelling for James to get on the ground.
1930:55- Officer Weimerskirch's police service dog can be seen biting what appears to be a blue bag.
1930:56- Several gunshots can be heard in the video. It should be noted that Officer Weimerskirch's
video is pointed towards the ground so the only thing in view is his service dog and the ground during
when the shots are fired.
1931:03- An male voice can be heard in the background yelling, "moving up." This male voice is that
of SWAT Officer Dominique Perez .
This form Is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson Ii
232
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111!528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
1931:10- Officers yell that James still has the knives in his hands. They give James commands to drop
the knives.
1931:17- A male voice can be heard saying, ''please don't hurt me, I can't move." That voice is
presumed to be James Boyd.
1931:30- A male voice can be heard yelling, "bean bag, bean bag." Followed by what sounds like three
bean bag shots being fired. This male voice is that of SWAT Officer Ramon Ornelas.
1931:56- Officer Weimerskirch deploys his police service dog on James. Officer Weimerskirch moves
up and James can be seen lying on the ground face down. James can be seen holding a knife in each
hand. The officers move in, remove the knives from James's hands and take him into custody.
The video ends shortly after James is taken into custody. Please refer to the Taser video footage logged into
Evidence.com for complete details.
I reviewed a copy of Detective Ingram's audio recording of the incident. The following is a summarization
of that audio recording.
The audio starts when Officer Weimerskirch is speaking with Open Space Officer Patrick Hernandez
talking about what happened when he (Officer Hernandez) first contacted Boyd.
Several officers are talking about not knowing what weapons Boyd has in his camp and the tactical
disadvantages of the terrain.
Sergeant Jason Carpenter can be heard telling the officers that Boyd has two knives in each pocket.
Detective Keith Sandy can be heard describing Boyd's movements and actions.
Officers can be heard walking and stating they are moving up.
Officer Weimerskirch begins speaking with Boyd. It should be noted the dialog is the same dialog you
can hear on Officer Weimerskirch's Taser camera footage.
Boyd can be heard stating that he had been maced in prison 14 times and bean bagged several times.
As Officer Weimerskirch speaks with Boyd Detective Sandy can still be heard calling out Boyd's
movements and actions.
State Police Officer Mitch Bengston arrives and briefly speaks with Boyd, which agitates and angers
Boyd.
The dialog between Boyd and Officer Weimerskirch continues for some time.
The officers discuss the location of other tactical officers.
Other tactical officers can be heard walking to Officer Weimerskirch's location. This appears to anger
Boyd and he states he is being further attacked .
.. This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACQPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson I{'
233
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P'11528
(REViSeD 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
140023683
Detective Sandy can be heard telling the tactical officers that they need more less lethal options on the
perimeter.
One officer states Boyd has pulled the knives out of his pockets.
Officer Weimerskirch speaks to an officer and states he is not getting anywhere with Boyd. The officer
asks Officer Weimerskirch ifhe wants a CIT officer and Officer Weimerskirch states yes.
That officer is heard calling for the first available CIT officer to respond over the radio.
Officers talk about a less lethal plan if Boyd walks past a certain point.
Boyd talks about his interaction with the open space officers and states they assaulted him so he was
forced to pull out his knives.
Officer Weimerskirch asks Detectives Sandy and Ingram if they have a flash bang and they both say yes.
Boyd talks about not wanting to walk down the hill and being able to kill in the dark once the sun goes
down.
Detective Sandy states that Boyd has walked out of sight towards his camp.
Officer Weimerskirch asks Detectives Sandy and Ingram if they want to try and speak with Boyd and
they state no they don't think he is going to come down.
Detective Ingram states Boyd is out of view again. Boyd can be heard talking but his voice sounds
distant.
Boyd's voice sounds closer and he speaks to Officer Weimerskirch again.
Officer Weimerskirch speaks to the detectives and states they need to do something because they are
losing daylight.
Detective Ingram states Boyd is out of view again.
o Boyd can be heard barking in the background.
o Officer Weimerskirch can be heard stating if they move to a particular rock near a path he can utilize his
police service dog.
Detective Sandy states they can deploy the Taser shotgun from there as well.
Officer Weimerskirch expresses concern that the Taser shotgun may not effect Boyd and if it is
deployed then his police service dog will be out of play.
o The officers discuss moving up to the area Officer Weimerskirch has pointed out.
o Detective Ingram tells Boyd they can ensure his safety ifhe does what they say.
Boyd begins screaming at Detective Ingram saying he will kill him right now.
o Detective Sandy states that Boyd is walking towards them with his hands in his pockets and then turns
around and walks out of sight.
The officers can be heard moving to the area Officer Weimerskirch has pointed out.
o Detectives state Boyd is walking back towards them again.
o Boyd begins speaking with Officer Weimerskirch again.
Detectives state Boyd has placed his hands in his pockets.
o Officer Weimerskirch and Detective Ingram tell Boyd to put down his knives but Boyd refuses .
.. This form is for additional narrative Information only. Any additional persons. property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
/if
10 NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
10 NO.
P111528
234
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
Detective Ingram asks repeatedly for Boyd to put down his stuff and walk down with them but Boyd
states he is not putting down his defenses.
Boyd states he is going to grab his gear and start walking so they better be friendly.
Detective Sandy states Boyd has his knives out. Boyd continues yelling at the officers and threatening
to kill them.
Officer Weirnerskirch advises officers on the radio that Boyd continues pulling a knife out of his right
pocket.
Boyd can be heard throwing the sandwich towards the officers and states it is for the dog.
Officer Weimerskirch expresses his concern that if they try to deploy the Taser shotgun now and it does
not work then they have "played their hand." Officer Weirnerskirch states they have more tools coming.
Boyd asks if they really want to kill someone tonight. Officer Weirnerskirch states he does not want to
kill anyone, he just wants Boyd to walk down the mountain so Officer Weimerskirch can go home to his
family.
Officer Weirnerskirch tells Boyd the only way they can go home is if Boyd grabs his stuff and they all
walk down the hill together.
Boyd states all he sees is someone getting shot and everyone make the newspaper.
Boyd states he is going to grab his packs aod walk down the hill.
Detective Sandy states Boyd is grabbing his bags aod asks Officer Weimerskirch "do you need a baog?"
Detectives state they need another officer for a good arrest team.
Officer Weirnerskirch discusses the plan to take him into custody and tells Detective Ingram to deploy
the Taser shotgun first.
Detective Ingram states Boyd is putting more clothes on.
Officer Weirnerskirch tells Boyd to put his knives down but Boyd refuses.
Detective Sandy states Boyd places his haods in his pockets and pulls the knives out again.
Officer Weirnerskirch advises over the radio that Boyd is talking about grabbing his bags and walking
down but will not disarm himself and will not comply with officers commaods so they have a plan to
take him into custody ifhe walks towards them.
Officer Weirnersrkirch requests additional officers to his location and states he has a plan to take Boyd
into custody.
Officer Weirnerskirch asks Detectives Sandy and Ingram if they have a bean bag (bean bag shotgun) and
they state no.
Detective Sandy states Boyd's hands are in his pockets again and then states Boyd has mace on him.
Boyd acknowledges that what he is holding is mace and asks, "do you want to get maced tonight?"
Detective Sandy and Ingram discuss firing the Taser shotgun at Boyd's legs.
Officer Weirnerskirch tells Boyd to stop and place his haods on his head. Boyd refuses and states "you
don't instruct me."
Boyd tells Officer Weirnerskirch he changed up the agreement about walking down the hill.
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson I'{(
235
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
Detectives stated it appears that Boyd has two pairs of pants on.
Boyd again tells Officer Weimerskirch to not change up the agreement, and that he is going to grab his
bags and walk out of there. ..
At this point in the audio is when the officers attempt to affect the arrest and the shooting occurs.
Please refer to the audio recording tagged into evidence for complete details.
Thursday, March 20 2014
Approximately 0941 hours
Iwas contacted by Criminalistics Detective N. Render who advised me that while searching James' s
personal belongings he located a paycheck stub for the following individual.
Jennifer Romero
~d. Rio Rancho, NM 87144
Detective Render advised me that the date on the pay stub was from June, 2013 and the issuing company
was named "Mountain Ash Inc."
Approximately 0948 hours
Ilooked up the company "Mountain Ash Inc." on line and found the following contact information for the
company.
Pete Sutton
'-7713
I contacted Pete Sutton via telephone and spoke with him. Pete stated his company does issue checks to
employees who do work in the film industry in New Mexico.
Approximately 1700 hours
I was contacted by Alexander Thickstun via cell phone who advised me that he had located more of James
Boyd's personal belongings near the camp where he was staying.
After consulting with Criminalistics Detective N. Render, I called Alexander back and advised him to call
242-COPS and request an officer respond to collect the items.
* This form is for additional narrative information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson r;(
236
5199
IONO.
2702
IONO.
DATE 09/26/2014
DATE 09/26/2014
P111S28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLE.MENT ARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
Approximately 1738 hours
Field Investigator W. Harris arrived at Alexander's residence and collected the items Alexander was
referring to (CAD # 140791052). Please refer to W. Harris's supplemental report for complete details.
Friday, March 21, 2014
Approximately 0830 hours
I arrived at the Chief's Office located in the main police station where I conducted a briefing on this
investigation up until this point.
Approximately 1330 hours
Agent Vaughan met with and conducted a recorded interview with State Police Officer Vanessa Martinez
who had been identified as the off duty police officer standing next to James Webster near the open space area.
During Officer Martinez's interview she relayed the following information.
Officer Martinez was riding her bicycle on the dirt paths near 812 Piedra Vista NE at around 1730 hours
when she observed several uniformed APD officers. The officers directed Officer Martinez around the area to
the southwest of the incident. Officer Martinez observed the incident for approximately 15 minutes.
During the time she observed a male subject (later identified as James Boyd) yelling at several Uniformed
K9 , SWAT and other officers including uniformed state police officers. James made various threats to harm the
officers and refused to come down the hillside. Officer Martinez could not tell if James was armed.
Officer Martinez stated she assisted an elderly woman to the bottom of the hill and made sure she exited the
area safely. Officer Martinez left the area prior to the shooting. Agent Vaughan concluded his interview with
Officer Martinez please refer to the recorded interview for complete details.
Sunday, March 23, 2014
Approximately 1200 hours
* This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement tonn to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
237
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
I was contacted by APD Officer C. Souers who advised me that she saw the photograph that Alexander
Thickstun had taken showing James Boyd in the open space area with an unidentified African American
subject. Officer Souers stated the African American looked like a subject who she knew as the following.
Joann Reed
_1959
Officer Souers had contacted Joann on this date but advised me she could not be sure if Joann was the
subject in the photograph. Officer Souers advised me that Joann is homeless and frequents the area of _
_ SE, which is the Pump-n-Save gas station. I asked Officer Souers to complete a supplemental report
~erence her contact with Joann to this case. A copy of Officer Souers' report will be included with this
case.
Tuesday, March 25 2014
Approximately 1000 hours
I conducted a briefing reference this incident with APD Legal Advisor, Kathy Levy in her office. Sergeant
Thomson was also present.
Approximately 1330 hours
I conducted a briefing reference this incident at the District Attorney's office. Present at the briefing were
District Attorney Kari Brandenburg, Chief Deputy DA's Troy Davis, Sylvia Martinez and Debbie Depalo,
Sergeant Thomson, Commander Montano, and Deputy Chief Garcia.
Wednesday, March 26 2014
Approximately 1356 hours
I arrived at 2300 Monterrey, Rio Rancho, NM in an attempt to contact Jennifer Romero. I contacted Manual
Romero (Jennifer's brother). Manual stated that Jennifer was currently at work. I explained my investigation to
Manual and the fact that on~'s paystubs was locat~ :with Jame~ Bo~d's property. Manual stated
that Jennifer used to live at ~E ~ and was the VICtim of a residential burglary and that may be
how James came to be in possession of Je~'s paystub. Manual stated he would have Jennifer call me when
she got off of work.
* This form Is for additional narrative infonnatJon only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement tonn to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson /Ii
238
5199
10 NO.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
BUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENsE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75)
Approximately 1606 hours
Though the use of police resources I was able to locate the police report reference the residential burglary
that occurred at Jennifer Romero's residence (APD Case # 140015319). This report will be included with this
supplemental report. It should be noted that nowhere in the report does it indicate that James Boyd is
responsible for the crime however the suspect is listed as unknown. The police report did indicate that latent
fingerprints were recovered from an empty pack of cigarettes left in the residence.
Thursday, March 27 2014
Approximately 1325 hours
Criminalistics Detective Pezzano processed the SD media disk recovered from Detective Keith Sandy's
Scorpion lapel camera. Detective Pezzano was able to recover the following files from the disk that were date
and time stamped:
02/26/2014 at 0525 hours (10 second video)
02/27/2014 at 0007 hours (18 minutes 17 seconds)
03/12/2014 at 0435 hours (1 second)
03/12/2014 at 0437 hours (10 minutes and I second)
Detective Pezzano viewed the videos and was able to determine that none of the four videos were from when
Detective Sandy was on scene during this incident. All videos appeared to be from different days and different
police situations. Please refer to Detective Pezzano's supplemental report for complete details.
Approximately 1400 hours
I conducted another debrief with Criminalistics Detective N. Render.
Approximately 1427 hours
I met with Criminalistics Detective F. Pezzano where I obtained a copy of the videos and pictures he
collected from Alexander Thickstun. I signed a chain of custody form that will be maintained by Detective
Pezzano. A copy of that chain of custody form will be included in this case.
Approximately 1545 hours
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson IK'"
239
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
140023683
I was contacted by Commander Anthony Montano, Criminal Investigations Bureau, who ordered me to track
down ROP Detective K. Sandy's Scorpion lapel camera that he was wearing during this incident and collect it
as evidence and transport it to the crime lab so Criminalistics Detective F. Pezzano could process it.
Approximately 1600 hours
I contacted Detective Sandy and asked him where his Scorpion lapel camera was located. Detective Sandy
stated it was on his desk at his office. Detective Sandy stated he would call ROP Detective R. Ingram and ask
him to bring the camera to me.
Approximately 1636 houn
ROP Detective R. Ingram arrived at the FAC and gave me a Scorpion camera that he stated was collected off
of Detective Sandy's desk.
Approximately 1700 houn
I arrived at the crime lab and contacted Criminalistics Detective F. Pezzano and transferred custody of the
Scorpion camera to him. I signed a chain of custody form transferring the camera to Detective Pezzano which
will be maintained by Detective Pezzano. A copy of the chain of custody form will be included with this
supplemental report.
Detective Pezzano conducted a series of tests on the camera, please refer to Detective Pezzano's
supplemental report for complete details.
Approximately 1725 hours
I was advised by Commander A. Montano, Criminal Investigations Bureau, that he had received an email
from BCSO Captain Covington who informed him that he had received an email from a subject "Jake" who
identified himself as a friend of James Boyd. Jake was requesting to contact the lead investigator for the officer
involved shooting. Commander Montano forwarded me the email which contained an email address for Jake.
I contacted Captain Covington and spoke with him briefly concerning the email.
Approximately 1735 hours
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson If(
240
5199
IDNO.
2702
IDNO.
DATE 09126/2014
DATE 09/26/2014
P111528
(REViSeD 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
I sent an email to Jake and requested that he call me on my city cell phone.
Approximately 1825 hours
I received a phone call from Jake Martinez who advised that he was the Jake who had sent an email to BCSO
requesting to speak with me. I asked Jake ifhe would come to my office on 03/28/2014 at 1030 hours to speak
with me concerning James Boyd. Jake agreed to the meeting and stated he would call me when he arrived at the
FAC.
Approximately 1952 hours
I contacted Jennifer Romero via cell phone and spoke with her concerning the paystub that was found in
James Boyd's property. Jennifer advised me that the paystub did belong to her and the last thing she
remembered was the paystub was in her vehicle along with her tax information. Jennifer stated she does not
know James Boyd and does not know how he came to be in possession of her paystub. I ended my conversation
with Jennifer.
Friday, March 28, 2014
Approximately 1043 hours
I met with Jake Martinez at the FAC and conducted a recorded interview with him where he relayed the
following information to me.
Jake stated he first met James Boyd while he and James were incarcerated at MOC. Jake advised me that he
always called James "Aba" or "BA" for short. Jake stated Aba was another name for God and James always
introduced himself by that name. Jake stated he and James were in the PAC unit at MOC together when they
started their "meaningful relationship." Jake stated James was the reason he started going back to school while
in MOC to get his high school diploma. Jake stated he and James were in MOC together for approximately two
years.
Jake stated he continued his relationship with James even after he was released from MOC. Jake stated his
family did not like James because they felt uncomfortable with him around. Jake stated he decided to leave his
house and family to be with James out on the streets.
Jake began talking about an incident where police contacted James which resulted in James punching a
police officer and breaking the police officer's nose. It should be noted that the incident Jake is talking about
.. This form is for additional narrative Infonnation only. Any additional persons, property, change of status. etc . must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ty(
241
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
.- -:- .
OFFENSE REPORT*
_O.:....:::ffi~c..:.e=-r :..:In=-v..:.o~lv....::e..::.d....::S.=h..::.oo~t=in2'g~. CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
occurred on 12/2112010 at 501 CopperNW. This incident is in reference to APD Case # 100122501. A copy
of this report will be included with this supplemental report.
Jake stated after James was arrested during this incident and taken to jail Jake went back to living with his
family. Jake stated he tried keeping in touch with James while he was incarcerated at MDC and the Las Vegas
Mental Hospital. Jake stated James was released from the Las Vegas Mental Hospital about one year ago in
which Jake lost all communication with James. Jake stated he had not heard anything from James until he read
the news report about the shooting where James was killed.
Jake provided me with some more background information on James and stated that he did not believe that
James had any family to act as Next of Kin. I concluded my interview with Jake please refer to the recorded
interview for complete details.
Approximately 1125 hours
I was contacted by the acting homicide supervisor Detective H. Anderson who advised me that she received
information from Commander A. Montano that the FBI was going to conduct a criminal civil rights
investigation into this officer involved shooting. Detective Anderson instructed me to make copies of all
reports, recordings, interviews, sketches and evidence currently in my possession and give it to Deputy Chief
Eric Garcia.
Detective Anderson advised me that all evidence currently tagged at the APD Crime Lab would be
duplicated and turned over to the FBI as well. Detective Anderson advised me that Criminalistics Detective
Pezzano would handle that transfer.
Approximately 1323 hours
I arrived at the APD Property room located on the 3
m
floor of the APD main police station. I signed for two
external hard drives.
Approximately 1330 hours
I arrived back at my office and began making copies of all evidence currently in my possession that pertains
to this investigation.
Approximately 1515 hours
This form Is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson /{
242
5199
IONC.
2702
IONC.
DATE 09/26/2014
DATE 09/26/2014
P111528
{REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
I transferred the following copies of evidence to Deputy Chief Garcia for which he signed an APD chain of
custody form and a 2014 felony case assessment log sheet.
Evidence on the APD chain of custody form:
WD My Passport Ultra SN# WXAIE63JASD3
Verbatim DVD-R #1
Verbatim DVD-R #2
Verbatim DVD-R #3
Verbatim DVD-R #4
Evidence on the 2014 felony case assessment log sheet:
Original police report
A. Zwicky Supplemental report
J. Hill Supplemental report
J. Gonterman Supplemental report
A. Ortiz Supplemental report
M. Manary Supplemental report
H. Anderson Supplemental report
M. Caplan Supplemental report
A. Wild Supplemental report
T. Babcock Supplemental report
C. Romero Supplemental report
Officer Sketches (18 sketches)
Canvass forms (4 forms)
J. Stuart Firearms report
Police report (140015319)
J. Miller field investigator report
Sergeant Lopez email (copy)
Kristine Thickstun email (copy)
Photo's (K. Hare, M. Espinosa,
)
Approximately 1622 hours
Detective Pezzano transferred the following evidence to Commander A. Montano. Commander Montano
signed an APD chain of custody form which will be maintained by Detective Pezzano. A copy of this chain of
custody form will be included in this case .
This form is for additional narrative Information only. Any additional persons. property. change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson 'if(
243
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BAH~1975)
One Western Digital brand portable hard drive model WDBZFPOOI OBBK-NESN SN #
WXNIE53YT757: containing the following information:
o Axon Flex video footage for APD case # 140023683
o Digital audio recordings from K. Sandy, R. Ingram, and M. Bengston
o Video recorded/photos taken by A. Thickstun
o Video recorded by D. Perez, J. MacFarlane
Detective Anderson advised me that she had been directed by Deputy Chief Garcia to fill out an APD
forensic photography request form, requesting all photographic evidence pertaining to this case. Detective
Anderson filled this form out and turned it over to the APD photo lab. The photo lab processed the request and
provided Detective Anderson with photographic evidence disc. This photographic request form will be
included with this case.
Detective Anderson transferred custody of the photographic evidence disc to Commander Montano. This
transfer of evidence was documented on the same chain of custody as the above mentioned evidence transferred
from Detective Pezzano to Commander Montano.
Approximately 1700 hours
Deputy Chief Garcia transferred custody of all evidence I transferred to him at 1515 hours to FBI Agent
Brian O'Sullivan. Agent O'Sullivan signed both the APD chain of custody form and the 2014 felony case
assessment log sheet.
Commander Montano transferred custody of all evidence Detectives Pezzano and Anderson transferred to
him at 1622 hours to Agent 0' Sullivan. Agent 0' Sullivan signed the APD chain of custody form.
It should be noted that Agent O'Sullivan also filled out a United States Department of Justice Federal Bureau
of Investigation receipt for property form. Agent O'Sullivan provided a copy of that receipt to Deputy Chief
Garcia.
Monday, March 31, 2014
Approximately 0900 hours
.. This form Is for additional narrative Information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
~
10 NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702
DATE
09/26/2014
IDNO.
P111528
244
(REVISED 6/63)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
I met with Commander Montano who provided me with the FBI receipt for property form that he received
from Agent O'Sullivan which will be included with this case.
Approximately 0944 hours
While working on this case I discovered that I had forgotten to provide Agent 0' Sullivan with copies of the
recorded interviews that Detectives T. Babcock and C. Romero had conducted on 03/1612014.
Approximately 1246 hours
Commander Montano came to my office with the following items.
Western Digital Hard drive (passport) #WDBZFPOOlOBBK-03, SN# WXNIE53XH500
Computer generated documents from personnel at the RTCC
Commander Montano also provided me with a chain of custody form for the above mentioned hard drive
showing that he had signed for the hard drive from Kevin Fuller at 0945 hours. It should be noted that Kevin
Fuller is a civilian employee with the APD Real Time Crime Center (RTCC) Unit.
Commander Montano advised me that all of the Taser video footage from this incident was contained on the
hard drive. I asked Commander Montano how Kevin Fuller came to be inpossession of video evidence
pertaining to this case. Commander Montano advised me that APD Chief Gorden Eden had ordered personnel
from the APD crime lab to make a full copy of all Taser camera footage and place it on the above mentioned
hard drive and give it to the supervisor of the RTCC, TJ Wilham.
I asked Commander Montano what the purpose was for giving evidence to TJ Wilham at the RTCC and he
stated Chief Eden had ordered TJ to have his employees at the RTCC review all the Taser camera footage and
document what they observed in the video. These are the above mentioned documents Commander Montano
provided me along with the hard drive.
I asked Commander Montano if any personnel at the RTCC duplicated any of the videos off the hard drive
and kept them on their computers and he stated he did not know. I asked Commander Montano if there was any
chain of custody form. showing the transfer of evidence from the crime lab to the RTCC and he stated he did not
know. I asked Commander Montano which personnel viewed the video evidence and drafted the documents in
question and he stated he did not know.
It should be noted that none of the documents from the RTCC were labeled indicating who drafted the
particular document.
.. This form is for additional narrative information only. Any additional persons. property, change of status, etc .. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson /f\
245
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA""975)
I discussed with Commander Montano my concerns of possible mishandling of evidence in this case and the
lack of chain of custody to show who may now be in possession of this evidence and where this evidence may
have gone.
I advised Commander Montano that I would need to go to the RTCC and conduct recorded interviews with
all personnel to ascertain who watched what videos and drafted which documents. I advised him I would also
need to figure out if any evidence was still outstanding in an attempt to address the issue of the lack of chain of
custody for this evidence. I also explained to Commander Montano that any examination of evidence in this
case constitutes an investigation into this case which needs to be properly documented to maintain the integrity
of my investigation. Commander Montano stated he understood and would let TJ Wilham at the RTCC know.
I took custody of the above mentioned hard drive and signed the chain of custody form which will be
included with this supplemental report.
Approximately 1348 hours
I met with Commander Montano who provided me with a Department of Justice Federal Bureau of
Investigation Consent to Search Form. This form will be included with this case.
Approximately 1416 hours
I contacted FBI Agent Sergio Marcato via cell phone and requested an in person meeting with him. It should
be noted that Agent Marcato stated he is the FBI case agent for criminal civil rights investigation for this
incident. Agent Marcato and I agreed to meet at his office.
Approximately 1455 hours
I tagged the following items into evidence. These items are listed by the evidence bar code they were
assigned.
D0028021- CDIDVD (G. Stone interviews)
D0028022- CDIDVD (C. Romero interviews)
D0028023- CDIDVD (A. Ortiz interviews)
D0028024- CDIDVD (T. Babcock interviews)
D0028025- CDIDVD (M. Manary interviews)
D0028026- CDIDVD (J. Morales interviews)
D0028027- CDIDVD (J. Gonterman interviews)
* This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
REVIEWING OFFICER:
Detective Geoffery T Stone
5199
DATE 09/26/2014
DATE 09/26/2014
P111526
(REVISED 6/83)
Sergeant E. Thomson
10 NO.
2702
10NO.
246
ALBUQUERQUE POUCE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_975)
D0028028- My Passport hard drive SN# WXN1E53XH500 (collected from the RTCC)
D0028029- Computer generated documents (drafted by personnel from the RTCC)
D0028030 Hand drawn officer sketches (collected from officers on 03/16/2014)
A copy of the APD property and evidence report from this evidence tagging will be included with this case.
Approximately 1500 hours
I met with Commander Montano and Deputy Chief Garcia. I was advised by Deputy Chief Garcia that Chief
Gorden Eden was in possession ofan audio recording from one of the State Police officers who were out on
scene in the open space area. Deputy Chief Garcia stated the content of the recording was a conversation
between Detective K. Sandy and the State Police officer where Detective Sandy could allegedly be heard saying
he was going to shoot James Boyd in the "P" or the "peeker." Deputy Chief Garcia stated he had not heard the
recording himself but wanted to pass on the information.
I advised Deputy Chief Garcia that I was unaware of any recordings from the State Police. Deputy Chief
Garcia advised me the recording was from the State Police officers' police car Coban video system. Deputy
Chief Garcia further advised me that investigators from State Police obtained the Coban audio after the incident
and gave it directly to State Police Chief Pete Kassetas who then gave it to Chief Eden.
I advised Deputy Chief Garcia that I would need to obtain this audio evidence for my investigation. I
advised him that I would contact State Police to enquire about the audio.
Approximately 1530 hours
I contacted Agent H. Cage with State Police via cell phone and enquired about the Coban evidence. Agent
Cage advised me he was aware of the audio and had heard it himself. Agent Cage said the audio was from
Sergeant C. Ware's vehicle's Coban system but it was hard to hear. Agent Cage believed he could hear
Detective Sandy say he was going to" shoot the guy in the peeker." I asked Agent Cage if I could obtain a copy
of the evidence and any other evidence that had been obtained reference my investigation. Agent Cage stated
he would get all the evidence to me.
Approximately 1600 hours
...This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson -:
247
5199
10 NO.
2702
10NO.
DATE 09/2612014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _75)
I arrived at the FBI office located at 4200 Luecking Park Ave. NE where I met with Agents Sergio Marcato,
Charles Metzler and Brian O'Sullivan. During this meeting I was advised of the nature of the FBI's
investigation.
During the meeting I clarified with Agent Marcato that the FBI was not taking over my investigation into
this incident, rather the FBI would be conducting an independent criminal civil rights investigation into the
officer involved shooting. Agent Marcato stated the FBI was not in a position to direct my investigation and
how it is handled.
Approximately 1700 hours
I transferred the following evidence to Agent O'Sullivan. Agent O'Sullivan signed an APD chain of custody
form which will be included with this supplemental report.
Computer generated typed documents from the APD RTCC
APD Property and Evidence Report
Verbatim CD-R (C. Romero interviews)
Verbatim CD-R (T. Babcock interviews)
I signed an FBI consent to search form as well as an FBI receipt for property form for the above mentioned
items. A copy of both forms will be included with this supplemental report.
Tuesday, April 1, 2014
Approximately 0900 hours
Commander Montano approached me in my office and instructed me to stop my investigation into this
officer involved shooting and hand everything over to the FBI because they were taking over the investigation.
Commander Montano stated this order was corning from Chief Gorden Eden down through the chain of
command to him.
I discussed with Commander Montano what I had learned from Agent Marcato as far as how the FBI's
investigation would be separate from mine. I advised Commander Montano that I believed ordering me to stop
my investigation before it is complete would be improper and he agreed. I requested to have a meeting with
Deputy Chief Eric Garcia and Chief Gorden Eden to discuss the issue of maintaining the integrity of this
investigation .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
Detective Geoffery T Stone
Sergeant E. Thomson
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P11152S
(REVISED 6183)
REVIEWINGOFFICER:
248
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
Approximately 1030 hours
Commander Montano and I arrived at Chief Eden's office and met with him and Deputy Chief Garcia. I
advised them that stopping my investigation before it is complete would be improper. I advised them of my
meeting with Agent Marcato and the fact that the FBI would not be directing my investigation or taking it over
in any way. Chief Eden advised me that he understood but requested that I go back to the FBI office to discuss
my investigation further with Agent Marcato.
Approximately 1300 hours
I arrived at the FBI office along with Commander Montano and Deputy Chief Garcia and met with Agent
Marcato and his chain of command. During the meeting all issues were clarified as to my investigation being
separate from Agent Marcato's investigation.
Wednesday, April 2, 2014
Approximately 1026 hours
I arrived at the APD RTCC which is located at the main police station along with the following detectives.
Detective J. Morales
Detective J. Gonterman
Detectives contacted TJ Wilham and he provided me with the names of his personnel that reviewed the Taser
video evidence in this case. The following personnel were identified by TJ Wilham as the personnel involved.
Sergeant Felipe Garcia (APD Sergeant assigned to the RTCC)
Detective Nick Sanders (APD Detective assigned to the RTCC)
Kevin Fuller (RTCC civilian employee)
Crystal Quintana (RTCC civilian employee)
Sarah Masek (RTCC civilian employee)
I contacted Detective Sanders and advised him that he and Sergeant Garcia needed to complete a
supplemental report as to their involvement in reviewing any Taser video from this case. Detective Sanders
.. This form Is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
Sergeant E. Thomson ffi
IDNO.
REVIEWING OFFICER:
2702 DATE
09/26/2014
IDNO.
P111528
249
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
.Officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75)
140023683
stated he would complete the report and provide me a copy. Detective Sanders stated he would also advise
Sergeant Garcia of this information.
I contacted TJ Wilham and inquired about the side investigation he had directed his personnel to conduct in
reference to the officer video evidence. TJ stated the order to conduct this investigation came from the Mayor
and Chief's offices. TJ stated he would make his personnel available for interviews for my investigation.
Approximately 1028 hours
Detective Gonterman conducted a recorded interview with Crystal Quintana in which she relayed the
following information.
Crystal stated she was told to watch certain Taser camera footage from this incident and write down what
she observed and heard in the video. Crystal stated she watched video footage from two separate officers that
were involved in this incident. Crystal stated she drafted this document on her computer using Microsoft Word
and then turned the documents into her supervisor TJ Wilham. Crystal stated she did not put her name on any
of the documents but she looked through the copies of the documents I gave to Detective Gonterman and
identified which documents she drafted.
Crystal identified the following documents by the officer's name as the documents she drafted from
watching that particular Taser footage.
Officer John McDaniel
Crystal advised Detective Gonterman that the other document she drafted from the officer's video she
watched was not with the documents Detective Gonterman had. Crystal could not remember which officers
video she had watched. Crystal stated she watched these videos on 03/27/2014 at approximately 1900 hours.
Detective Gonterman asked Crystal if she only quoted facts that were in the video or did she put down
opinion in her documents. Crystal stated that most everything that is in there is in quotations however she did
put some small little commentary on the side. Crystal stated she based her training and experience to what she
was viewing in the video from her Criminology degree. Crystal did admit that she put some personal opinion
into the document. Detective Gonterman concluded her interview with Crystal, please refer to the recorded
interview for complete details.
It should be noted that one of the documents Crystal drafted from her examination for a portion of the video
evidence is missing. It is unclear where this document is located or who may be in possession of it. It is
unknown which officer video Crystal watched and what examination, if any, she conducted. No chain of
custody exists to show which videos Crystal watched or how she gained access to them.
* This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson p;f(
250
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_975)
Approximately 1032 hours
Detective J. Morales conducted a recorded interview with Kevin Fuller in which he relayed the following
information.
Kevin stated on 03/21/2014 he was ordered by his supervisor TJ Wilham to work with Detective Nick
Sanders to obtain the lapel camera footage from this case. Kevin stated he was given the videos and ordered to
place them on a computer "drop box" that could only be sharable with TJ Wilham for the purpose of sharing
them with anyone whom the Chief (Eden) identified. Kevin stated TJ was being given this order by the Chief
and in turn was having Kevin do this work. Kevin stated he obtained an external hard drive from Detective
Sanders which contained the videos. Kevin stated he copied all the videos onto a computer and placed them in
the "drop box." Kevin stated he also emailed the videos to TJ Wilham and APD PIO Officer Tasia Martinez to
do what they wanted with them. Kevin stated he then gave the hard drive back to Detective Sanders.
Kevin stated the following Thursday, 03/27/14, he was ordered by TJ Wilham to coordinate with the other
employees in the RTCC unit and split up the videos to review them. TJ advised Kevin to have all personnel
who would be reviewing the videos to document anything that would be important for the Chief to know about
before the videos were publically released.
Kevin identified the following documents and videos that he drafted and watched.
Officer Kenneth Ronzone
Officer John Hill
Officer Brock Knipprath
Kevin stated on Friday, 03/2812014, he was instructed by TJ Wilham to place the videos on another hard
drive. TJ explained to Kevin that he was in a meeting with the Chief (Gorden Eden) and the Mayor (Richard
Berry) and they were instructing TJ to have that hard drive given to the FBI.
Kevin stated he walked to APD property and signed for an external hard drive and loaded all the videos he
had been given on to that hard drive. Kevin was then instructed to drive to the FBI office and give an FBI point
of contact the hard drive. Kevin could not recall the FBI contact's name.
Kevin stated he was next contacted by Commander Anthony Montano via telephone and asked about the
video evidence in his possession. Kevin advised Commander Montano what he had been instructed to do by TJ
and where and what he had done with the video evidence in his possession. Kevin stated Commander Montano
.. This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
REVIEWING OFFICER:
5199
10 NO.
2702
10 NO.
P111528
(REVISED 6/83)
251
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
told him to stop everything he and other personnel in the RTCC were doing with the video evidence due to
concerns of chain of custody.
Kevin stated he later met with Commander Montano and provided him the documents that had been drafted
by the RTCC personnel who had viewed the video evidence as well as the original hard drive-he had received
from Detective Nick Sanders. Detective Morales concluded his interview with Kevin please refer to the
recorded interview for complete details.
It should be noted that as the case agent for this investigation I was not informed of the side investigation the
RTCC personnel were ordered to conduct. It is unknown how many duplicates were produced of the video
evidence while it was in the possession ofRTCC personnel. No chain of custody has been provided to me for
the duplicates that are said to have been produced by Kevin during his investigation.
Approximately 1102 hours
Detective Gonterman conducted a recorded interview with Sarah Masek in which she relayed the following
information.
Sarah stated she was instructed to watch the Taser camera footage from the following two officers.
Officer Justin Rogillio
Officer Mikal Monette
Sarah stated she typed out documents from what she saw and heard in the videos. Detective Gonterman
gave Sarah the copies of the documents I had given to her and asked Sarah to identify which documents she
drafted. Sarah identified the documents with Officers Rogillio and Monette's names on them. Sarah stated she
tried to quote what she heard the officers saying in the video the best that she could. Sarah admitted that her
translation of the video in the documents she drafted was not that consistent. Sarah stated that some things she
wrote were verbatim but others were not. Sarah stated she watched these videos either on 03/26 or 03/28/2014,
but she could not be sure. Detective Gonterman concluded her interview with Sarah please refer to the recorded
interview for complete details.
It should be noted that no chain of custody exists to show which videos Sarah watched or how she gained
access to them.
Approximately 1215 hours
Sergeant Thomson called and advised Radio had received a call from someone claiming to be James Boyd's
brother. Sergeant Thomson said she would call him back. See Sergeant Thomson's report for more information.
* This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be SUbmitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective GeofferyT Stone
REVIEWING OFFICER: Sergeant E. Thomson tJYf
252
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REYISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~1975)
Approximately 1229 hours
I conducted a debrief with Detectives Morales and Gonterman as to the interviews they conducted with the
RTCC personnel. After the debrief both detectives provided me with a copy of the recorded interviews they
conducted.
It should be noted that I did receive a supplemental report from Sergeant Felipe Garcia and Detective Nick
Sanders detailing their involvement in the investigation conducted at the RTCC. Please refer to their
supplemental reports for complete details.
Approximately 1323 hours
I tagged the following items into evidence. These items are listed by the evidence barcode they were
assigned.
D0028224- CDIDVD (I. Morales interview)
D0028225- CDIDVD (I. Gonterman Interview)
A copy of the APD property and evidence report for this evidence tagging will be included with this
supplemental report.
Copies of these interviews were set aside to be handed over to Agent O'Sullivan.
Approximately 1545 hours
I was contacted by an individual who identified herself as Barbara Iones via telephone. Barbara identified
herself as the mother of I ames Boyd. Barbara advised me that she resides at in
Milwaukie, OR. During my conversation with Barbara she advised me of the following information,
Barbara stated the last time she saw her son James was approximately 8 to 10 years ago. Barbara stated the
last time she spoke with James was when he was at the state psychiatric hospital in Las Vegas, NM, which was
about two years ago. Barbara stated James was never in the military and never worked for the government.
Barbara stated she believed James had a son named Michael that he fathered with an ex-girlfriend named Nina.
Barbara stated Nina used to live in Alamogordo, NM but believed she and Michael moved away to another
state. Barbara stated she was notified of James's death by her son Andrew Iones (James Boyd's brother).
Barbara did not say how Andrew came to know James was dead but indicated it may have through an attorney's
office in Albuquerque, NM.
* This fonn is for additional narrative information only. Any additional persons, property, change of status. etc.. must be submitted upon the ap-
propriate ACOPS supplement tonn to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
DATE
09/26/2014
11<
IDNO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
IDNO.
P111528
253
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
140023683
I provided Barbara with the contact information to the FBI and told her I was still conducting my
investigation into this incident. I concluded my conversation with Barbara. I attempted to record this
conversation on my digital recorder however I was unsuccessful due to the recorder not operating properly.
Approximately 1630 hours
I met with Agent O'Sullivan at my office and provided him with the following copies of evidence.
CD-R Compucessory (J. Morales interview with Kevin Fuller)
CD-R Compucessory (J. Gonterman interviews with Crystal Quintana and Sarah Masek)
APD property and evidence report
APD supplemental offense report from J. Gonterman
Agent O'Sullivan signed an APD chain of custody form which will be included in this supplemental report.
I signed an FBI receipt for property form and was provided a copy of that form from Agent O'Sullivan which
will be included with this supplemental report.
Approximately 1800 hours
I met with Agent H. Cage at my office where he provided me with the following documents and recordings.
Agent Jeremy Vaughan's full supplemental report
Agent Hal Cage's full supplemental report
HC-l- COBAN Video from Sergeant Chris Ware unit-517-13
HC-2- COBAN Video from Officer Mitch Bengston unit-708-13
HC-3- CD-R (Officer interviews)
HC-4 CD-R (Officer interviews)
HC-5- FBI Receipt for property form (this property receipt is for one DVD/CDR of Sergeant Chris
Ware's Coban video recording from 03/16/2014. This property receipt form was signed by State Police
Chief Pete N. Kassestas signing the DVD/CDR over to Agent B. Bourgeois, dated 03/27/2014).
HC-6- CD-R (Sergeant Chris Ware's Coban video recording)
MB-l- CD-R (Officer Mitch Bengston's recorded interaction with James Boyd from 03/1612014)
JV-CDl- (CD containing audio recordings by Agent J. Vaughan, photos taken by James Webster and
web comments posted by James Webster)
JV-Sl- (Diagram of scene hand-drawn by James Webster on 03/17/2014)
This form is for additional narrative information only. Any addItional persons, property, change of status, etc . must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
Sergeant E. Thomson 4'
10 NO.
REVIEWING OFFICER:
2702 DATE
09/26/2014
10 NO.
P111528
254
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_975)
I signed 5 New Mexico Department of Public Safety Receipts for Evidence for the above mentioned
evidence indicating that I took custody of all original evidence from Agent Cage. It should be noted that all
original evidence was delivered to me in sealed evidence envelopes. Agent Cage provided me with copies of all
original evidence for me to view and receipt over to the FBI. These receipt for evidence forms will be included
with this supplemental reportas well as both Agent Cage and Vaughan's full supplemental reports.
Thursday, April 3, 2014
Approximately 0800 hours
I reviewed Agent Cage's full supplemental report that detailed his investigation into both Sergeant Ware and
Officer Bengston's COBAN video recordings. Agent Cage's investigation includes his summarization of both
Sergeant Ware and Officer Bengston's COB AN video recordings. Please refer to Agent Cage's supplemental
report for complete details.
The majority of Agent Cage's investigation surrounds the audio conversation between Sergeant Ware and
Detective Sandy that was captured on Sergeant Ware's COBAN video system. This is the alleged conversation
I was advised of by Deputy Chief Garcia where Detective Sandy is reportedly recorded saying he is going to go
and shoot the guy in the "peeker."
In Agent Cage's report he documents that on Friday March 28,2014 he was contacted by State Police Chief
Pete Kassetas who advised Agent Cage that he delivered a copy of Sergeant Ware's COBAN video recording to
Special Agent in Charge Carol Lee with the FBI, Assistant Special Agent in Charge, Renae Dermott and
Supervisory Special Agent, Ben Bourgeois at approximately 1545 hours, March 27,2014.
It should be noted there is no explanation in Agent Cage's report as to why Chief Kassetas transferred
custody of only Sergeant Ware's COBAN video recording and not Officer Bengston's.
Agent Cage documented in his report the following interview of Sergeant Chris Ware that was conducted on
the following date and time
Tuesday, April 1, 2014, Approximately 1537 hours
This interview was specific as to the nature of Sergeant Ware's conversation with Detective K. Sandy
upon arrival to the scene on 0311612014 at 812 Piedra Vista NE.
This form Is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ff
255
5199
10NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISeD 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA'~975)
140023683
Sergeant Ware stated he could not remember or recall any conversation made on the evening of the
incident. Sergeant Ware did remember the first officer he came into contact with on scene was
Detective Keith Sandy of the Albuquerque Police Department. Sergeant Ware remembered Detective
Sandy was standing in the roadway near his police vehicle getting ready. Sergeant Ware again stated he
could not remember the context of their conversation.
Agent Cage played Sergeant Ware's COBAN video for him specifically at the time stamp 15:25
hours. After reviewing the video Sergeant Ware stated it was crystal clear that Detective Sandy stated,
"I'm going to shoot him with a Taser shotgun in a second."
Agent Cage concluded his interview with Sergeant Ware please refer to the recorded interview for
complete details.
Approximately 0900 hours
I reviewed Sergeant Ware's COBAN video recording from the beginning. The following is a summarization
of the video leading up to the conversation he has with Detective Sandy. It should be noted that the COBAN
video is a dash mounted video only, however, the audio microphone is attached to Sergeant Ware's uniform. It
should be noted that there is no video of Sergeant Ware's actions while on scene only the audio through his
microphone.
1742:52- The video starts as Sergeant Ware is still driving to the scene.
1756:49- Sergeant Ware arrives on scene and parks his police vehicle on Piedra Vista NE. It should be noted
that I can hear a lot of background noise in the audio recording to include what sounds like the
microphone rubbing against Sergeant Ware's uniform as he moves.
1757:48- Sergeant Ware contacts an officer whom appears to be Detective Keith Sandy. Both Sergeant
Ware and Detective Sandy began joking with each other. Sergeant Ware makes a comment stating
he does not recognize Detective Sandy without hair. Detective Sandy tells Sergeant Ware that state
police can't find where they are going unless there is a mile marker attached to it. Sergeant Ware
is heard laughing at Detective Sandy's joke.
1708:58- Detective Sandy can be heard asking Sergeant Ware why he is on scene. Sergeant Ware responds by
saying the guy (James Boyd) was asking for state police.
1758:14- Detective Sandy can be heard saying the following, "who asked, this fucking lunatic? I'm going to
* This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be SUbmitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
256
5199
IDNO.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
F'111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75) .
shoot him with this Taser shotgun in a second."
1758:19- Sergeant Ware asks Detective Sandy ifhe has less lethal. Detective Sandy tells Sergeant Ware
" I just said the Taser shotgun."
1758:32- Detective Sandy tells Sergeant Ware he does not know what is going on because no one has
briefed him but he is waiting for K9 to arrive. Detective Sandy directs Sergeant Ware as to
where the incident is taking place in the open space area.
1759:15- Sergeant Ware comes into view of the video walking towards 812 Piedra VistaNE away from
where Detective Sandy is standing. That ends Sergeant Ware's conversation with Detective
Sandy at that time.
Ilistened to the rest of Sergeant Ware's COBAN video recording and Idid not hear Detective Sandy at any
time state was going to shoot anyone in the "peeker." Due to the fact that there was a lot of background noise in
the recording I decided to contact Criminalistics Detective F. Pezzano to see ifhe could process the recording
and remove some of the background noise.
Approximately 1011 hours
Iarrived at the APD Crime lab and met with Detective Pezzano where Iprovided him with Sergeant Ware's
COBAN video. Isigned an APD chain of custody form which will be maintained by Detective Pezzano. A
copy of the chain of custody form will be included with this supplemental report.
Approximately 1133 hours
Detective Pezzano provided me with a CD-R containing the processed audio extracted from Sergeant Ware's
COBAN video system. Please refer to Detective Pezzano's Crirninalistics supplemental report for details on
how he processed the COBAN video. Isigned a chain of custody form for the CD-R and a copy will be
included with this supplemental report.
Ilistened to the processed video which appeared to have much of the background noise removed. As for the
statement Detective Sandy made to Sergeant Ware is was clear that he states, , ''who asked, this fucking lunatic?
I'm going to shoot him with this Taser shotgun in a second." Please refer to the processed recordings for
complete details.
Friday, April 4, 2014
.. This form is for additional narrative information only. Any addItional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ,If:
257
5199
10 NO.
2702
10 NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"~975)
Approximately 1215 hours
I met with Agent O'Sullivan and transferred the following copies of evidence and reports to his position.
Agent O'Sullivan signed an APD Chain of Custody form for the evidence as well as a 2014 felony case
assessment log sheet.
APD Chain of custody form
CD-R Compucessory (J. Gonterman interviews of Crystal Quintana and Sarah Masek)
CD-R Compucessory (J. Vaughn State PD interviews, photos, sketch)
CD-R Compucessory (C. Ware COBAN video processed by APD Criminalistics)
CD-R Verbatim (M. Bengston COBAN video)
CD-R Compucessory (M. Bengston belt tape recording)
CD-R Compucessory (H. Cage interview with Sergeant Ware)
2014 felony case assessment log sheet
Agent H. Cage's full supplemental report
Agent H. Cage's original report
Agent J. Vaughan's full supplemental report
Copies of State Police evidence receipts
Sergeant F. Garcia supplemental report
Detective N. Sander's supplemental report
I also signed an FBI receipt for property form for the above mentioned evidence and report which will be
attached with this supplemental report.
Monday, April 7, 2014
Approximately 1017 hours
I conducted a recorded interview with Detective Sandy concerning his conversation with Sergeant Ware.
The following is the transcription from that recorded interview.
DET. STONE: Okay. Today's date is Monday,
April 7th, 2014. It's approximately 1017 hours.
* This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file,
INVESTIGATING OFFICER: Detective GeofferyT Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
258
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
This is Detective Geoff Stone with the Albuquerque
Police Department. This is in reference to an
officer-involved shooting case, Case
Number 14-0023683. This incident occurred on
March 16th, 2014. I am here doing another
interview with Detective Keith Sandy. And present
in this room, I'm just going to go around the
table, is ...
AGT. GOMEZ: Agent Rafael Gomez, with the New
Mexico State Police.
UNIDENTIFIED MALE: (Inaudible).
MR. ROBLES: And Luis Robles, his attorney.
DET. STONE: All right. Keith, just so you
know, we are back in here, there's a couple things
that I just -- I've found out through the
investigation that I just want to clear up with
you. Again, this is a voluntary statement, you
don't have. to -- you don't have to provide me a
statement if you don't want. If at any time you
want to stop the interview, just go ahead and let
me know. Okay?
DET. KEITH SANDY: Yes, sir.
DET. STONE: Okay. So specifically what I
would like to talk about, going back to the day of
the incident, March 16th, 2014, right around the
time when probably -- before the shooting happens
and when you're arriving on scene, I believe you
had a conversation with one of the State Police, I
believe Sergeant Ware?
DET. KEITH SANDY: Yes, sir.
DET. STONE: I would just like to go over --
can you tell me what you recall from that
conversation with him?
DET. KEITH SANDY: I had -- I had just arrived.
I was in the process of trying to get my things in
order. I was putting on a -- a sweatshirt. It was
getting afternoon and I knew it was going to get
cold, so I put my sweatshirt on, kind of getting my
gear in order when Chris Ware arrived. And Chris
* This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199
IDNO.
2702
IDNO.
P111528
(REVISED 6183)
REVIEWING OFFICER:
259
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
Ware and I worked together for the better part of
12 years. I remember him walking up and saying, "I
didn't recognize you at first," and me replying
by -- say to saying he's getting fat, you know.
And then he came up to my door. I asked him
why he was there, and he said he wasn't sure, but
the guy that they were talking to on the side of
the mountain had requested State Police, and so he
was dispatched there per that request.
He asked me what I was doing there, and I
told him that they had called me out for a request
for a Taser shotgun because he was armed with the
knives. There was some other conversation about
little small talk in between there and him -- if I
remember correctly, it was him and I talking about
where it was going, where that situation was going.
And as I was talking to him, I was at my
back driver's-side door. I have a four-door
pickup. I had the back driver's-side door open.
During that time that I was kind of doing like a
function check, I guess, on my Taser shotgun. I
was -- put one in the chamber. I checked to see
how many other rounds were in the gun. I was
getting it ready. And jokingly, just kind of
locker room banter, just told him, you know, "Don't
worry. I'll shoot him in the peeker with this and
call it good."
He giggled about it. I walked around the
passenger side back door, and he told me, "I
thought you guys got rid of those things."
I said, "No. Tactical got rid of them. We
still use them," meaning SID detectives, Special
Investigations detectives still utilize them.
It was at that point that it was kind of the
end of our conversation that he just walked off and
went through the backyard and up the hill. I
didn't -- I hadn't even touched my rifle or -- it
was all -- I had my shotgun Taser in my hand during
that whole time. And I think that's -- that's the
This form Is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson or(
260
5199
IDND.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6f83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
gist of our conversation, is just -- it was the
talk of that Taser shotgun and why he was there and
why I was there.
DET. STONE: Okay. So you said that you've
known Sergeant Chris Ware for how many years?
DET. KEITH SANDY: The better part of 12.
DET. STONE: Twelve years. And is this when
you were employed with State Police?
DET. KEITH SANDY: Yes. And I know him on a
personal level also. We both coached baseball
together. He coached a separate team and we played
in a (inaudible) travel league. And we -- we're in
the -- his son and my son are the same age, they
play in the same age bracket together, so I would
see him every -- every weekend and probably every
other weekend, so we would play against one
another, and that same banter would go on on the
baseball field.
DET. STONE: Okay. All right. So in regard to
the joking statement, you said that you were -- you
told him that you were going to shoot him in the
peeker with the Taser shotgun?
DET. KEITH SANDY: Yes.
DET. STONE: Okay.
DET. KEITH SANDY: And that wasn't my intent.
I had no intent of going up the hill and doing
that. You know, I'm -- I've been trained on the
Taser shotgun. I know that's not a target area.
And it was said just -- just jokingly, with -- with
Chris.
DET. STONE: Okay. Did you guys talk about
anything else after that, I mean, that you can
recall? Or was he around your position after that?
DET. KEITH SANDY: I made a joke to him on the
hill. We were -- the only other conversation we
had was on the side of the hill. After we got up
there, they called Chris Ware back up to where we
were at, because he had initially walked away. And
as soon as he got up there, the man on the hill
.. This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective GeofferyT Stone
REVIEWING OFFICER: Sergeant E. Thomson (Iif{
261
5199
IDNO.
2702
10NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
became irate, started screaming at Chris. His
demeanor completely changed once Chris got up
there.
We were all kind of sitting there, trying to
figure out what was next, and Weimerskirch asked
all of us, "Does anybody want to give it a shot at
talking to him?"
And Chris, at one point, said, "No. I don't
think I'm getting anywhere with him."
And, again, jokingly, I told him, "Must be
your personality."
Chris Ware is a real dry, to-the-point
person, and he -- if you don't know how to take him
or you don't know him, he will instantly hurt your
feelings and upset you. And so I joked with him
and said, "Must be your personality."
And he kind of looked at me, and I could see
him out of the corner of my eye. And then they all
agreed that -- everybody agreed that he would __
that he was only upsetting the male. So he walked
down to the bike path, or to the running path that
was below us, probably 100, 150 yards behind us.
DET. STONE: Okay. All right. Do you know if
you were joking around at all with anybody else, or
just Sergeant Ware, (inaudible)?
DET. KEITH SANDY: He's the only one I had a
conversation with during that time. I had a I
had a conversation with McFarland when we got
there.
DET. STONE: Vh-huh.
DET. KEITH SANDY: I didn't have a baseball
cap. I asked -- I borrowed a baseball cap from
him. We were talking about getting his stuff
together. I was t aLki nq about -- I asked him -- we
kind of went back and forth, because I was wearing
soft armor, and he put on his heavies, his plates,
and I asked him about that.
I said, "You're wearing plates up there?" we
talked about that. And then that's when I went and
This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be SUbmitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson N(
262
5199
10NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_975)
put my plates on, right after that. And that
was -- then, after that, we stepped off.
(Inaudible) no other -- I didn't -- well, Ken
Ronzone showed up and he talked about his dog.
The dog was going crazy, and Ken goes -- Ken
said something about, you know, the dog is supposed
to get up the hill and get to work, and he's all,
"Come on, Dad." He was kind of talking for the
dog, saying, "Come on, Dad. Let go get him," stuff
like that.
But that -- that's what I recall.
DET. STONE: Okay. All right. So all this
conversation then you had with Sergeant Ware
specific to the Taser shotgun, that was prior
you -- prior to you even going up to the hill and
involving yourself in what was going on?
DET. KEITH SANDY: Exactly. I -- actually,
when we were talking, I didn't even know what the
guy looked like or where he was located, because,
now that I think about it, Chris asked me where he
was at. And I said, "I don't" -- I said, "I don't
even know. II
And so it was at that point that I went into
my -- I climbed into the front seat of my pickup, I
got a set of binoculars out, and I climbed about
because I remember there -- now I remember why I
was standing in the bed of my truck, because I
remember standing in the bed of the truck and I
couldn't recall why. But now I remember. I stood
in the bed of the truck with my binoculars and
began to blast the hill from the top down. And I
initially saw a guy in a white T-shirt standing at
the very top, and I said, "There he is. He's in
the white shirt."
Chris goes, "NO." He says, "There's a bunch
of onlookers out there, and I don't think that's
him. II
So as I watched him, another person walked
up there, so I ruled that guy out. And so I
* This fonn is for additional narrative Information only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson (V'f
263
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P1115.28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
started coming down the hill, and as I started
coming down the hill, I saw the offender standing
about midway down. I pointed him out to Chris, I
described him to Chris, what I saw through my
binoculars, I said -- and I remember telling him,
"His hands are free." I said, "He's up there just
talking. u
And as I climbed out of my truck and went to
the passenger side, that's when Chris walked off
and started up to the scene.
DET. STONE: Okay.
DET. KEITH SANDY: So prior -- I mean, during
that conversation, I didn't even know where the guy
was, what he looked like, what -- what was going
on. I couldn't see because we were on a
residential street, and when we were standing at
ground level, the house that we walked through to
access the Open Space --
DET. STONE: Yeah.
DET. KEITH SANDY: -- blocked the view of where
he was at and where the other officers were.
DET. STONE: Okay.
DET. KEITH SANDY: I literally had just pulled
up and stepped out of my truck and I had no idea
what was going on other than the dispatcher said
that they had called for a shotgun Taser because
the guy had charged the officers with two knives.
So that's all the information I had. And it wasn't
until Chris and I were talking and I timed out and
blast the area, so that we kind of had an idea of
where he was and what was going on, that I knew
what was going on. And when I saw him, like I
said, there was cops everywhere and his hands were
free, he had his hand out in front of him. He was
very animated in his gestures with his hands, he
talked with his hands, but I could see through the
binoculars. I couldn't hear him. We were too far
away. I couldn't hear anything that was going on.
And I just told Chris, "His hand are free,"
This form Is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson M
264
5199
IDNO.
2702
10NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
and I told him he was wearing a gray shirt and
black pants and, "He's up on the hill there, on
top," and that was it.
DET. STONE: All right. And prior to I guess
when. this conversation was going down, had you been
briefed by any of the on-scene officers or the
sergeant by that time?
DET. KEITH SANDY: No.
DET. STONE: That happened later?
DET. KEITH SANDY: And I was -- I never
received a brief from the on-scene supervisors or
anybody that was there. I immediately stepped to.
I did grab my rifle. And when I stepped into the
backyard -- because there was two K-9 guys and one
SWAT guy. Knowing that, that there would have to
be a lethal cover for each K-9 guy, Rick Ingram
wasn't out -- wasn't on scene yet, and those guys
were wanting to step off right then. So I -- I
slung my rifle and I grabbed my Taser shotgun and I
slung it as well, and I walked through the gate,
kind of holding both of them, and once we got
through the gate and Weimerskirch called Jason
Carpenter down, received a brief from him, and then
briefed us that -- it was a short brief, basically,
that there was felony charges on him, that he was
wanted -- or he was wanted in reference to the
aggravated assault on a police officer, and that
was it. That was the only brief I got.
I hadn't -- like I said, I hadn't talked to
anybody as of yet, and I don't think anybody knew
that we were on scene at that point.
DET. STONE: Okay. I don't have any more
questions reference that. Is there anything else
that you think is important that I haven't asked
that you want to add?
DET. KEITH SANDY: No.
DET. STONE: Okay.
(Inaudible), anything?
AGT. GOMEZ: No .
.. This form is for additional narrative information only. Any addttlonal persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement tom to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson Nt!
265
5199
10 NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~975)
DET. STONE: Okay. Let's go ahead and end the
interview at 1031 hours.
(Conclusion of recording.)
DET. STONE: Okay. We're back on the record.
It's still Monday, April 7th, 2014. It is now
10:36 hours. We're still here speaking with
Detective Keith Sandy.
Keith, after I turned off the tape during
our first interview, I asked you again if there was
anything else you wanted to add. We had a brief
conversation. So what I would like to do is I
would just like to go over that conversation. Just
kind of tell me everything that you just told me a
second ago.
DET. KEITH SANDY: I -- when this all came
to -- I guess the video from State Police was
released and watched by State Police and brought to
you, it was -- I received a phone call and asked if
I talked to Chris or anybody -- the first question
that was posed to me was have I talked to anybody
or did I say anything to anybody about shooting the
offender in the -- in the peeker.
My immediate response was, "No, I didn't."
Then the second question posed was, "Did you
say anything to Chris Ware about shooting him in
the peeker?"
And I said, "l don v t v -- I said, "No, I
don't think I did. I don't recall even saying
anything along those lines. I remember talking
about the Taser shotgun." I went through the whole
thing, and I've been -- but I've heard it from
other people saying that I did say that, that that
is on the tape. And if it is on the tape, then I
said it. And I didn't -- but I don't recall saying
that, and peeker is not a word that I use. It's
not a common term that I've ever used, ever.
It's -- and I just don't see why I -- that day I
would have used that term, and I can't -- I can't
recall. I've tried in my head a hundred times.
* This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ;;(
266
5199
10NO.
2702
10NO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
. James Boyd AKA "BA"_1975)
And I can go through that situation (inaudible)
just talking to you now, going over it,
remembering.
Because I remember I thought that -- when I
was driving over here, I thought that my
conversation with Chris was in the bed of my truck,
because I remember standing in the bed of my truck.
And then now, as I begin to tell the story and go
through it, I remember standing at the door and
then climbing into the bed of the truck to use my
binoculars to blast the guy. But I can't recall in
my mind 100 percent that I said that. And like I
said, peeker is not a word that I use, you know,
but I've heard it from other people, telling me
that I did say it. And I figured them having
knowledge or having heard or being told directly by
someone who did hear it on the tape, that was the
information I was getting, although that's why I
had said that I said it, because I figured it was
said. And I don't recall saying, nor do I ever
recall using the word peeker. Not only in this
situation, but ever.
DET. STONE: Okay. So you don't have your own
independent recollection of that conversation?
DET. KEITH SANDY: Yeah.
DET. STONE: You're kind of basing it off __
are these other people in law enforcement that were
calling you?
DET. KEITH SANDY: Yes.
DET. STONE: Okay. And did they make it appear
as though they had already heard this audio and
that's what they heard, or is that what they were
told they heard?
DET. KEITH SANDY: That they were -- they had
received information that that's what was heard on
the video. It was never a -- I never got the
information saying, "Hey, it's on there. I heard
it. You said it." It was, you know, "This is
what" -- "what was said," that, "it was told to us
.. This form Is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson If{'
267
5199
10 NO.
2702
lONG.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"-,975)
that is what you said on the video."
And, you know what, I've been racking my
brain since the day I found out, and I don't recall
saying it. But at the same time, I'm not denying
that I said it.
DET. STONE: Okay. When did you find out, or
when did you first get notification by someone that
there was a video out there?
DET. KEITH SANDY: It was -- it was -- that
would be last -- last weekend.
DET. STONE: Last weekend. So almost
DET. KEITH SANDY: It was about --
DET. STONE: Over a week ago?
DET. KEITH SANDY: It was over a week ago, was
my first -- first notification of it. It was on
I'm going to say it was probably a -- somewhere
like a Sunday morning, the best I recall. It was
kind of early. Because I remember I was still -- I
had just gotten a cup of coffee and I was just kind
of starting to wake up, and I remember sitting on
the edge of my bed and having that conversation.
And -- and I remember them specifically
asking me what I recalled about the conversation,
and I recalled the Taser shotgun, talking about the
Taser shotgun. And I remember joking with Chris
Ware. And I think if it had been anybody else that
was there, I can tell you that I didn't say that,
but because it's Chris Ware and because of the way
we joke and the way -- you know, I didn't rule out
the possibility that I did say it.
DET. STONE: Okay.
DET. KEITH SANDY: So I'm not changing my
story. I'm not trying to conceal anything. I'm
just saying I don't recall it. If it's on the
tape, then I said it. But I don't recall from my
own recollection in my mind saying that.
DET. STONE: Okay. And has anyone else
contacted you reference this video and audio that
told you that they heard something different than
.. This form Is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
268
5199
IDNO,
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BAn _1975)
peeker?
DET. KEITH SANDY: No, I'm not -- that's all
been -- I've heard that from -- that's all I've
heard since that -- that weekend. That's all I've
heard. I've never -- nobody has ever said, "That's
not what's on there. That's not what you can hear.
That's not" -- anything like that. I've never had
anything to, you know -- that -- other than, "Yeah,
that's what you said." And so I -- when I came in
here today, it was just to fallon my sword because
that's what I've been told, but I don't recall. I
don't remember saying it.
DET. STONE: Okay. Going back to the day of
the incident, from the start when you first got
there, to the end when everything -- when the
shooting happened, did you ever have an intent to
go up there and shoot Boyd in the genital area?
DET. KEITH SANDY: No. Absolutely not.
Absolutely not. I know it's not a target area.
You know, I've been through the Taser training. I
know I joke around, but when it comes time to __
for boots to hit the ground, you know, I'm very
proud of being a part of the Repeat Offender
Project. And it's something that I've wanted
for -- even when I was with State Police, I
remember meeting guys from the ROP unit in 2004 and
helping them out in Los Lunas, and from the day I
helped them out, that's all I wanted.
When I came to APD, you know, that was __
they asked me what I wanted, I wanted to go the
ROP. I went to vice.
They asked me, "Why are you here?"
I said, "To go to ROP."
There's a tremendous amount of pride in me
being in the ROP unit, and I would never do
anything to shine a bad light or disgrace that unit
or Sergeant Heckroth. Those guys, Lou Heckroth,
Zack Stephenson, those guys that have been in ROP
and -- all the guys that were there long before me,
Or This form is for additional narrative lnformatlon only. Any additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
269
5199
10 NO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111526
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
(inaudible) and just -- those guys are always __
I've looked up to them and idolized them. I would
never do anything because I realize (inaudible).
But I would never go up with the intent to shoot
him in the genital area.
I did tell Rick Ingram to shoot him in the
legs with the Taser shotgun after he put the hoodie
on only because I knew he had -- I could see before
he put the hoodie on, he had three shirts on.
DET. STONE: Okay.
DET. KEITH SANDY: He had two T-shirts and a
button-down shop shirt, and then he put the hoodie
on. And I remember telling him, "Shoot him in the
legs. He's got too many layers up top. It's not
going to" -- "it's not going to be effective."
DET. STONE: Okay.
DET. KEITH SANDY: But even having been in that
situation, where I know that it's not going to be
effective, I would never -- I didn't even direct
Rick to shoot him in the genital areas with the
Taser shotgun. I wanted to shoot him in the legs
and the -- and the large muscle groups of the
thighs. That was never my intention.
DET. STONE: Okay. All right. Being in the
ROP team, just from what I know about the ROP team,
you guys tend to go after some of the more violent
offenders within the city?
DET. KEITH SANDY: Yes, sir.
DET. STONE: Okay. Have you found yourself in
situations before where, say, these -- the violent
guys you go after aren't necessarily wanting to
give up right away?
DET. KEITH SANDY: No, absolutely not. You
know, and I've been the ROP for a year and a half.
In that year and a half, we've had some pretty
violent encounters, one of which was last March I
drove past an individual to make an ID on him to
see if it was the guy we were looking for. After I
ID'd him, his passenger leaned out of the truck and
* This form is for additional narrative Informatlon only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09126/2014
AI
10NO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09126/2014
IDNO.
P111528
270
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
began shooting at me and Ken Ronzone. Shot
numerous times at us and then went into a pursuit,
shooting at other officers, one of which was
Weimerskirch, shot the radiator out of
Weimerskirch's truck.
We've numerous times done blocking maneuvers
on individuals, twice of which -- once the guy
started ramming our trucks, trying to get out.
Another one, he was -- he drug two Rap detectives
through the Walgreens parking lot, and they were
trying to get him into custody, with his vehicle.
So yes, we've gone after numerous violate, very
motivated and aggressive criminals.
DET. STONE: All right. So when the team is
together, even when you're working like, say, with
the K-9 guys or the SWAT guys, when you guys have
like some down time, is it typical to joke around
to like, I don't know, relieve stress or anything
like that?
DET. KEITH SANDY: Oh, it's -- it's funny,
because that's -- that all we do, is -- outside
of -- when we're not working, when we're not on a
(inaudible), it's constant banter, constant joking,
to the point where we even have a -- we call it a
safe word, where if it gets to be much, somebody
our safe word is China. So if you say China,
everybody stops making fun of you. Because if it
gets to the point where the banter gets to where
if you have thin skin, it's going to hurt your
feelings, so we actually had to come up with a safe
word in Rap because of that.
And so that's -- it's because -- and
especially after an incident like that, when it's
allover with, we do joke or we do make fun of one
another, talk garbage to one another, talk -- just
that's what we do.
DET. STONE: How does it make you feel when you
guys joke around, given that high-stress job and
everything?
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
t11"
10NO.
REVIEWING OFFICER;
Sergeant E. Thomson
2702 DATE
09/26/2014
IDNO.
P111528
271
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" -'1975)
DET. KEITH SANDY: It takes your mind off a
lot. It -- it's calming. Before we -- before
incidents, too, we joke like that about things. We
even do it on ROP air since it's not a monitored
air (inaudible) the air, once in a while, will come
over the radio. And it's -- it's kind of calming.
It kind of breaks your -- your tunnel vision, if
you will. Not that you're going have tunnel vision
in that -- that -- during that time, but it kind of
breaks the thought and a better focus to where
you're able to come down to a level where you're
able to see the whole picture instead of just on
one level where you're focused in on something and
you're going to miss something and make a mistake.
Because there's not room for mistakes in ROP,
especially in blocks and things like that. If --
DET. STONE: And why is that?
DET. KEITH SANDY: Because if you make a
mistake in a block, somebody is going to get hurt,
the offender is going to get out of it and -- where
way we do our blocks, we do it in the middle of the
city, and somebody is going to get hurt, a civilian
is going to get hurt. And that's unacceptable in
ROP. It's, I mean, unacceptable. When I first
came to ROP I made a mistake in a block and the guy
got out and he was -- it was huge, it was a big
deal. And I took a lot of beating up over it from
most of the guys on the team. And so I -- I kind
of thought I'd never do it again. And that's
just -- we just don't, you know.
When I came to ROP, it was -- the first
thing was, "Welcome to ROP. Mistakes now cease to
exist." That's the rule the very first day, that's
the very first thing that was told to me. And
that's something that's been told to ROP guys
for -- since the beginning.
DET. STONE: Uh-huh.
DET. KEITH SANDY: So, yeah, the joking -- the
joking and the banter takes away from the stress .
...This form is for additional narrative Infonnation only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson 10K"
272
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA''''975)
DET. STONE: Okay. All right. Makes sense.
Anything else that you think is important that I
need to know about?
DET. KEITH SANDY: No.
DET. STONE: Okay.
Any other questions?
AGT. GOMEZ: No.
DET. STONE: All right. Let's go ahead and end
it at 1051 hours.
(Conclusion of recording.)
It should be noted that this transcription was completed by the company "Quickskribe." A copy of
the full transcription report will be included with this case as well as tagged into evidence. Please refer to the
transcription report for complete details.
Approximately 1244 hours
I sent the following officer interviews to the company Quickscribe for transcription.
Detective Keith Sandy's interviews
Detective Rick Ingram's interview
Officer Dominique Perez's interview
Officer Scott Weimerskirch interview
Approximately 1510 hours
I met with Agent O'Sullivan and transferred the following copied evidence to him. Agent O'Sullivan signed
an APD chain of custody form which will be included in this supplemental report.
CD-R Compucessory (G. Stone interview with Detective K. Sandy)
Isigned the FBI receipt for property form which will be included with this supplemental report.
Approximately 1521 hours
I tagged the following items into evidence which is indicated by the APD barcode in which they were
assigned.
* This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson f1'('
273
5199
IDND.
2702
IDND.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _1975)
D0028656- (CD/DVD M. Bengston belt tape recording)
D00286580 (CD/DVD J. Vaughan interviews)
D0028659 (CDIDVD H. Cage interview with C. Ware)
D0028660- (CDIDVD H. Cage interview recordings)
D0028662- (Documents, sketch drawn by James Webster)
Friday, Julie 13,2014
Approximately 1200 hours
1received the transcribed interviews from the following officer interviews.
Officer Scott Weimerskirch
Officer Keith Sandy
Officer Rick Ingram
Officer Dominique Perez
A copy of these transcripts will be included with this case as well as tagged into evidence.
Tuesday, June 24, 2014
Approximately 0827 hours
I sent a request to have SWAT Officer Ramon Ornelas's recorded interview to be transcribed.
Friday, June 27, 2014
Approximately 1023 hours
I received SWAT Officer Ramon Ornelas's transcribed interview. A copy of the transcription will be
included with this case as well as tagged into evidence .
.. This form is for additional narrative Information only. Any additional persons, property, change of status. etc . must be SUbmitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson q,(
274
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" ~75)
Approximately 1906 hours
I sent a request to have SWAT Sergeant James Fox's recorded interview to be transcribed.
Tuesday, July 1, 2014
Approximately 1125 hours
I hand receipted the following item to Officer Scott Weimerskirch.
DVD/CDR (containing a copy of Officer Weimerskirch's Taser camera footage from this incident.
Officer Weimerskirch signed an APD chain of custody form which will be included with this case.
Thursday, July 3, 2014
Approximately 0837 hours
I received SWAT Sergeant James Fox's transcribed interview. A copy of this interview will be included
with this case as well as tagged into evidence.
Monday, July 7, 2014
Approximately 1410 hours
I received a copy of OMI report of findings and autopsy report for James Boyd. This report will be included
with this case.
Approximately 1428 hours
I tagged the following interview items into evidence. These items are listed by the evidence barcode number
assigned to them.
D0045430 (recorded interview with Keith Sandy taken on 04/07/2014)
...This form is for addItional narrative Information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone.
REVIEWING OFFICER: Sergeant E. Thomson 4!(
275
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 140023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" _975)
D0045431 (DVD/CDR containing transcribed interviews of the following officers)
7. Officer Scott Weimerskirch
8. Detective Keith Sandy
9. Sergeant Jim Fox
10. Detective Rick Ingram
11. Officer Dominique Perez
12. Officer Ramon Ornelas
A copy of the property and evidence report will be included with this case.
Approximately 1504 honrs
I tagged the following item into evidence. The item is listed by the evidence barcode number it was
assigned.
D0045438 (Sketch drawn by John Pilgrim)
Approximately 1737 hours
I was contacted by Agent Charles Metzler with the FBI. Agent Metzler asked if I had access to Detective
Keith Sandy's administrative records because the FBI appeared to be missing portions of the file. I explained to
Agent Metzler that I did not have access to those files but if he contacted my chain of command he would most
likely be able to obtain them.
Wednesday, July 9, 2014
Approximately 0925 hours
I received a text message from FBI Agent Charles Metzler who enquired about any existing video footage of
this incident that had been recorded by Detective Keith Sandy. I advised Agent Metzler that no video footage
had been recorded by Detective Sandy.
Friday, July 11, 2014
Approximately 1346 hours
* This form is for additional narrative information only. Any additional persons, property, change of status, etc. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
IDNO.
REVIEWING OFFICER:
Sergeant E. Thomson
2702 DATE
09/26/2014
IDNO.
P,11528
276
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA"_1975)
I tagged the following item into evidence. This item is listed by the evidence barcode number it was assigned.
D0046354- (APD CADS, 911IDispatch recordings)
Tuesday, July 15, 2014
Approximately 0934 hours
I received a text message from FBI Agent Metzler again inquiring about potential video from Detective
Keith Sandy. I advised Agent Metzler that Detective Sandy's Scorpion camera did not have any video recorded
on the device of the incident. I also advised Agent Metzler that once the FBI received a copy of this report
those questions could be addressed.
Wednesday, July 16,2014
Approximately 0802 hours
I received a text message from FBI Agent Metzler advising me that the FBI was in possession of a 2 minute
video that had been recorded by Detective Keith Sandy. Agent Metzler again asked if I had this video.
I attempted to call Detective Metzler to clarify what video if any he was referring to however he did not
answer my call.
Approximately 0809 hours
I attempted to call FBI Agent Sergio Marcato to enquire about the video Agent Metzler was referring to
however he did not answer.
Approximately 0810 hours
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson
277
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
ALBUQUERQuE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
CASE NO.
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA" (~75)
I called FBI Supervisory Special Agent Ben Bourgeois and asked for clarification on the video that Agent
Metzler was referring to. Agent Bourgeois stated he was unaware of the video in question but stated he would
look into the matter and call me back.
Approximately 0812 hours
I sent a text message to Agent Metzler and asked if the video he was referring to was one of the four
unrelated videos recovered from Detective Sandy's SD card.
Agent Metzler replied via text message and stated the video in his possession was from this incident. Agent
Metzler stated he would call me at a later time.
I called Criminalistics Detective Nate Render and advised him of the information I received from Agent
Metzler. Detective Render confirmed that no video from Detective Sandy exists from this incident.
I called Criminalistics Detective Frank Pezzano and confirmed that through the course of his investigation he
was only able to locate and recover the previously mentioned four video files from previous police situations
and dates from Detective Sandy's SD card.
Approximately 1010 hours
I was contacted by FBI Agent Sergio Marcato reference my inquiry into the video evidence Agent Metzler
stated the FBI obtained. Agent Marcato clarified with me that there is no video from Detective Sandy rather he
and Agent Metzler were referring to the audio recording that Detective Sandy recorded on his digital recorder. I
advised Agent Marcato that I was aware of the audio recording from Detective Sandy.
CONCLUSION
The following person still needs to be located and interviewed reference this case:
Joann Reed
_959
Joann Reed is a transient and does not have any permanent documented address. Once Joann is located
and interviewed a supplemental report will be added to this case .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Geoffery T Stone
5199 DATE
09/26/2014
IDNO.
REVIEWING OFFICER:
Sergeant E. Thomson
"iJ't'
2702 DATE
09/26/2014
IDNO.
P111528
278
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE
OFFENSE REPORT*
Officer Involved Shooting
140023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE (Open Space Area)
James Boyd AKA "BA".11975)
This case should be considered cleared exceptionally and will be forwarded to the Bernalillo County
District Attorney's Office for review for the following:
Aggravated Assault on a police officer (Suspect: James Boyd)
Officer Involved Shooting
Principal Personnel
1. Detective Keith Sandy
2. Detective Dominique Perez
This case will also be forwarded to the Federal Bureau of Investigation (FBI) for review .
This tonn is for additional narrative infonnatlon only. Arty additional persons, property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Geoffery T Stone
REVIEWING OFFICER: Sergeant E. Thomson ~
279
5199
IDNO.
2702
IDNO.
DATE 09/26/2014
DATE 09/26/2014
P111528
(REVISED 6/83)
11 4 - 2 3 6 8 3
OFFENCE INCIDENT REPORTS
OCCURRENCE DATE(S)
DATE
STATE OF NEW MEXICO
ORINO. CASE NO.
PAGEl OF
BETWEEN
REPORTED
UNIFORM INCIDENT REPORT
NM 0010100
140023683
1 1
ON OR
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MMlDDIYVYY MMlDDIYYYY MM/DDNVYY
AGENCY/COUNTY _I DISTRICT N0'1 INCIDENT NO.
~ NO.OF
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03-16-2014 03-16-2014 03-16-2014
ALBUQUERQUE POLICE DEPARTMENT 524 140750895
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P1C
P3275
03-16-2014
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~14-23683
STATE OF NEW MEXICO
IORIG. OFFENSE DATE SUP. DATE
ICASE NO.
I INC.NO.
PAGE OF
SUPPLEMENTAL REPORT
03-16-2014
03-23-2014
140023683
140820681
1 2
ORIGINAL OFFENSE REPORTED
ORIGINAL VICTIM'S NAME (LAST, FIRST, MICDlE)
DATE OF BIRTH
INCIDENT Incident
BOYD
JAMES
LOCATION OF OCCURRENCE
812 PIEDRA VISTA RD NE
ALBUQUERQUE
87123
STATUTE OR FEe ATTEM COMP UCR CRIMINA LOCA WEAPON
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P1C
P5407 03-23-2014
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CODE .... JIOSEWfIOIj DElUlED ~..IWIlOCUSTODY DELGRECO, RAYMOND
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04-06-2014
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14-23683
STATE OF NEW MEXICO /I
OR1G
. OFFENSE DATE 'ISUPP, DATE
I CASE NO.
IINC,NO.
PAGE I OF
SUPPLEMENTAL REPORT 03-16-2014 03-23-2014
140023683
140820681
2 2
ORIGINAL OFFENSE REPORTED
I
ORIGINAL VICTIM'S NAME (LAST, FIRST, MIDDLE)
I DATE OF BIRTH
INCIDENT
BOYD
JAMES
LOCATION OF OCCURRENCE
812PIEDRAVISTARDNE
ALBUQUERQUE
87123
1
On March 23rd, 2014, I observed a photograph of an unknown individual hanging in the briefing room at the
2
Foothills Substation. A note next to the photographed asked if anyone knew the individual in the picture and if so,
3
to contact Detective Stone.
4
5
The person in the photograph looks similar to a transient female SUbject, identified via driver's license as Joann
6
Reed, that resides in the Foothills Area Command. Reed frequents the Northwest corner of the property located
7
at SE (Pump-n-Save). Though I have never seen Reed wearing that clothes that the SUbject
8
in the picture is wearing, the facial features look similar to Reed. Reed does frequently wear a dark colored
9
hooded sweatshirt similar to the one the individual in the picture is wearing.
10
11
I contacted Reed and obtained her identification information via driver's license. I advised Reed that she might
12
possibly be contacted by a Detective in reference to an investigation.
F REPORTING OFFICER (PRINT)
RANK
!.D. NO. DATE
DETECTIVE I FOLLOWUP OFFICER I REFERRED TO 11.0. NO.
DATE
f/)
SOUERS,CANDACE
P1C
P5407
03-23-2014
::>
ASSISTING OFFiCER (PRINn
RANK LD. NO.
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PROCESSED BY
I DATE I DATA ENTRY PERSON DATE
f-
~
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RANK
La. NO. DATE
EXCE~TI A-DuTHOF,,"_ lWICTaIJlUTCCOOI'
DATE
ACTlV INACT CLOst l1F CLA CLE COPE a-NCltellTlO!l DlCUI<D ~ roo CUI1'<IIlY
DELGRECO,RAYMOND
P3471
04-06-2014
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VIOLENT CRIMES SUPPLEMENTAL
REPORTS
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE: OW-ICa:. /NVtJL.Veo StlMTlIlltr- Case No. 14-023683
OFFENSE REPORT OFFENSE LOCATION: 812 Piedra Vista NE
PERSON(S) INFORMATION
REF: Pilgrim, John (Interviewed - Recorded Statement Obtained)
AKA: N/A
ADD: NE
Albuquerque, New MeXIco
DOB:~1
SSN:~
PHO: HM: __ 236
REF: Fuller, Kevin (Interviewed - Recorded Statement Obtained)
AKA: N/A
ADD:_NW
Albuquerque, New Mexico
DOB:_69
SSN:~
PHO: WK: ~824
INVESTIGATION
March 17
t
h, 2014 at approximately 0911 hours
I attended a briefmg regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The briefmg was conducted at the Foothills Substation located at 12800 Lomas NE
Albuquerque, New Mexico. Once the briefing was concluded, I was asked to assist with several
interviews of persons involved in the incident and other tasks related to the incident.
March 17
th
, 2014 at approximately 1146 hours
I attended a debriefing regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The debriefing was conducted at the Family Advocacy Center located at 625 Silver SW
Albuquerque, New Mexico.
March 17
th
, 2014 at approximately 1915 hours
In an effort to further this investigation, detectives canvassed the neighborhood surrounding 812 Piedra
Vista NE Albuquerque, New Mexico. I obtained the following results during the canvass:
APPROVING OFFICER
INVESTIGATING OFFICER ~JLM2Jrnll!JL,<:__ -=:-- Hmo ni !icid<!!eLl.!ni!. t .!ill#'12W.J!D~at&e OQj4!LJ1 :Jlj,4!..-
omicide
4
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT
OFFENSE: acp; ce: IN VdL.VtQJ 5W()()i7I1t-
Case
No. 14.023683
OFFENSE LOCATION: 812 Piedra Vista NE
I was unable to contact anyone at the listed address:
~ Albuquerque, New Mexico
March 18
th
, 2014 at approximately 1016 hours
Detective M. Caplan and I interviewed John Pilgrim in reference to this incident (interview conducted
outside of his residence). For complete details, refer to Detective G. Stone's supplemental police report
and the recorded statement tagged into evidence (recorded interview given to the case agent).
Additionally, John completed a diagram explaining what he saw in reference to this incident. The
diagram was given to the case agent, Detective Stone.
April 2
nd
, 2014 at approximately 1000 hours
I attended a debriefing regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The debriefing was conducted at the Family Advocacy Center located at 625 Silver SW
Albuquerque, New Mexico.
April 2
nd
, 2014 at approximately 1032 hours
I conducted a formal interview with Kevin Fuller in reference to this incident (interview conducted at his
place of employment). For complete details, refer to Detective G. Stone's supplemental police report
and the recorded interview tagged into evidence (recorded interview given to the case agent).
**TIDS CONCLUDED MY INVOLVEMENT WITH THE INVESTIGATION**
APPROVING OFFICER
INVESTIGATING OFFICER ...k!Y!Q!:llm'-AL.. I1lI.!J"' c"'id"'e..\lli !Lt ID"""#."'2""",--",a""te"-,,,!4L!..lL,,,4,-
it
2
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION
March 17, 2014
Approximately 0830 Hours
On March 17, 2014 at approximately 0830 hours, I was notified by Sgt. Glenn St. Onge
to report to the Foothills Substation reference assisting homicide detectives in
canvassing the neighborhood, reference a police officer involved shooting.
0911 Hours
I attended a briefing at the Foothills Substation. Refer to Lead Detective Geoffrey
Stone's supplemental report for details.
1020 Hours
I assisted in a canvas of the neighborhood. I began at the south west corner of the
street. I attempted to contact the following addresses with negative results.
-
. - .
r. NE
r. NE
r. NE
At Dr. NE, I made contact with a construction worker, working on the
garage of the property. He reported the owner was not at home. The construction
worker was not at the residence the prior day and had not heard about the incident.
At Dr. NE, I made contact with the homeowner,
Susan Margison
DOB-=.1943
Phone: 7338
She stated she was home yesterday, working in the front office, which looks out onto
the street. She noticed a police officer parked next to her driveway. She was not aware
of why the officer was there. A short time later she closed her window blinds. She stated
at dusk she recalled hearing a loud bang. She believed a bird had hit her window.
Shortly after the bang, she heard three rapid bangs, in which she believed to be
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Amanda Wild
REVIEWING OFFICER: Sergeant Liz Thomson ~
1
5338 .
IDNO.
2702
10 NO.
DATE 03/17/14
DATE q{~511V
P'11528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
someone at her front door. As she walked to the front door, she heard three or five
more bangs.
Susan noticed her neighbors standing outside of their homes. She saw Robert Kerringtin,
from three houses south of hers and "Vic" from across the street.
Susan had heard through Vic that there was a homeless man living behind his house.
She stated Vic was complaining about how the homeless man was using the bathroom
outside and causing a scene. Vic had told Alexander. She was not sure who had notified
the police, but knows Vic does not like or trust the police.
1146 Hours
I attended a second briefing at the Family Advocacy Center where I advised Detective G.
Stone of the interview.
This concluded my involvement in this case.
.. ThIs form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement tonn to update the computer file.
INVESTIGATING OFFICER: Detective Amanda Wild
REVIEWING OFFICER: Sergeant Liz Thomson ~
2
5338
IDNO.
2702
10 NO.
DATE 03/17/14
DATE Ct(l..5!IV
P111528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
On March 16,2014 at approximately 2000 hours I was contacted by APD dispatch advising there was a violent
crimes Callout. I was advised the call-out was in reference to an officer involved shooting. The location I was
given was 812 Piedra Vista NE. I arrived on scene and attended the initial briefing at 2121 hours. After the
briefing I was paired up with Detective Fred Beers, Bernalillo County Sheriffs Department and we were
assigned to conduct interviews with officers. .
2225 Hours
Officer Mitch Bengston (538), New Mexico State Police met Detective Beers and I in my police vehicle and a
recorded interview was conducted. Officer Bengston stated he was contacted by his radio dispatch at
approximately 1730 hours. He was advised APD was requesting the assistance of the State Police at the Copper
trailhead in the foothills. Officer Bengston requested radio dispatch contact his supervisor, Sgt. C. Ware and
advise him. Once he was enroute, Officer Bengston was further advised APD was out with a possible "mental
type" subject who had knives and had threatened officers. The male subject was requesting State Police Officers
to act as a liaison between himself and APD. Officer Bengston was then advised to go to 812 Piedra Vista NE
and to go through the back yard to access the location of the subject. Officer Bengston advised his patrol car
video Coban microphone was turned on as was II digital recorder when he arrived on scene. Officer Bengston
advised the Coban was out of range for normal audio. Officer Bengston advised APD officers on scene and he
observed several were armed with rifles, one had a tazer out and one had a beanbag shotgun. Officer Bengston
stated he was briefed by the Sgt. on scene. Who stated the male was calling himself "Ba" and was claiming he
was with the department of defense and he had a knife in each of his front pockets. Officer Bengston stated the
subject's hands were empty when he observed him. Officer Bengston initiated contact with the male and spoke
to him for 15 to 20 minutes: Officer Bengston thought he was approximately 15 yards down hill from the
subject during this time. Officer Bengston stated whenever he mentioned weapons, the male would state he had
jurisdictional dominance over the State Police and he didn't need to ask him about that. The male continually
talked about the downfall of the U.S. economy. Officer Bengston stated he tried numerous times to get the male
to come down and talk to officers in a neutral setting or indoors. The male advised officers were not to give him
options he would supply options and he would choose which ones. Officer Bengston stated the male was very
articulate but he would start to mumble to himself and would revert back to talking about the economy. Officer
Bengston stated the mille did give him the name of James Boyd,. 975 and advised that was the last identity
he had been given by the Department of Defense. Sergeant Ware arrived on scene during this time and he began
to talk to the male. The male began getting very agitated with Sergeant Ware because he felt Sergeant Ware was
escalating the situation by telling him what his options were. Officer Bengston stated he felt the male was not
going to be "talked down very easily." Once a K-9 unit arrived Officer Bengston moved to a new location to the
north to help contain the scene. He then moved further to the east up the hill. Officer Bengston advised he was
with an Open Space Officer who had a Taser, a K-9 Officer, who had a rifle and Officer Bengston had obtained
a beanbag shotgun. Officer Bengston stated they were very concerned with the fact the sun was starting to go
*This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
1
,
INVESTIGATING OFFICER:--!T"'.S"".""B"'a.!l.bco"""c"'k_----: ~4::::67'7.:~.DATE: 3-17-14
(? /' /'...-r'J ID. NO.
REVIEWING OFFICER: {.,/L"t7~fir! c;?7tQ DATE: '1-~S"-(Y
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE LOCATION 812 Piedra Vista NE
down and that was a "major" concern for them because they would lose visual sight of the male if he began to
run and the terrain was very hilly and rocky with a lot of cactus and officer safety was a concern. Officer
Bengston advised he did not have a visual of the male, except when the male would climb on top of a rock. The
male continued to yell and scream at officers. Officer Bengston stated he knew the male had thrown rocks as
well as a sandwich at officers. Officer Bengston heard a flash bang go off and repeated commands from officers
and then gun fire, although he did not know if it was from lethal or non-lethal. Officer Bengston advised he did
not approach the subject's location after this. Officer Bengston drew a rough diagram of the scene and his
locations during the event. Refer to recorded interview for further details.
2259 Hours
Detective Beers and I conducted a recorded interview with Sergeant Chris Ware (527), New Mexico State
Police. Sergeant Ware advised he was at his office in Edgewood at approximately 1730 hours, when his
dispatch called and advised APD was requesting assistance with a subject at 8I 2 Piedra Vista NE and it was the
subject who was requesting to speak with the State Police. Sergeant Ware stated he arrived on scene and was
briefed by an APD Sergeant. Sergeant Ware stated he learned Open Space Officers approached the male subject
to talk to him about camping on the mountain. The male was refusing to follow their directions and that the
male was armed with knives and had pulled out one or two knives on the Open Space Officers. Sergeant Ware
stated he walked up the hill and tried to talk to the male. He asked the male to put the knives down on a rock
and to walk down and talk to officers. The male stated he worked for the DOE, he was a trained killer and that
they could not give him orders. Sergeant Ware advised the male became agitated when he asked him to put the
knives down on a rock. Sergeant Ware advised he never saw the knives but the subject stated he had the knives
in his pockets. Sergeant Ware advised he then walked back down the hill to await the arrival of a K-9 Officer.
Sergeant Ware stated it was his opinion that the male was not going to comply with any type of orders and
needed an evaluation. Sergeant Ware advised the K-9 Officer arrived and the K-9 Officer was trying to have a
dialogue the male but the male kept going off on tangents. Sergeant Ware advised he then went back down the
hill and relieved an APD Officer by a rock to the west of the subject. Sergeant Ware advised he was looking
through the scope of the APD Officers rifle when he saw a flash bang go off and the K-9 dog go running
towards the subject. He thought the dog bit the subject on the hand and then returned to its handler. Sergeant
Ware advised he then lost sight of the subject and he heard shots being fired. Sergeant Ware advised he was 50
to 60 yards down hill from the subject. Sergeant Ware advised he never approached where the subject was.
Sergeant Ware drew a rough diagram of the scene and marked the locations where he had been. Sergeant Ware
advised he had his Coban mic on but it shut off after 30 minutes and he had no other recording device running.
Refer to recorded interview for further details.
2323 Hours
Detective Beers and I conducted a recorded interview with APD Officer Justin Rogillio (5451). Officer RogilIio
2
"This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER::;,:-'T"';.S;" ..... B':.=b::;CO::c7k""""'T -;4;;;67~~DATE: 3-17-14
~'/:. ~ ID. NO.
REVIEWING OFFICER: ~(~~ ,;;27tQ- DATE: 9-z-,--/Y
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
advised he heard over the radio Open Space Officers requesting backup because they were out with a subject
armed with knives. When he arrived he deployed with his beanbag shotgun and met up with the Open Space
Officers, Officer M. Monette, Officer C. Wetterlund and Sergeant J. Carpenter. They approached the subject and
attempted to talk to the subject. Officer Rogillio advised since Officer Monette was a CIT officer they let him
take the lead in talking to the subject. Officer RogiIIio advised on occasion the male would take his right hand
out of his pocket and he observed the male was holding a knife in his hand. Officer Rogillio advised when the
subject would remove his left hand from his pocket Officer Rogillio observed the male was holding a cell
phone. Officer RogiIIio advised he never saw a knife in the subject's left hand but he had been told the subject
had knives in both pockets. Officer RogiIIio advised officers continued to talk to the subject for an unknown
amount of time from approximately 25 feet away. The subject kept changing his attitude and would become
agitated. Officer Rogillio stated officers kept trying to give the subject options for getting him down off the hill
but the male would just state he was with the Department of Defense, he was the boss of APD and stating he
was not going to surrender his weapons and not to worry about what kind of weapons he had. The male kept
talking about how he had been calling the police for 5 months to tell them about a military operation he was
involved in. Officer RogiIIio advised it was clear the male was not going to surrender or put down his knives.
Officer Rogillio stated that after a couple of hours of trying to talk to the male subject tactical units were
requested. As the tactical units arrived Officer RogiIIio was met by Officer J. Macfarlane and they moved up the
hill approximately 40-50 yards to the east of the subject. Prior to moving Officer Rogillio gave Sergeant
Carpenter his bean bag shotgun. During this time officers continued to try to get the male to put his knives down
and this just caused the male to become more agitated. Officer Rogillio advised he had his Taser lapel camera
running during this incident. I had Officer RogiIIio draw a rough diagram of the scene and had him mark the
locations he had been staged at.
After I had concluded the interview, Officer Rogillio approached me and stated he had not gone into detail
about what he had observed once he had moved to the position East of the subject. At approximately 2346 hours
Detective Beers and I conducted a second recorded interview with Officer Rogillio. Officer Rogillio advised the
male subject began throwing rocks at the tactical officers who were trying to talk to him, he threw a water bottle
at them and a sandwich. The male was cussing at officers and threatening to "cut" them. Officer RogiIIio stated
he saw a flash bang go off. Then the K-9 officer released his dog but the dog did not stay on the subject for
some reason. The subject had his hands free and the male went to reach for his pockets again and during this
time officers shot. The subject fell to the ground but did not release the knives. An officer then stepped up with
a beanbag shot gun and shot him several times with a beanbag. Refer to recorded interviews for further details.
3-17-14
0006 Hours
"Ihis form is for additional narrative information only. Any additional persons. property. change of status, etc . must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
3
INVESTIGATING OFFICER:,-'T'-'..S"'."'B"'a!.!b"'C"'oC"'k'-""""7 ..:!4;>;6'!-7=_DATE:3-17-14
C/ .. I_r/ / ID.NO.
REVIEWING OFFICER: ~~cn ;';7",?: DATE:'1-Z.~-fY
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE LOCATION 812 Piedra Vista NE
Detective Beers and I then conducted a recorded interview with APD Sergeant James Fox (2096). Sergeant Fox
advised he is currently assigned to the Tactical Unit, SWAT. Sergeant Fox stated on 3-16-14 at approximately
1737 hours APD Radio Control called him to make him aware of the on going call in the Foothills Area
Command. Radio Control stated officers were out with a subject they believed was "10-40" (Mental illness),
armed with two knives up in the open space area and officers were trying to deal with him. The male was
making statements that he was going to kill the officers. Officers were trying to negotiate with the subject and
had a "rough perimeter" set up. Radio Control advised K-9 units had been requested and two units had been
dispatched. Radio Control asked if Sergeant Fox would monitor the call, even though it had not been declared a
SWAT call-out as of yet. Sergeant Fox called K-9 Officer Ken Ronzone, who was the secondary K-9 Unit.
Officer Ronzone did not have any further information on the call yet. Sergeant Fox advised based on the fact
members of his unit were enroute to the call and the nature of the situation he started to the call. Sergeant Fox
stated he asked one of the K-9 Officers about charges on the subject and he was advised there were possibly
aggravated assault charges and the male was still making statements he was going to kill someone and he wasn't
going to walk down for anybody. Sergeant Fox advised while he was enroute he also called a few of his team
members to have them start towards the call in case it did become a SWAT call-out. Sergeant Fox stated when
he arrived on scene he spoke to Sergeant Carpenter and the decision was made to make it a SWAT call-out.
Sergeant Fox advised he considered the situation as a barricaded subject, just in open space. Sergeant Fox
considered it a little more dangerous because they were losing light and once it got dark they would have a hard
time locating the subject. Sergeant Fox then set up a command post in the back yard of812 Piedra Vista NE and
advised officers where to position themselves as they arrived. Sergeant Fox advised he could see the subject
when he climbed on top of some rocks. The male had his anus in the air, very animated making aggressive
movements towards officers. Sergeant Fox started to set up containment of the subject and created an "entry
team" with members of the SWAT Unit and the ROP Unit. Sergeant Fox advised he confirmed there were less
than lethal options deployed along with the K-9 units. Sergeant Fox advised he spoke to Officer Ramon Ornelas,
Team Leader for SWAT, and told him to try to come up with a plan if there was any way possible for the entry
team to try to take the subject into custody using different layers of less than lethal means, K-9 in combination
with bean bag shotgun in combination with Taser shotgun. Sergeant Fox told Officer Ornelas if they could take
the male into custody safely then to do it because he was concerned about the sun going down, losing daylight
and the subject being able to get out of the area possibly putting the neighbors at risk. Sergeant Fox stated
Officer Ornelas walked back up to the "entry team" and that's when Sergeant Fox heard a flash bang go off and
commands being given to a K-9 dog and then he heard gun shots. Sergeant Fox then proceeded up the hill and
he was advised shots had been fired by officers and rescue was requested to come to the subject. Sergeant Fox
advised during the time he was on scene he was being made aware negotiations were on going with the subject
but the subject was not being compliant, he was being disruptive and very aggressive towards officers. The male
was saying he would do things on his tenus. Sergeant Fox advised he was aware the field officers on scene had
tried everything they could to try to get the male to come down peacefully including requesting the State Police
to act as a liaison to deescalate the subject. Sergeant Fox advised he also knew K-9 Officer Weimerskirch, who
4
"Ibis form. is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:,~T:,",,,,S,,",B,,,a ... b..c,,,o,,,,ck,,-_= -,4;;6:,"7=_.DATE: 3-17-14
REVIEWING OFFICER: ~~6C1?: ~;~ DATE: 9-;1.:>:/'1
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE LOCATION 812 Piedra Vista NE
was on the "entry team" was attempting to negotiate with the subject. Sergeant Fox drew a rough diagram of the
scene and marked his location as well as the locations of the tactical officers on scene. Sergeant Fox advised he
did not have any recording device activated during this time. Refer to recorded interviews for further details.
0108 Hours
Detective Beers and I conducted a recorded interview with APD Officer Mikal Monette (5380). Officer Monette
stated he responded to 812 Piedra Vista NE at approximately 1704 hours. He was aware officers were out with a
male who was armed with knives. Officer Monette stated he deployed with his rifle to the area where the male
was. Officer Monette stated he is CIT trained so he began trying to talk to the male from approximately 15 yards
away. He was trying to get a base on where the subject was mentally. Officer Monette stated the subject would
go from being kind of cooperative to non cooperative. Officer Monette stated the subject had his hands in his
pockets and he explained to the subject how officers aren't comfortable with people having their hands in their
pockets. Officer Monette stated the male removed his hands from his pockets and was holding a knife in each
hand. Officer Monette stated he told the subject to drop the knives but he refused. The subject put the knives
back in his pockets and did remove his empty hands. The subject stated his knives were protecting him, just like
the officer's guns were protecting them. Officer Monette stated he spoke to the subject for approximately a few
hours. During this time he offered the subject a hotel room for a week if he would put down his knives and
come down off the hill. The subject advised he was not going to put down his knives and he would not come off
the hill without his knives on him. Officer Monette stated he was not comfortable with the fact the male would
not come down unless he could keep his knives. Officer Monettes stated he told the subject if he put his knives
down and came down he would be safe. The subject stated he was not going to follow anything the police told
him, that he was in control and the police needed to follow his orders. The subject spoke about how he worked
for the government and had information that nobody would listen to him about. Once the Tactical Units arrived
Officer Monette was moved back and once the shots were fired Officer Monette approached the subject to help
handcuff him. Officer Monette stated he observed two open knives lying by the subject. Officer Monette
advised he also located a silver knife in the subject's waistband. Officer Monette advised he rode down in the
ambulance when the subject was transported. The subject did not make any statements during this time. I had
Officer Monette draw a rough diagram of the scene. Refer to recorded interview for further details.
I then attended the de-briefmg at 0202 hours. During the de-brief I turned all the diagrams over to Detective G.
Stone.
This concluded my involvement in this case.
"Ihis fonn is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
5
INVESTIGA TING OFFICER:---:T:".S"'.'-'B"'a.,b"'C"'-oC"'k"-_..",, -'4:;:6::-7=_DATE: 3-17-14
REVIEWING OFFICER: ~971 ~.;,<;.. DATE: 9-t..-;-/i;'
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812PiedraVistaNE
CASE NO. 14-23683
INVESTIGATION
March 16, 2014
Approximately 2015 Hours
On this date and time, I received a call from APD Dispatch advising there was an officer
involved shooting located at 812 Piedra Vista NEand I was needed on scene.
2121 Hours
An initial briefing was held. Please refer to Case Agent Geoffrey Stone's supplemental
report for further details.
After the briefing was concluded, I was given the task of interviewing officers who
responded to the scene.
2207 Hours
Detective James Frederickson, with the Bernalillo County Sheriff's Office, and I
conducted an interview with Officer John McDaniel. Officer McDaniel is assigned to the
Open Space Unit. Office McDaniel stated the followlnq:
Officer McDaniel and Officer Patrick Hernandez were dispatched to 812 Piedra Vista NEin
reference to a subject later identified as James, camping in the open space area. Officer
McDaniel made contact with the homeowner who stated James had been camping in the
area behind his house. The homeowner pointed to where James' campsite was located.
Officer McDaniel and Officer Hernandez hiked up to the campsite and observed James
lying down on his back with his knees up. James had one hand on his right knee and his
other hand underneath his body. Officer McDaniel asked James to show his hands and to
step out of his camp. James complied and Office McDaniel noticed a knife attached to his
front pocket by a clip. Officer McDaniel asked James if he could conduct a pat down
search for weapons and at first James was compliant .
.. This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Caryn Romero
REVIEWING OFFICER: Sergeant Liz Thomson ~
1
3159 DATE
03/24/14
10 NO.
2702 DATE '?,zs-/I!
10 NO.
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
As Officer McDaniel was about to pat down James, James turned and pulled out two
knives from his pant pockets and pointed them at the officers. Officer McDaniel and
Officer Hernandez backed up and drew their guns. James told Officer McDaniel he could
not touch him and James did not comply with any commands made by Officer McDaniel.
James told both officers his name was "Ba" and threatened to kill both officers. Officer
McDaniel asked for back up assistance and a CIT officer arrived on scene, as well as the
K-9 and SWAT Units.
Once those units arrived, Officer McDaniel was pulled off the scene and was placed on a
hiking path to stop foot traffic from hiking near the scene.
Officer McDaniel was above the campsite and heard a flash bang go off. Rescue was
called to tend to James and Officer McDaniel assisted in breaking down the perimeter.
At no time did Officer McDaniel discharge any of his weapons, including less lethal
devices. Officer McDaniel had his Taser camera on during the encounter.
I asked Officer McDaniel to draw a map of the scene and all the places he was during the
call.
Officer McDaniel was processed by the Criminalistics Unit after our interview was
concluded and his taser camera was given to the Criminalistics Unit.
2227 Hours
Detective James Frederickson and I conducted an interview with Officer Patrick
Hernandez. Officer Hernandez is assigned to the Open Space Unit. Office Hernandez
stated the following:
Officer Hernandez and Officer McDaniel were dispatched to 812 Piedra Vista NE in
reference to a subject later identified as James, camping in the open space area. Both
officers made contact with the homeowner who stated James had been camping in the
area behind his house approximately four weeks.
.. This form is for additional narrative Information only. Any additional persons. property, change of status, etc. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Caryn Romero
REVIEWING OFFICER: Sergeant Liz Thomson ~
2
3159
IDNO.
2702
IDNO.
DATE 03/24/14
DATE C(lz~/!r
P111528
(REVISED 6183)
14-2"'36~3
VIOLENT CRIMES SUPPLEMENTAL
REPORTS
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE: omtO<. /NVtJI-Ve7.J StiM77A1v CaseNo.14.023683
OFFENSE REPORT OFFENSE LOCATION: 812 Piedra Vista NE
PERSONfS) INFORMATION
REF: Pilgrim, John (Interviewed - Recorded Statement Obtained)
AKA: N/A
ADO: E
~uerque, New Mexico
00B__ 91
SSN: N/A
PHO: HM"'2236
REF: Fuller, Kevin (Interviewed - Recorded Statement Obtained)
AKA: N/A
ADO:"'NW
~uerque, New Mexico
00B: __ 69
SSN: N/A
PHO: WK:.... -4824
INVESTIGATION
March 17
th
, 2014 at approximately 0911 hours
I attended a briefing regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The briefing was conducted at the Foothills Substation located at 12800 Lomas NE
Albuquerque, New Mexico. Once the briefing was concluded, I was asked to assist with several
interviews of persons involved in the incident and other tasks related to the incident.
March 17
th
, 2014 at approximately 1146 hours
I attended a debriefing regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The debriefing was conducted at the Family Advocacy Center located at 625 Silver SW
Albuquerque, New Mexico.
March 17
th
, 2014 at approximately 1915 hours
In an effort to further this investigation, detectives canvassed the neighborhood surrounding 812 Piedra
Vista NE Albuquerque, New Mexico. I obtained the following results during the canvass:
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE: ~/ C-13C /N VO/"'VD:) 5?1tiCJ7//
1
t;"'Case No. 14-023683
OFFENSE REPORT OFFENSE LOCATION: 812 Piedra Vista NE
I was unable to contact anyone at the listed address:
~ Albuquerque, New Mexico
March 18
th
, 2014 at approximately 1016 hours
Detective M. Caplan and I interviewed John Pilgrim in reference to this incident (interview conducted
outside of his residence). For complete details, refer to Detective G. Stone's supplemental police report
and the recorded statement tagged into evidence (recorded interview given to the case agent) ..
Additionally, John completed a diagram explaining what he saw in reference to this incident. The
diagram was given to the case agent, Detective Stone.
April 2
nd
, 2014 at approximately 1000 hours
I attended a debriefmg regarding the incident that occurred at 812 Piedra Vista NE Albuquerque, New
Mexico. The debriefing was conducted at the Family Advocacy Center located at 625 Silver SW
Albuquerque, New Mexico.
April 2
0d
, 2014 at approximately 1032 hours
I conducted a formal interview with Kevin Fuller in reference to this incident (interview conducted at his
place of employment). For complete details, refer to Detective G. Stone's supplemental police report
and the recorded interview tagged into evidence (recorded interview given to the case agent).
**TIDS CONCLUDED MY INVOLVEMENT WITH THE INVESTIGATION**
APPROVING OFFICER
INVESTIGATING OFFICER --"'-~~'-ft-'------ ~m~ic~id~e~U~ni~t """-~"'-""""-"""-'-"-=-_
T mici
1 2702 Dte04 7 4
E.
2
ALBUQUERQUE POLICE DEPARTMENT
SUPPLElVIENT ARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION
March 17, 2014
Approximately 0830 Hours
On March 17, 2014 at approximately 0830 hours, I was notified by Sgt. Glenn St. Onge
to report to the Foothills Substation reference assisting homicide detectives in
canvassing the neighborhood, reference a police officer involved shooting.
0911 Hours
I attended a briefing at the Foothills Substation. Refer to Lead Detective Geoffrey
Stone's supplemental report for details.
1020 Hours
I assisted in a canvas of the neighborhood. I began at the south west corner of the
street. I attempted to contact the following addresses with negative results.
Dr. NE
Dr. NE
Dr. NE
At r. NE, I made contact with a construction worker, workin'g on the
garage of the property. He reported the owner was not at home. The construction
worker was not at the residence the prior day and had not heard about the incident.
At Dr. NE, I made contact with the homeowner,
Susan Margison
008_-1943
Phone:~-7338
She stated she was home yesterday, working in the front office, which looks out onto
the street. She noticed a police officer parked next to her driveway. She was not aware
of why the officer was there. A short time later she closed her window blinds. She stated
at dusk she recalled hearing a loud bang. She believed a bird had hit her window.
Shortly after the bang, she heard three rapid bangs, in which she believed to be
This form is for 'additional narrative infonnatlon only. Any additional persons. property, change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Amanda Wild
REVIEWING OFFICER: Sergeant Liz Thomson ~
1
5338
10 NO,
2702
10 NO,
DATE 03/17/14
DATE q(e-5!IV
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
someone at her front door. As she walked to the front door, she heard three or five
more bangs.
Susan noticed her neighbors standing outside of their homes. She saw Robert Kerringtin,
from three houses south of hers and "Vic" from across the street.
Susan had heard through Vic that there was a homeless man living behind his house.
She stated Vic was complaining about how the homeless man was using the bathroom
outside and causing a scene. Vic had told Alexander. She was not sure who had notified
the police, but knows Vic does not llke.or trust the police.
1146 Hours
I attended a second briefing at the Family Advocacy Center where I advised Detective G.
Stone of the interview.
This concluded my involvement in this case.
.. This form is for additional narrative Infannation only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Amanda Wild
5338 DATE
03/17/14
10 NO.
CI{l.5!IV
REVIEWING OFFICER:
Sergeant Liz Thomson ~
2702 DATE
10 NO.
P1'1528
2
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
On March 16,2014 at approximately 2000 hours I was contacted by APD dispatch advising there was a violent
crimes callout. I was advised the call-out was in reference to an officer involved shooting. The location I was
given was 812 Piedra Vista NE. I arrived on scene and attended the initial briefing at 2121 hours. After the
briefing I was paired up with Detective Fred Beers, Bernalillo County Sheriffs Department and we were
assigned to conduct interviews with officers. .
2225 Hours
Officer Mitch Bengston (538), New Mexico State Police met Detective Beers and I in my police vehicle and a
recorded interview was conducted. Officer Bengston stated he was contacted by his radio dispatch at
approximately 1730hours. He was advised APD was requesting the assistance of the State Police at the Copper
trailhead in the foothills. Officer Bengston requested radio dispatch contact his supervisor, Sgt. C. Ware and
advise him. Once he was enroute, Officer Bengston was further advised APD was out with a possible "mental
type" subject who had knives and had threatened officers. The male subject was requesting State Police Officers
to act as a liaison between himself and APD. Officer Bengston was then advised to go to 812 Piedra Vista NE
and to go through the back yard to access the location of the subject. Officer Bengston advised his patrol car
video Coban microphone was turned on as was a digital recorder when he arrived on scene. Officer Bengston
advised the Coban was out of range for normal audio. Officer Bengston advised APD officers on scene and he
observed several were armed with rifles, one had a tazer out and one had a beanbag shotgun. Officer Bengston
stated he was briefed by the Sgt. on scene. Who stated the male was calling himself "Ba" and was claiming he
was with the department of defense and he had a knife in each of his front pockets. Officer Bengston stated the
subject's hands were empty when he observed him. Officer Bengston initiated contact with the male and spoke
to him for 15 to 20 minutes: Officer Bengston thought he was approximately 15 yards down hill from the
subject during this time. Officer Bengston stated whenever he mentioned weapons, the male would state he had
jurisdictional dominance over the State Police and he didn't need to ask him about that. The male continually
talked about the downfall of the U.S. economy. Officer Bengston stated he tried numerous times to get the male
to come down and talk to officers in a neutral setting or indoors. The male advised officers were not to give him
options he would supply options and he would choose which ones. Officer Bengston stated the male was very
articulate but he would start to mumble to himself and would revert back to talking about the economy. Officer
Bengston stated the male did give him the name of James Boyd'-75 and advised that was the last identity
he had been given by the Department of Defense. Sergeant Ware arrived on scene during this time and he began
to talk to the male. The male began getting very agitated with Sergeant Ware because he felt Sergeant Ware was
escalating the situation by telling him what his options were. Officer Bengston stated he felt the male was not
going to be "talked down very easily." Once a K-9 unit arrived Officer Bengston moved to a new locationto the
north to help contain the scene. He then moved further to the east up the hill. Officer Bengston advised he was
with an Open Space Officer who had a Taser, a K-9 Officer, who had a rifle and Officer Bengston had obtained
a beanbag shotgun. Officer Bengston stated they were very concerned with the fact the sun was starting to go
"This form is for additional narrative infonnation only. Any additional persons, property, change of status. etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
- INVESTIGATING OFFICER::-,TL...S~.,jB!!!a!!b!Sc!!:oC!kL.._-=- ..:!4~6'!-.7=~DATE: 3-17-14
(7 /. ".-r1 ID. NO.
REVlEWlNGOFFICER: {,/~~"in (;l7(.Q. DATE: '1-:2.~..(y
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
down and that was a "major" concern for them because they would lose visual sight of the male if he began to
run and the terrain was very hilly and rocky with a lot of cactus and officer safety was a concern. Officer
Bengston advised he did not have a visual of the male, except when the male would climb on top of a rock. The
male continued to yell and scream at officers. Officer Bengston stated he knew the male had thrown rocks as
well as a sandwich at officers. Officer Bengston heard a flash bang go off and repeated commands from officers
and then gun fire, although he did not know if it was from lethal or non-lethal. Officer Bengston advised he did
not approach the subject's location after this. Officer Bengston drew a rough diagram of the scene and his
locations during the event. Refer to recorded interview for further details.
2259 Hours
Detective Beers and I conducted a recorded interview with Sergeant Chris Ware (527), New Mexico State
Police. Sergeant Ware advised he was at his office in Edgewood at approximately 1730 hours, when his
dispatch called and advised APD was requesting assistance with a subject at 812 Piedra Vista NE and it was the
subject who was requesting to speak with the State Police. Sergeant Ware stated he arrived on scene and was
briefed by an APD Sergeant. Sergeant Ware stated he learned Open Space Officers approached the male subject
to talk to him about camping on the mountain. The male was refusing to follow their directions and that the
male was armed with knives and had pulled out one or two knives on the Open Space Officers. Sergeant Ware
stated he walked up the hill and tried to talk to the male. He asked the male to put the knives down on a rock
and to walk down and talk to officers. The male stated he worked for the DOE, he was a trained killer and that
they could not give him orders. Sergeant Ware advised the male became agitated when he asked him to put the
knives down on a rock. Sergeant Ware advised he never saw the knives but the subject stated he had the knives
in his pockets. Sergeant Ware advised he then walked back down the hill to await the arrival ofa K-9 Officer.
Sergeant Ware stated it was his opinion that the male was not going to comply with any type of orders and
needed an evaluation. Sergeant Ware advised the K-9 Officer arrived and the K-9 Officer was trying to have a
dialogue the male but the male kept going off on tangents. Sergeant Ware advised he then went back down the
hill and relieved an APD Officer by a rock to the west of the subject. Sergeant Ware advised he was looking
through the scope of the APD Officers rifle when he saw a flash bang go off and the K-9 dog go running
towards the subject. He thought the dog bit the subject on the hand and then returned to its handler. Sergeant
Ware advised he then lost sight of the subject and he heard shots being fired. Sergeant Ware advised he was 50
to 60 yards down hill from the subject. Sergeant Ware advised he never approached where the subject was.
Sergeant Ware drew a rough diagram of the scene and marked the locations where he had been. Sergeant Ware
advised he had his Coban mic on but it shut off after 30 minutes and he had no other recording device running.
Refer to recorded interview for further details.
2323 Hours
Detective Beers and I conducted a recorded interview with APD Officer Justin Rogillio (5451). Officer Rogillio
2
*This form. is for additional narrative information only. Any additional persons. property, change of status. etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:_,.!T",\,S~, "",B!l!a!!b!co~Ck"""9- .:!46~7~:---DATE: 3-17-14
c;~ -;r- ID. NO.
REVIEWING OFFICER: ~ (dd~:#. ~ 027t?- DATE: ,?-z-:>-/y
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
advised he heard over the radio Open Space Officers requesting backup because they were out with a subject
armed with knives. When he arrived he deployed with his beanbag shotgun and met up with the Open Space
Officers, Officer M. Monette, Officer C. Wetterlund and Sergeant J. Carpenter. They approached the subject and
attempted to talk to the subject. Officer Rogillio advised since Officer Monette was a CIT officer they let him
take the lead in talking to the subject. Officer Rogillio advised on occasion the male would take his right hand
out of his pocket and he observed the male was holding a knife in his hand. Officer Rogillio advised when the
subject would remove his left hand from his pocket Officer Rogillio observed the male was holding a cell
phone. Officer Rogillio advised he never saw a knife in the subject's left hand but he had been told the subject
had knives in both pockets. Officer Rogillio advised officers continued to talk to the subject for an unknown
amount of time from approximately 25 feet away. The subject kept changing his attitude and would become
agitated. Officer Rogillio stated officers kept trying to give the subject options for getting him down off the hill
but the male would just state he was with the Department of Defense, he was the boss of APD and stating he
was not going to surrender his weapons and not to worry about what kind of weapons he had. The male kept
talking about how he had been calling the police for 5 months to tell them about a military operation he was
involved in. Officer Rogillio advised it was clear the male was not going to surrender or put down his knives.
Officer RogiIlio stated that after a couple of hours of trying to talk to the male subject tactical units were
requested. As the tactical units arrived Officer Rogillio was met by Officer J. Macfarlane and they moved up the
hill approximately 40-50 yards to the east of the subject. Prior to moving Officer Rogillio gave Sergeant
Carpenter his bean bag shotgun. During this time officers continued to try to get the male to put his knives down
and this just caused the male to become more agitated. Officer Rogillio advised he had his Taser lapel camera
running during this incident. I had Officer Rogillio draw a rough diagram of the scene and had him mark the
locations he had been staged at.
After I had concluded the interview, Officer Rogillio approached me and stated he had not gone into detail
about what he had observed once he had moved to the position East of the subject. At approximately 2346 hours
Detective Beers and I conducted a second recorded interview with Officer Rogillio. Officer RogiIlio advised the
male subject began throwing rocks at the tactical officers who were trying to talk to him, he threw a water bottle
at them and a sandwich. The male was cussing at officers and threatening to "cut" them. Officer RogiIlio stated
he saw a flash bang go off. Then the K-9 officer released his dog but the dog did not stay on the subject for
some reason. The subject had his hands free and the male went to reach for his pockets again and during this
time officers shot. The subject fell to the ground but did not release the knives. An officer then stepped up with
a beanbag shot gun and shot him several times with a beanbag. Refer to recorded interviews for further details.
3-17-14
0006 Hours
"This form is for additional narrative information only. Any additional persons. property. change of status, etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
3
INVESTIGATING OFFICER:-!T ..... S".... B"'a"'b>eco"'c"'k'---:- .o:4;:;67'-:::::-,DATE: 3-17-14
C I_r7 / ID.NO.
REVIEWING OFFICER: .?4~hzn..W?1 :/7()& DATE: 1-2~-( If'
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
Detective Beers and I then conducted a recorded interview with APD Sergeant James Fox (2096). Sergeant Fox
advised he is currently assigned to the Tactical Unit, SWAT. Sergeant Fox stated on 3-16-14 at approximately
1737 hours APD Radio Control called him to make him aware of the on going call in the Foothills Area
Command. Radio Control stated officers were out with a subject they believed was "10-40" (Mental illness),
armed with two knives up in the open space area and officers were trying to deal with him. The male was
making statements that he was going to kill the officers. Officers were trying to negotiate with the subject and
had a "rough perimeter" set up. Radio Control advised K-9 units had been requested and two units had been
dispatched. Radio Control asked if Sergeant Fox would monitor the call, even though it had not been declared a
SWAT call-out as of yet. Sergeant Fox called K-9 Officer Ken Ronzone, who was the secondary K-9 Unit.
Officer Ronzone did not have any further information on the call yet. Sergeant Fox advised based on the fact
members of his unit were enroute to the call and the nature of the situation he started to the call. Sergeant Fox
stated he asked one of the K-9 Officers about charges on the subject and he was advised there were possibly
aggravated assault charges and the male was still making statements he was going to kill someone and he wasn't
going to walk down for anybody. Sergeant Fox advised while he was enroute he also called a few of his team
members to have them start towards the call in case it did become a SWAT call-out. Sergeant Fox stated when
he arrived on scene he spoke to Sergeant Carpenter and the decision was made to make it a SWAT call-out.
Sergeant Fox advised he considered the situation as a barricaded subject, just in open space. Sergeant Fox
considered it a little more dangerous because they were losing light and once it got dark they would have a hard
time locating the subject. Sergeant Fox then set up a command post in the back yard of812 Piedra Vista NE and
advised officers where to position themselves as they arrived. Sergeant Fox advised he could see the subject
when he climbed on top of some rocks. The male had his arms in the air, very animated making aggressive
movements towards officers. Sergeant Fox started to set up containment of the subject and created an "entry
team" with members of the SWAT Unit and the ROP Unit. Sergeant Fox advised he confirmed there were less
than lethal options deployed along with the K-9 units. Sergeant Fox advised he spoke to Officer Ramon Ornelas,
Team Leader for SWAT, and told him to try to come up with a plan if there was any way possible for the entry
team to try to take the subject into custody using different layers of less than lethal means, K-9 in combination
with bean bag shotgun in combination with Taser shotgun. Sergeant Fox told Officer Ornelas if they could take
the male into custody safely then to do it because he was concerned about the sun going down, losing daylight
and the subject being able to get out of the area possibly putting the neighbors at risk. Sergeant Fox stated
Officer Ornelas walked back up to the "entry team" and that's when Sergeant Fox heard a flash bang go off and
commands being given to a K-9 dog and then he heard gun shots. Sergeant Fox then proceeded up the hill and
he was advised shots had been fired by officers and rescue was requested to come to the subject. Sergeant Fox
advised during the time he was on scene he was being made aware negotiations were on going with the subject
but the subject was not being compliant, he was being disruptive and very aggressive towards officers. The male
was saying he would do things on his terms. Sergeant Fox advised he was aware the field officers on scene had
tried everything they could to try to get the male to come down peacefully including requesting the State Police
to act as a liaison to deescalate the subject. Sergeant Fox advised he also knew K-9 Officer Weimerskirch, who
4
"This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:-=T:--.s"".,-,B",:::""",c",oc",k"-_~7r ...,4:::67~::-DATE: 3-17-14
REVIEWING OFFICER: ~~6C2r ~;,~ DATE: 9-;1.;5"/11
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
was on the "entry team" was attempting to negotiate with the subject. Sergeant Fox drew a rough diagram of the
scene and marked his location as well as the locations of the tactical officers on scene. Sergeant Fox advised he
did not have any recording device activated during this time. Refer to recorded interviews for further details.
0108 Hours
Detective Beers and Lconducted a recorded interview with APD Officer Mikal Monette (5380). Officer Monette
stated he responded to 812 Piedra Vista NE at approximately 1704 hours. He was aware officers were out with a
male who was armed with knives. Officer Monette stated he deployed with his rifle to the area where the male
was. Officer Monette stated he is CIT trained so he began trying to talk to the male from approximately 15 yards
away. He was trying to get a base on where the subject was mentally. Officer Monette stated the subject would
go from being kind of cooperative to non cooperative. Officer Monette stated the subject had his hands in his
pockets and he explained to the subject how officers aren't comfortable with people having their hands in their
pockets. Officer Monette stated the male removed his hands from his pockets and was holding a knife in each
hand. Officer Monette stated he told the subject to drop the knives but he refused. The subject put the knives
back in his pockets and did remove his empty hands. The subject stated his knives were protecting him, just like
the officer's guns were protecting them. Officer Monette stated he spoke to the subject for approximately a few
hours. During this time he offered the subject a hotel room for a week if he would put down his knives and
come down off the hill. The subject advised he was not going to put down his knives and he would not come off
the hill without his knives on him. Officer Monette stated he was not comfortable with the fact the male would
not come down unless he could keep his knives. Officer Monettes stated he told the subject if he put his knives
down and came down he would be safe. The subject stated he was not going to follow anything the police told
him, that he was in control and the police needed to follow his orders. The subject spoke about how he worked
for the government and had information that nobody would listen to him about. Once the Tactical Units arrived
Officer Monette was moved back and once the shots were fired Officer Monette approached the subject to help
handcuff him. Officer Monette stated he observed two open knives lying by the subject. Officer Monette
advised he also located a silver knife in the subject's waistband. Officer Monette advised he rode down in the
ambulance when the subject was transported. The subject did not make any statements during this time. I had
Officer Monette draw a rough diagram of the scene. Refer to recorded interview for further details.
I then attended the de-briefing at 0202 hours. During the de-brief! turned all the diagrams over to Detective G.
Stone.
This concluded my involvement in this case.
"This Conn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the
appropriate ACOPS supplement form to update the computer file.
5
INVESTIGATING OFFICER'-:T;f.S"'.""B"'a"'b"'c"'oC"'k"-_"' ..:!4;;67:'7.:;:--DATE: 3-17-14
REVIEWING OFFICER: Uv~9n ~.;~DATE: 9-t.5-/V
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION
March 16, 2014
Approximately 2015 Hours
On this date and time, I received a call from APD Dispatch advising there was an officer
involved shooting located at 812 Piedra Vista NEand I was needed on scene.
2121 Hours
An initial briefing was held. Please refer to Case Agent Geoffrey Stone's supplemental
report for further details.
After the briefing was concluded, I was given the task of interviewing officers who
responded to the scene.
2207 Hours
Detective James Frederickson, with the Bernalillo County Sheriff's Office, and I
conducted an interview with Officer John McDaniel. Officer McDaniel is assigned to the
Open Space Unit. Office McDaniel stated the following:
Officer McDaniel and Officer Patrick Hernandez were dispatched to 812 Piedra Vista NEin
reference to a subject later identified as James, camping in the open space area. Officer
McDaniel made contact with the homeowner who stated James had been camping in the
area behind his house. The homeowner pointed to where James' campsite was located.
Officer McDaniel and Officer Hernandez hiked up to the campsite and observed James
lying down on his back with his knees up. James had one hand on his right knee and his
other hand underneath his body. Officer McDaniel asked James to show his hands and to
step out of his camp. James complied and Office McDaniel noticed a knife attached to his
front pocket by a clip. Officer McDaniel asked James if he could conduct a pat down
search for weapons and at first James was compliant.
- ThIs form is for additional narrative information only. Any additional persons, property, change of status, etc . must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Caryn Romero 3159
DATE
03/24/14
~
10NO.
REVIEWINGOFFICER:
Sergeant Liz Thomson 2702
DATE 9'-2 $-/'1
10NO. P111628
1 (REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
As Officer McDaniel was about to pat down James, James turned and pulled out two
knives from his pant pockets and pointed them at the officers. Officer McDaniel and
Officer Hernandez backed up and drew their guns. James told Officer McDaniel he could
not touch him and James did not comply with any commands made by Officer McDaniel.
James told both officers his name was "Ba" and threatened to kill both officers. Officer
McDaniel asked for back up assistance and a CIT officer arrived on scene, as well as the
K-9 and SWAT Units.
Once those units arrived, Officer McDaniel was pulled off the scene and was placed on a
hiking path to stop foot traffic from hiking near the scene.
Officer McDaniel was above the campsite and heard a flash bang go off. Rescue was
called to tend to James and Officer McDaniel assisted in breaking down the perimeter.
At no time did Officer McDaniel discharge any of his weapons, including less lethal
devices. Officer McDaniel had his Taser camera on during the encounter.
I asked Officer McDaniel to draw a map of the scene and all the places he was during the
call.
Officer McDaniel was processed by the Criminalistics Unit after our interview was
concluded and his taser camera was given to the Criminalistics Unit.
2227 Hours
Detective James Frederickson and I conducted an interview with Officer Patrick
Hernandez. Officer Hernandez is assigned to the Open Space Unit. Office Hernandez
stated the following:
Officer Hernandez and Officer McDaniel were dispatched to 812 Piedra Vista NE in
reference to a SUbject later identified as James, camping in the open space area. Both
officers made contact with the homeowner who stated James had been camping in the
area behind his house approximately four weeks .
.. This form is for additional narrative infonnation only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATINGOFFICER:
Detective Caryn Romero
3159 DATE
03/24/14
Sergeant Liz Thomson ~
IDNO.
REVIEWING OFFICER:
2702 DATE
<r(?:s/It-
10NO.
P111528
2
(REVISED 6183)
ALBUQUERQUE POLICEDEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra VistaNE
CASE NO. 14-23683
Both officers hiked to James' campsite and Officer Hernandez observed James lying on
his back with one hand exposed and the other hand underneath his body. Officer
McDaniel asked James to step out of his camp and he complied. Officer Hernandez
noticed a knife attached to James front pant pocket by a clip and relayed this
information to Officer McDaniel. Officer McDaniel asked James if he could conduct a pat
down for weapons and at first James was compliant.
As Officer McDaniel was about to pat down James, James turned and pulled out two
knives from his front pant pockets and pointed them at both officers. Both officers
backed up and withdrew their guns. James refused to obey any commands given to him
from that point on.
Officer Hernandez advised dispatch he and Officer McDaniel were with a male subject
armed with two knives and they needed back up assistance. James appeared to be
delusional and made statements that he was involved with federal agencies. At one
point James placed both knives in one hand. Officer Hernandez tried to calm James who
was agitated and angry.
A CIT officer and tactical units arrived on scene and Officer Hernandez was placed on a
hiking trail to stop foot traffic from hiking near the scene.
Officer Hernandez heard a flash bang then several shots fired.
At no time did Officer Hernandez discharge any of his weapons, including less lethal
devices. Officer Hernandez had his Taser camera on during the encounter.
I asked Officer Hernandez to draw a map of the scene and all the places he was during
the call.
Officer Hernandez was processed by the Criminalistics Unit after our interview was
concluded and his taser camera was given to the Criminalistics Unit.
2324 Hours
Detective James Frederickson and I conducted an interview with Officer Chris
Wetterlund. Officer Wetterlund is assigned to the Fietd Services Unit, Foothills Area
Command, as a bike patrol officer. Office Wetterlund stated the following:
* This form Is for additional narrative information only. Any additional persons, property, change of status, etc . must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Caryn Romero
3159 DATE
03/24/14
10 NO.
REVIEWING OFFICER:
Sergeant Liz Thomson aot-
2702 DATE
q/~~IIY
10 NO.
P111528
3
(REVISED 6tSa)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812PiedraVistaNE
CASE NO. 14-23683
Officer Wetterlund was dispatched to 812 Piedra Vista NE in reference to an assistance
call with open space officers. Officer Wetterlund was told open space officers were with a
male subject at gun point.
Officer Wetterlund, CIT Officer Mikal Monette, and Sergeant Jason Carpenter arrived on
scene and the female homeowner directed them to the backyard, through her gates, and
showed them where the open space officers were.
As Officer Wetterlund approached the campsite and observed a male subject with a long
beard, hat, and glasses armed with a knife in each hand. The male (James) identified
himself as "Ba" and was told to put the knives down, but he did not comply. James
appeared to be angry and aggressive, and at times closed distance with the officers.
James asked to speak with State Police officers. A short time later State Police officers
arrived along with tactical units from APD. At that time Officer Wetterlund was pulled off
the scene and was placed on a hiking trail to block foot traffic from hiking near the
scene.
From the position Officer Wetterlund was at on the hiking trail, he did not have a line of
sight of the scene. Officer Wetterlund heard a flash bang, another bang, and three more
shots.
At no time did Officer Wetterlund discharge any of his weapons, including less lethal
devices. Officer Wetterlund had his taser camera on during the encounter.
I asked Officer Wetterlund to draw a map of the scene and all the places he was during
the call.
Officer Wetterlund was processed by the Criminal/stics Unit after our interview was
concluded and his taser camera was given to the Criminalistics Unit.
March 17,2014
0002 Hours
Detective James Frederickson and I conducted an interview with Officer Jeffrey
MacFarlane. Officer MacFarlane is assigned to the SWAT Unit. Office MacFarlane stated
the folloWing:
.. This form is for additional narrative Information only. Any additional persons, property, change of status, etc., must be submItted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective Caryn Romero
3159 DATE
03/24/14
IDNO.
REVIEWING OFFICER:
Sergeant Liz Thomson -"IK"'
2702 DATE
"'/$s/I;!
10NO.
P111528
4
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
Officer MacFarlane was listening to the police radio and heard dispatch asking for any K-
9 officers who were available. Officer MacFarlane called K-9 Officer Scott Weimerskirch
and asked if he wanted him to go to the call and Officer Weimerskirch said yes.
Officer MacFarlane arrived on scene at 812 Piedra Vista NE and met with K-9 Officer
Kenneth Ronzone. Officer MacFarlane walked through the backyard of the residence with
Sergeant Jason Carpenter toward the scene. Officer MacFarlane saw that James had a
covered area and bags with him at his campsite. Officer MacFarlane also noticed the
police officers were very close in proximity to James and saw that James was armed
with knives.
Officer MacFarlane thought it would be best to take the field officers off scene to stop
pedestrian foot traffic and to use distance from James to their advantage.
Officer MacFarlane and Officer Justin Rogillio went southeast to a position above James.
From Officer MacFarlane's position he heard conversations between James and officers.
Officer Weimerskirch was working on negotiations with James and Officer MacFarlane
heard James say, "You don't know who you're messing with. I can kill you now" while
pointing his knives at officers. Officer MacFarlane could see that James was agitated.
Officer MacFarlane saw James pick up a softball size rock and throw it at Officer Richard
Ingram, Officer Keith Sandy, and Officer Scott Weimerskirch. James later threw a
sandwich he was eating at officers.
James was gathering his bags and Officer MacFarlane heard a flash bang. The flash bang
agitated James and he threw a liquid filled container at officers. Officer Weimerskirch
deployed his canine and the canine bit James. The canine disengaged from James and
bit a blue bag that was nearby. James dropped his arms, Officer MacFarlane heard three
shots fired, and saw James fall face down. James was still armed with the knives so
bean bag rounds were deployed and the team moved up to James.
At no time did Officer MacFarlane discharge any of his weapons, including less lethal
devices. Officer MacFarlane had his Taser camera on during the encounter.
I asked Officer MacFarlane to draw a map of the scene and all the places he was during
the call .
This form Is for additional narrative Infonnalion only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Caryn Romero
REVIEWING OFFICER: Sergeant Liz Thomson """
5
3159
10 NO.
2702
10ND.
DATE 03/24/14
DATE Qlzs/fl./
P111S28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
Officer MacFarlane was processed by the Criminalistics Unit after our interview was
concluded and his Taser camera was given to the Criminalistics Unit.
0043 Hours
Detective James Frederickson and I conducted an interview with Officer Brock Knipprath.
Officer Knipprath is assigned to the Field Services Division/Foothills Area Command.
Office Knipprath stated the following:
Officer Knipprath heard on the police radio that open space officers were out with a
subject armed with a knife. Officer Knipprath went to the call to assist the open space
officers and walked through the backyard of the residence at 812 Piedra Vista NE.
Officer Knipprath met with Officer Chris Wetterlund, Officer Mikal Monette, and Sergeant
Jason Carpenter on the scene of the campsite. James was refusing to cooperate With
officers and appeared to be agitated.
James requested to speak with State Police officers and a short time later State Police
Officers arrived on scene. James expressed he did not want to go back to jail.
Tactical Units arrived on scene and took over responsibility.
Officer Knipprath was moved to the base of the hill to stop foot traffic from going near
the scene.
At no time did Officer Knipprath discharge any of his weapons, including less lethal
devices. Officer Knipprath had his taser camera on during the encounter.
I asked Officer Knipprath to draw a map of the scene and all the places he was during
the call.
Officer Knipprath was processed by the Criminalistics Unit after our interview was
concluded and his taser camera was given to the Criminalistics Unit .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submItted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Caryn Romero
REVIEWING OFFICER: Sergeant Liz Thomson ~
6
3159
10NO.
2702
IDNO.
DATE 03/24/14
DATE 41-"5/11/
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
CASE NO. 14-23683
0202 Hours
A debriefing was held in the Criminalistics van. After the debriefing was concluded, this
ended my involvement with the investigation.
All maps draw by the officers on scene were given to case agent Detective Geoffrey
Stone during debriefing.
I copied my digital recordings of he interviews I conducted onto compact disc and gave
it to Detective Stone on March 17, 2014.
This form is for additional narrative Information only. Any additional persons, property I change of status, etc.. must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
REVIEWING OFFICER:
Detective Caryn Romero
3159
10 NO.
2702
10 NO.
03/24/14
4(2-'//(/
P111528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
----------------
CASE NO. 14-23683
VICTIM
Investigation
Monday, March 17,2014
1000 Hours
I was instructed by the primary investigator, Detective G. Stone, to travel to the area of 812 Piedra Vista
NE to assist in canvassing the area following an Officer Involved Shooting (OIS). However, upon
arrival to the scene, Violent Crimes investigators had completed the initial canvass. As a result, I did
not make any additional contacts at this time.
1730 Hours
A briefing was held at the Albuquerque Police Department's Law Enforcement Center with the
Homicide Unit at which time a plan was initiated to attempt contact with Maria Cervantes, a potential
next of kin for James Boyd, at with regards to Death Notification.
1830 Hours
In an effort to help facilitate Death Notification, I accompanied the Albuquerque Police Department's
Homicide Unit to , Apt.. Upon arrival to the scene, negative contact was made
with Maria Cervantes, a potential next of kin for James Boyd.
1910 Hours
I returned with the Homicide Unit to the neighborhood of 812 Piedra Vista NE to complete the canvass
of houses in which no contact was made by the first group of investigators. Detective G. Stone tasked
me with contacting the residents of 805 Piedra Vista NE. The following is a summary of the interview:
REF: Heather Ramponi
ADD: ,-NE, Albuquerque, NM 87123
PHO: ~873'
Ms. Ramponi advised her and her family, Chelsey Jorgensen, had been out of the house for dinner for
the majority of the evening on March 16, 2014. At about 2100 hours, Ms. Ramponi and her family
returned to the house at which timethey observed a large police presence but did not observe or hear
anything related to the incident.
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATINGOFFICER:
Detective M. Caplan
5272 DATE
03119/14
;(" IDND.
ttlt;S!Jr
REVIEWINGOFFICER:
Sgt. E. Thomson
2702 DATE
IDND.
P11 1S28
I
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812 Piedra Vista NE
----------------
CASE NO. 14-23683
VICTIM
1920 Hours
Following my interview with the residents at NE, I accompanied Detective H.
Anderson to 811 Piedra Vista NE and made contact with the following:
REF: Pat Haring/Teresa Haring
ADD: ~ NE, Albuquerque, NM 87123
PHO:(~
Detective Anderson and I conducted a recorded interview with Pat and Teresa Haring regarding he
Officer Involved Shooting which occurred on March 16, 2014 behind 812 Piedra Vista NE.
*Please Refer to Detective H Anderson's Audio Recording and/or Detective G. Stone's Supplementary
Reportfor Details Concerning the Interview *
Tuesday, March 18,2014
0815 Hours
Having identified an additional witness to the Officer Involved Shooting, I completed a brief
background on Jon Pilgrim in an effort to obtain a recorded statement.
0930 Hours
Detective J. Morales and Itraveled to
recorded statement from Jon Pilgrim.
NE in an effort to contact and obtain a
REF: Jon Pilgrim
ADD:
DOB:
PHO:
NE, Albuquerque, NM 87123
Mr. Pilgrim agreed to provide a recorded statement regarding the Officer Involved Shooting which
occurred on March 16, 2014 .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective M. Caplan
5272 DATE
03/19/14
~
10 NO.
apS;lf'
REVIEWING OFFICER:
Sgt. E. Thomson
2702 DATE
10 NO.
P111528
2
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION 812PiedraVistaNE
----------------
CASE NO. 14-23683
VICTIM
"Please Refer to Detective J Morales's Audio Recording and/or Detective G. Stone's Supplementary
Reportfor Details Concerning the Interview *
1100 Hours
Detective J. Morales and I traveled to NE and made contact with apartment complex
management in an effort to obtain Maria Cervantes's contact information. Management advised Ms.
Cervantes had moved from apartment. in April, 2013. I was provided with a contact phone number
which was subsequently provided to Detective G. Stone.
1130 Hours
Detective J. Morales and I traveled to Ave. NW to meet with Detective G. Stone, Detective
J. Gonterman, and Detective A. Ortiz in an effort to make contact with Maria Cervantes.
"Please Refer to Detective G. Stone's Supplemental Report Regarding Maria Cervantes's Interview *
"This concluded my involvement in this case *
.. This fann is for additional narrative infonnation only, Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER:
Detective M. Caplan
5272 DATE
03/19/14
IOND.
.'IIU/If!
REVIEWING OFFICER:
Sgt. E. Thomson
~
2702 DATE
IONO.
P111528
3
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
OFFENSE REPORT
Page 1 of 4
OFFENSE: Officer involved shooting
CASE #: 14-0023683
LOCATION: 812 Piedra Vista Rd NE
PERSONS INFORMATION
REF:
ADD:
DOB:
PHO:
REF:
ADD:
DOB:
PHO:
REF:
ADD:
DOB:
PHO:
REF:
ADD:
DOB:
PHO:
REF:
ADD:
DOB:
PHO:
REF:
ADD:
DOB:
PHO:
Judith Kaplan (interviewed)
~
Rd NE, Albuquerque NM 87123
1925
7740
Martha Vesely (witness, recorded interview)
~ Rd NE, Albuquerque, NM 87123
_0532
Manuel Cordova (witness, recorded interview)
-=-
Rd NE, Albuquerque, NM 87123
1938
0532
Charles Vesely (interviewed)
d NE, Albuquerque, NM 87123
Steven Vesely
Unknown
_964
Unknown
Robert Harris (witness, recorded interview)
~
Rd NE, Albuquerque, NM 87123
947
-5844
INVESTIGATING OFFICER: DETECTIVE M.D. Manary!lf""-\. ill #: 2768
DATE: 03/25/2014
REVIEWING OFFICER: SERGEANT E. Thomson ~
ill #: 2702
DATE: 4 (l-$!W
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
OFFENSE REPORT
OFFENSE: Officer involved shooting
CASE #: 14-0023683
LOCATION: 812 Piedra Vista Rd NE
Page 2 of4
INVESTIGATION
March 17,2014
0911 hours.
I was present at the Foothills Substation for a briefing conducted by Det. G. Stone to advise us of an
officer involved shooting that took place near 812 Piedra Vista Rd NE. Det. G. Stone asked if we could assist
him with a canvass of the area to see if anyone had seen anything.
1020 hours
I arrived in the area of th_ block of Piedra Vista Rd NE along with other detectives. Det. G. Stone
advised us what residences he would like us to check and see if anyone was home and they were if they had
seen anything.
1023 hours
I knocked on the door 0 Rd NE. I did not get any answer. As I was walking away a
car drove up and pulled into the iveway of Rd NE. I made contact with a female who was
identified as Judith Kaplan. Judith advised me she was home last night (03/16/2014). Judith advised me that
around 1700 hours she observed police vehicles out front of her residence. Judith went back into her residence.
Judith said around 2100 hours she saw police officers out back of her residence in the mesa. She went out front
and observed police vehicles on the street with a police vehicle blocking her driveway. Judith said she spoke to
an unknown officer who told her he would find the driver of the police vehicle blocking her driveway and have
them move there vehicle. Judith advised me she didn't see what was going on in the mesa and didn't hear
anything.
1034 hours
I made contact with a female later identified as Martha Vesely who was standing in front o~a
_Rd NE. She advised me she did live at this address and had seen officers out back of her residence the
night before (03/16/2014). Martha asked me if I would like to come in so we could talk. Also present in the
residence was Manuel Cordova and Charles Vesely. Martha told me all three of them live at this address and
were home during the incident that took place behind her residence in the mesa. Charles came into the living
INVESTIGATING OFFICER: DETECTIVE M.D. Manary tIl"'\ ill #: 2768
DATE: 03/2512014
REVIEWING OFFICER: SERGEANT E. Thomson a<""
ill #: 2702
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
OFFENSE REPORT
OFFENSE: Officer involved shooting
CASE #: 14-0023683
LOCATION: 812 Piedra Vista Rd NE
Page 3 of4
room before I started the recorded interview and told me he was in his bedroom all night and all he had heard
was a gunshot. Charles then left the living room. I conducted a recorded interview with Martha and Manuel.
Martha told me that she first realized the police were outside of her residence around 1730 to 1745
hours. Martha said her son Steven Vesely was leaving her residence and she saw police vehicles parked out
front of her residence. During the interview Martha told me she took pictures of a male subject behind her
residence in the mesa along with the police officers. I asked Martha if! could see the photographs and she said
yes and brought me her camera. After seeing the photographs I asked Martha ifI could get my laptop and copy
the pictures. Martha said I could copy the photographs. I retrieved my work laptop from my vehicle and copied
the photographs onto my computer.
For details on the interview refer to Det. G. Stone's case supplemental report.
1130 hours
I returned to the FAC (625 Silver SW) and created a compact disk of the interview of Martha and
Manuel along with the photographs copied from Martha.
1146 hours
I was present at the FAC (625 Silver SW) for the debrief mg.
1913 hours
I arrived at the_block of Piedra Vista Rd NE to assist with another canvass of the area.
1918 hours
I made contact with Robert Harris at Rd NE. Robert told me that he had taken a picture
with his cell phone of the subject behind his residence in the mesa along with police officers. I asked Robert if
he could send me the photograph to which he replied he would. Robert was able to send me the picture he took
with his cell phone via e-mail.
For information on the interview refer to Det. G. Stone's report and the recorded interview.
ftt>"-
INVESTIGATING OFFICER: DETECTIVE M.D. Manary ID #: 2768
DATE: 03/25/2014
REVIEWING OFFICER: SERGEANT E. Thomson tJv(
ID #: 2702
DATE: '/2-";/1(
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
OFFENSE REPORT
OFFENSE: Officer involved shooting
CASE #: 14-0023683
LOCATION: 812 Piedra Vista Rd NE
Page 4 of4
March 21st, 2014
1726 hours
I copied the interview with Robert Harris for Det. G. Stone.
March 24th, 2014
0900 hours
I placed the recorded interview of Robert Harris on Det. G. Stone's desk.
March 25
th
, 2014
1110 hours
I forwarded the e-mail with the picture I received from Robert Harris to Det. G. Stone.
CONCLUSION
This concluded my involvement in this case; I had no other assigned duties or interviews.
>l!I'A..
INVESTIGATING OFFICER: DETECTIVE M.D. Manary ID #: 2768
DATE: 03/25/2014 .
REVIEWING OFFICER: SERGEANT E. Thomson tW\
ID #: 2702
DATE: 1/u/!y.

ALBUQUERQUE POLICE DEPARTMENT

SUPPLEMENTAL
OFFENSE REPORT
OFFENSE: Officer Involved Shooting
CASE # 140023683
LOCATION: 812 Piedra Vista
VICTIM:
March 17,2014
Approximately 0900 hours
I responded to The Foothills Substation to assist Det. Stone with an area canvass.
Approximately 0911 hours
I was briefed by Det. Stone in reference to this case.
Approximately 1020 hours
I went with Det. Stone and attempted to contact potential witnesses at the following locations.
,
-- -
negative contact
male outside did not want to speak with detectives.
negative contact
Approximately 1028 hours
Geoff Smelser.-95
~ Albuquerque, NM
Detective Stone contacted Geoff Smelser. Refer to recorded interview.
Approximately 1033 hours
Det. Stone and I contacted Mike Nickels "'1922. Refer to recorded interview.
This concluded my involvement in this case.
NE- negative contact
Approximately 1039 hours
Det. Stone and I spoke with Keith Hutchinson and Jelisa Vick who were walking their dogs. Keith and Jelisa
reside at ~ and stated their daughter witnessed portions of the incident. Det. Stone was to
return later for interviews.
INVESTIGATING OFFICER: DETECTIVE J. Gonterman
ID#: 3067
DATE: 4-2-2014
REVIEWING OFFICER: SERGEANT E. Thomson ID #: 2702 DATE: 9-1-2014
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
.OFFENSE REPORT
OFFENSE: Officer Involved Shooting
CASE # 140023683
LOCATION: 812 Piedra Vista
VICTIM:
Approximately 1050 hours
Det. Stone and I contacted Ted and Jane Farr at
Det. Stone's recorded interview.
a NE_054~899. Please refer to
I later assisted Det. Stone in attempting to locate next of kin for James Boyd and collected a packet from Sgt.
John Gonzalez from the Crisis Intervention Database. I turned the information over to Det. Stone.
Approximately 1610 hours
I went with Det. Stone to 8
the door.
NE in an attempt to locate next of kin. There was no answer at
Approximately 1915 hours
Det. Stone requested I make contact with the occupants of a NE in an attempt to locate potential
witnesses. I contacted Michael, Ellen and Olivia Espinoza. The family advised me that they did see and hear
portions of the incident and allowed me into their home for an interview.
Michael and Olivia also advised me they took photographs of the incident. Olivia and Michael forwarded the
photos to my e-mail which I sent to Det. Stone. I also turned over a copy of the interviews to Det. Stone. Refer
to Det. Stone's report for details.
Michael Espinosa ~950
~055
Olivia Espinos~1996
_1107
Ellen Espinos~ 1960
March 18, 2014
Approximately 1137 hours
I went to ~ Ave NW to assist Det. Stone in notifying next of kin. Refer to Det. Stone's report for
further details.
INVESTIGATING OFFICER: DETECTIVE J. Gonterman
In#: 3067
DATE: 4-2-2014
REVIEWING OFFICER: SERGEANT E. Thomson At{ In#: 2702 DATE: 9-1-2014
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTAL
OFFENSE REPORT
OFFENSE: Officer Involved Shooting
CASE # 140023683
LOCATION: 812 Piedra Vista
VICTIM:
April 2, 2014
1000 hours
Det. Stone requested my assistance in conducting interviews at the Real Time Crime Center (RTCC) in
reference to civilian and sworn employees viewing and documenting information from the videos in this case.
1028 hours
Crystal Quintana _1989
'--7216
~ Albuquerque, NM 87102
I conducted an interview with civilian employee Crystal Quintana at the RTCC. The recording was turned over
to Det. Stone. Please refer to Det. Stone's report and recorded statement for details.
1102 hours
Sarah Mase~969
_~4822
~ Albuquerque, NM 87102
I conducted an interview with civilian employee Sarah Masek at the RTCC. The recording was turned over to
Det. Stone. Please refer to Det. Stone's report and recorded statement for details.
1430 hours
I contacted Sarah Masek via telephone and asked her for the date she viewed the video. Sarah was not sure and
said she believed it was on March 26
th
of 28
th
. I asked her if Crystal was available as I was unable to contact her
via telephone. Sarah stated she would give Crystal a message to call me.
1433 hours
Crystal Quintana returned my phone call and stated she viewed the video on Thursday March 27 at around 7:00
p.m. Crystal said she believed all other employees viewed the video on the same evening.
This concluded my involvement in this case.
INVESTIGATING OFFICER: DETECTIVE J. Gonterman
In#: 3067
DATE: 4-2-2014
REVIEWING OFFICER: SERGEANT E. Thomson~ In#: 2702 DATE: 9-1.2014
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE: Officer Involved Shooting
OFFENSE LOCATION: 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION
Sunday, March 16, 2014
Approximately 2008 hours
I was advised by APD Dispatch of an Officer Involved Shooting located at
requested to the scene to assist with the investigation.
NE and was
Approximately 2050 hours
Iarrived at
NE.
Approximately 2110 hours
Iobtained a Permission to Search from Alexander Thickstun in reference to some images he captured during the
incident involving police personnel. The Permission to Search was granted for his camera and cell phone and
the document was given to Det. G. Stone.
Alexander's information is as followed:
ADD:
DOB
PHO
NE
Approximately 2120 hours
I attended a briefing inside the garage of 8I2 Piedra Vista NE.
Approximately 2224 hours
Agent Cage from New Mexico State Police and I conducted a recorded interview with Officer A. Sedler, #2624.
The interview was concluded.
Please refer to Detective G. Stone's supplemental report for complete details concerning the interview.
Interview was digitally recorded. The interview and diagram were given to Detective G. Stone.
1
"This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the appropriate
ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: ",D",e",te",c .. ti""ve,-,A~. O=rt"'iz"--1f}p. .. "----'H..,o"'m"'i"'c"" d"'e-'U'-'n"'it'-- __ --..::#;:'3':'03;;;9'- DATE: 03/20/13
1 ID.NO.
APPROVING OFFICER: Sergeant E. Thomson ~
Homicide Unit
#2702
ID.NO.
DATE: 03120/13
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE: Officer Involved Shooting
OFFENSE REPORT* OFFENSE LOCATION: 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION CONTINUED
Approximately 2300 hours
Agent Cage from New Mexico State Police and I conducted a recorded interview with Officer R. Ornelas,
#3092.
The interview was concluded.
Please refer to Detective G. Stone's supplemental report for complete details concerning the interview.
Interview was digitally recorded. The interview and diagram were given to Detective G. Stone.
Approximately 2340 hours
Agent Cage from New Mexico State Police and I conducted a recorded interview with Officer K. Ronzone,
#2400.
The interview was concluded.
Please refer to Detective G. Stone's supplemental report for complete details concerning the interview.
Interview was digitally recorded. The interview and diagram were given to Detective G. Stone.
Monday, March 17,2014
Approximately 0000 hours
Agent Cage from New Mexico State Police and I conducted a recorded interview with Officer J. Perdue, #2361.
The interview was concluded.
Please refer to Detective G. Stone's supplemental report for complete details concerning the interview.
Interview was digitally recorded. The interview and diagram were given to Detective G. Stone.
'This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the appropriate
ACOPS supplement form to update the computer file.
2
INVESTIGATING OFFICER: "'D"'e'"-'te"'c'"-'ti ... ve""A"''-.O=rt'"iz
9
'f:Y/''-='-- __ ... H.,o ..m'''i'''Ci'''d'''e ... U..n'''it'--__ --=#~30"'3"'9'-----_DATE: 03120/13
ID.NO.
APPROVING OFFICER: Sergeant E. Thomson IL('
Homicide Unit
#2702
ID.NO.
DATE: 03120/13
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE: Officer Involved Shooting
OFFENSE LOCATION: 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION CONTINUED
Approximately 0036 hours
Agent Cage from New Mexico State Police and I conducted a recorded interview with Sgt. J. Carpenter, #3837.
The interview was concluded.
Please refer to Detective G. Stone's supplemental report for complete details concerning the interview.
Interview was digitally recorded. The interview and diagram were given to Detective G. Stone.
Approximately 0200 hours
I attended a debriefing inside the APD Mobile Crime Van.
Approximately 0911 hours
I arrived at the FHSS and attended a briefing of the incident. I was requested to perform a canvass of the
residences in the surrounding area of the scene.
NE- no one was home
NE- no one was home
~- made contact with William Riggan.
Mr. Riggan advised he had no information to provide and did notice the large amount of vehicles. He assumed it
was a party and did hear a loud explosion but didn't investigate it and did not remember the time of the
explosion. He explained he has not been contacted by the neighborhood association in reference to anyone
camping in the foothills behind Piedra Vista NE. Mr. Riggan can be contacted a~5055.
The interview was concluded and was not recorded.
Approximately 1915 hours
I was requested to perform another canvass of the residences in the surrounding area of the scene.
3
'This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submittad upon the appropriate
ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: ~D~e~te~c~ti,,"ve~=A.= Ort""J1c.= -<H"'o"'m"'-'''' c'''id'''e'-'U''''n'''i<...t ----:#:-3'7
03
"'9'-- .DATE: 03120/13
m.NO.
APPROVING OFFICER: Sergeant E. Thomson ~
Homicide Unit
#2702
m.NO.
DATE: 03120/13
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE: Officer Involved Shooting
OFFENSE LOCATION: 812 Piedra Vista NE
CASE NO. 14-23683
INVESTIGATION CONTINUED
NE- made contact with David and Virginia Rosner.
Mr. and Mrs. Rosner advised they had no information to provide. They knew police activity was in the area but
did not know for what reasons. The couple was advised of the possible camp in the foothills however they
advised they had not been contacted by the neighborhood association in reference to this situation. The Rosner's
can be contacted at _3704.
The interview was concluded and was not recorded.
***This concluded my involvement with this case***
4
"This form is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the appropriate
ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: ~D""et",e",ct ... iv,-,e""A",.,-,O"-rt,-",iz,-f?.,.... ",H",o",m ... i",ci",d ... e .... U,,,n ... it~ __ -;;#~30~3;::9'-- DATE: 03/20/13
ID.NO.
APPROVING OFFICER: Sergeant E. Thomson ~
Homicide Unit
#2702
ID.NO.
DATE: 03120/13
ALBUQUERQUE POLICE DEPARTMENT CASE NO: 14-0023683
SUPPLEMENTARY OFFENSE: OFFICER INVOLVED SHOOTING
OFFENSE LOCATION: 812 PIEDRA VISTA NE
March 17,2014
0915 hours
I went to the Foothills Substation where I was briefed by Detective Geoffery Stone on the officer
involved shooting that had occurred on March 16
th
, 2014. Detective Stone also, at that time, coordinated
an additional neighborhood canvas. Detective Stone showed me the helmet camera video from Officer
D. Perez. I watched the video with Detective Stone and then went to the area of 812 Piedra Vista NE to
look at the location of the incident as I had not been the on-scene supervisor and thus had not seen the
location, terrain, proximity to residences etc. I did not participate in the neighborhood canvass. I did not
interview anyone.
I accessed and viewed the following Taser video footage from Officer Scott Weimerskirch,
16 Mar 201419:24:18
16 Mar 201418:23:45
I also shared (gave permission) to view the video to Detective Stone. See below for more details
about my viewing of additional Taser video of this incident.
March 18, 2014
Detective Stone advised me no next ofkin for James Boyd had been located. I began reviewing police
databases and reports for possible next of kin. All I found was Boyd's place of birth, listed on his MDC
"booking slip," as Portland, Oregon.
March 19, 2014
I assisted in the investigation by accessing, sharing and/or viewing the following officers' video on
Evidence.com. It should be noted the investigators in the Homicide Unit and I were just learning how to
use Evidence.com. I was told by Tech Services personnel I had permission to view restricted Taser video
but I would need to share (give permission) to Detective Stone to view the videos. I did not watch all the
videos in their entirety and I have noted the videos I accessed but did not view as well as the videos I did
not access or view. See Detective Stone's report for a summary of the content of the videos.
John Hill
o 16 Mar 201419:56:42 (Accessed and shared this video but did not view it.)
Mikal Monette,
o 16 Mar 2014 19:55:20 (Accessed and shared this video but did not view it.)
o 16 Mar 2014 19:25:11 (Accessed and shared this video but did not view it.)
o 16 Mar 2014 19:14:23 (Accessed and shared this video but did not view it.)
o 16 Mar 201419:07:30 (Accessed and shared this video but did not view it.)
Patrick Hernandez
INVESTIGATING OFFICER: "'S""'er .... go::e""'an~t'-'E"".'--T~h~o"-'m"'s""o'-"n'- -;:;#::2'-;:7::02~_D~A:..!T~E:<.:.:..l!0~9/~2~5/~14
~I ID. NO.
REVIEWING OFFICER: =L""t ..o:M~''-o!R~u!!.!n~y~a.!!.n~:2!.- --:::~=-_.D!1:Al.!TL!E~:...l!OZ9/~2~5/C!.:!14
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT CASE NO: 14-0023683
SUPPLEMENTARY OFFENSE: OFFICER INVOLVED SHOOTING
OFFENSE LOCATION: 812 PIEDRA VISTA NE
a 16 Mar 201419:50:29 (Accessed and shared this video but did not view it.)
a 16 Mar 2014 19:23:15 (Accessed and shared this video but did not view it.)
a 16 Mar 201418:53:14 (Accessed and shared this video but did not view it.)
a 16 Mar 2014 18:23: 10 (Did not access or view.)
a 16 Mar 2014 17:53:08 (Did not access or view.)
a 16 Mar 2014 17:22:37 (Accessed and viewed.)
John McDaniel
a 16 Mar 2014 19:37:43 (Accessed and shared this video but did not view it.)
a 16 Mar 2014 18:38:07 (Did nat access or view.)
o 16 Mar 2014 18:08:06 (Did not access or view.)
o 16 Mar 201417:38:02 (Did not access or view.)
a 16 Mar 2014 17:07:30 (Did not access or view.)
Scott Weimerskirch
a 16 Mar 2014 19:24:18 (Accessed and viewed)
a 16 Mar 201418:54:16 (Accessed and viewed.)
o 16 Mar 2014 18:23:45 (Did not access or view on this date. Viewed on 3/17/14.)
Kenneth Ronzone
a 16 Mar 2014 19: 15: 15 (Accessed and shared this video but did not view it.)
o 16 Mar 201418:12:50 (Did not access or view.)
Justin Rogillio
a 16 Mar 2014 19:09:06 (Accessed and shared this video but did nat view it.)
a 16 Mar 2014 18:39:02 (Did not access or view.)
a 16 Mar 2014 18:09:00 (Did not access or view.)
a 16Mar201417:38:58 (Did not access or view.)
a 16 Mar 2014 17:08:27 (Did not access or view.)
Jason Carpenter
o 16 Mar 2014 18:59:06 (Accessed and shared this video but did not view it.)
a 16 Mar 201417:58:33 (Did not access or view.)
o 16 Mar 2014 17:41 :22 (Did not access or view.)
a 16 Mar 2014 17: 10:51 (Did not access or view.)
Christopher Wetterlund
a 16 Mar 2014 18:09:41 (Did not access or view.)
a 16 Mar 2014 17:39:37 (Did not access or view.)
o 16 Mar 2014 17:09: 05 (Did not access or view.)
Brock Knipprath
a 16 Mar 2014 18:04:09 (Did not access or view.)
a 16 Mar 201417:33:39 (Did not access or view.)
2
INVESTIGATING OFFICER: ",S-",er,-,g""e""an",t,-,E",.,-,T""h""o~m",s<.>o,",n'-- -=#:=2"::7,,,02:--~D~A>-!T""E<.:.: ..!!O~9/~2~5/~14
ID.NO.
REVIEWING OFFICER: =Lt....,M"'.'-"R~u ..n... y""an~_..\l-'>J ---,=-=_....uD:!!A>..!T.E"-: .!!.09l!./.=::25<L/~14
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY OFFENSE:
OFFENSE LOCATION: 812 PIEDRA VISTA NE
CASE NO: 14-0023683
OFFICER INVOLVED SHOOTING
March 21, 2014
I attended the Chief's Briefing regarding this incident. Prior to the conclusion of the briefing the Police
Shoot Team was called out to another incident (In-custody death on _ NE). I was the on-duty
supervisor for the team, thus I did not attend the entire Chief's Briefing. At the conclusion of the Chief's
Briefmg, Chief Deputy District Attorney Debbie Depalo came to the call-out and asked if Detective
Stone and I could further brief her and District Attorney Brandenburg regarding the officer involved
shooting from March 16
th
, 2014. I told CDDA Depalo I would set up a meeting for the following week.
It should be noted at this point we had still been unable to locate next of kin for James Boyd and thus
had not made notification of his death to any family member. I researched Boyd in Ancestry.com looking
for birth records in Oregon. I found none.
March 24, 2014
Commander Anthony Montano told me and Detective Stone we would need to prepare to brief media
outlets regarding the officer involved shooting in one-on-one interviews. He also said we would be
meeting with Mayor Berry later in the day to brief him on the officer involved shooting. Prior to meeting
with Mayor Berry, Commander Montano advised the Mayor had cancelled the meeting.
Detective Stone told me upon viewing all Taser Video he determined the best video to watch for an
overview of the incident as it unfolded was Officer C. Wetterlund's. I accessed and viewed the following
video of Officer Wetterlund.
l6Mar20l417:09:05
March 25, 2014
Detective Stone and I met with APD legal advisor, Kathy Levy and briefed her on what information and
evidence had been gathered thus far. This included the videos Detective Stone and I had viewed. We
showed Ms. Levy several videos inclUding the helmet cam video from Officer D. Perez. We showed Ms.
Levy the helmet cam video in real time and in "frame by frame" mode to show the sequence of the uses
of force by the officers. We discussed the importance of explaining the context of the shooting and the
fact that the sequence viewed in real time was too fast for the human brain to comprehend exactly what
was happening, in what sequence and by who. I provided Ms. Levy with a "video advisory" (included in
Detective Stone's case) to be included with releases of the video to warn viewers regarding making
judgments based on the video and without other evidence.
Detective Stone, Commander Montano, Deputy Chief of Police Garcia and I met with District Attorney
Kari Brandenburg, and Chief Deputy DA's Troy Davis, Sylvia Martinez, and Debbie Depalo. Detective
Stone presented a briefing of the entire incident including watching Officer Perez' helmet cam video in
both real time and frame by frame.
3
INVESTIGATING OFFICER: ,",s""er""go=ea~n,."t,-,E",.-,T"-,h"-,o""m",s,,,o:.:::n'-- -=#:,,2'770,=,2:-~D,,,Ac...!oT""E",-: -,!0~9/~2,",5/=14
ID.NO.
REVIEWING OFFICER: ""L""t.-"M",".,-,R~u ... n~y~a ... n-->NJ:C:: --:::::"7.:::-_..!<D~A!2T.!E"":.l!0z,91~2i2!.5/~14
ID.NO.
ALBUQUERQUE POLICE DEPARTMENT CASE NO: 14-0023683
SUPPLEMENTARY OFFENSE: OFFICER INVOLVED SHOOTING
OFFENSE LOCATION: 812 PIEDRA VISTA NE
April 2, 2014
I was contacted by APD Radio Control and told Andrew Jones was calling claiming to be James Boyd's
brother and asking for a call back. I called Andrew back a~ 7064 and left a message including
my contact information. Andrew did not return my call.
Later that day Detective Stone advised he had spoken with James Boyd's mother. See Detective Stone's
report for more information.
It should noted throughout the case, Detective Stone updated and kept me apprised of the
progress of the investigation and any significant events regarding the investigation. Please see
Detective Stone's report for details regarding the timeline and events during the investigation.
4
INVESTIGATING OFFICER: ",S",er,-"g",e",an",t,-,E=<:.,-,T,-,h~o",m..,s",o""n'-- -=:#~2770~2~,-,D!!.A~ . ..!.TEc:..: .l!092J.1.:.2i2!S/~14
ID.NO.
REVIEWING OFFICER: ""Lc.::t ...:;M"".'-"R""u::.:n:.zy.::a"""n_--"h""-./ ~;:"7,::::_-~D:!2A'-'T~E"-: .!!.02J.9/.:.2S:Z!./~14
ID.NO.
STATE OF NEW MEXICO IIOR'G. OFFENSE DATE ISUPP. DATE
J CASE NO.
I.INC. NO.
PAGEJ OF
SUPPLEMENTAL REPORT
03-16-2014 04-02-2014
140023683
140750659
1 1
ORIGINAL OFFENSE REPORTED
ORIGINAL VICTIM'S NAME (LAST. FIRST, MIDDLE)
IDATE OF BIRTH
INCIDENT
CITY OF ABO
LOCATION Of OCCURRENCE
812 PIEDRA VISTA NE
1
On 3/27/2014 at 1530 I was advised by TJ Wilham that he had received orders from Chief G. Eden that the Real
2
Time Crime Center was tasked with reviewing lapel video from the recent officer involved shooting at 812 Piedra
3
Vista NE. TJ Wilham asked for me to find RTCC personnel who were interested in staying late to review video. I
4
identified Detective Nick Sanders, Sarah Masek, Kevin Fuller, Crystal Quintana and myself to review the videos.
5
The review was to document any "inappropriate" or "questionable" language the videos may reflect and the
6
dialog that takes place. A full transcription of the video was not requested. Video Unit Supervisor. Kevin Fuller,
7
was tasked with uploading all lapel video onto the RTCC dropbox and assigning videos to RTCC personnel for
8
review.
9
10
I was tasked with reviewing Sgt. Jason Carpenter's lapel videos file name: 2014-03-16_1710, 2014-03-16_1741,
11
2014-03-16_1758, 2014-03-16_1829 and 2014-03-16_1859. See my notes attached. I did not access the videos
12
again once I completed my review. The prep and review process continued until 2100 hours. My notes were
13
provided to Kevin Fuller for further review by TJ Wilham.
14
15
On 4/2/2014 I was notified by TJ Wilham that the APD homicide unit was conducting interviews with RTCC
16
personnel who reviewed the video. I was advised that I was to complete a supplemental report to document my
17
involvement.
18
19
A copy of this report and my notes will be forwarded to Det. Geoffery Stone.
20
21
This concluded my involvement.
p
REPORTtNG OFFICER (PRINT)
RANK I.D.NO.
DATE
DETECTIVE I FOLLOW-UP OFfiCER I REFERRED TO 1',0, NO,
DATE
</l
GARCIA JR. FELIPE
SGT
P3007
04-02-2014
::>
ASSiSTING OFFICER (PRINT)
RANK
I.D.NO.
DATE
PROCESSED BY
I DATE IDATA ENTRY PERSON DATE
f-
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APPROVING OFFICER (PRINT)
RANK
LO.NO.
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DNW NO,
BERNALILLO COUNTY SHERIFF'S DEPARTMENT
Homicide Unit
SUPPLEMENTAL REPORT FORM
CASE #140023683
REPORT PREPARED BY Detective J. Frederickson
Page 1 of 2
DETECTIVE SIGNATURE APPEARS ON LAST PAGE OF REPORT
On March 16
th
, 2014 at approximately 2120 hours I was contacted by Sgt. Pete Golden and
asked to assist APD with an Officer involved shooting. I responded to the APD command
post which was located at 812 Piedra Vista NE and attended the first briefing.
During the initial briefing I was advised Officers with APD had responded to 812 Piedra
Vista at approximately 1557 hours. The calling party from that location reported a subject
camping in the open space area behind the residence. That particular area of open space
is a no camping zone and the calling party was concerned due to recent burglaries in the
area. Officers arrived at the residence and were then shown the location of the subject in
the open space area. The location was on a hill several hundred meters South of the
calling party's residence. The Officers then proceeded to the area on foot and made
contact with the subject. Upon initial contact the officer approached the subject and began
speaking with him. As the Officers were speaking with the subject they attempted to
conduct a pat down to check him for weapons. As the Officer reached towards the subject
to conduct the pat down the subject drew two knives from his pockets and turned toward
the officers. The initial responding officers drew their weapons and began to give the
subject commands to drop the knives as they backed away. The officers continued to
speak with the subject as they awaited the arrival of backup officers. Numerous Officers
arrived to assist, including a Kg Officer, several Officers with the ROP unit, an Officer with
the Crisis Intervention Team and a Sergeant from the Foothills area command. Officers
spoke with the subject for several hours as he made repeated verbal threats to kill Officers.
As the evening was draWing near, Officers speaking with the subject became concemed
due to the lack of lighting and the subjects position of advantage on the hill. Officers
formulated a plan to apprehend the subject utiliZing a flash bang, to stun the subject, and
the Kg to subdue him. As the Kg was released it ran towards the subject but then turned
back towards the Officers. The Kg Officer moved forward towards the subject and
attempted to turn the Kg back towards the subject. As the Kg Officer moved forward the
Officers with him also began to move up to cover him and assist with apprehending the
subject. As Officers moved closer to the subject he quickly drew the knives from his
pockets. Several gunshots were then fired at the subject, by the Officers, and he fell to the
ground. Rescue units arrived a short time later and the subject, later identified as James
Boyd, was transported to UNMH where he died from his injuries.
Following the briefing I was tasked with conducting interviews alongside APD Detective
Karen Romero. The follOWing individuals were interviewed at the scene:
Officer John McDaniel (10 3275) conducted at 2207 hours
BERNALILLO COUNTY SHERIFF'S DEPARTMENT
Homicide Unit
SUPPLEMENTAL REPORT FORM
CASE #140023683
REPORT PREPARED BY Detective J. Frederickson
Page 2 of2
DETECTIVE SIGNATURE APPEARS ON LAST PAGE OF REPORT
Officer Patrick Hernandez (10 3394) conducted on 3/16 at 2227 hours
Officer Chris Wetlerlund (10 5404) conducted on 3/16 at 2324 hours
Officer Jeff McFarlane (10 3826) conducted on 3/17 at 0002 hours
Officer Brock Knipprath (10 5294) conducted on 3/17 at 0043 hours
Each interview was audio recorded. The recordings were later tagged into evidence.
Please refer to audio recordings and Detective Romero's supplemental for futher details of
the interviews. This concluded my assistance with this case.
~rederic~son
Homicide
Criminal Investigations Division
Date
ant P. Golden 3/81
Homicide / CSI Supervisor
Criminal Investigations Division
BERNALILLO COUNTY SHERIFF'S DEPARTMENT
CRIMINAL INVESTIGATIONS DIVISION
SUPPLEMENTAL REPORT FORM
APD CASE # 140023683
APD CAD # 140750659
REPORT PREPARED BY DETECTIVE FRED BEERS
Page 1 of 2
DETECTIVE'S SIGNATlJRE APPEARS ON LAST PAGE OF REPORT
On 03/16/2014, at about 2030 hours, I was contacted by Sergeant Randall Herring
and requested to respond to 812 Piedra Vista Rd NE in reference to an officer involved
shooting with the Albuquerque Police Department (APD). I arrived on scene and attended
a briefing of the officers which were involved in the incident. During the briefing, I was
advised that officers from APD Open Space had been dispatched to the open space area
behind 812 Piedra Vista Rd NE in reference to a subject who had been illegally camping.
The APD Open Space officers arrived on scene and made contact with James Boyd.
Mr. Boyd had his hands in his pockets so an officer gave Mr. Boyd the command "Let me
see your hands." Mr. Boyd then said "I'm not submitting to anybody" and pulled a knife
from each pocket. The officers contacted their supervisor and a CIT officer was requested
to come to the scene.
Mr. Boyd stated that he would only talk to the New Mexico State Police (NMSP) so
NMSP officers were requested to come to the scene. Two officers from the NMSParrived
on scene and they attempted to talk to Mr. Boyd.
K9, ROP and SWAT officers were also then called to the scene. Officers contihued
to talk to Mr. Boyd while a perimeter was established. The officers continued to talk to Mr.
Boyd until the sun started to set. The officers were worried that once the sun set that Mr.
Boyd would be able to escape the perimeter,
The officers told Mr. Boyd to gather his belongings in order to take him in to
custody. The officers in front of Mr. Boyd then deployed a flash bang near Mr. Boyd. The
canine was then deployed but the canine malfunctioned and did not bite Mr. Boyd. The
canine was then recalled by the handler. Just after the canine was recalled, several rounds
were fired at Mr. Boyd by officers. Mr. Boyd was then taken into custody by officers.
After the briefing concluded, I was assigned to work with APD Detective Tod
Babcock. I was present while Detective Babcock interviewed the following people: NMSP
Officer Mitch Bengston, NMSP Sgt. Christopher Ware, APD Officer Justin Ragillio, APD Sgt.
James Fox and APD Officer Mikal Monette.
I remained on scene until I was released to clear the scene which was at
approximately 0230 hours. I burned the digital audio recordings of the interviews on to
DVD at the Criminal Investigations Division, 400 Roma Ave NW. The DVD was then tagged
into evidence at the Prisoner Transport Center, 401 Roma Ave NW. This concludes my
involvement in this investigation.
BERNALILLO COUNTY SHERIFF'S DEPARTMENT
CRIMINAL INVESTIGATIONS DIVISION
SUPPLEMENTAL REPORT FORM
APD CASE # 140023683
APD CAD # 140750659
REPORT PREPARED BY DETECTIVE FRED BEERS
Page 20f2
DETECTIVE'S SIGNATURE APPEARS ON LAST PAGE OF REPORT
UL( O. l,fAf1j
Detective Fred Beers
Violent Crimes Unit
Criminal Investigations Division
-111+1-
147/5307
~~~--- Z e ..5,.,---:; '/7
Sergeant Ran' all Herring S-22/37~
Supervisor, Violent Crimes Unit
Criminal Investigations Division
Albuquerque PD
Property and Evidence Report
Print Date: 4/16/2014 7:24:53AM
Case #: 14-0023683
Case Agent: STONE, GEOFFERY T
Offense: AGORAV ATED ASSAULT
Tagging Officer: BEERS, FRED D
Entered By: BEERS, FRED D
Date Occnrred: 03/1612014
Persons Involved:
Person Type
Person Name
Person Address
Person Pbone
,
Items Involved:
Owner
D0030342
046
Silver
0.00
Color
Evidence
Barcode
Item #
PIE Type
Brand
Audio recordings of interviews
Notes
Verbatim
Serial ##
Amount
Weight
Article
Description
CDIDVD
Location Found
Model
RdNE
DVD-R
18 CASE
#14-23-3-0081
ORIGINAL
REPORT
ATTACHMENTS
HC-1 THRU HC-S
14-'23683
14-23683
14
18
And he went from that to
1 were tinted, he'd take them off and he would
2 utilize his hand to block the sun, to see who's
3 coming through the gate.
4
DET. STONE:
Gotcha.
5
DET. KEITH SANDY:
So every time I knew --
6 that's how I knew -- I knew a tactical officer or
7 somebody could come through the gate, because he
8 would stop talking and he would block the sun with
9 his hand and look at it.
10 After he looks to see where Ken Ronzone's
11 dog is at and the northern team, trying to identify
12 where they're -- locate where they're at, he begins
13 to rant that he was assaulted by the uniformed
14
officers.
He says they pointed his guns -- their
15
guns at him, they assaulted him.
Weimerskirch told
16 him, "Yes, but you had the knives." He said, "Why
17 don't you put the knives down and come down to us."
He refused.
He said he has the right to
19 protect himself -- excuse me -- and he then refused
20
to put the knives down.
He then changed from
21 protecting himself to talking about a motel
22
voucher.
He said his identifica- -- he went into
23 how his ID had been stolen; that he wasn't able to
24
get a hotel room.
He wanted us to get him a
25
week-long motel voucher.
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(505) 238-8726
14- 2 368 3
15
1 saying that he was would rather stay in a motel.
2 He didn't really feel that we had to put up the
3 money for a hotel.
A Motel 6 would be fine. He
4 didn't need to stay at -- he started naming off
5 some higher-end hotels.
6
Then he went into stating about the security
7 system, "I can secure my" -- .tI'm secure in a motel
8 room, it will be secure around me and I'll be fine
9 and secured in a motel." And he kind of just
10 stayed on that for just -- for a minute.
11
He stopped at a hotel and became agitated
12
because of my rifle.
He started yelling.
He says,
13 "The officers are" -- "you officers are continuing
14 to assault me by pointing rifles at me."
15 He became more agitated and he reaches his
16 hand into his right pocket, his right hand into his
17 right pocket, and he pulls out a folding-blade
18 knife.
It's -- it was a plastic handle.
I could
19 see it real clear through the magnification of my
20
rifle, the optics on my rifle.
It was a plastic
21 handle.
It had a crosshatching on it, and the
22 blade was shaped just as I've drawn here in my
23 notes.
It was -- this just came to a point and it
24 had that large lug on the side so that you could
25
open it with your thumb.
It was a locking-blade
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14-23683
16
16
Once I get it adjusted, next thing I think
1 type.
He held it up while he was ranting about
2 being assaulted and then he would put it in -- put
3 it in his pocket, but he put it in his pocket with
4
the blade open and up.
So he put the handle in his
5 pocket first and left the blade sticking up.
6 He tells us that the officers assaulted with
7 their handguns.
And what happens if the governor's
8 son was up there underneath that rock, just up
9 there to read a book or to hang out, and if we
10 would have done the same thing, or just some random
11 kid up there, we would treat it the same way.
12
During this time, the sun is really starting
13 to go down.
The shadows -- there's black shadows
14 and it's becoming a little more difficult to see
15 things around where he's at and -- because of the
terrain, where he's located on that rock.
I turn
17 on my -- I start going through like a checklist if
18
it gets dark.
I turn on the illumination on my
19
optics, on my CPT.
I hold it against -- I'm still
20
looking at him through the scope.
I hold it
21 against him to ensure that when I turn it on, it's
22 not so bright that it washes him out or affects my
23 ability to see his hands and clearly see him.
24
25 of is if it gets dark up here, at this point, where
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(505) 238-8726
17
17
He starts to say, "Don't rush up on
1 we're at, I'm the only one that can provide
2 illumination on him and it is with nothing more
3
than my rifle-mounted light.
I knew this was going
4 to pose a problem for us, especially up in the
5 mountains there, no ambient light.
6
So we decided at that point, because it was
7 getting dark, because of the lack of -- the shadows
8 were going away and it was kind of hard to see him
9 as he moved along this rock feature here, we moved
10 to a larger rock where the uniforms were
11
originally, and stayed here.
This allowed us to
12 see the majority of the area where he was at as he
13 would pace.
14
There was still a game trail that came down
15
this way.
We're still below him in elevation.
16 He -- once we got to this area here, he begins to
get agitated and was moving around the rocks.
And
18
Anthony Sedler arrives.
He has a beanbag gun.
He
19 stays with us just for a brief period of time and
20 then leaves and goes to the north containment team.
21
While we're there, it was -- the male became
22 (inaudible) .
23 me, because you will lose."
24 As Weimerskirch is talking to the male, he
25 becomes upset and begins yelling at Weimerskirch.
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(505) 238-8726
14-23683
18
20
He -- he says
1 And he yells down, "Maybe I should come down there
2 and kill you right now." And he puts his hands in
3 his right pocket and starts walking towards us in
4 an aggressive manner.
5 I still had him in my scope, watching his
6 hand.
I couldn't see -- I could only see the upper
7
portion of his hand and wrist.
And as he got
8 closer, Rick Ingram came up and pointed the Taser
9
shotgun in his direction.
It was at that point the
10 male just stopped, turned around, and retreated
11 back up the hill.
12 He started talking about being in prison
13 when he was up there -- when he returned up there.
14
He said, "I was in prison.
I just got out of
15
prison five months ago.
While I was in prison, I
16 was murdered twice and committed suicide twice."
17 It was at that point he pulled a knife from each
18 pocket and held it about chest level and, again,
19 was ranting about how he had been murdered and how
he committed suicide.
At the end of that, he
21 turned the knives around, put both of them in
22 handle first and blades up.
23 Weimerskirch asked him at that point what it
24
would take to get him off the hill.
25 that -- he goes back to the week-long voucher at
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(505) 238-8726
14- 2 368 3
19
16
Weimerskirch had had dialogue
1 the motel.
He wants that week-long voucher, "What
2 are you guys doing to get that week-long voucher at
3 the hotel?"
4
And Rick Ingram tells him, "We can't do
5 anything until we come off" -- "we get off of this
6 mountain, we get off this hill."
7
Then as we're talking to him about that, he
8 sees the State Police sergeant, Chris Ware, at the
9
bottom again and becomes agitated with him.
He
10 yells at him, saying, you know, "I'm going to kill
11 these guys, but I'm going to bring them back to
12 life, and I'm going to come down and kill you."
13 And he says, "I'm the angel of Jesus."
14 And he had earlier gone and gotten a
15 sandwich from his tent and it was at that point he
threw the sandwich at us.
He also had a dinner
17
roll from like Church's Chicken.
He threw that at
18 us as well.
When he threw the sandwich at us, it
19 kind of landed next to us and the dog tried to get
20 it.
And everything stopped for a minute and he
21
looked and he said, "Well, he can have it.
I got
22 another one." And he got calm there for a minute.
23
It was during this time that we began to put
24
a plan in place.
25 with Sergeant Fox regarding the sun going down and
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15n~1 ?iR_R7?~
14-23683
20
16
And obviously with
1 "it becoming dark and once we were at dark, it was
2 going to put us at a great disadvantage with him.
3 We began to put a plan in place, a layered
4 approach, which you'd use a flashbang, Taser
5
shotgun and the dog.
Prior to doing -- initiating
6 our plan, we -- we moved more parallel with him,
7 not up to him, but we moved up to where we were
8
parallel with him on the mountain, right here.
And
9 this is our -- and this is our final position.
10
DET. STONE:
Could you move it like to the line
11 to like movement to your second and then third
12
DET. KEITH SANDY:
I can -- I can number it, I
13 guess.
14
DET. STONE:
Yeah, that'll work.
Yeah,
15 perfect.
DET. KEITH SANDY:
So this would be our final,
17 third.
18
DET. STONE:
Okay.
19
DET. KEITH SANDY:
So now we're parallel with
20 him.
Because the light is getting so low, we need
21 to be at a point where we can see him and see
22
exactly where he's going to reach in.
He had moved
23 some bags around, so I wanted to be able to see
24 those bags and see what was in them, if he
25
retrieved anything from them.
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(505) 238-8726
14-23683
21
15
He has a big
1 it becoming dark, containment would -- the lack of
2 ambient light was going to be an issue.
3
As we got up there, he threatened the dog.
4 He said -- he pulled out his knife and said, "I
5 don't want to kill that dog, I love animals, but I
6 will. Don't send him .. "
7
He goes -- then he goes to his camp, where
B now, because we changed our position, I could see
9 all the way across, he's got a stack of clothes
10 laid out.
He puts a gray hoodie that says "Gap"
11 cross it.
He puts on a baseball cap backwards, and
12 then tries to put like a camera bag, a small camera
13 bag over his shoulder, kind of like a satchel, and
14 a baseball cap (inaudible), so he takes it off and
leaves it off.
He says -- when he puts the hoodie
16 on, he says, "If you guys" -- "if any blood gets on
17 this, whether it's my blood or yours, I'm going to
IB be pissed.
This was a gift."
Once he gets it on,
19 he sticks his hands in the pocket of the hoodie and
20
pulls out a small, key chain-size Mace.
And he
21
says, "I got Mace, too," he says, "for the dog.
I
22
know dogs don't like that."
And so he puts it back
23 into his pocket.
24 He walks to the edge of this rock formation
25
here and picks up a backpack.
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15
He keeps talking
1 backpack just jammed with stuff and a small blue
2 bag.
And he stands up and he starts walking
3 towards us.
Weimerskirch tells him to put the
4 knives down.
5
He becomes agitated and refuses.
He said he
6 doesn't want to -- he says, "It's my right to be
7 armed," and he says, "You don't tell me what to do.
8
I'm in charge."
He also picks up a large Styrofoam
9 cup, big, from a gas station, and starts walking
10 towards us.
Weimerskirch tells him, "Then put your
11 hands on your head for me."
12
He says, "I'm not going to put my hands on
13 my head."
He puts his backpack down and he sets
14 the cup down and says, "That's what people do when
they're getting arrested.
You're not arresting
16 me. n
17
He walks back up to the top, where he
18 originally was, back towards the northern
19 containment team, and yells at them, "He's changing
20 the agreement, you can't change the agreement."
21 And he then tells us that we're assaulting, he goes
22 into talking about assault, and he says if we were
23 I think it was at a bus stop or a bar, he could
24
kill us because we assaulted him.
25 about Skirch changing the agreement.
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19
And as he stood up, I threw the
1 It was during this time he -- the male was
2 obviously contemplating coming off the mountain but
3
not allowing us to take him into custody.
Rick
4 Ingram got on the radio and stated that we needed
5 another impact weapon up at the -- at our location.
6 Kim Fox responded by saying he was going send up a
7
Taser shotgun, we told him we already had one.
He
8 said, "I'm sending you a beanbag gun now.".
9 And Rick asked him to expedite because the
10 male was ranting and wanting to walk off the
11 mountain, but not with us being able to take him
12 into custody.
13
Because of our plan, the layered plan, with
14 the flashbang diversionary device, I had taken it
15 out of my pouch and put it into my belt pouch,
16 which is a larger bag on the side of my vest that
17 would enable me to retrieve it without it hanging
18 up on any flaps or sn-aps,
As he bent over, Skirch said -- Weimerskirch
20 said, "Bang him now." I took the bang out, put it
21 in my right hand and I moved over and I concealed
22 my movement and my actions behind Weimerskirch so
23
he couldn't see it.
The male was bent over, he
24 picked up the backpack, picked up the cup, picked
25
up the blue bag.
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18
As the dog got to
1
flashbang.
It landed directly in front of him and
2 then bounced to his right side in a small crevice
3 of rocks and it deployed from there.
4
When it deployed, it had not the expected
5 results.
I would "have expected him to flinch, to
6 be stunned, to be a bit confused from the
7 overpressure, the noise, and just the light in
8 itself, because he did look at it when it
9 detonated.
It didn't show any effects on him.
10
Instead, he took his backpack and his cup
11 and he threw them on the ground in an aggressive
12 manner and kind of -- I guess the best way to
13 describe it, the way that I perceived it, was like
14 when the hockey players are on the ice and they're
15 going to fight and they take their gloves, and
16 that's -- that's how I perceived it, is he took it
17 and just threw it on the ground, and he stood up.
It was at that point that Rick Ingram fired
19
a shotgun Taser round.
Again, knowing -- expecting
20 what it should do, I didn't see the results we were
21 expecting.
Rick Ingram fired a second shotgun
22
Taser round.
Again, not seeing any effects from
23
the shotgun Taser.
Knowing that we only have
24 20 seconds for the shotgun Taser, the dog was
25 deployed.
The dog got to him.
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17
He pulled the male --
1 him, with this 20 seconds, we began to move towards
2
the male.
And from where we were moving, there's a
3
small game trail.
And this game trail is literally
4 that, it's a very narrow walkway and it's got
5 cactus, heavy, heavy cactus all along it, and
6 rocks.
So you -- your movement is dictated by
7 those rocks and that cactus.
8 As the dog's deployed, he travels along the
9
game trail, and the dog gets to the male.
We start
10 to move towards him, and Weimerskirch, because of
11 the game trail, he steps in front of me and I
12 couldn't see the male, but -- Weimerskirch was
13
between the male and I.
As the dog approached him,
14
the male put his hands out in front of him.
And as
15 the dog got to him, I couldn't tell if the dog bit
16 him or if he pulled his hands away, but the dog got
to him and turned around and came back.
He put his
18 hands up and then immediately stuck them into his
19 pockets.
As he stuck them into his pockets, the
20 male -- Weimerskirch was between myself and the
21 male.
Because of the narrow game trail, I was
22
trying to get around him.
23 the knives out in both hands, held them at chest
24 level and took a defensive posture.
25 Once Weimerskirch's dog came back to him, he
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23
I fired a third round, and
1
knelt down and got to the dog.
I stepped around
2 Weimerskirch and kind of over him in a manner to
3 protect him and also to keep him where he's down,
4 where he's not going to rise up in front of my
5 muzzle.
I come up, I had -- I made the decision
6 that because of the proximity and the knives that I
7
was going to engage him with my rifle.
It's a
8 department-issued rifle, duty rifle that I'm
9
currently qual'd on.
The optics on it are
10 department-issued.
11
I come up, I held center mass, and I went to
12
press my first round.
As I did, I observed the
13 male through my scope turn from squared off to me.
14
He began to turn towards the left.
As I was
15 processing it, in my mind, I could see him as now
16 changing his position and attempting to flank us to
17 get around from where he was standing to a
18 different position where the dog was in between him
19 and us.
20 As he began to turn, I fired my first round
21 and I fired a second round. And the male was still
22 standing in my -- I could still see him in my
scope, still standing.
24 when I fired the third round, I observed the male
25 fall forward onto his stomach. Once he fell onto
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15
Somebody else was on my left, one of
1
his stomach, he
I heard him say, "It hurts so
2 bad."
We began to say, "Drop the knife, drop the
3 knife. "
4
He refused.
He didn't follow commands.
He
5 said, "I can't move."
6
As -- after the shots were fired, Ken
7
Ronzone came to us with a beanbag gun.
He came up,
8 he announced beanbag, he fired one round, striking
9 him in the lower back and the hip, in the buttocks.
10 And then commands were given, "Drop the knives,
11 drop the knives," with, again, no response.
12
Fired a second round, and again, commands
13
were given, no response.
It was at that point that
14
Weimerskirch deployed his dog.
The dog bit the
male on the calf.
And then once the dog began to
16
shake him, again, no response.
That's when it
17
showed he was acknowledging the bite.
Weimerskirch
18
went up, off'd his dog from the male.
And as we
19 were going up, I observed his right hand was bent
20 this way, with his palm up and a knife in his hand.
21 I observed his left arm was underneath his head,
22 also with the knife in his hand.
23 Weimerskirch stepped on his right wrist,
24 cleared the knife from his right hand, cleared
25 above him.
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15
Okay.
1 the other tactical officers, I don't know who it
2 was, cleared the left hand. I held on the male
3
while they put him in cuffs.
Once he was in cuffs,
4 Dominque Perez and I stepped up into the area which
5 he had his belongings on the rock formations there
6 and cleared those to ensure there wasn't anybody
7 else up in that area.
8 It was at that point where it was getting so
9 dark that we hadn't had to utilize the lights on
10 our rifles to clear that area, see within the
11 shadows of the rocks and the dark areas up there.
12 At that point, once he was in custody, the
13
handcuffs were placed on him.
I stepped off and
14 walked down the hill and returned to the CPo
DET. STONE:
Okay.
And that ended the
16 involvement?
17
DET. KEITH SANDY:
Yes.
18
DET. STONE:
Cool.
All right.
I'm just going
19
to go back a little bit.
I'm just going to ask you
20 to clarify some questions.
21 So when -- when you arrived on scene, what
22 were you driving?
23
DET. KEITH SANDY:
I drove my SID (inaudible)
24 brown Ford, F-150.
25
DET. STONE:
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16
And initially, I was carrying a shotgun
1
DET. KEITH SANDY: My issued unit.
2
DET. STONE:
And that's a pickup truck?
3
DET. KEITH SANDY:
Yes, sir, it is.
4
DET. STONE:
Okay.
And you had mentioned that
5 you had put on like your -- it was like a tactical
6 vest?
Is that
7
DET. KEITH SANDY:
Yes.
8
DET. STONE:
Okay.
9
DET. KEITH SANDY:
It's a green plate carrier,
10 with high-visibility patches identifying -- that
11 read "Albuquerque Police Department Police," and
12 then I have another one that says "ROP" on the
13 back, for Repeat Offender Project.
14
DET. STONE:
On the back of it?
15
DET. KEITH SANDY:
Yes.
DET. STONE:
Okay.
So you were clearly visible
17 as a police officer?
18
DET. KEITH SANDY:
Yes.
19
DET. STONE:
Okay.
What guns were you carrying
20 that day?
21
DET. KEITH SANDY:
I had carried my personal
22 have a Kimber .45, personally owned, which I'm
23
qual'd on through the department.
I was carrying
24 my JP rifle, which is department-issued, which I'm
25 qual'd on.
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19
Yes.
1 Taser that I relinquished to Rick Ingram.
2
DET. STONE:
And just briefly describe, why did
3 you pass off the shotgun Taser to Ingram?
4
DET. KEITH SANDY:
I had -- I was already
5 holding lethal coverage on the male for the.
6
uniforms that were out there.
I didn't want to
7 give it up for fear that while I'm giving it up,
8 something happens, I'm not able to address any
9
threats that may arise.
I just had him take it off
10 of my shoulders and I just maintained my position
11 as lethal coverage from the onset to the finish of
12 the incident.
13 DET. STONE:
Okay.
Would it also be -- because
14 I've never actually carried a shotgun Taser before,
15 but when you sling a shotgun, it just kind of hangs
16 down there, if you move around, would -- would it
17 be like a regular shotgun, just kind of flap around
18 (inaudible) ?
DET. KEITH SANDY:
Yeah.
It makes it difficult
20
to navigate the terrain.
It's kind of a counter
21 balance in stability in that terrain for
22 especially if you're on lethal coverage.
23 DET. STONE: Okay.
So your primary focus on
24 the team was lethal coverage?
25 DET. KEITH SANDY:
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14
So the only way the navigate
1
DET. STONE:
Okay.
And Rick Ingram was taking
2 up the role of the nonlethal coverage?
3
DET. KEITH SANDY:
Yes, sir.
4 DET. STONE: Okay. What other equipment did
5 you have on your -- on your person at that time?
6
DET. KEITH SANDY:
I have extra rifle
7
magazines, pistol magazines.
I have flashbang and
8 a handheld Taser.
9
DET. STONE: Handheld Taser?
10
DET. KEITH SANDY:
Yes.
11
DET. STONE:
Okay.
Now, with the your Kimber,
12 did you ever pull that out or use that at all?
13
DET. KEITH SANDY:
No.
DET. STONE:
Okay.
So this guy, he's out up in
15
the foothills area.
Can you just kind of describe
16 the terrain that you were seeing when you got
l7 there?
18
DET. KEITH SANDY:
It was a large hillside.
19
DET. STONE:
Uh-huh.
20
DET. KEITH SANDY:
Extremely rocky and very
21 thick in cactus.
22
DET. STONE:
Okay.
23
DET. KEITH SANDY:
24 that area is through game trails, narrow paths that
25 cut through the cactus and the rock.
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16
It
1
DET. STONE:
Okay.
Were there a lot of areas
2 that were like flat ground, or was it like steep?
3
DET. KEITH SANDY:
No.
It was all steep.
It
4 was all -- it was -- it was inclines and grades.
5 Even where we put ourselves on a -- at a parallel
6 with him, it was still -- he still was above us, it
7 was a grade at a downward angle towards us.
8
DET. STONE:
Okay. And what about his
9 position?
Did he seem to have more of a flat area,
10 or was it steeper (inaudible)?
11
DET. KEITH SANDY:
Behind this rock here, it
12
was all flat.
It was a flat area right behind here
13 that he moved back -- paced back and forth.
14 Outside of that, it was -- it was downward angles
15 and downgrades (inaudible) that.
DET. STONE:
Okay.
So he was on a more flat
17 stable ground than you guys were?
18
DET. KEITH SANDY:
Yes.
19
DET. STONE:
Okay.
20
DET. KEITH SANDY:
He was at a more
21 advantageous position than what we were because of
22 his -- the rocks, because of the level ground, and
23 because of the downward angles and the grades for
24
us, which he could have covered quickly.
25 definitely would have reduced our reactionary gap.
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1
It would have closed that up.
That's why we tried
2 to move up on a parallel with him __
3
DET. STONE:
Okay.
4
DET. KEITH SANDY:
-- so that it was more
5 advantageous to us and kind of take that away from
6 him.
7
DET. STONE:
Okay.
All right.
And you
8
mentioned a game trail.
Did it appear as though
9 this is a manmade trail or just kind of a
11
10 natural
DET. KEITH SANDY:
I can't -- I can't tell you.
12 I know that it's -- it's worn from whether it be
13 people hiking or animals moving along that area.
14
15
DET. STONE:
Uh-huh.
DET. KEITH SANDY:
It's wide enough for one
17
16 person.
DET. STONE:
Okay. Okay.
But was it a lot
18 different than this -- this trail down here, the
19 running trail?
20
DET. KEITH SANDY:
This is like a maintained
21 running trail.
22
23
DET. STONE:
Okay.
DET. KEITH SANDY:
It's probably every bit as
24 wide as I would say probably close to 3, 4 feet
25 wide, and it's just gravel or dirt, and it's
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11
And that was the
1 maintained.
2 DET. STONE:
Okay.
So I know you had mentioned
3 he had brought up the fact that he was possibly
4 looking for a hotel voucher, a motel voucher.
5
DET. KEITH SANDY:
Yes, sir.
6
DET. STONE: And was that something that he was
7 wanting you guys to provide for him?
8 DET. KEITH SANDY:
Yes.
9 DET. STONE: Okay.
And about how many times
10 did he request that approximately?
DET. KEITH SANDY:
Three to tour.
12 DET. STONE:
Three to four? And you'd
13 mentioned that when you guys arrived on scene, you
14 had confirmed that you had -- or that the officers
15 that initially responded had felony charges on him?
16 DET. KEITH SANDY:
Yes.
17 DET. STONE:
And what were those charges again?
18 DET. KEITH SANDY:
It was determined that it
19 was an aggravated assault on a peace officer.
20 DET. STONE:
Okay.
So the whole -- was the
21 whole intent of this incident taking this person
22 into custody because he had committed those crimes?
23 DET. KEITH SANDY:
Yes.
24 intent of our plan in a layered approach, where he
25 was given -- with each layer of the approach, he
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16
"And you're not arresting
1 would have had the opportunity to surrender, be
2
taken into custody.
The flashbang, that was the
3 first layer.
He had the opportunity at that point
4 to realize that that was the time for him to
5 surrender and be taken into custody. The shotgun
6 Taser was -- realizing that now we're deploying
7 less lethal munition on him, he could at that point
8 surrender and be taken into custody. And then the
9 dog deployment, again, the same thing, for him to
10 be -- it's at that point where he was -- he had the
11 opportunity to surrender and be taken into custody.
12 DET. STONE:
Okay.
And you had mentioned that
13 there was a point where Weimerskirch told him to
14 put his hands on his heads -- or his hands on his
15 head?
DET. KEITH SANDY:
Yes.
17 DET. STONE:
And he stated that he wasn't going
18 to do that because that's what you do when you're
19 going to jail?
20
DET. KEITH SANDY:
His direct quote was, "I'm
21
not going to do that.
That's what people do when
22 they're being arrested."
23 DET. STONE:
Okay.
24
DET. KEITH SANDY:
25 me."
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13
His
1
DET. STONE:
Okay.
So he specifically stated,
2 "You're not going to arrest me," or something to
3 that effect?
4
DET. KEITH SANDY:
Yes, sir.
5
DET. STONE:
Okay.
You had stated that
6 throughout this thing, he was claiming to be like a
7 bunch of various, different like government
8 entities, like DOD, or something like that?
9
DET. KEITH SANDY:
He stated that he wanted to
10 talk to them, "I want to talk to the Department of
11 Defense, OSI, CID and the FBI," regarding
12 information that he had that was a matter of
national security.
He wouldn't tell us what that
14 was.
He -- he never would elaborate on that, only
15 that he wanted to talk to those entities about this
16 information that he had.
17 DET. STONE:
Okay.
Did that appear like at all
18 credible to you or anyone on scene?
19 DET. KEITH SANDY:
No.
He talked about having
20 millions in his possession, and then it went to
21 billions in his possession. And then he began to
22 talk about the economy and how it was going to fail
23 in a couple months and he had information regarding
24 all of that.
So none of that seemed credible.
25 rants about child molesting, accusing the officers
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And in order to
37
1
on scene of being child molesters.
Being the angel
2
of Jesus.
None of that was really rational.
3
DET. STONE:
Okay.
You had mentioned when he
4 started speaking about one of the State Police
5 officers he mentioned something about taking your
6
hat or taking his hat.
Do you know what he was
7 meaning by that?
8
DET. KEITH SANDY:
You know, he said, "I'll
9 come down there and cut you up and take your hat.
10 I collect hats."
11
DET. STONE:
Okay.
12
DET. KEITH SANDY:
So I think that he was
13 wanting to take his hat for his hat collection, and
14 he was going to take it after he -- like he said,
15 "I'll come down and cut you up and take your hat."
DET. STONE:
Okay.
You had mentioned that this
17 is the time of day where the sun is going down?
18
DET. KEITH SANDY:
Yes, sir.
19
DET. STONE:
In this area of the foothills, up
20 in the terrain where you guys were dealing with, is
21
that area equipped with like
like lighting like
22 you would see on the streets or anything like that?
23
DET. KEITH SANDY:
No.
As I stated, the only
24 light that could be provided if it got dark there
25
would be my rifle night light.
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9
And you had mentioned that
1 contain him on that hillside in the dark, is it
2 would have been impossible.
It would have been
3 trying to keep track of his movement and
4 maintaining the night darkness with the rocks and
5 the trees and cactuses that were up there. It
6 would have been impossible. It was -- there was a
7 dialogue between Sergeant Fox and Weimerskirch
8 about taking the m~le into custody prior to it
getting dark. Even to have portable lights brought
10 up to our location would have been impossible --
11 almost impossible.
12 DET. STONE: Okay. You had mentioned that you
13 guys were setting up kind of like a perimeter
14 around him, like, you know, with a north unit and a
15 south unit. Based on your training and experience
16 as a police officer, when you're trying to effect
17 arrest on a subject, is it typical that you guys
18 would try to contain him in one area?
19 DET. KEITH SANDY: Yes. It inhibits his
20 movement in different directions and it keeps him
21 in a certain area where we're able to control the
22 situation and maintain the ability to watch him and
23 ensure that -- their safety and ours.
24 DET. STONE: Okay.
25 when you got there, you had come through someone's
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DET. STONE: All right. When you got out
1 yard and out the fence?
DET. KEITH SANDY: Yes.
3 DET. STONE: Okay. Were there other houses
4 down there?
5 Yes. The whole area of Open DET. KEITH SANDY:
6 Space there, from Copper north is aligned -- is
7 lined with houses. It's a residential area
directly west of it. That's why this decision was 8
9 made as he began to walk off the mountain to take
10 him into custody, to keep him from getting into
11 that residential neighborhood, to make sure of the
12 safety of the residents down there.
13 Okay. Do you remember what day of DET. STONE:
14 the week this was?
15
16
17
DET. KEITH SANDY: Sunday.
DET. STONE: Sunday? Okay.
DET. KEITH SANDY: And there -- there were
18 people home, because when I got -- when I arrived
19 on scene, the residents of 812 was out taking
20 pictures of all the police cars in the street.
21 There were other neighbors kind of meandering
22 around looking at -- trying to figure out what
23 exactly was going on.
24
25 there, when you guys were setting up, did you
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15
But based on what the
1 notice if there were any hikers out there or
2 anybody walking around?
3
DET. KEITH SANDY:
When I initially arrived,
4 above where the male was at, I couldn't see him
5 because of the houses, but there were two males up
6 on -- higher -- on the same hill, just higher above
7 him, and I initially thought that that was the man,
8
the offender.
I got the binoculars out and began
9 to blast the side of the mountain to clear down __
10 to just the rooftops and observed that those were
11 just hikers who were trying to watch what was going
12 on from an elevated located.
13 There was -- while we were standing here at
14 the tree and trying to move the uniforms back,
there was a couple people running by.
They
16
actually stopped.
We told them just to carryon
17
and keep going.
There were -- throughout the
18 incident, there were people contained -- it's north
19 and south.
Containment teams would callout hikers
20 in certain areas just so that we know that they're
21 in the area.
I never saw -- I never had the
22 opportunity to look around other than through my
23 optics at the male.
24
DET. STONE: Okay.
25 officers were radioing, you were aware that there
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12
And that's typical in the
1 were possibly other hikers in the area?
2
DET. KEITH SANDY:
There was absolutely in the
3 area.
4
DET. STONE:
So you had lethal coverage and
5 Ingram had nonlethal coverage, and then
6 Weimerskirch, he's the dog handler, correct?
7
DET. KEITH SANDY:
Yes, he's the dog handler.
8 DET. STONE:
And he had his search dog with
9 him?
10
DET. KEITH SANDY:
Yes, he did.
11 DET. STONE:
Okay.
Was he armed with anything?
DET. KEITH SANDY:
He does have -- he had a
13 handgun on his side, but he -- he never deployed
14 it . It was
that's my job as lethal coverage, so
15 that he can focus on handling the dog, ensuring the
16 dog is watching the male and dealing with the
17 responsibilities that come with being a K-9
18 handler.
So he doesn't have to worry about a
19 firearm and a dog, my responsibility is to provide
20 him cover and provide for lethal coverage, as well
21 as for Rick Ingram, because Rick Ingram has the
22 less lethal munitions.
And that was my
23 responsibility, to provide lethal coverage for both
24 of them.
25 DET. STONE:
Okay.
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15
And then there was another
1 training, for you guys having to not only cover for
2 yourselves but also cover for the dog handler?
3
DET. KEITH SANDY:
Yes, sir.
And less lethal,
4 officers that are armed with less lethal munitions.
5
DET. STONE:
You had mentioned that a couple
6 times throughout the incident he would pull either
7 a knife or two knives out of his pockets?
8
DET. KEITH SANDY:
Yes.
9
DET. STONE:
Were they always out of his pants
10 pocket?
11
DET. KEITH SANDY:
Yes.
Out of his left and
12
right front pocket.
He had a set of BDU pants on,
13 so they were loose.
14
DET. STONE:
Yeah.
DET. KEITH SANDY:
It looked like they were
16 oversized. He placed them in the front pockets of
17 the pants, with the blades up.
18
DET. STONE:
Okay.
Approximately how many
19 times did you see him take the knives out?
20 Approximately.
21
DET. KEITH SANDY:
I know he took them out
22 approximately four.
23 DET. STONE:
Four times?
24
DET. KEITH SANDY:
25 time, where he would place his right hand in his
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I don't know if -- what --
1 pocket where the knife was at and (inaudible)
2 charge towards our location, telling Skirch, "I
3 should just come down there and kill you now."
4 Four times that I saw him.
5 DET. STONE:
Okay.
You mentioned that at one
6 point he picked up a sandwich and threw it in your
7 guys' direction?
8
DET. KEITH SANDY:
Yes, sir.
9 DET. STONE:
And you stated that Skirch's --
10 Weimerskirch's dog kind of went after the sandwich?
11
DET. KEITH SANDY:
Yes.
12 DET. STONE: Okay.
Have you ever seen dogs do
13 that before, like go after food if they see
14 (inaudible) ?
DET. KEITH SANDY:
I don't know if it was a
16 matter of food, or if it was just an object that
17 came--
18 DET. STONE:
Came at him?
19 DET. KEITH SANDY:
came at us.
He threw a
20 dinner roll at us also.
21 DET. STONE:
Dh-huh.
22 DET. KEITH SANDY:
23 what were his thought processes behind it, if he
24 was -- if he was going to range us, to see how far
25 we were so that -- there was a lot of loose rock, a
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Based on your
1 lot of loose debris up there, (inaUdible), or if he
2 was just in an agitated state and that was what was
3 near him and he threw it at us.
4
DET. STONE: Okay.
You had mentioned that he
5 was getting -- he would get irate and he would say
6
that you guys changed the agreement on him.
Did
7 you guys have any agreement with him?
8
DET. KEITH SANDY:
No.
He said that he was
9
going to walk down off the mountain.
Weimerskirch
10 asked him to put down his knife before he did that.
11
He refused to do that.
And then, as he put his
12 backpack on and his (inaudible) and started to walk
13 down the first time, Weimerskirch told him, "Do me
14 a favor.
Put your hands on your head for me."
There was no agreement, there was nothing
16 ever told to him, that these were the steps you're
17 going to take.
And that's when he put his backpack
18 down and started -- and he walked all the way to
19 the north and told them, "You changed the
20 agreement," and then came back to us.
21 DET. STONE:
Okay.
All right.
22 training, when you're trying to apprehend or take
23 someone into custody for felony charges, is it
24 typical to -- especially if they're armed with
25 anything, any kind of weapon, is it typical just to
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Yes.
1 allow them to walk away or towards you?
2
DET. KEITH SANDY:
No.
3
DET. STONE:
Okay.
At one point you say Ingram
4 had requested another impact weapon to the scene?
5
DET. KEITH SANDY:
Yes.
6
DET. STONE:
And Jim Fox said he was going to
7 send a Taser shotgun, but he specifically requested
8 a beanbag?
9
DET. KEITH SANDY:
Yes, sir.
10
DET. STONE:
Did you know why Ingram wanted a
11 beanbag there as well?
12
DET. KEITH SANDY:
It was an extra impact
13 weapon with -- where a shotgun Taser wasn't
deployed (inaudible) impact.
It's an electronic
15 device.
He wanted the beanbag there as an impact
16 weapon just as another layer in our plan.
17
DET. STONE:
Okay.
And you had mentioned that
18 when you had deployed the bang, you threw the
19 flashbang, it didn't appear that it achieved the
20 desired effect.
Had you had previous training with
21 flashbangs?
22
DET. KEITH SANDY:
Yes.
23
DET. STONE:
Have you seen the deployment of a
24 flashbang at, say, other suspects
25
DET. KEITH SANDY:
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And this type of
1
DET. STONE:
in the past?
2
DET. KEITH SANDY:
Yes.
3
DET. STONE:
And what is the typical response
4 you see when a flashbang goes off in front of a
5 suspect?
6
DET. KEITH SANDY:
I've not only seen
7 flashbangs' effect on other people, I've been also
8 subject to their blowing up and (inaudible) within
9 my immediate area.
10
DET. STONE:
Okay.
11
DET. KEITH SANDY:
It's five pounds
12 overpressure.
It's going to have (inaudible)
13 light.
And it's extremely loud.
It's -- I've seen
14 flashbangs deployed and completely knock people off
15 their feet. And I've seen where it deploys,
16 detonates, and it stuns an individual to where it
17 takes them a minute to regain their thought
18 process.
19 When I've experienced a flashbang
20 detonating, it -- your ears ring, it's super hard
to hear.
And with that overpressure, it doesn't
22 it's kind of -- it takes you a minute to regain
23 like a thought process to be able to figure out
24 what you need to do.
25 DET. STONE:
Okay.
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14
Had you ever felt the effects of a Taser
1 disorientation, does this guy -- does this give you
2 guys like an opportunity or an advantage to -- or
3 assist you in taking someone into custody?
4
DET. KEITH SANDY:
It does give us an
5 advantage.
It creates a reactionary gap where he
6 is trying to gather himself back together, and it
7 allows us to close distance and get to where we can
8 get to him in a safe manner.
9
DET. STONE:
Okay.
And you said that on this
10 particular -- with this particular subject, it
11 seemed to affect him differently?
12
DET. KEITH SANDY:
It didn't really affect him
13
as -- as it should have.
He looked at it.
It
landed at his feet, bounced to his right.
He
15 looked down at it when it detonated.
16
DET. STONE:
Okay.
17
DET. KEITH SANDY:
And the only thing I saw was
18 him stand straight up and go step on the ground
19 like in an aggressive manner.
20
DET. STONE:
Okay.
So it did not achieve the
21 desired effect that it usually achieves?
22
DET. KEITH SANDY:
Did not.
23
DET. STONE:
Okay.
Let's talk about Taser
24 training.
25 before?
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12
When -- after he fired the first round, and
1
DET. KEITH SANDY:
Yes.
2
DET. STONE:
So have you ever seen the effects
3 of a Taser on another individual?
4
DET. KEITH SANDY:
Yes.
5
DET. STONE:
Okay.
You had mentioned that Nick
6 [sic] Ingram had deployed his Taser shotgun twice,
7 right after the flashbang?
8
DET. KEITH SANDY:
Yes.
9
DET. STONE:
Okay.
Did the subject appear to
10 be presenting what you normally would see in a
11 person who was feeling the effects of a Taser?
DET. KEITH SANDY:
I would expect him to
13
his -- it to lock up his -- his muscles.
It was
14 the conversation -- once the male put the hoodie
15 on -- I could see prior to that he had two T-shirts
16 on, then the shop shirt, and then he put the hoodie
17 on. And Rick and I had dialogue regarding the fact
18 that there was too many layers on his upper torso
19 for the Taser shotgun to effectively -- the barbs
20
to effectively contact the skin.
We decided that
21 he needs to attack the lower extremities, the legs
22
with the Taser shotgun.
We couldn't tell if he was
23 layered in pants.
24
25 there was -- I didn't see the effect, I didn't see
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There was -- numerous
1 his legs lock up, I didn't see him waiver. He
2
stood still.
The second round was fired. Again,
3
not the desired effect.
The only thing I saw him
4 do is bend over, and I think that that was more to
5 address the approach~ng K-9, that he put his hands
6 out front.
7
DET. STONE:
Okay.
And while Ingram is
8 deploying this Taser, is this at the time when you
9 guys are now closing distance with the subject?
10
DET. KEITH SANDY:
His first round, we were
11 not.
12
DET. STONE:
Okay.
13
DET. KEITH SANDY:
On the second round that's
fired, I had already taken a couple of steps.
I
15 remember stepping off, having a couple steps, and
16 then hearing them fire the Taser shotgun again.
17
DET. STONE:
Okay.
18
DET. KEITH SANDY:
So we were closing distance
19 at that point.
20
DET. STONE:
Okay.
And while you were guys
21 were closing distance, do you remember giving or
22 anyone'giving verbal commands to the subject?
23
DET. KEITH SANDY:
Yes.
24 officers were saying, "Get on the ground, get on
25 the ground." Once the flashbang detonated commands
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14
When Weimerskirch released
1 began, "Get on the ground, get on the ground, get
2 on the ground," to which he never showed any intent
3 to comply with those.
4
DET. STONE:
Okay.
And this -- these movements
5 and these commands, are these typical training when
6 you're taking someone into custody?
7
DET. KEITH SANDY:
Yes.
8
DET. STONE:
Or I should say typical practice?
9
DET. KEITH SANDY:
Yes.
10
DET. STONE:
Okay.
Being in the position that
11 you're in and the job that you have, have you seen
12 before when dog handlers release their dogs for
13 apprehension?
DET. KEITH SANDY:
Yes.
15
DET. STONE:
Okay.
Is it typical for a dog to
16 go up to a subject and then immediately come back
17 to the dog handler once it's been released?
18
DET. KEITH SANDY:
I don't -- I've seen K-9s
19 deployed, but I don't know enough about K-9s, nor
20 do I -- have I been involved enough with K-9
21
(inaudible) to answer that.
I can't speak on
22
behalf of the dog or the handler.
I don't know
23
their training and I don't know
I don't -- I
24 don't know enough about it.
25
DET. STONE:
Okay.
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11
But
1 his dog and the dog got up to the subject, about
2 how close do you think you guys got to him, the
3 subject?
4
DET. KEITH SANDY:
We were close.
We were --
5 when I saw his knives come out and, like I said,
6 Weimerskirch was in front of me, I know I was
7 within 20, 25 feet when the knives came out.
8 Weimerskirch was in front of me.
9
I know by the time I stepped around
10 Weimerskirch and was able to engage the male, we
were closer than that.
I would say within 10,
12 12 feet.
13
DET. STONE:
Have you ever had any training or
14 experience on when encountering a subject with
15 like, say, an edged weapon (inaudible) like that
16 and what the distance between you and him and __
17 kind of like the threat level?
18
DET. KEITH SANDY:
21-foot Tueller drill?
19
DET. STONE:
Exactly.
20
DET. KEITH SANDY:
Yes, sir.
21
DET. STONE:
Okay.
22
DET. KEITH SANDY:
That -- and that is -- that
23 was skewed as a result of us being on the hillside,
24
and the downward angle was twice the distance.
25 the reactionary gap was cut in half because of the
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12
So you had mentioned that when you
1 momentum that he gains as he moves towards -- moves
2 in the down -- the downhill grade.
3
DET. STONE:
Okay.
So it would be different
4 than, say, if he was on a street or a sidewalk __
5
DET. KEITH SANDY:
Yes.
6
DET. STONE:
-- that's pretty level?
7
DET. KEITH SANDY:
Yes, sir.
8
DET. STONE:
So when you guys are moving up
9 towards him, the dog has come back, and he now has
10 taken his knives out and put them at chest level __
11
DET. KEITH SANDY:
Yes, sir.
DET. STONE:
-- what did you think he was going
13 to do at that point?
14
DET. KEITH SANDY:
It was at that point that,
15 with the statements he had made, his aggressive
16 maneuvers towards us, our close proximity is -- I
17 was in fear for myself, for Scott Weimerskirch, for
18 Rick Ingram, that one of them might have been
19 seriously injured or fatally wounded at that point.
20
DET. STONE:
Okay.
So you thought that he was
21 going to stab one of you guys?
22
DET. KEITH SANDY:
Yes, sir.
23
DET. STONE:
24 had finally moved into a position where you could
25 take your shot, you said he had moved kind of to
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15
He was
1 the left?
2
DET. KEITH SANDY:
It wasn't -- when I -- when
3 I gained my position, it was -- I was up, I had my
4
reticle for my optics center mass.
I remember
5
seeing the gap on his chest in my optics.
I had
6 disengaged the safety on my rifle and I had made
7 the conscious decision to fire my rifle.
8
As I was beginning -- going through this, he
9
began to move his body to the left.
As I'm
10 processing that, I'm thinking to myself, he's going
11 to try to flank around the dog and move I guess to
12 the east and then to the south in a quick little
13 (inaudible) maneuver, in order to get the dog from
14 getting between him and us.
Now, that would have taken -- the way that
16 with the rocks and the way that Weimerskirch and
17 I was were situated, it would have taken a lot of
18 time to recover and adjust and address him had
19 he -- the way my mind and my perception, is that
20 was his plan.
As he was turning to the left, I
21
fired my first shot center mass.
I followed it
22 immediately with a second shot.
23 And after this -- I remember pUlling the
24 trigger twice, coming off the trigger with my
25
finger, and staying on him with my optics.
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1 still standing, he. was still -- had motor skills.
2 I put my finger on the trigger and fired a third
3 time.
As I did that, that's when I saw his body
4 fall forward -_
5
DET. STONE:
Fall forward?
6
DET. KEITH SANDY:
-- and land on his stomach.
7
DET. STONE:
Okay.
Were you able to see -- and
8 I know you're trained in on your optic now, but
9 were you able to see if he ever dropped the knives
10 at any time?
11
12
13
DET. KEITH SANDY:
I did not.
DET. STONE:
Okay.
DET. KEITH SANDY:
And I know -- I know that
14 because, as we approached him, once he was on the
15 ground, both knives, he was still clenching both
16 knives. (Inaudible), he was clenching them still
18
17 in both his right and left hand.
DET. STONE:
Okay.
While this was going on, do
20
19 you know if anyone else around you shot?
DET. KEITH SANDY:
I didn't hear other shots.
21 But I can go to the auditory exclusion, but once we
22 had gone up and Domingue Perez and I cleared the
23 area where his -- his belongings were __
24
25
DET. STONE:
Uh-huh.
DET. KEITH SANDY:
and in the rock
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1 formations up there, it was at that point that
2 Domingue said, "I need to get myself off this
3 mountain," and I turned and asked him, "Did you
4 shoot also?" he said, "Yes," that was it, that was
5 the end of our conversation.
6 And then he -- I walked down and he walked
7 down and I didn't see him the rest of the night.
8
DET. STONE:
Okay.
All right.
Is there
9 anything else, Keith, that you think is important
10 that I have not asked you?
11
MR. ROBLES:
Do you want to take a break
13
12 (inaudible) ?
14
15
16
17
18
DET. KEITH SANDY:
Please.
DET. STONE:
Okay.
Let's go ahead and end the
interview right there, right now.
It's 1719 hours.
(Off audio.)
DET. STONE:
All right.
This is Detective
Stone with APD.
We're back here on the record
20
19 interviewing Detective Keith Sandy.
21 wanted to add before we conclude for today?
Keith, do you have anything else that you
22
23
DET. KEITH SANDY:
I did.
I wanted to clarify
on positioning and terrain.
Though -- well,
24 despite Our attempts to get to an area where we
25 were on level ground, he was still elevated.
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15
Yes.
1
DET. STONE:
Uh-huh.
2
DET. KEITH SANDY:
And at an advantageous
3 position.
The trail -- the game trail between he
4 and -- between myself, Ingram and Weimerskirch was
5 narrow.
It's only wide enough for one person.
6
DET. STONE:
Okay.
7
DET. KEITH SANDY:
Once the K-9 was deployed,
8 the male assumed his aggressive stance, armed with
9 knives in both hands. Because of the geographies,
10 Officer Weimerskirch, his position in front of me,
11 and I had to position myself in front of him to
12 prevent the male from carrying out his threats and
13 stabbing either myself, Officer Weimerskirch or
14 Detective Ingram, that's -- that's when I
maneuvered around him.
The terrain was tough to
16
navigate during that time.
There was rocks, it was
17 real -- it was kind of (inaudible) and the cactus
18 (inaudible) negotiations with him -- negotiating
19 with him (inaudible).
20
DET. STONE:
Okay.
So -- so would this -- the
21 area you guys were operating in, like you're
22 saying, is real steep and has a lot of terrain,
23 would be a lot different than what you guys are
24 usually used to operating in out here in the city?
25
DET. KEITH SANDY:
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2
3
1
DET. STONE:
Okay.
Anything else?
DET. KEITH SANDY:
No.
DET. STONE:
All right.
Let's go ahead and end
5
4 the interview at 1731 hours.
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
(Conclusion of recording.)
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58
1 RE:
CASE NUMBER 14-0023683
INTERVIEW OF DET. KEITH SANDY 1
2
3
4 TRANSCRIPTIONIST'S AFFIRMATION
5 I HEREBY STATE AND AFFIRM that the foregoing is
6 a correct transcript of an audio recording provided
7 to me and that the transcription contains only the
8 material audible to me from the recording and was
9 transcribed by me to the best of my ability.
10
IT IS ALSO STATED AND AFFIRMED that I am
11 neither employed by nor related to any of the
12 parties involved in this matter other than being
13 compensated to transcribe said recording and that I
14 have no personal interest in the final disposition
15 of this matter.
16 DATED this 17th day of April 2014.
18
19
20
21
22
23
24
25
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1
2
3
4
5
6
7
8
9
10
11
12 RE:
13 INTERVIEW
OF:
14 DATE TAKEN:
15 TIME:
16 BY:
17
18 ALSO
PRESENT:
19
20
21
22
23
24
25
ALBUQUERQUE POLICE DEPARTMENT
CASE #14-0023683
DET. KEITH SANDY
APRIL 7, 2014
10:17 A.M.
DET. GEOFFREY STONE
UNIDENTIFIED MALE
AGT. RAFAEL GOMEZ
MR. LUIS ROBLES
14-23683
1
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1
DET. STONE: Okay.
Today's date is Monday,
2 April 7th, 2014.
It's approximately 1017 hours.
3 This is Detective Geoff Stone with the Albuquerque
4
Police Department.
This is in reference to an
5 officer-involved shooting case, Case
6
Number 14-0023683.
This incident occurred on
7
March 16th, 2014.
I am here doing another
8
interview with Detective Keith Sandy.
And present
11
10 table, is ...
9 in this room, I'm just going to go around the
AGT. GOMEZ:
Agent Rafael Gomez, with the New
13
12 Mexico State Police.
14
15
UNIDENTIFIED MALE:
(Inaudible) .
MR. ROBLES:
And Luis Robles, his attorney.
DET. STONE:
All right.
Keith, just so you
16 know, we are back in here, there's a couple things
17 that I just -- I've found out through the
19
18 investigation that I just want to clear up with
you.
Again, this is a voluntary statement, you
20 don't have to -- you don't have to provide me a
21
statement if you don't want.
If at any time you
22 want to stop the interview, just go ahead and let
23
24
25
me know.
Okay?
DET. KEITH SANDY:
Yes, sir.
DET. STONE:
Okay.
So specifically what I
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I remember him walking up and saying, "I
3
1 would like to talk about, going back to the-day of
2 the incident, March 16th, 2014, right around the
3 time when probably -- before the shooting happens
4 and when you're arriving on scene, 1 believe you
5 had a conversation with one of the State Police, I
6 believe Sergeant Ware?
7
DET. KEITH SANDY:
Yes, sir.
8
DET. STONE:
I would just like to go over
9 can you tell me what you recall from that
10 conversation with him?
11
DET. KEITH SANDY:
I had -- I had just arrived.
12 I was in the process of trying to get my things in
13 order.
I was putting on a -- a sweatshirt.
It was
14 getting afternoon and I knew it was going to get
15 cold, so I put my sweatshirt on, kind of getting my
gear in order when Chris Ware arrived.
And Chris
17 Ware and I worked together for the better part of
18
12 years.
19 didn't recognize you at first," and me replying
20 by -- say to saying he's getting fat, you know.
21 And then he came up to my door. I asked him
22 why he was there, and he said he wasn't sure, but
23 the guy that they were talking to on the side of
24 the mountain had requested State Police, and so he
25 was dispatched there per that request.
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15
We
1
He asked me what I was doing there, and I
2 told him that they had called me out for a request
3 for a Taser shotgun because he was armed with the
4 knives.
There was some other conversation about
5 little small talk in between there and him -- if I
6 remember correctly, it was him and I talking about
7 where it was going, where that situation was going.
8
And as I was talking to him, I was at my
9
back driver's-side door.
I have a four-door
10 pickup.
I had the back driver's-side door open.
11 During that time that I was kind of doing like a
12
function check, I guess, on my Taser shotgun.
I
13
was -- put one in the chamber.
I checked to see
14
how many other rounds were in the gun.
I was
getting it ready.
And jokingly, just kind of
16 locker room banter, just told him, you know, "Don't
17 worry. I'll shoot him in the peeker with this and
18 call it good."
19
He giggled about it.
I walked around the
20 passenger side back door, and he told me, "I
21 thought you guys got rid of those things."
22
I said, "No.
Tactical got rid of them.
23 still use them," meaning SID detectives, Special
24 Investigations detectives still utilize them.
25 It was at that point that it was kind of the
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14
So in regard to
1 end of our conversation that he just walked off and
2 went through the backyard and up the hill. I
3 didn't -- I hadn't even touched my rifle or it
4 was all -- I had my shotgun Taser in my hand during
5
that whole time.
And I think that's
that's the
6 gist of our conversation, is just -- it was the
7 talk of that Taser shotgun and why he was there and
8 why I was there.
9
DET. STONE:
Okay.
So you said that you've
10 known Sergeant Chris Ware for how many years?
11
DET. KEITH SANDY:
The better part of 12.
12
DET. STONE:
Twelve years.
And is this when
13 you were employed with State Police?
DET. KEITH SANDY:
Yes.
And I know him on a
15
personal level also.
We both coached baseball
16
together.
He coached a separate team and we played
17
in a (inaudible) travel league.
And we -- we're in
18 the -- his Son and my son are the same age, they
19 play in the same age bracket together, so I would
20 see him every -- every weekend and probably every
21 other weekend, so we would play against one
22 another, and that same banter would go on on the
23 baseball field.
24
DET. STONE:
Okay.
All right.
25 the joking statement, you said that you were -- you
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14
We were all kind of sitting there, trying to
1 told him that you were going to shoot him in the
2 peeker with the Taser shotgun?
3
DET. KEITH SANDY:
Yes.
4
DET. STONE:
Okay.
5
DET. KEITH SANDY:
And that wasn't my intent.
6 I had no intent of going up the hill and doing
7 that.
You know, I'm -- I've been trained on the
8
Taser shotgun.
I know that's not a target area.
9 And it was said just -- just jokingly, with -- with
10 Chris.
11
DET. STONE:
Okay.
Did you guys talk about
12 anything else after that, I mean, that you can
13
recall?
Or was he around your position after that?
DET. KEITH SANDY:
I made a joke to him on the
15 hill.
We were -- the only other conversation we
16
had was on the side of the hill.
After we got up
17 there, they called Chris Ware back up to where we
18 were at, because he had initially walked away. And
19 as Soon as he got up there, the man on the hill
20
became irate, started screaming at Chris.
His
21 demeanor completely changed once Chris got up
22 there.
23
24 figure out what was next, and Weimerskirch asked
25 all of us, "Does anybody want to give it a shot at
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14
I didn't have a baseball
1 talking to him?"
2
And Chris, at one point, said, "No.
I don't
3 think I'm getting anywhere with him."
4
And, again, jokingly, I told him, "Must be
5 your personality."
6
Chris Ware is a real dry, to-the-point
7 person, and he -- if you don't know how to take him
8 or you don't know him, he will instantly hurt your
9
feelings and upset you.
And so I joked with him
10 and said, "Must be your personality."
11
And he kind of looked at me, and I could see
12
him out of the corner of my eye.
And then they all
13
agreed that
everybody agreed that he would __
that he was only upsetting the male.
So he walked
15 down to the bike path, or to the running path that
16 was below us, probably 100, 150 yards behind us.
17
DET. STONE:
Okay.
All right.
Do you know if
18 you were joking around at all with anybody else, or
19 just Sergeant Ware, (inaudible)?
20
DET. KEITH SANDY:
He's the only one I had a
21
conversation with during that time.
I had a -- I
22 had a conversation with McFarland when we got
23 there.
24
DET. STONE:
Uh-huh.
25
DET. KEITH SANDY:
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16
I -- actually,
1 cap.
I asked -- I borrowed a baseball cap from
2 him.
We were talking about getting his stuff
3
together.
I was talking about -- I asked him -- we
4 kind of went back and forth, because I was wearing
5 soft armor, and he put on his heavies, his plates,
6 and I asked him about that.
7
I said, "You're wearing plates up there?" we
8
talked about that.
And then that's when I went and
9
put my plates on, right after that.
And that
10 was
then, after that, we stepped off.
11 (Inaudible) no other -- I didn't -- well, Ken
12 Ronzone showed up and he talked about his dog.
13
The dog was going crazy, and Ken goes -- Ken
14 said something about, you know, the dog is supposed
15 to get up the hill and get to work, and he's all,
"Come on, Dad."
He was kind of talking for the
17
dog, saying, "Come on, Dad.
Let go get him," stuff
18 like that.
19 But that -- that's what I recall.
20
DET. STONE:
Okay.
All right.
So all this
21 conversation then you had with Sergeant Ware
22 specific to the Taser shotgun, that was prior
23 you -- prior to you even going up to the hill and
24 involving yourself in what was going on?
25
DET. KEITH SANDY:
Exactly.
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12
I pointed him out to Chris, I
1 when we were talking, I didn't even know what the
2 guy looked like or where he was located, because,
3 now that I think about it, Chris asked me where he
4 was at.
And I said, "I don't" -- I said, "I don't
5 even know."
6
And so it was at that point that I went into
7 my -- I climbed into the front seat of my pickup, I
8 got a set of binoculars out, and I climbed about
9 because I remember there -- now I remember why I
10 was standing in the bed of my truck, because I
11 remember standing in the bed of the truck and I
couldn't recall why.
But now I remember.
I stood
13 in the bed of the truck with my binoculars and
14
began to blast the hill from the top down.
And I
15 initially saw a guy in a white T-shirt standing at
16
the very top, and I said, "There he is.
Hels in
17 the white shirt."
18
Chris goes, "No."
He says, "There's a bunch
19 of onlookers out there, and I don't think that's
20 him."
21
So as I watched him, another person walked
22
up there, so I ruled that guy out.
And so I
23 started coming down the hill, and as I started
24 coming down the hill, I saw the offender standing
25
about midway down.
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16
And it wasn't
1 described him to Chris, what I saw through my
2 binoculars, I said -- and I remember telling him,
3
"His hands are free."
I said, "He's up there just
4 talking."
5
And as I climbed out of my truck and went to
6 the passenger side, that's when Chris walked off
7 and started up to the scene.
8
DET. STONE:
Okay.
9
DET. KEITH SANDY:
So prior -- I mean, during
10 that conversation, I didn't even know where the guy
11 was, what he looked like, what -- what was going
12 on.
I couldn't see because we were on a
13 residential street, and when we were standing at
14 ground level, the house that we walked through to
15 access the Open Space __
DET. STONE:
Yeah.
17
DET. KEITH SANDY:
-- blocked the view of where
18 he was at and where the other officers were.
19
DET. STONE:
Okay.
20
DET. KEITH SANDY:
I literally had just pulled
21 up and stepped out of my truck and I had no idea
22 what was going on other than the dispatcher said
23 that they had called for a shotgun Taser because
24 the guy had charged the officers with two knives.
25
So that's all the information I had.
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1 until Chris and I were talking and I timed out and
2 blast the area, so that we kind of had an idea of
3 where he was and what was going on, that I knew
4
what was going on.
And when I saw him, like I
6
5 said, there was cops everywhere and his hands were
free, he had his hand out in front of him.
He was
7 very animated in his gestures with his hands, he
8 talked with his hands, but I could see through the
9
10
11
binoculars.
I couldn't hear him.
We were too far
away.
I couldn't hear anything that was going on.
12 and I told him he was wearing a gray shirt and
And I just told Chris, "His hand are free,"
13 black pants and, "He's up on the hill there, on
14 top," and that was it.
15 DET. STONE:
All right.
And prior to I guess
16 when this conversation was going down, had you been
17 briefed by any of the on-scene officers or the
19
18 sergeant by that time?
20
21
DET. KEITH SANDY:
No.
DET. STONE:
That happened later?
DET. KEITH SANDY:
And I was -- I never
23
22 received a brief from the on-scene supervisors or
24
anybody that was there.
I immediately stepped to.
I did grab my rifle.
And when I stepped into the
25 backyard -- because there was two K-9 guys and one
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14
No.
1 SWAT guy.
Knowing that, that there would have to
2 be a lethal cover for each K-9 guy, Rick Ingram
3 wasn't out -- wasn't on scene yet, and those guys
4
were wanting to step off right then.
So I -- I
5 slung my rifle and I grabbed my Tasershotgun and I
6 slung it as well, and I walked through the gate,
7 kind of holding both of them, and once we got
8 through the gate and Weimerskirch called Jason
9 Carpenter down, received a brief from him, and then
10 briefed us that -- it was a short brief, basically,
11 that there was felony charges on him, that he was
12 wanted -- or he was wanted in reference to the
13 aggravated assault on a police officer, and that
was it.
That was the only brief I got.
15
I hadn't -- like I said, I hadn't talked to
16 anybody as of yet, and I don't think anybody knew
17 that we were on scene at that point.
18
DET. STONE:
Okay.
I don't have any more
19
questions reference that.
Is there anything else
20 that you think is important that I haven't asked
21 that you want to add?
22
DET. KEITH SANDY:
No.
23
DET. STONE:
Okay.
24
(Inaudible), anything?
25
AGT. GOMEZ:
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15
Then the second question posed was, "Did you
1
DET. STONE:
Okay.
Let's go ahead and end the
2 interview at 1031 hours.
3 (Conclusion of recording.)
4
DET. STONE:
Okay.
We're back on the record.
5
It's still Monday, April 7th, 2014.
It is now
6
10:36 hours.
We're still here speaking with
7 Detective Keith Sandy.
8
Keith, after I turned off the tape during
9 our first interview, I asked you again if there was
10
anything else you wanted to add.
We had a brief
11
conversation.
So what I would like to do is I
12
would just like to go over that conversation.
Just
13 kind of tell me everything that you just told me a
14 second ago.
DET. KEITH SANDY:
I -- when this all came
16 to -- I guess the video from State Police was
17 released and watched by State Police and brought to
18 you, it was -- I received a phone call and asked if
19 I talked to Chris or anybody -- the first question
20 that was posed to me was have I talked to anybody
21 or did I say anything to anybody about shooting the
22 offender in the -- in the pecker.
23
My immediate response was, "No, I didn't."
24
25 say anything to Chris Ware about shooting him in
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14
But I can't recall in
1 the peeker?"
2
And I said, "I don' til -- I said, "No, I
3
don't think I did.
I don't recall even saying
4 anything along those lines. I remember talking
5 about the Taser shotgun." I went through the whole
6 thing, and I've been -- but I've heard it from
7 other people saying that I did say that, that that
8
is on the tape.
And if it is on the tape, then I
9 said it.
And I didn't -- but I don't recall saying
10
that, and peeker is not a word that I use.
It's
11 not a common term that I've ever used, ever.
12 It's -- and I just don't see why I -- that day I
13 would have used that term, and I can't -- I can't
recall.
I've tried in my head a hundred times.
15 And I can go through that situation (inaudible)
16 just talking to you now, going over it,
17 remembering.
18
Because I remember I thought that -- when I
19 was driving over here, I thought that my
20 conversation with Chris was in the bed of my truck,
21 because I remember standing in the bed of my truck.
22 And then now, as I begin to tell the story and go
23 through it, I remember standing at the door and
24 then climbing into the bed of the truck to use my
25
binoculars to blast the guy.
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14
It was never a -- I never got the
1 my mind 100 percent that I said that. And like I
2 said, peeker is not a word that I use, you know,
3 but I've heard it from other people, telling me
4
that I did say it.
And I figured them having
5 knowledge or having heard or being told directly by
6 someone who did hear it on the tape, that was the
7 information I was getting, although that's why I
8 had said that I said it, because I figured it was
9 said.
And I don't recall saying, nor do I ever
10
recall using the word peeker.
Not only in this
11 situation, but ever.
12
DET. STONE:
Okay.
So you don't have your Own
13 independent recollection of that conversation?
DET. KEITH SANDY:
Yeah.
15
DET. STONE:
You're kind of basing it off --
16 are these other people in law enforcement that were
17 calling you?
18
DET. KEITH SANDY:
Yes.
19
DET. STONE:
Okay.
And did they make it appear
20 as though they had already heard this audio and
21 that's what they heard, or is that what they were
22 told they heard?
23
DET. KEITH SANDY:
That they were -- they had
24 received information that that's what was heard on
25
the video.
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14
Because I remember I was still
1
information saying, "Hey, it's on there.
I heard
2 it.
You said it."
It was, you know, "This is
3 what" -- "what was said," that, "it was told to us
4 that is what you said on the video."
5
And, you know what, I've been racking my
6 brain since the day I found out, and I don't recall
7
saying it.
But at the same time, I'm not denying
8 that I said it.
9
DET. STONE:
Okay.
When did you find out, or
10 when did you first get notification by someone that
11 there was a video out there?
12
DET. KEITH SANDY:
It was
it was -- that
13 would be last -- last weekend.
DET. STONE:
Last weekend.
So almost
15
DET. KEITH SANDY:
It was about
16
DET. STONE:
Over a week ago?
17
DET. KEITH SANDY:
It was over a week ago, was
18
my first -- first notification of it.
It was on
19 I'm going to say it was probably a -- somewhere
20
like a Sunday morning, the best I recall.
It was
21
kind of early.
22 had just gotten a cup of coffee and I was just kind
23 of starting to wake up, and I remember sitting on
24 the edge of my bed and having that conversation.
25 And -- and I remember them specifically
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12
I've never had
1 asking me what I recalled about the conversation,
2 and I recalled the Taser shotgun, talking about the
3
Taser shotgun.
And I remember joking with Chris
4 Ware.
And I think if it had been anybody else that
5 was there, I can tell you that I didn't say that,
6 but because it's Chris Ware and because of the way
7 we joke and the way -- you know, I didn't rule out
8 the possibility that I did say it.
9
DET. STONE:
Okay.
10
DET. KEITH SANDY:
So I'm not changing my
11 story.
I'm not trying to conceal anything.
I'm
just saying I don't recall it.
If it's on the
13
tape, then I said it.
But I don't recall from my
14 own recollection in my mind saying that.
15
DET. STONE:
Okay.
And has anyone else
16 contacted you reference this video and audio that
17 told you that they heard something different than
18 peeker?
19
DET. KEITH SANDY:
No, I'm not -- that's all
20 been -- I've heard that from -- that's all I've
21
heard since that -- that weekend.
That's all I've
22 heard.
I've never -- nobody has ever said, "That's
23
not what's on there.
That's not what you can hear.
24
That's not" -- anything like that.
25 anything to, you know -- that -- other than, "Yeah,
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11
12
18
1
that's what you said."
And so I -- when I came in
2 here today, it was just to fallon my sword because
3
that's what I've been told, but I don't recall.
4 don't remember saying it.
5
DET. STONE:
Okay.
Going back to the day of
6 the incident, from the start when you first got
7
there, to the end when everything
when the
8 shooting happened, did you ever have an intent to
9 go up there and shoot Boyd in the genital area?
DET. KEITH SANDY:
No.
Absolutely not.
Absolutely not.
I know it's not a target area.
You know, I've been through the Taser training.
I
13 know i joke around, but when it comes time to __
14 for boots to hit the ground, you know, I'm very
15 proud of being a part of the Repeat Offender
16
Project.
And it's something that I've wanted
17 for -- even when I was with State Police, I
18 remember meeting guys from the Rap unit in 2004 and
19 helping them out in Los Lunas, and from the day I
20 helped them out, that's all I wanted.
21
When I came to APD, you know, that was __
23
22 they asked me what I wanted, I wanted to go the
24
25
Rap.
I went to vice.
They asked me, "Why are you here?"
I said, "To go to Rap."
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16
But even having been in that
1
There's a tremendous amount of pride in me
2 being in the ROP unit, and I would never do
3 anything to shine a bad light or disgrace that unit
4
or Sergeant Heckroth.
Those guys, Lou Heckroth,
5 Zack Stephenson, those guys that have been in ROP
6 and -- all the guys that were there long before me,
7 (inaudible) and just -- those guys are always __
8
I've looked up to them and idolized them.
I would
9 never do anything because I realize (inaudible).
10 But I would never go up with the intent to shoot
11 him in the genital area.
12 I did tell Rick Ingram to shoot him in the
13 legs with the Taser shotgun after he put the hoodie
14 on only because I knew he had -- I could see before
15 he put the hoodie on, he had three shirts on.
DET. STONE:
Okay.
17 DET. KEITH SANDY: He had two T-shirts and a
18 button-down shop shirt, and then he put the hoodie
19 on.
And I remember telling him, "Shoot him in the
20 legs.
He's got too many layers up top.
It's not
21 going to" -- "it's not going to be effective."
22
DET. STONE:
Okay.
23
DET. KEITH SANDY:
24 situation, where I know that it's not going to be
25 effective, I would never -- I didn't even direct
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14
Shot
1 Rick to shoot him in the genital areas with the
2
Taser shotgun.
I wanted to shoot him in the legs
3 and the -- and the large muscle groups of the
4 thighs.
That was never my intention.
5
DET. STONE:
Okay.
All right.
Being in the
6 ROP team, just from what I know about the ROP team,
7 you guys tend to go after some of the more violent
8 offenders within the city?
9
DET. KEITH SANDY:
Yes, sir.
10
DET. STONE:
Okay.
Have you found yourself in
11 situations before where, say, these -- the violent
12 guys you go after aren't necessarily wanting to
13 give up right away?
DET. KEITH SANDY:
No, absolutely not.
You
15 know, and I've been the ROP for a year and a half.
16 In that year and a half, we've had some pretty
17 violent encounters, one of which was last March I
18 drove past an individual to make an ID on him to
19
see if it was the guy we were looking for.
After I
20 ID'd him, his passenger leaned out of the truck and
21
began shooting at me and Ken Ronzone.
22 numerous times at us and then went into a pursuit,
23 shooting at other officers, one of which was
24 Weimerskirch, shot the radiator out of
25 Weimerskirch's truck.
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15
Because if it
1
We've numerous times done blocking maneuvers
2 on individuals, twice of which -- once the guy
3 started ramming our trucks, trying to get out.
4 Another one, he was -- he drug two ROP detectives
5 through the Walgreens parking lot, and they were
6 trying to get him into custody, with his vehicle.
7 So yes, we've gone after numerous violite, very
8 motivated and aggressive criminals.
9
DET. STONE:
All right.
So when the team is
10 together, even when you're working like, say, with
11 the K-9 guys or the SWAT guys, when you guys have
12 like some down time, is it typical to joke around
13 to like, I don't know, relieve stress or anything
14 like that?
DET. KEITH SANDY:
Oh, it's -- it's funny,
16 because that's -- that all we do, is -- outside
17 of -- when we're not working, when we're not on a
18 (inaudible), it's constant banter, constant joking,
19 to the point where we even have a -- we call it a
20 safe word, where if it gets to be much, somebody
21
our safe word is China.
So if you say China,
22
everybody stops making fun of you.
23 gets to the point where the banter gets to where
24 if you have thin skin, it's going to hurt your
25 feelings, so we actually had to come up with a safe
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15
If
1 word in ROP because of that.
2
And so that's -- it's because -- and
3 especially after an incident like that, when it's
4 allover with, we do joke or we do make fun of one
5 another, talk garbage .to one another, talk -- just
6 that's what we do.
7
DET. STONE:
How does it make you feel when you
8 guys joke around, given that high-stress job and
9 everything?
10
DET. KEITH SANDY:
It takes your mind off a
11 lot.
It -- it's calming.
Before we
before
12
incidents, too, we joke like that about things.
13 even do it on ROP air since it's not a monitored
14 air (inaudible) the air, once in a while, will come
over the radio.
And it's -- it's kind of calming.
16 It kind of breaks your -- your tunnel vision, if
17
you will.
Not that you're going have tunnel vision
18 in that -- that -- during that time, but it kind of
19 breaks the thought and a better focus to where
20 you're able to come down to a level where you're
21 able to see the whole picture instead of just on
22 one level where you're focused in on something and
23 you're going to miss something and make a mistake.
24 Because there's not room for mistakes in ROP,
25
especially in blocks and things like that.
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23
15
Makes sense.
1
DET. STONE:
And why is that?
2
DET. KEITH SANDY:
Because if you make a
3 mistake in a block, somebody is going to get hurt,
4 the offender is going to get out of it and -- where
5 way we do Our blocks, we do it in the middle of the
6 city, and somebody is going to get hurt, a civilian
7
is going to get hurt.
And that's unacceptable in
8 ROP.
It's, I mean, unacceptable.
When I first
9 came to ROP I made a mistake in a block and the guy
10 got out and he was -- it was huge, it was a big
11 deal.
And I took a lot of beating up over it from
12
most of the guys on the team.
And so I -- I kind
13
of thought I'd never do it again.
And that's
14 just -- we just don't, you know.
When I came to ROP, it was -- the first
16
thing was, "Welcome to ROP.
Mistakes now cease to
17 exist."
That's the rule the very first day, that's
18
the very first thing that was told to me.
And
19 that's something that's been told to ROP guys
20 for
since the beginning.
21
DET. STONE:
Uh-huh.
22
DET. KEITH SANDY:
So, yeah, the joking -- the
23 joking and the banter takes away from the stress.
24
DET. STONE:
Okay.
All right.
25 Anything else that you think is important that I
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12
Let's go ahead and end
1 need to know about?
2
DET. KEITH SANDY:
No.
3
DET. STONE:
Okay.
4
Any other questions?
5
AGT. GOMEZ:
No.
6
DET. STONE:
All right.
7 it at 1051 hours.
8 (Conclusion of recording.)
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14-23683
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1 RE:
CASE NUMBER 14-0023683
INTERVIEW OF DET. KEITH SANDY 2
2
3
4 TRANSCRIPTIONIST'S AFFIRMATION
5 I HEREBY STATE AND AFFIRM that the foregoing is
6 a correct transcript of an audio recording provided
7 to me and that the transcription contains only the
8 material audible to me from the recording and was
9 transcribed by me to the best of my ability.
10
IT IS ALSO STATED AND AFFIRMED that I am
11 neither employed by nor related to any of the
12 parties involved in this matter other than being
13 compensated to transcribe said recording and that I
14 have no personal interest in the final disposition
15 of this matter.
17
16 DATED this 17th day of April 2014.
18
19
20
21
22
23
24
25
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(505) 238-8726
Transcribed Interview
Officer Dominique Perez
14-23683
1
7
1
12
2
3
4
5
6
ALBUQUERQUE POLICE DEPARTMENT
8
9
10
11
13 RE:
CASE #14-0023683
14
INTERVIEW OF:
DET. DOMINIQUE PEREZ
15
DATE TAKEN:
MARCH 18, 2014
16 TIME:
6:02 P.M.
17 BY:
DET. GEOFFREY STONE
AGT. HAL CAGE
18
ALSO PRESENT:
DET. ANTHONY SEDLER
MR. LUIS ROBLES
19
20
21
22
23
24
25
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15
Dom, what I'm going to do is, I'm just going
1
DET. STONE:
Today'sdate is Tuesday, March 18,
2 2014.
It is approximately 1802 hours.
This is
3 Detective Geoff Stone, with the Albuquerque Police
4
Department.
And we're here at the Family Advocacy
5
Center at 625 Silver, Southwest.
This is an
6 interview in reference to an officer-involved
7
shooting.
It's reference Case Number 14-0023683.
8
And present in the room, I'm just going to
9 go around the table.
10
AGT. CAGE:
Officer -- or, I'm sorry, Agent Hal
11 Cage, New Mexico State Police Investigations
12 Bureau.
13
DET. SEDLER:
Anthony Sedler of the Albuquerque
14 Police Department Tactical Section, SWAT team?
DET. DOMINIQUE PEREZ:
Dominque Perez,
16 Albuquerque Police Department SWAT team, tactical
17 section.
18
MR. ROBLES:
Luis Robles, the attorney on his
19 behalf.
20
DET. STONE:
All right.
And we are here
21 interviewing Dominque Perez reference this
22 incident.
23
24 to give you the floor, man, just let you run
25 through everything that you did during this
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15
He
1
incident from start to finish.
Go right ahead,
2 man?
3
DET. DOMINIQUE PEREZ:
Okay.
On the -- today,
4 on March 16th, I was at home, sitting with my
5 family. We had just gotten back from -- from a
6 lunch. We usually go there on Sundays to have
7
lunch with my wife's grandparents.
We had just
8 gotten back and I was sitting there with my mother
9
and my grandmother.
They had actually carne over
10 because my birthday was earlier that week and they
11 wanted to give me some presents or some gifts and
12 hang out with the kid.
13 So we were sitting around the table talking
14 with my family and I received a phone calIon my
city phone.
And went to answer it, caller ID, it
16
was from my supervisor, Sergeant Fox.
That was
17
roughly about 1845.
I picked up the phone.
18 advised me -- asked what I was doing and just
19 that -- started to give me some information, that
20 he had a situation that was happening in the
21 Foothills that he wanted to start sending some
22 tactical guys to see if we could help out with
23 before it potentially had to go to a full SWAT
24 activation.
25 So he gave me the limited information that
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8
Pretty much everything that I
1 he had, because he said he was en route there also.
2 He gave me the directions, the rough directions up
3
into the foothills.
I got off the phone with him
4 and he had just told me that there was a sUbject
5 that was armed, threatening officers in the
6 foothills.
I was like, "All right."
I got off the
7 phone, let him know I was going to be en route.
I immediately went and got dressed out in my
9 SWAT uniform, made sure I had everything as far as
10 I needed from the house, went and kissed my wife
11 and kids good-bye, and my mother and my
12 grandmother, and told them a quick good-bye, then
13
went outside to my unit.
Got in my unit, turned on
14 my -- turned on my KDT and started trying to log
15 on, and started en route to the area that I knew
16 from the directions that Sergeant Fox had given me.
17 It takes a little bit for my KDT to boot up,
18 so while en route, though, from the time I left the
19 house till I arrived at the end location, 812
20 Piedra Vista, I was reading the remarks on the
21 call, trying to gather the information from what
22 was going on with the situation and started reading
23 through the remarks.
24 had received from reading on that, that officers
25 were dispatched to a call in reference to a suspect
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12
There was information
1 who was illegally camping in Open Space, which is a
2 crime, and upon trying to contact the subject, they
3 had -- the subject had pullout knives on them and
4
advanced on them in an aggressive manner.
And also
5 that they had backed off from the suspect and were
6 trying to establish a perimeter.
7
So reading that information, I -- I was
8 reading -- pretty much there was a lot of
9 information on the KDT that I was trying to gather
10
while I was en route.
The supervisor there had
11 identified the suspect as James Boyd and asked for
further information in regard to that.
Also on the
13 remarks that they were also trying to get
14 additional resources there with less lethal options
15 and CIT officers.
16
And the
the supervisor, after
17 identifying
or seeing that the subject was James
18 Boyd, asked for further investigation -- or further
19
information on James Boyd.
20 listed on the call that James Boyd had an extensive
21 criminal history; in the past had been willing to
22 use a weapon to harm police officers in multiple
23 jurisdictions, including Albuquerque; that he was a
24 paranoid schizophrenic, and that officers should
25 use extreme caution when contacting him.
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14
The other aspect, as far as the
1
So after reading that information, I started
2 listening
I was listening to the radio as well
3 while I'm en route for any additional information
4 with the approach route, how we should get there or
5 any information from my supervisor, should he be
6 arriving before I did, of anything he needed in
7 particular.
8
The information over the radio, and then I
9 was also reading remarks on the call, were that the
10 suspect was shouting at officers that he was going
11 to kill them; that if anyone got close to him, he
12 was -- they were -- somebody was going to get hurt.
13 He was wanting to be called the boss, or something
like that.
But he stated that he was militarily
15 trained and -- was the information that was on the
16 call, that he was. militarily trained, and if
17 officers got close to him, that he wasn't going to
18 be the one who got hurt.
19 There was other officers that were -- the
20 officers that were present during the information
21 that I was reading were saying that they were -- or
22 the subject -- or the suspect, excuse me, was
23
throwing rocks at officers.
All this information
24 I'm gathering there, and then also trying to listen
25
to the radio.
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14
So by then I ascertained, basically,
1 approach route, it was told that you could just
2 drive right up to the 812 Piedra Vista because it
3 was taking place somewhere behind that.
4
I end up arriving to the scene and exit my
5 vehicle.
I see a bunch of marked police units, so
6 I'm trying to orient myself on where the situation
7
is taking place.
So I walk over to a
I'm not
8
sure which -- what the numerical was.
I walk over
9 to like a stucco house, and I'm looking out towards
10 the east in between two structures, two houses, and
11 I had visual of a -- of a figure standing on a
12 like a rock formation, kind of oriented to the
13 south.
I could only see about from his
from his
knees up.
It's -- now, I'm trying to orient myself
15 on it, so I see him and trying to identify what the
16 subject is -- or what the suspect -- or if this is
17 the suspect, excuse me.
18
I then look over and notice that there are
19 other people around there, and I'm starting to
20 identify who are the officers and where are they
21
positioned.
22 that that was potentially the subject, who it is,
23 and then realized, because he's shouting at the
24 officers that are to the -- to the south, he's
25 shouting at them, having some type of dialogue with
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and he told me that (inaudible)
1 them.
2 Looking at the overall layout of the terrain
3 and everything, he was definitely in a position of
4
advantage over those officers.
And the terrain
5 there was very rocky and rural and didn't -- didn't
6 look like there was a lot of cover and concealment
7
for officers to be able to position themselves.
8 I was looking at that for my assessment on how I
9 should approach, depending on where they needed my
10 help.
11
I walked over from -- from there, having
12 gathered that information, walked over to my SWAT
13 sergeant, checked in with him really quick and just
14 advised him, because I'm also trained as a sniper
15 observer, if he wanted me to deploy in a high
16 ground capacity in that sniper observer position,
or if he wanted me to join the arrest team.
He
18
advised me that
19 one of our teammates that was deploying in that
20 capacity, so for me to just go ahead and dress for
21 the arrest team and to go join them.
22 I went right back to my vehicle and started
23 dressing -- dressing out for the arrest team,
24 putting on my equipment, my SWAT equipment, which
25 entails a variety of options, less lethal options,
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14-23683
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14
I pointed towards the
1 and overall equipment that's needed for any type
2 of -- any situation, to include -- I'm sorry, I'm
3
trying to think of all this.
I should include like
4 noise/flash diversionary devices, I have electronic
5 restraint device, my Taser, my helmet, with
6 recording device, light, night vision equipment.
7 Because it was getting dark, I thought there could
8 be the potential that this could go past into
9 the -- into the dark hours, so I wanted to be
10
prepared for that.
I took my night vision
11
equipment with me.
And then grabbed my rifle and
12 joined my team leader, Ramon Ornelas, and we walked
13 up to the place where I moved up to observe the
situation and try and get my bearings.
We walked
15 up in between those, which is like on a side yard,
16 and walked towards the back gate, which opened up
17 to the mesa.
18
Upon walking up to that, I'm talking with
19
Officer Ornelas.
I'm trying -- I'm trying to help
20 him and orient him on where our resources are,
21 where the subject is, because at that time, the
22
subject was now out of view.
23 rock formation that the subject was using as like a
24 hiding or a cover position from the other officers.
25 And he was able to look and orient himself on that,
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14
or excuse me, Officer Ornelas is like, "I'm
1 and t talked to him about where the other officers
2 were to help with containment, the very spread-out
3 containment, due to not that much terrain for
4 cover.
5
And while I'm talking to him, Sergeant Fox
6 is standing there at the back gate and talking to
7
the arrest
the arrest team that was to the south
8 and asking if they needed any further less lethal
9 options.
And he was advising them that he was
10
about to send two
two operators up, myself and
11
Officer Ornelas.
He's motioning to us to go ahead
12 and start heading up.
13
So we moved up to his spot there at the back
gate.
We're now -- at this gate, it's about a
15 hundred yards to the base of the hill, that the
16 suspect is halfway up that hill on that rock
17 formation. So I start to walk off to go join the
18 arrest team, and the information was now coming
19 back from the arrest team that they would like
20 further less lethal -- excuse me, basically a
21 beanbag, they were requesting a beanbag __
22
DET. STONE:
Okay.
23
DET. DOMINIQUE PEREZ:
-- shotgun be brought
24
I (inaudible), I said, "I'll get it."
up.
And
25 but
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21
And the male subject
1
closer.
I'm just go grab it from my truck."
2
So I stand by for a brief minute, but then
3 make the call to Sergeant Fox to let him know I'm
4 going to go ahead and head up and Ramon can join
5
me, I'm just going to move up.
So he's good with
6 it.
7 I start moving across the terrain and
8
focusing on the area.
Like I said, it's starting
9 to get dark now, and I'm just trying to pick the
10
best path to get up there, the safest path.
As I'm
11 walking up, I get to about the base of the hill,
12 and there's a -- kind of like a larger boulder that
13 I see a State police behind and also an APD field
14 officer that appears to me, and they're oriented
15 towards the east, towards up the hill, and looking
16 at -- focusing on where the subject -- excuse me,
17 the suspect is at.
18 I move up to them because I can tell that __
19 right now as I'm moving up, I'm focusing on them,
20 and then I'm also looking at what's happening on
top of the rock formation.
22 is -- excuse me, the male suspect is standing on
23 there, and clearly shouting and having some type of
24 angry, erratic behavior towards the officers to the
25 south, which I am now understanding is the arrest
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18
I'm coming around to the south and I
1 team.
2 I move to that boulder and stop there for a
3 brief second, because it looks like there's
4 something transpiring, there's some interaction
5 happening, that something is going to take place.
6 The suspect is grabbing his -- some bags or some
7 belongings, shouting, but still grabbing them, and
8 walking a little bit down towards those officers to
9 the south.
So I wait there because I don't want to
10 introduce myself into any potential situation that
11
happens between them.
So I wait, then the suspect
12 changes his demeanor, gets really aggravated,
13 throws down his bags, and begins arguing, you know,
14 shouting at them again.
15 So at this time I realize he's not going to
16 continue down towards those -- towards the arrest
17 team in the south, and I start picking out my path
on how to get up to them to supplement them.
So I
19 look towards the south, and, like I said, it's very
20 rocky terrain and it's going upward, where I have
21 to go -- I have to go in an upward fashion towards
22
23 start walking through the cactus and the rocks and
24 stuff, and walk over, coming in from the south,
25 heading north, not too far in the bend, if you
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19
saying that it would
1 will, and start coming up pretty much to the west
2 and south of the arrest team.
3 I move up -- I'm getting -- I'm getting
4 pretty close to where they're at, to where that
5 arrest team is staged at, and I start -- I'm really
6 focusing on the subject because now he's trying to
7
handle his bags again.
He's still standing on this
8 rock face, which (inaudible) this rock formation,
9 but now, in the position I'm at now, he is
10 definitely towering over us and has a tactical
11
advantage over us.
There's nothing that we can
12 that I can really get behind to provide me with
13 cover.
14
So I'm -- I move up to about a position that
15 was a little bit west of them and wait there,
16 because now there's some interaction happening
17 between him the suspect, and the arrest team -_ the
18 arrest team there to the south, and they're having
some type of dialogue.
He's shouting some -- the
20 only way I can describe it is like psychotic
21 statements, erratic statements, at them __
22
DET. STONE:
Okay.
23
DET. DOMINIQUE PEREZ:
24 be -- not to get too specific, but I heard
25 something like he can murder -- he can -- it's
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14
-- opened, apparently in
1 legal for him to murder them, or something along
2 those lines.
3
So as I'm standing there, I don't want to
4 draw too much attention to myself because they're
5 having this interaction, and I want to help them in
6 any way I can as far as supplementing a plan or
7
anything that they need.
So I move up and I pause
8 there, waiting for a pause in their interaction
9 with the subject so that now I can move up and
10 gather any information or see where they need me so
11 I can help.
12
I'm sorry, may I jump back?
13
DET. STONE:
Absolutely?
DET. DOMINIQUE PEREZ:
I just thought of
15 something.
16
DET. STONE:
Sure.
17
DET. DOMINIQUE PEREZ:
When I was -- when I was
18 en route to the actual call, I forgot one remark to
19 me that is very pertinent. This subject had
20 obviously been armed with the knives and advanced
21 on the other officers, but also that he had taken
22 those knives, left them open, and put them in his
23 front pockets or in his front waistband area __
24
DET. STONE:
Okay.
25
DET. DOMINIQUE PEREZ:
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14
They -- they have what
1
order to conceal them.
To me, gathering that
2 information, in order to conceal them and then to
3 be -- have them ready available.
4
DET. STONE:
Sure?
5
DET. DOMINIQUE PEREZ:
So now -- I apologize on
6 that.
Jumping back forward to where I'm at in my
7 position, as I was moving up into that position, I
8 noticed his behavior and that interaction was
9 happening between him and the arrest team to the
10
south.
And because of that behavior, I immediately
11 swiped on my camera to start gathering information.
12 I clicked on my helmet camera and I was waiting
13 there.
So that interaction was happening and in
15 order for me to best describe the events that
16 transpired now, there was a lot of moving parts, a
17
lot of complexity that was happening.
So I'm going
18 to try to take it in little segments to best
19 describe it for you.
20
DET. STONE:
Sure.
Take your time, man?
21
DET. DOMINIQUE PEREZ:
So I'm holding my
22 position.
The arrest team is to the south; they're
23 having that dialogue, talking with the subject, and
24
he's shouting back at them.
25 -- I can clearly identify that they have several
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16
Down here the suspect is about here.
1
less lethal options available to them.
By the
2 clear markings on the X-12 -- on the Taser shotgun.
3
That was the officer that was closest to me.
I
4
could tell that he was -- had that.
We also had a
5
K-9 police service dog.
And they were there with
6 that interaction.
7
Now, from their position -- I was already at
8
a lower position to the subject.
Now, they're also
9 at a lower position, but just higher than me, if
10 that makes any sense.
11
DET. STONE:
Yes.
12
DET. DOMINIQUE PEREZ:
There was what appeared
13 to be like a tiny deer trail or -- not really even
14 a walking path, but like a deer trail that they
15 would have to cover and negotiate to make contact
with the subject
excuse me, the suspect.
17
DET. STONE:
If it helps you out, man, you can
18
draw it out.
Draw like a little map?
19
DET. DOMINIQUE PEREZ:
Sure.
So here's the
20 here's the rock face -- or excuse me, the rock
21 formation.
22
DET. STONE:
Uh-huh.
23
DET. DOMINIQUE PEREZ:
And there's multiple
24 like boulders and things like really large, rocky
25 terrain.
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1
DET. STONE:
Would you write like suspect"
2 there.
3
DET. DOMINIQUE PEREZ:
Sure.
4
DET. STONE:
Yeah. Okay.
Cool?
5
DET. DOMINIQUE PEREZ:
So there -- this is
7
6 this is higher than the officers who were staged
roughly here.
I remember there being like some
8 type of bush or tree.
9
10
11
12
DET. STONE:
This is the arrest team?
DET. DOMINIQUE PEREZ:
Yes, the arrest team.
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
I remember there being
13 some larger boulders here.
14
15
DET. STONE:
Uh-huh?
DET. DOMINIQUE PEREZ:
And then I am down about
17
16 here.
18
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
And there's a graded
19 type -- like I said, a very rough-looking, skinny
20 path that they would have to negotiate to get
22
21 towards where the suspect is at __
23
24
25
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
-- to effect an arrest.
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
So I'm staging here.
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1 They have their less lethal options and they're
2 oriented that way, interacting with the suspect.
3
DET. STONE:
Uh-huh?
4
DET. DOMINIQUE PEREZ:
Now, I had just -- I had
5 just arrived, like I said, and clicked on my camera
6 and waiting for that break in the -- in the
7 interaction, and keeping them in my peripheral
8 vision.
But now the -- but now the suspect is
9 starting to move and gather his bags again and do
10 some other behavior, also still talking to the
11 to this arrest team right here.
12 Shortly after that, there was a -- a plan
13 started being executed by the arrest team where a
15
14 noise/flash diversionary device was deployed.
16
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
Okay. So the
17 noise/flash diversionary device gets deployed up
18 here, roughly in this rocky area __
19
20
21
22
DET. STONE:
Yeah?
DET. DOMINIQUE PEREZ:
-- near the suspect.
DET. STONE:
Uh-huh?
DET. DOMINIQUE PEREZ:
Observing it, I
23 immediately see no effect, go to the suspect
24
showing no effect from it.
While that is
25 occurring, I'm flipping on my light __
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16
It was -- it was then that
1
DET. STONE:
Okay.
2
DET. DOMINIQUE PEREZ:
-- to my rifle --
3
DET. STONE:
Okay.
4
DET. DOMINIQUE PEREZ:
-- so that I could
5
better see what the suspect was doing.
There was a
6
lot of smoke.
And due to where the noise/flash
7 diversionary device landed, there was a lot of sand
8 and the smoke that was kind of coming pluming up
9
right near the suspect.
That having no effect, I
10 then -- I believe there's -- the Taser shotgun
11 rounds were deployed.
12
DET. STONE:
Uh-huh?
13
DET. DOMINIQUE PEREZ:
Also showing no effect
14
on the suspect.
I'm giving -- like I said, I'm
15 giving commands from here for the subject to get
or the suspect to get down.
I say that repeatedly.
17 Still keeping visual on the suspect and I'm really
18 focusing on him and what he's doing with his hands
19 and his demeanor.
20
I then see the police service dog get let __
21
or get deployed.
He goes up to the suspect and I
22 see no effect from the -- from the K-9 PSD, excuse
23
me, police service dog.
24 while I'm giving these commands, and the police
25 service dog is moving up, I'm focusing on the
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15
And raises them up in
1 suspect's hands, like I said, and he begins to
2 reach down into his -- excuse me -- let me -- let
3 me go back.
4
DET. STONE:
Sure?
5
DET. DOMINIQUE PEREZ:
The PS -- the police
6
service dog is moving up.
I then, out of my
7 peripheral, do see movement from the arrest team.
8
DET. STONE:
Uh-huh?
9
DET. DOMINIQUE PEREZ:
And I see officers
10 moving -- up -- down -- up this trail, negotiating
11 this trail.
12
DET. STONE:
Yeah?
13
DET. DOMINIQUE PEREZ:
And they're moving
14 forward here towards this -- towards the suspect.
The suspect at this time is not armed.
Then, as
16 they're starting to move up this trail, the suspect
17 starts reaching down into his waistband area.
18
DET. STONE:
Okay.
19
DET. DOMINIQUE PEREZ:
Which now I'm at a
20 heightened sense of caution watching what he's
21
doing.
They're getting closer.
He then comes out
22 with two knives in each hand, holding them kind of
23 like in an ice pick grip.
24
DET. STONE:
Yeah?
25
DET. DOMINIQUE PEREZ:
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14
Uh-huh?
1 in an upward fashion and standing in a really
2
aggressive like fighting stance.
Up on the rock
3 face -- or excuse me, on the rock formation right
4
here.
The -- the arresting officers are now well
5 within close proximity, I mean, very close
6 proximity to the suspect who is now standing
7
looks like he's towering over them.
And I am
8 standing like -- like I said, this is like layering
9 here.
While that is happening, I'm identifying
10 that the suspect -- that what's in his hands, that
11 what he's holding, the shiny nature from my light,
12 the shiny nature in the scene that the ice pick
13 handle -- excuse me, the ice pick grip on it, I
identify it as a knife in both hands.
He's
15
towering over them and I'm
was now, because of
16 the close proximity, I was in fear that that
17 suspect was going to come down and stab the
18 officers that were right -- pretty much right
19 underneath him.
20 It was then at that time I'm keeping focus
21 on that -- on that suspect and I start bringing up
22 my rifle.
I'm now transitioning from looking over
23 my rifle at the suspect and bringing my rifle
24 sights up into my line of sight to the suspect.
25
DET. STONE:
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17
Coming out of recoil at the target
1
DET. DOMINIQUE PEREZ:
While that's -- while
2 I'm raising that -- raising my sights up into my
3 line of sight, I'm now transitioning my focus from
4 the suspect to my red dot
5
DET. STONE:
Uh-huh?
6
DET. DOMINIQUE PEREZ:
which is inside
7 obviously inside my sight, so that I can have
8
accurate and sighted fire.
Because it was at that
9 time I decided to use deadly force on the suspect
10 to save the lives of those officers who were in
11 close proximity to him.
12
I transitioned, like I said, I transitioned
13 to my red dot sight and placed that in -- what I
14 had was a gray sweatshirt from the suspect.
15 Placing that center mass at that available target
16 area.
DET. STONE:
Yeah.
18
DET. DOMINIQUE PEREZ:
And then also looking
19 through that and focusing on that sight, watching
20 my peripheral view of the officers that are in
21 close proximity, for their safety, so that I do not
22
hit them.
I'm keeping that -- their position in
23 mind.
I then disengage my safety, place my finger
24
on the trigger.
I then deploy, I believe, two to
25
three rounds.
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19
Movement and then from
1 location, coming out of recoil, keeping my red dot
2 sight on where the subject was standing with the
3 two knives over the officers, after coming out of
4 recoil of my final round, I see the suspect turning
5 and falling away from me, out of my view, falling
6 down, facedown.
7
I then bring my rifle down, out of -- bring
8 my rifle down out of my shoulder and look over my
9 sights to now assess the situation, and which I
10
could not see him anymore.
I see the officers are
11 there.
I engage my safety on my rifle.
I then
12 negotiate over this boulder that I was right in
13 front of to try and -- actually, it's right here.
14 I come up over this boulder and then I'm starting
15 to negotiate this terrain, which is like in an
16 upper angle here, and start walking up to get on
17 line with the arrest team that's -- that's right
18 here, so they've moved up to here.
DET. STONE:
Could you just put like movement
20 for them?
21
DET. DOMINIQUE PEREZ:
Sure.
22
DET. STONE:
And then do another thing for
23 movement to your position, where you shot, and then
24 movement again.
25
DET. DOMINIQUE PEREZ:
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21
I then hear,
1 here, this is where I shot.
2
DET. STONE:
Okay.
3
DET. DOMINIQUE PEREZ:
And then I moved up this
4 terrain and came up to here.
5
DET. STONE:
Okay.
6
DET. DOMINIQUE PEREZ:
Do you want me to label
7 that as movement also?
8
DET. STONE:
Sure, yeah, because I won't
9 remember in two months.
10
DET. DOMINIQUE PEREZ:
Sounds good.
11
Okay.
So I'm now here, and I come moving up
12 to where those -- the arrest team is now up here,
13
and then orient on the suspect.
Because after I --
14 after I had engaged -- or fired my rounds, the
15 threat was not there -- the imminent threat was not
16 there anymore, but the threat was still posed by
17 the suspect because I came up to here and I could
18 clearly see that the suspect was laying facedown
19 but he was still clenching ahold of both knives in
20 both hands.
Now that I'm in this position, I hear and
22 I'm assessing the situation, I hear that the other
23 officers are also announcing -- on the arrest team,
24 they're also announcing, "The knives are still in
25
his hand."
I'm looking at it also.
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20
After he's placed in
1
"Beanbag, beanbag, beanbag."
The beanbag rounds
2 are deployed on the suspect.
3
DET. STONE:
Uh-huh?
4
DET. DOMINIQUE PEREZ:
I see them impact the
5 lower area of the suspect, and I see no -- no
6
result, no movement from it.
The police service
7 dog was then used, and so the dog is -- moves up on
8
the suspect and goes in on I believe his legs.
I
9 see no movement other than what the dog is doing to
10 the suspect.
11
Nonverbally, the -- the motion is that we're
12 going to move up to start taking the suspect into
13
custody.
I move up directly from here straight
14 at a straight line to the suspect and come in
15 over -- come in over top of him, if you will, from
16
his legs, so his head's facing north.
I come in
17 from his legs that are facing south, stand over him
18 and keep lethal coverage on him because the knives
19 are still in his hand.
DET. STONE:
Gotcha?
21
DET. DOMINIQUE PEREZ:
One of the officers
22 comes around and begins -- comes around, excuse me,
23 and starts placing him in custody.
24
DET. STONE:
Uh-huh?
25
DET. DOMINIQUE PEREZ:
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17
I didn't hit on this before, but,
1 custody, I make sure that there's lethal coverage,
2 standing by with the other officers that are
3 dealing with the suspect.
4
DET. STONE:
Uh-huh?
5
DET. DOMINIQUE PEREZ:
I then move from there,
6 with another officer over here to the rock
7 formation where the suspect was standing, just to
8 further clear the area and check for any other
9
individuals.
After clearing that, I turned off my
10 camera, because I knew I wasn't going to have any
11
more interaction.
I knew I'd be separated, I knew
12 I was involved in a -- excuse me, in a
13 police-involved shooting.
14
I walked down the hill, which my sergeant
15
was right there.
I identified -- I told him I was
16 involved in an officer-involved shooting and I knew
I had to get separated.
So then I went and got
18 separated, staged away in a vehicle and stood by to
19 be handled administratively by Criminalistics.
20 That -- there, I stood by until I was processed by
21 Criminalistics.
22
DET. STONE:
Okay.
Cool.
Just going to go
23 back and just go over certain things?
24
DET. DOMINIQUE PEREZ:
Okay.
25
DET. STONE:
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1 Dom, what's your man number?
2
DET. DOMINIQUE PEREZ:
5036.
3
DET. STONE:
5036?
4
DET. DOMINIQUE PEREZ:
36, yes.
5
DET. STONE:
And what's your call sign?
6
DET. DOMINIQUE PEREZ:
716.
7
DET. STONE:
Okay.
And how long have you been
8 on the department?
9
DET. DOMINIQUE PEREZ:
About eight years now.
DET. STONE:
Eight years? And you're currently
12
11 assigned to which unit.
DET. DOMINIQUE PEREZ:
The SWAT team, Tactical
13 Section, Special Operations Division.
14
DET. STONE:
Okay.
And how long have you been
16
15 assigned there?
17
DET. DOMINIQUE PEREZ:
About five years.
DET. STONE:
Awesome.
Okay.
You had mentioned
18 that, you know, you were hanging out with your
19
family at your house when you got this call.
Did
20 you put your uniform on when you were at the house
22
21 or did you do it when you got to the scene?
DET. DOMINIQUE PEREZ:
I put it on at the
23 house.
24
DET. STONE:
Okay.
And you had mentioned that
25 the uniform is like a -- like an OD green uniform?
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8
1
DET. DOMINIQUE PEREZ:
It does.
2
DET. STONE:
And briefly run through me again
3 what equipment you were wearing on your person at
4
that time.
Not the guns, just the other equipment.
5
DET. DOMINIQUE PEREZ:
Okay.
I have
6 noise/flash diversionary devices.
7
DET. STONE:
Uh-huh.
DET. DOMINIQUE PEREZ:
Electronic restraint
10
9 device, Taser.
11
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ: Additional ammunition
12 for my rifle, for my primary weapon system, and
13 additional -- additional ammunition for my
14 secondary weapon system, my pistol.
15
16
17
DET. STONE:
Uh-huh.
DET. DOMINIQUE PEREZ:
Also my gun belt, with
handcuffs, and, of course, my pistol, excuse me.
18 set of flex cuffs, or disposable handcu t rs, if you
19 will.
21
DET. STONE:
Gotcha.
DET. DOMINIQUE PEREZ:
My helmet, with night
22 vision equipment, personal recording device, my
23 camera, and -- I'm sorry, I have a -- I have a
24 pouch with a -- I'm a member of the breaching team,
25 so I have breaching rounds.
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A
30
18
my department-issued
1
DET. STONE:
Breaching rounds? Gotcha.
2
DET. DOMINIQUE PEREZ:
I did not deploy with my
3 breaching shotgun because there was no structure,
4 so I left that behind.
5
DET. STONE:
But you have the rounds always
6 readily available?
7
DET. DOMINIQUE PEREZ:
They're always on my
8 kit.
9
DET. STONE:
Gotcha.
10
DET. DOMINIQUE PEREZ:
And then I have an
11 accessory pouch that has (inaudible) sticks for
12 marking (inaudible), and that would be -_ excuse
13 me, clear eyes and gloves, for personal protective
14 equipment.
15
DET. STONE:
Okay.
When you say "clear eyes,"
16 is that like ballistic glasses, something like
17 that?
DET. DOMINIQUE PEREZ:
Yes.
For fragmentation,
19
so if any type of debris or anything
keeps that
20 out of your eyes so your eyes don't get hurt.
21
DET. STONE:
Gotcha.
Okay.
And what guns were
22 out carrying at that time?
23
DET. DOMINIQUE PEREZ:
At that time, I was
24
carrying my SWAT-issued
25 SWAT rifle -_
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So they had -- they had
1
DET. STONE:
Uh-huh.
2
DET. DOMINIQUE PEREZ:
-- which is an M4, and
3 then I had my secondary weapon system, which was a
4 Glock, a Glock 21, which that's personally bought.
5
DET. STONE:
Okay.
Throughout that incident,
6 did you ever pullout your Glock 21?
7
DET. DOMINIQUE PEREZ:
I did not.
8
DET. STONE:
Okay.
So the M4 is the only
9 weapon you used?
10
DET. DOMINIQUE PEREZ:
Correct.
11
DET. STONE:
Okay.
And you said that your
12 helmet was outfitted with a helmet camera?
13
DET. DOMINIQUE PEREZ:
Correct.
14
DET. STONE:
So when you were going en route
15 and you said that you'd turned on your KDT or even
16 going through the call, were you aware of any
17 charges that this guy had from the previous
18 incident with the other police officers?
DET. DOMINIQUE PEREZ:
I knew that they were
20 that they had contacted -- that they went to
21 contact him in reference to illegal camping on the
22 Open Space.
23
DET. STONE:
Yeah.
24
DET. DOMINIQUE PEREZ:
25 that -- or that charge that they were dealing with,
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9 scene, you said that you had parked -- did you park
18
7
8
1 and then with contacting the suspect, he then
2
advanced on them with knives.
So then there was
3 the aggravated assault.
4
DET. STONE:
On a police officer?
5
DET. DOMINIQUE PEREZ:
On a police officer.
6
DET. STONE:
And that charge is a felony?
DET. DOMINIQUE PEREZ:
Yes, it is a felony.
DET. STONE:
Okay.
So when you arrived on
10 on a residential street?
11
DET. DOMINIQUE PEREZ:
Yes.
I parked on the
13
12 primary street, the Piedra Vista.
DET. STONE:
Piedra Vista.
And then you went
15
14 through the backyard to get to the open terrain?
16
17
19
20
21
22
23
DET. DOMINIQUE PEREZ:
I did.
DET.
STONE:
Okay.
Just
kind
of go
through
what you
observed
as --
what
the
terrain
looked
like
where
you
were
having
to go
into.
DET.
DOMINIQUE
PEREZ:
Okay.
So
from
-- are
you
talking
from
the
back
wall
of the
DET. STONE:
Yeah.
Just like
DET. DOMINIQUE PEREZ:
I'm sorry.
DET. STONE:
Describe what the foothills look
25
24 like up there.
DET. DOMINIQUE PEREZ:
Okay.
All right.
So
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21
And
1 from the back of the -- from the back of the
2 residence, as I was coming out, it's a big open
3 or a hundred yards of open mesa
4
DET. STONE:
Uh-huh.
5 DET. DOMINIQUE PEREZ: that's very rural up
6 and down, lots of rocks, lots of cactus bushes
7 that's known to happen in -- that's known to grow
8 in the New Mexico mesa.
9
DET. STONE:
Uh-huh.
10
DET. DOMINIQUE PEREZ:
And the hill, the base
11 of the hill is about a hundred yards away, and then
12 coming up the hill with mUltiple boulders and rocky
13
terrain.
Directly in the middle of it, if you go
14 from where I was standing, is a -- the large rock
15
formation where the suspect was at, so that.
And
16 then above -- above that rock structure __ or
17 excuse me, rock formation, was smaller boulders,
18 smaller things like that, but the whole hill in
19 itself was rocky terrain, uneven terrain, bush,
20 lots of cactus, and it was very open __
DET. STONE:
Uh-huh.
22
DET. DOMINIQUE PEREZ:
in all directions.
23
Actually, to the north and south, very open.
24 then of course going in an upper motion on the
25 hills to the east, and then it all opened up back
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16
I couldn't make
1 down towards the residences that backed up against
2 against it (inaudible) foothills.
3
DET. STONE:
Okay.
All right.
So up in the
4 area where you were having to walk up into, was it
5 relatively steep t erraLn >
6
DET. DOMINIQUE PEREZ:
Yes.
It was definitely
7
higher than -- than where I started out.
I mean,
8 there was a big climb to go across the mesa, the
9
open area, and then up the hill.
I can't even
10 really guess at the angle
11
DET. STONE:
Sure.
12
DET. DOMINIQUE PEREZ:
-- or the grade if you
13 will, but it was a pretty steep __
14
DET. STONE:
Pretty steep incline?
15
DET. DOMINIQUE PEREZ:
area.
DET. STONE:
Okay.
You mentioned that when you
17 got out there when you're scanning to see where the
18 suspect is, your attention is drawn to this guy,
19 who's up on the rocky area what you indicate on the
20 map?
21
DET. DOMINIQUE PEREZ:
Yes.
22
DET. STONE:
And you said that he was irate, or
23 yelling?
24
DET. DOMINIQUE PEREZ:
Yeah.
25 out what he was saying, but it was clear that he
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18
It wasn't
1 was shouting at the officers that were here to the
2 south, the arrest team.
3
DET. STONE:
So based on that it was pretty
4 apparent that he was probably your suspect?
5
DET. DOMINIQUE PEREZ:
Yes.
6
DET. STONE:
You had mentioned that the
7 officers that were to the south and lower than him,
8 you had referred to them as the arrest team?
9
DET. DOMINIQUE PEREZ:
Yes.
10
DET. STONE:
Okay.
Did you know or did you
11 immediately recognize any of the officers out there
12 at the time?
13
DET. DOMINIQUE PEREZ:
Not -- not initially,
14 because as -- when I came up to this position right
15 here, my initial point, when I got right here, this
16 tree was kind of blocking my way to walk up to them
17 safely.
DET. STONE:
Okay.
19
DET. DOMINIQUE PEREZ:
So I was going to have
20 come forward towards the suspect to come back
21
around to see them.
So I just had visual of -- of
22 them, and couldn't really see their faces because
23
they were oriented towards the suspect.
24 until I was actually finishing up with the
25 situation, resulting situation that I actually saw
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17
It was getting -- it was getting
1 who they were.
2
DET. STONE:
Okay.
And when you first moved
3 up, did you notice if any of them had a police
4 service dog at that time?
5
DET. DOMINIQUE PEREZ:
Yes.
I saw that the
6
K-9 -- there was a K-9 handler over here.
I could
7 see the K-9, but I couldn't really see who was
8 kneeling down at first over here.
9
DET. STONE:
Okay.
You know, you mentioned
10 that you had been on the SWAT team for about five
11
years.
So walking into the area that you were at,
12 even though you couldn't recognize the officers,
13 seeing that, how they positioned, and with the
14 police service dog, did you recognize them as __ as
15 like an arrest team, forming them as an arrest
16 team?
DET. DOMINIQUE PEREZ:
Yes.
18
DET. STONE:
Okay.
You mentioned that you had
19 deployed also with night vision?
20
DET. DOMINIQUE PEREZ:
I did.
21
DET. STONE:
What was the lighting condition
22 like at that time of day?
23
DET. DOMINIQUE PEREZ:
It was, I would say,
24
right at sunset.
25 dark, so from when I first arrived and I was
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So with that, up there in
1 ori,enting myself on the situation, it was already
2 starting to get dark.
3
DET. STONE:
Okay.
4
DET. DOMINIQUE PEREZ:
And then from my
5 movement to this position right here, like I said,
6 it was growing dark, more dark by the time I got
7 there.
8
DET. STONE:
Okay.
9
DET. DOMINIQUE PEREZ:
So I could tell for __
10 for reference, if you will, I could tell how much
11 darker it had gotten since I had gotten there,
12 because when I initiated my light and the distance
13 I was at to the suspect, when I initiated my light
14 to illuminate the suspect, it was definitely very
15
vibrant.
And in normal daylight settings, you
16 wouldn't see that.
17
DET. STONE:
Okay.
18
DET. DOMINIQUE PEREZ:
It would kind of drown
19 out in the daylight.
DET. STONE:
Right.
21
DET. DOMINIQUE PEREZ:
So it definitely
22 projected a good amount of light.
23
DET. STONE:
Okay.
24 the foothills area, is there any lighting that you
25 would see like in the city, like on the streets?
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14-;::(,:"
19
Well, with the -- we're
38
1 Are there any lamps up there that would turn on at
2 night once the Sun goes down? Like where you were,
3 did you notice any like
4
DET. DOMINIQUE PEREZ:
Out in the rural area __
5 excuse me, out in the foothills? No, there was __
6
DET. STONE:
Nothing?
7
DET. DOMINIQUE PEREZ:
-- nothing that I could
8 see, no.
9
DET. STONE:
Okay.
So if the sun was to go
10 down, the only lights that you guys would have out
11 there would be like the lights that you have on
12 you?
13
DET. DOMINIQUE PEREZ:
Correct.
14
DET. STONE:
Okay.
15
DET. DOMINIQUE PEREZ:
Yeah.
We would have
16 to -- we would have to illuminate probably with
17 armings or have to figure out some way to
18 illuminate the area by ourselves.
DET. STONE:
So it's -- the distance that it
20 was to progress into nighttime, being now that
21 you're up in the rural area, in the foothills, how
22 would that be different than if you were down here
23 in the city, as it progresses into nighttime, like
24 with the lighting issue?
25
DET. DOMINIQUE PEREZ:
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15
When you moved -- when you
1 definitely not close to -- I would say there's
2
already that hundred
hundred-yard distance,
3 we're not close to sockets or anything like that so
4 that we can establish individual amount of lights
5 or just posting up lights to illuminate the area.
6 The terrain wouldn't allow for our vehicles to
7 orient themselves in a way to actually light that
8 area up.
The -- with -- with a -- excuse me, with
9 a -- in the city, in the urban area, you already
10 have the ambient light, the lights from other __
11 from porches, from houses, from things like that,
12 and you can actually pull vehicles up and orient
13 spotlights and things like that and actually get
14 some good feedback from those lights.
Due to the distance, that it was going to be
16 very open, it was going to be very hard to see the
17 suspect, if ._- if it progressed into night, it was
18 going to be very hard to see him. He could
19 actually duck down behind the duck down behind
20 the rocks and potentially pop up right next to a
21 perimeter unit or right in front of another
22 officer, and they wouldn't even know because of the
23 terrain and how open it is.
24
DET. STONE:
Okay.
25 moved further up closer to the arrest team and you
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16
Couldn't clearly
1 said the guy was still shouting, were you able to
2 make out anything that he was saying to the arrest
3 team?
4
DET. DOMINIQUE PEREZ:
When I moved -- I'm
5 sorry? When I moved from
6
DET. STONE:
Yeah, when --
7
DET. DOMINIQUE PEREZ:
-- here to here, or -_
8
DET. STONE:
Yeah, when you're up here a little
9 bit closer to the area and he's shouting, did you
10 ever
I guess at any time, did you ever make out
11 what he was saying to them?
12
DET. DOMINIQUE PEREZ:
The only time I actually
13 was able to make out that he was saying was when I
14 first initially got there.
15
DET. STONE:
Gotcha?
DET. DOMINIQUE PEREZ:
-- and was waiting for
17 that pause between their interaction, and he was
18 making that -- something about that it would be
19 legal for him to murder them, or something along
20
those lines.
That was about the only thing they
21 heard.
Other than that, it was statements that I
22 couldn't clearly
23
DET. STONE:
Couldn't clearly understand?
24
DET. DOMINIQUE PEREZ:
25 understand.
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22
Yes.
1
DET. STONE:
Okay.
You had mentioned about
2
containment.
Based on your training and
3 experience, especially being a member of the SWAT
4 team, when you are going to effect an arrest on a
5 subject, is it typical in your training to set up a
6 perimeter and contain a subject?
7
DET. DOMINIQUE PEREZ:
Yes.
8
DET. STONE:
Okay.
And why is that?
9
DET. DOMINIQUE PEREZ:
Because the more
in
10 order to effectively take that subject into
11
custody
or that suspect into custody, we need to
12 be able to not let him get outside of the
13 perimeter, right?
14
DET. STONE:
Uh-huh.
15
DET. DOMINIQUE PEREZ:
And keep it -- keep the
16
situation close to
close to us so that we are
17 protecting the public from getting out of that __
18 so protecting the public from that suspect getting
19 out and possibly hurting other people in the public
20 or even other officers that are in the outer
21 perimeter.
DET. STONE:
Okay.
23
DET. DOMINIQUE PEREZ:
So we -- did I clarify?
24 I'm sorry.
25
DET. STONE:
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Okay.
1
DET. DOMINIQUE PEREZ:
If I didn't, I __
2
DET. STONE:
No, you did.
3
DET. DOMINIQUE PEREZ:
please rephrase your
4
question so I can better answer it.
I apologize.
5
DET. STONE:
No.
You did.
So given that, and
6 if you could indicate on the map, I know this is a
7 rural area, but to the west over here, you said
8 that you had initially parked on the residential
9 street?
10
DET. DOMINIQUE PEREZ:
Uh-huh.
11
DET. STONE:
Could you just kind of describe or
12 draw like where the residential area starts? And
13 it could just be like a line.
14
DET. DOMINIQUE PEREZ:
Well, in regard to where
15 this is at, it would be way -- this is actually
16 if we are trying to do it as far as distance of
17 this--
18
DET. STONE:
Uh-huh.
19
DET. DOMINIQUE PEREZ:
-- it would be the edge
20 of the wall.
DET. STONE:
Okay.
22
DET. DOMINIQUE PEREZ:
And then there was the
23 residence here and then the street is like right
24 here.
25
DET. STONE:
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19
1
2
3
DET. DOMINIQUE PEREZ:
Sorry.
DET. STONE:
That's all right.
DET. DOMINIQUE PEREZ:
And so we could say like
4 right here was the gate.
5
DET. STONE:
To the residence that you went
7
6 through?
DET. DOMINIQUE PEREZ:
Yeah, that I went
8 through like about right here.
9
DET. STONE:
Okay.
And this whole area down
11
10 there, are there a bunch of other houses down here?
12
DET. DOMINIQUE PEREZ:
Yes.
DET. STONE:
Okay.
And what
what day was
13 this, what day of the week? Do you remember?
14 DET. DOMINIQUE PEREZ: Sunday.
15
DET. STONE:
Sunday.
Okay.
And you said this
16 was when the sun started to go down, so it was in
18
17 the evening time?
DET. DOMINIQUE PEREZ:
Correct.
DET. STONE:
Okay.
When you arrived, did you
20 notice if there were any citizens out? Did you see
21 anybody like out near the residence or anything
23
22 like that?
24
DET. DOMINIQUE PEREZ:
No.
When I -- actually,
I did.
When I first arrived, there was some
25 residents or people walking their dog on the
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44
1 opposite side of the street where I pUlled up.
2
DET. STONE:
Uh-huh.
3
DET. DOMINIQUE PEREZ:
And when I first
4
initially went to -- I was at this house here.
5 went to go look and orient myself, when I came
6 back, after checking with Sergeant Fox, I went back
7 to my vehicle and they were actually walking on the
8 other side of the street, just a male and female,
11
10 situation"--
9 kind of looking at -- "Wow, this is a crazy
12
13 me.
14
DET. STONE:
Okay.
DET. DOMINIQUE PEREZ:
is what they said to
DET. STONE:
Okay.
You briefly talked about
16
15 this path that was right here?
17
DET. DOMINIQUE PEREZ:
Uh-huh.
DET. STONE:
And you said that it was really
18 narrow path. Did it appear to be like a manmade
19 path, or was it just more like a little __ kind of
20 like a game trail or something like that?
DET. DOMINIQUE PEREZ:
I would say it was like
22 a game trail, because it didn't seem like a
23 definable, heavily trafficked path.
24
25
DET. STONE:
Uh-huh.
DET. DOMINIQUE PEREZ:
It looked like it was
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22
Based on, you know,
1
just -- well, like you said, a game trail.
Very
2 skinny and still very rocky and uneven.
3
DET. STONE:
Okay.
And was it -- was it flat
4 all along here, or did it kind of just raise up
5 with the terrain?
6
DET. DOMINIQUE PEREZ:
It pretty much just
7 raised up with the terrain.
8
DET. STONE:
Okay.
9 DET. DOMINIQUE PEREZ: So from -- from the __
10 the rock formation here, it would go at a downward
11 grade towards the arrest team.
12
DET. STONE:
Okay.
And on -- all around you
13 guys, what kind of like vegetation did you notice
14 that was out there?
15
DET. DOMINIQUE PEREZ:
I ran -- well,
16 seve ral -- several cactus, which I ran into, a lot
17 of.
And l~ke I said, right here there was a pretty
18 large -- I'm really not familiar with that __ every
19 one calls it like pinon trees and stuff like that.
20 It seems they're just sage-type bushes and sporadic
21 like mesa weeds and bushes.
DET. STONE:
Cool.
Okay.
23 you being in the SWAT team and the training you've
24 had before, have you been on other situations where
25 you have been a part of the team where a K-9 was
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20
So on this particular
1 deployed?
2
DET. DOMINIQUE PEREZ:
Yes, sir.
3
DET. STONE:
Okay.
When K-9 is typically sent
4 off or deployed at a suspect, what does that __
5 what do you usually see that K-9 do?
6
DET. DOMINIQUE PEREZ:
In my past experience,
7 the -- the police service dog would go bite and
8 hold on the suspect and keep ahold of the suspect
9 until the handler comes up and removes him off of
10 off of the suspect.
11
DET. STONE:
Okay.
All right.
And does
12 that -- does that typically divert the suspect's
13 attention at all, when the K-9 goes and actually
14 bites and holds like that?
15
DET. DOMINIQUE PEREZ:
Absolutely.
The
on
16 the situations that I've been on, the focus of the
17 suspect on the arrest team immediately goes to the
18 K-9 -- the police service dog while it's latching
19 on, while it's taking ahold of the suspect.
DET. STONE:
Okay.
21
DET. DOMINIQUE PEREZ:
So they focus on the dog
22 and allow us to move up.
23
DET. STONE:
Okay.
24 instance, did it seem like the suspect's attention
25 was diverted to the dog?
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1
DET. DOMINIQUE PEREZ:
No.
It -- there was
2 rapidly -- like I said, rapidly, very dynamic
3
situation.
It did not appear that the dog __
4 police service dog had any effect on the suspect.
5
DET. STONE:
Okay.
And also going in with some
6 more training have you had training on deploying a
7 flashbang?
8
DET. DOMINIQUE PEREZ:
I have.
9
DET. STONE:
Okay.
Have you ever felt the
11
10 effects of a flashbang?
12
DET. DOMINIQUE PEREZ:
Yes.
DET. STONE:
Okay.
Can you just describe those
13 effects to me?
14
DET. DOMINIQUE PEREZ:
Well, there's a -_
16
15 there's a really bright light, a loud __ or excuse
17
me, a bright flash of light.
There is loud bang,
obviously.
And then there's a small -- or about a
18 4 to 5 psi of overpressure, which is like an
19
immense like wave feeling on your
on your
20 person, which kind of disorients and affects your
22
senses.
That's
I mean, that's pretty much it.
DET. STONE:
Okay.
And have you seen the
23 deployment of the flashbang in previous instances
25
24 on other suspects?
DET. DOMINIQUE PEREZ:
Yes.
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1 attention so an arrest team can move up to effect
2 the arrest?
3
DET. DOMINIQUE PEREZ:
Correct.
4
DET. STONE:
Okay.
So kind of like a
5 distraction?
6
DET. DOMINIQUE PEREZ:
Yes, it's definitely a
7 distraction.
8
DET. STONE:
Okay.
On this particular
9 instance, when the flashbang was deployed, did it
11
10 seem to have that desired effect on the suspect?
12
DET. DOMINIQUE PEREZ:
No, it did not.
DET. STONE:
Going to the training on a Taser,
13 have you ever felt the effects of a Taser?
14
15
DET. DOMINIQUE PEREZ:
Yes.
DET. STONE:
Okay.
Have you ever seen the
17
16 effects of a Taser on another individual?
18
DET. DOMINIQUE PEREZ:
Yes.
DET. STONE:
Okay.
Can you just describe those
19 effects to me.
20
DET. DOMINIQUE PEREZ:
The -- the Taser, the
21 effects really are like locking up the muscle
22 groups, and the suspect or the individual is __
23 their muscles lock up and they either fall to the
24 ground or it just locks them and it seizes all
25 their muscles, so that way they're basically
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19
You had stated that once a
1 like -- for lack of a better term, they're like a
2 board, not able to move their arms and legs and
3 fight, if you will, just basically restraining
4 them, allowing officers to approach and take them
5 into custody.
6
Having felt that myself, I could -- I
7 couldn't move my arms, I couldn't move my legs.
8 Just a quick -- a quick current that -- and shortly
9 after, you felt no pain, feel nothing, able to move
10 like normal.
11
DET. STONE:
Okay.
So in past instances when
12 you've seen subjects feeling the effects of the
13 Taser, were you able to identify that the Taser was
14 having an effect on that individual?
15
DET. DOMINIQUE PEREZ:
Yes.
16
DET. STONE:
Okay.
On this particular
17 instance, when you had said that Ingram had
18 deployed the -- is it shotgun Taser?
DET. DOMINIQUE PEREZ:
Yes.
20
DET. STONE:
Did it appear that those Taser
21 deployments were having any effect on that suspect?
22
DET. DOMINIQUE PEREZ:
No.
23
DET. STONE:
24 flashbang was deployed and the dog was deployed and
25 Ingram was firing the Taser rounds, the arrest team
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1 4 - 2 3 6 8 3'
51
1 was at that point closing distance with the
2 suspect?
3
DET. DOMINIQUE PEREZ:
Correct.
4
DET. STONE:
Okay.
Do you -- approximately, do
5 you know how close they got to him? Could you
6 tell?
7
DET. DOMINIQUE PEREZ:
The -- sorry, can you go
8 back on that question? Reiterate that question.
9 Did you say that when __
DET. STONE:
Basically
DET. DOMINIQUE PEREZ:
Officer Ingram was
13
12 deploying the Taser rounds
14
15
DET. STONE:
I guess what
DET. DOMINIQUE PEREZ:
(inaudible)?
DET. STONE:
The easiest -- the easiest way to
16 rephrase the question is, when the arrest team was
17 moving towards the suspect, after everything was
18 deployed
19
DET. DOMINIQUE PEREZ:
Okay.
20 DET. STONE: approximately how close did
22
21 that it get to him? And just an estimate.
DET. DOMINIQUE PEREZ:
My estimate would be
23 within 7 -- 7 feet.
24
DET. STONE:
Okay.
Have you ever gone through
25 any training on the department in relevance to
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19
And when you transitioned to look
1
DET. DOMINIQUE PEREZ:
And he's clenching them,
2 too.
3 DET. STONE:
Okay. And was he facing towards
4 the arrest team, away from the arrest team?
5
DET. DOMINIQUE PEREZ:
He was facing towards
6 the arrest team.
7
DET. STONE:
Towards the arrest team?
8
DET. DOMINIQUE PEREZ:
Yes.
9
DET. STONE:
Okay.
And when you saw that he
10 did that, pulled them out and presented them like
11 that, facing towards the arrest team, what did you
12 think he was going to do with those knives?
13
DET. DOMINIQUE PEREZ:
At that -- at that
14 instance, that's when I decided to follow through
15 with deadly force, because I felt that he was going
16 to -- I thought he was going to lunge forward and
17 stab the K-9 handler or the officer that was
18 directly next to him.
DET. STONE:
Okay.
You had mentioned that you
20
were looking over your
your M4 so you could see
21 what's in front of you?
22
DET. DOMINIQUE PEREZ:
Correct.
23
DET. STONE:
24 through your sight, you had said that you had a red
25 dot, a red reticle dot, is that what you had?
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16
Yes, it is.
1
DET. DOMINIQUE PEREZ:
Yes.
2
DET. STONE:
Okay.
Based on -- you had gone
3 through firearms training.
4
DET. DOMINIQUE PEREZ:
Yes.
5
DET. STONE:
In the past? Can you just briefly
6 explain, when you were sighting it on the target,
7 are you looking at -- are you focusing in on the
8 subject or are you focusing in on the sight itself?
9
DET. DOMINIQUE PEREZ:
I'm focusing on the
10
sight itself in relation to the target.
So I'm
11 moving my focus from -- from the clear picture of
12 the target to now focusing on the sight, which
13 clears up the sight and is putting it on a fuzzy
14 representation, if you will, of the target itself.
15 DET. STONE: Okay.
DET. DOMINIQUE PEREZ:
It's now focusing on the
17 sight to get sighted fire.
18
DET. STONE:
Cool.
So you still have sight of
19 the target in your peripheral, but the clear
20 portion of your focal vision is on the actual sight
21 itself?
22
DET. DOMINIQUE PEREZ:
Correct.
23
DET. STONE:
And is that to achieve accurate
24 fire?
25
DET. DOMINIQUE PEREZ:
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18
It's in order to
1
DET. STONE:
Okay.
So you said that at that
2 point in time you felt that this suspect was going
3
to stab your fellow officers.
They were within
4
about 7 feet of him.
So you did -- you fire your
5
weapon.
And about how many rounds did you say you
6 fired?
7
DET. DOMINIQUE PEREZ:
I believe I fired two to
8 three rounds.
9
DET. STONE:
Two to three rounds?
Okay.
And
10 then when you moved up to him, you had mentioned
11
that someone had fired a beanbag.
Do you remember
12 who that was?
13
DET. DOMINIQUE PEREZ:
No -- it was -- it was
14
my teammate, Officer Ramon Ornelas.
I knew it from
15 his voice, from his announcing his commands.
16
DET. STONE:
Gotcha.
Okay.
And do you know
17 why he fired the beanbag?
DET. DOMINIQUE PEREZ:
Due to my training and
19 experience in the past, I've had to deploy a
20
beanbag in similar situations.
21 identify and elicit a response from the suspect.
22 Because in the past, we've had suspects that
23 pretend to be injured, pretend to be down and
24 not -- not still fighting, and then they give us a
25 response from those things, from the noise/flash
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But just sporadic
56
1 diversionary device, from K-9, from the beanbag
2
rounds.
It then moves them, it causes them to move
3 and see if they're still fighting them or if the __
4 whatever means were used before that actually had
5 the desired effect.
6
DET. STONE:
Okay.
So when this guy was on the
7 ground, were you guys able to see if he still had
8 the knives in his hands?
9
DET. DOMINIQUE PEREZ:
Absolutely.
He was
10 clenching on to both of them right by his head.
11
DET. STONE:
Okay.
Once you guys moved up and
12 the guy -- the suspect was taken into custody, you
13 said that you had moved past a little bit to clear
14 the rest of the open area?
DET. DOMINIQUE PEREZ:
Yes.
16 DET. STONE: Did you notice anything up there,
17 like any gear, camping gear, anything like that?
18
DET. DOMINIQUE PEREZ:
There was -- in the
19 rock -- or in the rock formation, right about here,
20 all up here, there was a bunch of bags and all kind
21 of like -- like you -- like you said, I would say
22 like camping gear or just sporadic belongings, all
23 up here with a large plastic tarp, if you will, or
24
sheet -- sheet plastic over it.
25 things like that, which that's why I was up there
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1 clearing it, because I lifted up that plastic and I
2 was looking for any other Occupants, people,
3 anything, any other dangers that may be posing to
4 the officers and just looking around there.
5
DET. STONE:
Okay.
6
DET. DOMINIQUE PEREZ:
But, yeah, definitely
7 camping gear and stuff like that.
8
DET. STONE:
Okay.
When you were up here, when
9 you finally got up to this position where the
10 suspect had been, was this area more level than
12
11 what you guys had operated on, or was it as steep?
DET. DOMINIQUE PEREZ:
The final area up here
13 where his -- the camp was at, was level.
14 DET. STONE: Okay.
15
DET. DOMINIQUE PEREZ:
Was pretty much
16 straightforward -- or not straightforward, but
17 level.
And then. going back a little bit downward,
18 on the other side of this rock here, a little bit
20
19 back downward towards -- toward the north.
DET. STONE:
Okay.
So it's kind of like
21 crested off right here?
22
23
DET. DOMINIQUE PEREZ:
Yes.
DET. STONE:
Okay.
And you had mentioned that
24 this is the area that he primarily was in, and it
25 was more of an advantageous spot for him over you
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1 guys?
2
DET. DOMINIQUE PEREZ:
Yes.
It appeared that
3 he had like -- not like, but he did have a tactical
4 advantage in that spot, definitely with the rock
5 formation, being able to get behind the rock
6 formation and have sight over the whole area.
7
DET. STONE:
Okay.
Which -- which way was
8 north?
9
DET. DOMINIQUE PEREZ:
I'm sorry.
Let's do
this.
All right.
DET. STONE:
Throughout this instance, did you
12 ever see any like hikers or civilians hiking around
13 here from the time that you were here?
14
DET. DOMINIQUE PEREZ:
No, I didn't.
15 (Inaudible) .
16
DET. STONE:
Okay.
Is that because your
18
17 primary focus was on the suspect at the time?
19
DET. DOMINIQUE PEREZ:
Correct.
DET. STONE:
Okay.
Do you have any idea what
20 kind of containment you may have had over here?
21 Were you aware of any containment on this side at
23
22 that time?
DET. DOMINIQUE PEREZ:
Well, initially when I
24 arrived here, when I started moving up to the gate,
25 and kind of orient myself, I knew that somewhere
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15
I believe -- well,
1 other here, there was a containment to the north of
2
officers.
And then I saw -- again, I saw the
3
arrest team staged here in the beginning.
And I
4 believe I had a quick visual, but after moving up
5
into this position, I couldn't see them anymore.
6 believe there was Some containment, a little bit
7 still south, but online, and a little bit elevated,
8 if you will, of officers up here.
9
DET. STONE:
Okay.
10
DET. DOMINIQUE PEREZ:
So ...
11
DET. STONE:
Now, is there any area up here
12 that any of these officers could drive to, or would
13 they have -- is the only way to get up there by __
14 on foot?
DET. DOMINIQUE PEREZ:
On foot.
16
DET. STONE:
Okay.
So there's no roads up here
17 or anything like that?
18
DET. DOMINIQUE PEREZ:
Not that I saw.
And
19 from standing there, the way I had to get there, I
20 looked around the general area before I stepped off
21 (inaudible) see any potential way, but there was
22 nothing that I could tell.
23
DET. STONE:
Okay.
Do you know if any other
24 officer shot during this time?
25
DET. DOMINIQUE PEREZ:
Yes.
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19
Still interviewing Officer Dom
1 one of the arrest team that I moved up to support
2
was
shot at the suspect.
3
DET. STONE:
Okay.
All right.
4
AGT. CAGE:
Were those shots simultaneous, do
5 you know, or do you know?
6
DET. DOMINIQUE PEREZ:
In my --
7
AGT. CAGE:
(Inaudible)?
8
DET. DOMINIQUE PEREZ:
In my recollection, I
9 heard, while I was, like I said, transitioning and
10 sighting in on the suspect, about to deploy deadly
11 force, I heard other fire starting to occur while I
12 was pressing my trigger.
13
AGT. CAGE: Okay. That's all.
14
DET. STONE: Dom, is there anything that you
15 feel that is important that I should know that I
16 haven't asked you?
17
MR. ROBLES:
I'd like to take a minute to
18 (inaudible) .
DET. STONE:
Do you want to take a break?
20
MR. ROBLES:
Yes, please.
21
DET. STONE:
Okay.
We'll go ahead and conclude
22 this interview at 1910 hours.
23 (Off audio.)
24
DET. STONE:
Okay.
We're back on the record
25
here.
1916 hours.
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18
Also, I wanted to be clear, and actually
1 Perez.
2
Dom, do you have anything else that you want
3 to add that you think might be important?
4
DET. DOMINIQUE PEREZ:
Yeah.
I just wanted to
5 be -- I wanted to be clear on some of the less
6 lethal options that were deployed in my -_ in the
7 order they were deployed, if you will.
8
DET. STONE:
Okay.
9
DET. DOMINIQUE PEREZ:
I don't think I Covered
10 it in such great detail, so I just want to make
11 sure that it -- that it gets out there that first I
12 observed the noise/flash diversionary device that
13 was deployed by the arrest team that had no effect.
14 Then after that, there was the Taser shotgun rounds
15 that were deployed that had no effect, in that
16 in that order, and then the K-9 police service dog
17 was deployed, which also had no effect.
DET. STONE:
Okay.
19
DET. DOMINIQUE PEREZ:
I just wanted to be __
20 clarify the -- I didn't think I covered the X-12 __
21 or, excuse me, the Taser shotgun __
22
DET. STONE:
Okay.
23
DET. DOMINIQUE PEREZ:
in the order in which
24 I
which I saw them.
25
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19
So just so I
1 finish up on my explanation of my reason to use
2 deadly force.
3
DET. STONE:
Uh-huh.
4
DET. DOMINIQUE PEREZ:
Due to the -- not only
5 everything that I've said about the close proximity
6 of the officers and -- to the suspect and him being
7 armed and his posture and his intent and weaponry
8 that he was standing there, the -- I just want to
9 be clear that the -- due to this suspect's criminal
10 past and his willingness to hurt law enforcement
11 officers in the past, be armed with weapons, that
12 I -- I felt that I had no other choice than to use
13 deadly force.
14 I did not think that that suspect was going
15 to stop there and just stand there with his knives,
16
due to his excessive criminal history.
I felt that
17 he was going to lunge forward and stab those
18 officers or potentially even kill those officers.
DET. STONE:
Okay.
20
DET. DOMINIQUE PEREZ:
So I just wanted to be
21 clear on that.
22
DET. STONE:
Okay.
All right.
23 can understand, so based on the knOWledge you had
24 gained while going en route to the call, the fact
25 that they were updating officers on his past
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1 criminal history and the fact that he had attacked
2 officers in the past, based on the fact that the
3 noise diversionary device, the flashbang had no
4 effect on him, or appeared to have no effect, and
5 the fact that the Taser deployment appeared to have
6 no effect on him, and the fact that the police
7 service dog deployment appeared to have no effect
8 on him, and that he armed himself with the knives
9 even after all of that, that you believe that you
11
10 had no other choice than to Use deadly force?
12
DET. DOMINIQUE PEREZ:
Correct.
DET. STONE:
I understand.
f
Is there
Okay.
13 anything else that you think that I should know
14 about?
15
16
DET. DOMINIQUE PEREZ:
I believe I'm good.
DET. STONE:
All right.
We'll go ahead and
17 conclude the interview at 1920 hours.
19
20
21
22
23
24
25
(Conclusion of recording.)
QuickScribe
Editing - Transcription - Proofreading
(505) 238-8726
14- 2 3 6 8 3
17
Ke11i A. Gallegos
1
RE:
CASE NUMBER 14-0023683
INTERVIEW OF DET. DOMINIQUE PEREZ
2
3
4
TRANSCRIPTIONIST'S AFFIRMATION
5
I HEREBY STATE AND AFFIRM that the foregoing is
6 a correct transcript of an audio recording provided
7 to me and that the transcription contains only the
8 material aUdible to me from the recording and was
9 transcribed by me to the best of my ability.
10
IT IS ALSO STATED AND AFFIRMED that I am
11 neither employed by nor related to any of the
12 parties involved in this matter other than being
13 compensated to transcribe said recording and that I
14 have no personal interest in the final disposition
15 of this matter.
16 DATED this 21st day of April 2014.
18
----------------------
19
20
21
22
23
24
25
QuickScribe
Editing - Transcription - Proofreading
(505) 238-8726
64
Police Call #P140570002
'4-3683
Page 1 of 1
Detailed History for Police Call #P140570002 As of 3/19/2014 15:37:42
Priority:2 Type:39 . Disturbance
Location:812 PIEDRA VISTA RD NE,ALB Route Map It
LocCross:btwn PIEDRA lARGA PL NE and SOULA DR NE
/Created: 1/02/26/2014 00:02:001/PCAD211!P41871
!Entered: 1/02/26/2014 00:04:201/PCAD2111
p4
187!
/Dispatch:1102/26/2014 00:12:061/PCAD301/P27101
lEnroute : 1102/26/2014 00:12:10/15245 I/P5245/
IOnscene : 1102/26/2014 00:15:591/5245 IIp52451
IClosed: 1/02/26/2014 00:07:04I/PCAD30l/
P2710
1
PrimeUnit:G524 Dispo:8 Type:39 . Disturbance
Agency:APD AreaCiDist:FH Sector:524 Beat:524 rDetail
00:02:00 CREATE Location:812 PIEDRA VISTA RD NE,ALB Type:39 Name:THICKSTUN, ALEXANDER
Phone~7181 AreaC/Dist:FH BEAT/F BOX:524 TypeDesc:Disturbance LOcCross:btwn
PIEDRA~ PL NE and SOULA DR NE Priority:2 Response:20 Agency:APD LocType:S
E911Phne:OR E911Add:SANDIA SUBSTATION E911Subs:VZW E911Srce:WPH2 AliLong:.
106.483612 AliLatitude:35,081331
00:02:00 ALIGEO GeoLong:l06.483612 GeoLat:35.081331
00:02:00 ALIGEO GeoLong:l06.483612 GeoLat:35.081331 ClosestAdd:832 PIEDRA VISTA RD NE AddDesc:77
ft E ClosestInt:PIEDRA VISTA RD NE / PIEDRA lARGA PL NE InterDesc:303 ft NE
Areal:524 Area2:087541
00:04:20 ENTRY Comment: IN BACK OF 20 POSS COMING OUT OF PARK AREA -. CLR ADVING 2 MALE SUBJS IN A
VERBAL 39 FOR OVER 30 MINS .. CLR ADVING ONE SUBJ STATING FOR THE OTHER MALE SUBJ
TO LEAVE BEFORE HE HURTS HIM " NEG DESC OF SUBJS .. REQING 34S TO CK FOR SUBJS _.
NEG 25 W/CLR UNLESS NECESSARY
00:04:36 SELECT
00:04:36 CHANGE Weapons:None->Unknown Drugs:None-.>U Alcohol:None ..>Unknown
00:04:36 PREMIS Cornment:SEX
00:05:16 NOMORE
00:07:04 COMBIN Service:P Call:#P140561398 Type:31 Agency:APD
00:07:04 CLOSE
00:11:04 RO
00:11:07 SELECT
00:11:08 HOLD
00:12:06 DISP
00:12:06 PRIU
00: 12:10 *ENRTE
00:15:59 *ONSCN
00:19:14 MISC
00:02:00 ALI
00:22:21 *CLEAR
G524 Operator:P5245 OperNames:REEDER,MATTHEW
G524
G524
G524
G524 Comment: NEG 39 HEARD IN THE AREA
THERE .. S57 -4
G524 Dispo:8 Comment:NEG LOCATE ON ANY 31 OR 39 SUBJECTS IN THE AREA. THE PARK AREA
BEHIND THE 20 WAS THE BIKE TRAILS OF THE FOOTHILLS, NEG SUBJECTS HEARD OR 39
" BYPASS BEHIND THE 20 BUT NEG 39 HEARD BACK
00:22:21 ClEAR
00:22:21 *CLOSE
Police Event #P140750695
Page 1 of 16
Output (or: P2702
Detailed History for Police Event #P140750695 As of9/25/201416:04:37
14-23683
Priority:2 T)'pc:31 - susp PersNehs
L<>"ti'n,81Z PIEDRA VISTA RD NE,ALB Route Map It
LocCross:btwn PIEDRA LARGA PL NE and SOULA DR NE
jCreated: 1103/16/2014 15:53:43JlpCAD241Ip45251
jEntered: 1103/16/2014 15:57:27/lpCAD241Ip45251
IDispatch:Il03/16/2014 16:30:311IpCAD341Ip38731
jEnroute: 1103/16/201416:32:31113275 IIp32751
lonscene:1l03/16/201416:41:54113275 IIp32751
IClosed: I/03/17/201411:07:031IpCAD341Ip2463l
ICtlnit: PrimeUnit:I520A Dispo:8 Type:3}. Susp PersNehs
Agt'DCJ:APD AreaClDist:FH Sector.524 Beat:524
Case #:APJ40013683 P- Detail
15:53:43
15:57:27
15:57:27
15:57:32
15:58:54
15:59:32
16:16:53
16:24:56
16:25:31
16:30:31
16:30:31
16:31:36
16:32:31
16:34:52
16:41:54
16:48:29
17:01:55
CREATE
ENTRY
P4525/PCAD24 Location:812 PIEDRA VISTA RD NE,ALB Type:31
Name:THIXTON, ALEXANDER PhOne~181
AreaC/Dist:FH BEAT/F-BOX:524 TypeDesc:Susp
PersNehs LocCross:btwn PIEDRA LARGA PL NE and
SOULA DR NE Priority:2 Response:20 Agency:APD
LocType:S
Comment:1I EAST OF PIEDRA VISTA IN THE OPEN
SPACE AREA II APPROX 100 YARDS FROM CLR BACK
YARD...THERE IS A HOMELESS CAMP SET UP AT "un
MOUND, CLR HAS NOTICED 2 SUB.JS LIVING IN THE
ROCKS FOR THE PAST MONTH. 25 CLR HE CAN SHOW
UNITS WHERE
Comment:SEX, PPR
-PREMIS
NOMORE
SELECT P4142/PCAD30
HOLD
MISC
MISC
HOLD
DISP
-PRIU
DISP
*ENRTE
ENRTE
*ONSCN
*ONSCN
MISC
P3873/PCAD34 Comment:S55 10-4 ON CALLS HOLDING NUA
P4525/PCAD24 Comment:ALEXANDER 21'D BACK TO ADV THE SUB.J
HAS RETURNED TO THE CAMP SITE
P3873/PCAD34
1520A Operator:P3275 OperNames:MCDANIEL,.JOHN
P3275/3275
1520A
1522 Operator:P3394
OperNames:HERNANDEZ,PATRICK
P3394/3394
P4142/PCAD30
1520A
1522
Police Event #P140750695
17:02:08
BACKUP
17:02:08
BACKUP
17:02:11
'ENRTE
17:02:43 MISC
17:03:07
BACKUP
17:03:32
MISC
17:03:51
'ENRTE
17:04:46
BACKUP
17:05:48
17:06:40
17:07:55
P5404/5404
Page 2 of 16
14-23683
1520A Comment:AIR IS 10-3.
855 Operator:P3837 OperNames:CARPENTER,JASON
BK58 Operator:P5404
OperNames:WETTERLUND,CHRISTOPHER
BK58
P4142/PCAD30 Comment:SUBJ AT GUNPOINT. AIR IS 10-3.
F532 Operator:P5451 OperNames:ROGILLlO,JUSTIN
Comment:COPPER TRAILHEAD
P5451/5451
F532
P4142/PCAD30 F531 UnitID:S550perator:P5380
OperNames:MONETTE,MIKAL
'ONSCN P5380/5380
'ONSCN
'BACKUP P4771/4771
17:07:58
'ENRTE
17:08:34
ONSCN
17:08:57 MISC
17:09:00
ONSCN
17:10:23
ONSCN
17:11:15 'CLEAR
17:11:33 MISC
17:13:08 MISC
17:13:21 MISC
17:14:54 MISC
17:14:56
17:15:17
17:15:35
17:19:27
17:20:40
F531
F531
E534 UnitlD:F532 Operator:P4771
OperNames:HILL,JOHN
E534
P4142/PCAD30 F532
Comment:S55 AND BK48 ARE 56 WITH LESS LETHAL.
BK58
855
P4771/4771 E534 Dispo:4
P4142/PCAD30 855 Comment:SUBJ SAYING HIS NAME IS DA BOSS.
POSSIBLY 10-40
Comment:REQ 43 FOR EAST OF COPPER FROM
TRAMWAY.
P3873/PCAD34 855 Comment:43/55 STAND BY AT LAST STREET TO
THE NORTH OF COPPER
855 Comment:CIT IS ON SCENE AND CONTACTING
MALE SUBJ MALE IS NOT LISTENING TO COMMANDS
STILL TALKIGN TO MALE.
'BACKUP P5471/RTC07 RC35 Unlt1D:S55 Operator:P5471
OperNames:LUTHI,CHRISTOPHER
P4142/PCAD30 Comment:43 STANDING BY AT COPPERITURNER.
P5471/RTC07 RC35 Comment:Nothing In CITlWebquery/RTCC logs
MISC
'MISC
for "Da Boss".
MISC P3873/PCAD34 855 Comment:AIR 10-3
'CLEAR P5471/RTC07 RC35 Dlspo:8 Comment:WILL CONTINUE TO
MONITOR CALL IF ADDITIONAL -49 IS GATHERED.
Police Event #PI40750695
17:25:04
BACKER
17:25:26
CONTCT
17:26:08
MISC
17:26:53
*ONSCN
17:29:37
CHANGE
17:30:55
MISC
17:32:53
BACKER
17:32:55
CONTCT
17:38:41
CONTCT
17:41:36
MISC
17:22:25
17:22:44
17:22:46
17:23:30
17:24:23
17:42:05
17:45:44
17:45:47
17:48:14
17:54:12
17:56:48
17:57:42
Page 3 of 16
14-23683
MISC P3873/PCAD34 855 Comment:REQ'INGO N CALL GANG DET WITH
TAZER BEAN BAG.
*BACKUP P5294/5294 F524 Unit1D:S55 Operator:P5294
OperNames:KNIPPRATH,BROCK
*ENRTE F524
MISC P3873/PCAD34 855 Comment:SUBJ IS ARMED WITH 2 KNIVES. DID
PULL THEM OUT AND WALKED TOWARDS 34S. IS NOT
BEING REASONABLE MALE WAS ADVISED NOT TO
PASS A CERTAIN POINT OR HE WOULD BE BEAN
BAGGED.
MISC 855 Comment:CHECK ETA FOR CNT. CHECK WITH
STATE POLICE POSS WITH CIT TRAINING. SUBJ
REQUESTING LlASION WITH STATE POLICE
P3046/PCAD20 842 UnitlD:S55 Operator:P5198
OperNames:SANDY,KEITH
P3873/PCAD34 1522
855 Comment:REQ'ING K9
P5294/5294
F524
CONTCT
CONTCT
P3873/PCAD34 AreaC/Dist:FH->EVT5
855 Comment:STATE PD ADVING THEY CAN HAVE A
UNIT ENRT UNK IF HE IS CIT TRAINED.
P3046/PCAD20 754 UnitID:$55 Operator:P2774
OperNames:WEIMERSKIRCH,SCOTT
P3873/PCAD34 1520A
F531 F532
855 Comment:ADVING IF 34S RESPOND TO 812
PIEDRA VISTA THEY CAN CUT THROUGH BACK YARD.
345 STILL TALKING TO MALE WHO IS STILL NOT
COORPORATING.
BK58
842
BACKER P3046/PCAD20 756 Unit1D:754 Operator:P2400
OperNames:RONZONE,KENNETH
BACKER P3873/PCAD34 840A Unlt1D:842
*BACKUP P3826/3826
ONSCN
CONTCT
729 Unit1D:S55 Operator:P3826
OperNames:MACFARLANE,JEFFREY
P3873/PCAD34 842
F524
Police Event #P140750695
17:57:45
17:57:46
17:57:57
17:59:31
18:00:00
Page 4 of 16
14-23683
CONTCT 1522
CONTCT 754
MISC P3046/PCAD20 855 Comment:PIO 10.4 ON CALL
MISC P3873/PCAD34 855 Comment:STATE PD WENT 56 25'ING WITH SUBJ
BUT NO PROGRESS MADE
MISC 855 Comment:MALE WAS ASKED TO PUT WEAPONS
DOWN ON GROUND AND WALK TO 34S. EXACT
STATEMENTS WERE "HE WON'T SUBMIT TO
ANYBODY"
P4708/PCAD31 754 Dispo:8
P3873/PCAD34 855 Comment:REQ'ING RC UNIT TO RUN JAMES M
BOYD.975
P4708/PCAD31 7540
pera
tor:P2774
OperNames:WEIMERSKIRCH,SCOTT
P3873/PCAD34 1520A 842 840A BK58 F524 F531 F532
855729754
7561522
855 Comment:SUBJ MADE STATEMENTS "HE WOULD
NOT PUT DOWN HIS WEAPONS. STATED THAT IF 34S
WENT ANY CLOSER THAT SOMEBODY WOULD GET
HURT AND THAT HE WAS TOO MILITARY TRAINED TO
BE THE ONE TO GET HURT"
BACKER 719 Unit1D:729 Operator:P2624
OperNames:SEDLER,ANTHONY
ONSCN 754
ONSCN 756
MISC 729 Comment:PREMIETER AROUND BASE OF HILL.
TACTICAL WITHDRAWL OF 34S. WILL BE SENDING 34S
TO BLOCK NORTH AND SOUTH PED TRAFFIC.
BACKER 710 Unit1D:729 Operator:P2096
OperNames:FOX,JAMES
CLOS F524 Location:NORTH OF HILL
'BACKUP P5471/RTC07 RC35 Unit1D:S55 Operator:P5471
OperNames:LUTHI,CHRISTOPHER
CLOS P3873/PCAD34 BK58 Location:NORTH AND EAST OF HILL
'MISC P5471/RTC07
18:02:54
CLEAR
18:04:15
MISC
18:08:05
DISPER
18:08:22
CONTCT
18:08:22
CONTCT
18:13:25
MISC
18:16:06
18:16:14
18:16:16
18:17:13
18:18:00
18:22:38
18:22:58
18:23:04
18:23:57
RC35 Comment:Subject James Boyd listed in CIT (no
case):James has an extensive criminal history of
aggravated battery on peace officers in various
n., .......... -._._.
Police Event #P140750695
Page 5 of16
14-23683
jurisdictions, including Albuquerque. It has been
reported that he is a paranoid schizophrenic. He is a
transient that is known to frequent pUblic libraries.
Use extreme caution when contacting .James.
P3873/PCAD34 F532 Comment:STAG/NG AREA WILL BE
COPPERITURNER.
840A
729
729
RC35
18:26:11
MISC
18:29:12
CONTCT
18:29:15
CONTCT
18:29:16
ONSCN
18:29:18
ONSCN
18:30:04
M/SC
18:31:24
18:33:30
18:35:46
18:38:33
18:38:33
18:43:18
18:45:49
18:55:01
18:59:16
18:59:41
19:01:31
P5471/RTC07 RC35 Comment:/n webquery I've located numerous.
16s for criminal damage, agg battery against MDC .34
(case #110616084) and APD 34s (case #100122501),_
40 TOT for attempting to unlawfully enter a military
base (case #100100097).
P3873/PCAD34 F532 729 Location:SE OF SUB.J HALF UP HILLSIDE
756 Comment:25'D A PRIMARY UNIT. OFFICERS 25'D
SUB.J, SUB.J WAS NON COMPLIANT REFUSING TO
SHOW HIS HANDS. WHEN OFFICERS ATTEMPTED TO
25 AND PAT SUB.J DOWN PULLED ONE A KNIFE AND
THREATENED THEM IN A THREATENING MANNOR
ALSO MADE THREATS TO 271 THEM. SUB.J IS ARMED
WITH 2 KNIFES WHICH ARE OPEN IN HIS FRONT
POCKETS AND DID SHOW THEM MORE THAN ONCE.
ONSCN P2624/2624 719
CONTCT P3873/PCAD34 1520A 842 840A 719 710 BK58 F524
F531 F532 RC35
CONTCT 855 729 754 756 1522
CLOS
MISC
CLEAR P5471/RTC07 RC35 Dispo:8
M/SC P3873/PCAD34 855 Comment:HAVE AFD GO FURTHER EAST TOP
OPEN SPACE VEH'S AND HAVE THEM STAGE THERE.
BACKUP P2361/2361 722 Unit/D:719 Operator:P2361
OperNames:PERDUE,.JAMES
BACKUP P3092/3092 714 Unit1D:729 Locatlon:SE OF SUB.J HALF UP
HILLSIDE Operator:P3092
OperNames:ORNELAS,RAMON
M/SC P3873/PCAD34 754 Comment:SUB.J STILL HIGHLY IRATE. TALKS
ABOUT 271'/NG 34S AND MAKING OTHER 10-40
COMMENTS
BACKUP P5036/5036
716 Unit1D:710 Operator:P5036
Police Event #P140750695
Page 6 of 16
19:03:05
19:03,23
OperNames:PEREZ,DOMINIQUE
*ENRTE P3092/3092 714
14-23683
MISC
19:05,28 MISC
19:06:59
MISC
19:07:05 CONTCT
19:07:05
CONTCT
19:11'02 *ONSCN
19:11:06 MISC
19:13'34 MISC
19:13:38 *ONSCN
19:15:58 CLOS
19:17:33 ONSCN
19,18:32
MISC
19:19,07
MISC
19:20:20 MISC
19:20:43
19:21:04
19:22:33
CLOS
CLOS
CLOS
19:24:06 MISC
19,25:00 MISC
19:26:37 MISC
19:26:53 MISC
P3873/PCAD34 555 Comment:CP IS IN FRONT OF 812 PIEDRA VISTA
EAST OF BACK YARD OF 20. KILL ZONE IN OPEN
SPACE. CAN GO DIRECTLY TO TARGET 20.
555 Comment:812 PIEDRA VISTA RD NE IS NOT
INVOLVED.
754 Comment:NEGOTIATIONS ARE. NOT
PRODUCTIVE.
1520A 842 840A 719 710 BK58 F524
F531 F532 555
7147167227297547561522
P3092/3092 714
P3873/PCAD34 754 Comment:SUBJ CONTINUES TO BE AGGITATED
PICKED UP A ROCK AND THREW IT AT 34S.
840A Comment,SUBJ IS HIGHLY AGGITATED KEEPS
PULLING KNIFE OUT OF RIGHT FRONT POCKET.
P3092/3092 714
P3873/PCAD34 729 Location:75 YARDS SE OF SUBJ HIGHER UP
MOUNTAIN
722
555 Comment:REQ'ING ON CALL IMPACT DET
P3243/PCAD20 555 Comment:10-4 ON ON CALL FH IMPACT DET 21
VIA 21
P3873/PCAD34 710 Comment:SUBJ WEARING GRY SHIRT DRK
PANTS WITH A BEARD. GLASSES, HAT AGGITATED
STANDING ON THE ROCK.
754 Location,FACE TO FACE
842 840A Location:FACE TO FACE WITH SUBJ
F532 729 Location:UP MOUNTAIN AND NORTH
EAST OF SUBJ
756 Comment:SUBJ WANTS TO GET HIS BAGS AND
WALK DOWN THE HALL IS NOT GOING TO BE
COMPLIANT WITH COMMANDS.
Comment,SUS.J CHANGED CLOTHING NOW WEARING
A GRY SWEAT SHIRT.
Comment:SUS.J IS WALKING SS TOWARDS FACE TO
FACE 34S.
Comment:SUS.J IS THREATNING TO HARM K9'S
."::1_.11/,.....1'T':'. __ hr1 ................. ro-.
Police Event #P140750695
19:27:44
19:28:49
MISC
MISC
19:30:30
MISC
19:32:40
ONSCN
19:33:04
MISC
19:37:39
BACKER
19:38:19
CONTCT
19:38:19
CONTCT
19:39:06
XREF
19:40:19
MISC
19:44:21
MISC
19:44:47
MISC
19:48:23
MISC
19:49:52
CLOS
19:50:05
CLOS
19:51:31
DISP
19:51:44 *ENRTE
19:52:26 CLOS
19:52:43
CLOS
19:56:03
'ONSCN
19:57:55
ONSCN
19:58:40
MISC
20:00:01 DISP
20:00:08
BACKUP
20:00:33 CONTCT
Page 7 of 16
14-23683
Comment:SUBJ WALKING BACK NORTH.
754 Comment:SUBJ NOT COMPLIANT WITH 34S
COMMANDS WANTS TO WALK DOWN HILL WITH HIS .
BAGS.
754 Comment:BANG HAS BEEN DEPLOYED LESS
LETHAL.
710
710 Comment:SHOTS FIRED ALL 34S ARE 10-4.
P4526/PCAD33 C432 Unit1D:S55 Operator:P2762
OperNames:DROBIK,SIMON
P3873/PCAD34 1520A 842 840A 719 710 BK58 C432
F524 F531 F532
5557147167227297547561522
---- -----------
Service:P Event:#P140750955 Type:64
Agency:APD
555 Comment:HAVE MEDIA STAGE TURNER/COPPER
710 Comment:PREMIETER AROUND SCENE.
555 Comment:UNIT TO TURNER/COPPER TAPE AREA
OFF. 25 WITH MEDIA TILL C432 GOES 56
P3243/PCAD20 Comment:DUTY CHIEF 10-4
P3873/PCAD34 BK58 F532 Location:MAIN SCENE
1522 Location:JUST WEST OF SCENE MONITORING
TRAFFIC
P1377/PCAD35 E534 Location:TURNER DR NE I COPPER AV NE,ALB
Operator:P4771 OperNames:HILL,JOHN
Comment:ROPE OFF EB
P4771/4771
E534
P3873/PCAD34 1520A Location:IN VEH BLOCKING 24 ON WALKING
PATH UP TO LOCATION
F531 Locatlon:RIDING WITH 55 TO UNMH
P4771/4771 E534
P3873/PCAD34 716
P3243/PCAD20 Comment:500 AND 503 ARE 10-4 ON CALL
P1377/PCAD35 1110 Operator:P3082 OperNames:DEYAPP,LENA
P3243/PCAD20 701 UnitlD:710 Operator:P2229
OperNames:GONZALES,NICHOLAS
P3873/PCAD34 C432
MISC 710 Comment:APPROACHROUTECOPPERITURNER
EBLA CUEVATOPIEDRALARGAEBTOPIEDRAVISTA.
BACKUP P3243/PCAD20970 Unit1D:710Operator:P2626OperNames:ST
ONGE,GLENN
"ENRTE P2229/2229 701
BACKUP P3243/PCAD20947 Unit1D:970Operator:P5199
OperNames:STONE,GEOFFERY
"BACKUPP5367/5367 753 UnitlD:756 Operator:P5367
OperNames:MARQUEZ,NAVA
753
P3873/PCAD341520A 842 840A 719 710 970 947 BK58
C432E534
F524 F531 F532 855 701 714 716 722
729753
75475611101522
1110 Comment:501 1Q-4ONCALL.
P3243/PCAD20Comment:BCSO10-4 REFSHOOTTEAM
P4526/PCAD33846 Operator:P2257 OperNames:STEPHENSON,ZACK
P3243/PCAD20979 Unit1D:970Operator:P3159
OperNames:ROMERO, THERESA(CARYN)
996 Unit1D:970Operator:P467
OperNames:BABCOCK, TOD
800 Unlt1D:970
1210 Unit1D:710Operator:P2504
OperNames:MOCK,BELINDA
P3873/PCAD34111 0
947
F531 Comment:SUB.JIN SURGERYCRITICAL.
P3243/PCAD20Comment:STATEPD104 REFSHOOTTEAM
P3873/PCAD341520A 842 840A 719 710 970947979
996800
CONTCT 1210 BK58 C432 E534 F524 F531 F532
855701714
CONTCT 71672272975375475684611101522
--------------
CLOS C432 Location:TURNERICOPPER
ONSCN 947
Police Event #P140750695
20:04:10
20:05:04
20:05:43
20:05:56
20:07:23
20:07:42
"ENRTE
20:08:47
CONTCT
20:08:47
CONTCT
20:08:47
CONTCT
20:13:28
MISC
20:13:37
MISC
20:13:57
DISPER
20:13:58
BACKUP
20:13:58
BACKUP
20:15:14
BACKUP
20:16:04
BACKUP
20:16:51
ENRTE
20:16:58
ENRTE
20:18:14
MISC
20:19:03
MISC
20:23:39
CONTCT
20:23:39
20:23:39
20:25:12
20:26:19
:.1 _ . I""" /P'T".~
Page 8 of 16
14-23683
Police Event #P140750695
Page 9 of 16
20:26:55 'ONSCN P5367/5367 753
14-23683
20:29:28
20:29:49
20:31:03
20:32:11
20:33:23
20:33:48
20:33:48
20:33:48
20:33:48
20:34:04
20:36:07
20:37:03
20:37:44
20:42:29
20:42:44
20:46:08
20:47:06
20:48:22
20:49:42
20:49:57
20:52:42
20:53:03
20:53:29
20:53:29
20:53:29
840A Comment:ALL UNITS VEHS BETWEEN 806 AND
816 PIEDRA VISTA NEED TO BE MOVED.
P4142/PCAD30 1500 Operator:P2091
OperNames:CHRISTMAN,.JOSEPH
BACKUP P3243/PCAD20 833 Operator:P5202 OperNames:TRU.JILLO,GREG
CASE Case#:AP140023683
MISC Comment:IRO 10-4
MISC P3873/PCAD34 Comment:BK32 ENRT WITH MOBILE COMMAND TO 812
PIEDRA VISTA.
P3243/PCAD20 Comment:PAGED PSYCOLOGIST
Comment:VIDEO UNIT 10-4
MISC
BACKUP
MISC
MISC
BACKER
CONTCT
CONTCT
CONTCT
CONTCT
ONSCN
ONSCN
MISC
DISP
MISC
MISC
'ONSCN
P3243/PCAD20 Comment:KATHY LEVY 10-4
942 UnitlD:710 Operator:P3039
OperNames:ORTlZ,ANDREA
P4826/PCAD43 Comment:BCSO ADVG THEY ARE SENDING 2
DETECTIVES FOR THE SHOOT TEAM, UNK ETA.
P3243/PCAD20 Comment:SHOOTING TEAM DA 10-4
P3873/PCAD34 900 UnitlD:F524 Location:NORTH OF HILL
Operator:P814 OperNames:MONTANO,ANTHONY
1520A 842 840A 719 710 970 947 979
996800
----
1210 942 BK58 C432 E534 F524 F531
F532S55701
714716722729753754756846900
1110
1522
996
970
P2257/2257
846
833
'CLEAR
'ONSCN P5202l5202
833 Dlspo:8
P3873/PCAD34 1520A 842 840A 719 710 970 947 979
996800
1210942 BK58 C432 E534 F524 F531
F532S55701
~~=----
CONTCT
CONTCT
CONTCT
Police Event #P140750695
20:53:29
20:53:44
20:55:50
20:59:37
21:00:38
21:00:55
21:02:58
Page 10 of 16
14-23683
1110
CONTCT 1500 1522
MISC P3243/PCAD20 Comment:PSYCOLOGIST 10-4
MISC P3873/PCAD34 855 Comment:MEDIA MOVING TO PIEDRA
LARAGAILA CUEVA
DISPER P4526/PCAD33 820 Operator:P5160 OperNames:WALLACE,SEAN
ONSCN 979
MISC P3873/PCAD34 855 Comment:FT39 ADVIN SUS.J CRITICLE
CHGLOC P1377/PCAD35 E534 Location:LA CUEVA AV NE / PIEDRA LARGA PL
NE,ALB Comment:BLKING SB PIEDRA LARGA
21:03:05
21:03:05 'ONSCN P4771/4771
E534
21:09:45 'BACKUP P3278/3278 BK32 Unit1D:S55 Operator:P3278
OperNames:MCBRAYER,MORGEN
21:11:53 CONTCT P3873/PCAD34 1520A 842 840A 719 710 970 947 979
996800
21:11:53 CONTCT 1210942 BK32 BK58 C432 E534 F524
F531 F532855
21:11:53 CONTCT 701 714716722729753754756820
------------------
846
21:11:53 CONTCT 900 1110 1500 1522
21:12:56 'ENRTE P3278/3278 BK32
21:15:15
21:32:38
ONSCN P1377/PCAD35 E534
INV P3873/PCAD34 InvType:INVP Priority:1 Name:BOYD, .JAMES M
DOB~1975 Age:38
CONTCT 1520A 842 840A 719 710 970 947 979
996800
1210942 BK32 BK58 C432 E534 F524
F531 F532855
701 714716722729753754756820
-- ---- ------------
846
900 1110 1500 1522
849 Unit1D:719 Operator:P4002
OperNames:WRIGHT,DEREK
849
21:32:38
CONTCT
21:32:38
CONTCT
21:32:38
CONTCT
21:37:38
BACKER
21:37:40 ONSCN
21:45:46 MISC
710 Comment:AIR 10-8 2145
Police Event #P140750695
Page 11 of 16
14-23683
21:48:32 BACKUP P5471/RTC07 RC35 Unit1D:F524 Locatlon:NORTH OF HILL
Operator:P5471 OperNames:LUTHI,CHRISTOPHER
21:58:34 CONTCT P3873/PCAD34 1520A 842 840A 719 710970 947 979
996800
----
21:58:34 CONTCT 1210942849 BK32 BK58 C432 E534
F524 F531 F532
21:58:34 CONTCT RC35 855 701714716722729753754
756
21:58:34 CONTCT 820846900111015001522
21:58:59 CHANGE AreaC/Dlst:EVTS-.>FH
22:07:47 INV InvType:INVP Priority:1 Name:MONTOYA, GABRIEL
DOB_/1991 Age:22
22:08:56 CONTCT 1520A 842 840A 719 710 970 947 979
996800
22:08:56 CONTCT 1210 942 849 BK32 BK58 C432 E534
F524 F531 F532
22:08:56 CONTCT RC35 855 701714716722729753754
756
820846900111015001522
900
942
701
855
BK32
P5471/RTC07 RC35 Dispo:8
P3873/PCAD34 F531 Location:TRAUMA WARDD
InvType:INVP Priority:1 Name:BOYD, JAMES Race:W
Sex:M DO~1975 Age:38
1520A 842 840A 719 710970947979
996800
----
22:29:46 CONTCT 1210 942 849 BK32 BK58 C432 E534
F524 F531 F532
22:29:46 CONTCT 855701714716722729753754756
820
22:29:46 CONTCT 846 900 1110 1500 1522
22:08:56
CONTCT
22:09:00
ONSCN
22:09:04
ONSCN
22:09:17
ONSCN
22:11:24
ONSCN
22:13:52
ONSCN
22:14:28
CLEAR
22:22:55
CLOS
22:25:18
INV
22:29:46
CONTCT
.:1_.111"" ,.....,.~
Police Event #P140750695
1110
P5036/5036 716 Dispo:8
P3873/PCAD34 842 840A 846 Dispo:8
P5085/PCAD34 BK57 Unit1D:F531 Location:TRAUMA WARD D
Operator:P5376 OperNames:WHITE,RANDALL
1520A 719 710 970 947 979 996 800
----------- ------
1210 942 Contact:60
849 BK32 BK57 BK58 C432 E534 F524
F531 F532 855 Contact:60
701714722729753754756820900
-- ---------- ------
1110 Contact:60
CONTCT 1500 1522 Contact:60
DISP 835 Operator:P2746 OperNames:KENNY,SEAN
22:30:50
ONSCN
22:31:53
'CLEAR
22:37:10
CLEAR
22:51:30
BACKOS
23:00:56
CONTCT
23:00:56
CONTCT
23:00:56
CONTCT
23:00:56
23:15:12
Page 12 of 16
14-23683
23:16:00 'ENRTE P2746/2746 835
23:21:57 'CHGLOC P5376/5376 BK57 Location:FHAC
23:22:38 'CLEAR P2229/2229 701 Dispo:8
23:24:01 'ONSCN P2746/2746 835
23:30:42 'CLEAR P5376/5376 BK57 Dispo:8
23:31:15 'BACKUP P5395/5395
23:31:16
'ENRTE
23:32:19
DISP
23:32:28
DISP
23:32:37 DISP
23:32:44
'ENRTE
23:33:16
'ENRTE
23:33:31 'CLEAR
23:35:30 DISP
23:44:56
'CLEAR
23:46:34
'CLEAR
23:47:59
'ONSCN
23:49:51
'ONSCN
23:51:06 MISC
1325UnitlD:S35 Operator:P5395
OperNames:ALSTAD,MICHAEL
1325
P5085/PCAD34 BK51 Operator:P34780perNames:VERBECK,MARIO
0133 Operator:P3929 OperNames:SOLlS,BRENDA
C634 Operator:P3086
OperNames:HOISINGTON,AARON
P3086/3086
P3929/3929
C634
0133
P2091/2091 1500 Dispo:8
P5085/PCAD34 BK12 Operator:P3201 OperNames:NAGY,EARL.JR
P3278/3278
P2624/2624
P5395/5395
P3929/3929
BK32 Dispo:8
719 Dispo:8
1325
0133
P5085/PCAD34 835 Comment:CP SOUTH ON PEIDRA LARGA FROM
Police Event #P140750695
00:02:00
00:02:00
00:02:00
CONTCT
CONTCT
CONTCT
00:12:33 'MISC
'CLEAR 00:12:39
00:16:55
00:20:51
00:21:00
00:25:10
00:55:17
01:03:33
01:13:17
01:15:01
01:15:09
01:15:47
HOLD
'CLEAR
'CLEAR
CLEAR
'CLEAR
CLEAR
'CLEAR
'MISC
'CLEAR
'CLEAR
01:16:32 HOLD
01:17:41 'CLEAR
01:18:12 CLEAR
01:24:23 'CLEAR
01:29:39 BACKER
01:29:51
01:30:23
01:33:03
MISC
HOLD
CONTCT
Page 13 of 16
14- 2 3683
P5085/PCAD34 1520A 710 970 947 979 996 8001210
942 849 Contact:90
----
BK12 BK51 BK58 C432 C634 D133
E534 F524 F531 F532 Contact:90
1325535555714722729753754756
P2400/2400
820 Contact:90
900 1110 1522 Contact:90
756 Comment:taped interview conducted on scene
756 Dispo:8
P5085/PCAD34
P2774/2774 754 Dispo:8
P5367/5367 753 Dispo:8
P3243/PCAD20 820
P2361/2361 722 Dispo:8
P4473/PCAD35 900
P3826/3826
P3092/3092
729 Dispo:8 Comment:INTERVIEW GIVEN TO DET'S
714 Comment:did a taped interview with detectives.
714 Dispo:8
P5404/5404 BK58 Dispo:8 Comment:INTERVIEW CONDUCTED
WITH DETECTIVES
P5085/PCAD34
P5451 15451 F532 Dispo:8
P4473/PCAD35 710
P5294/5294 F524 Dispo:8
P5085/PCAD34 H524 Unit1D:E534 Location:LA CUEVA AV NE I
PIEDRA LARGA PL NE,ALB Operator:P5409
OperNames:MARES,.I0NATHAN
P4473/PCAD35 Comment:RC35 ADVING NAME MONTOYA, GABRIEL
_91) SHOULD NOT HAVE BEEN INVOLVED WITH
'l'm'SiNCIDENT ADDITION WAS MADE AT 2207
HOURS DISREGARD INVOLVEMENT, NOT RELATED
P5085/PCAD34
1520A 970947979996800 1210942
Police Event #P140750695
849 BK12 Contact:90
01:33:03 CONTCT BK51 C432 C634 D133 E534 F531 H524
1325835 855 Contact:90
01:33:03 CONTCT 1110 1522 Contact:90
01:38:55 ONSCN P5409/5409 H524
01:39:57 MISC
01:54:23 MISC
01:54:29 CLEAR
01:55:29 HOLD
02:05:21 CLEAR
02:11:07 CLEAR
02:21:57 CLEAR
02:51:24 CLEAR
02:51:51 ONSCN
03:07:47 CONTCT
03:07:47 CONTCT
03:16:55 CLEAR
03:18:51 CLEAR
03:46:31 CLEAR
03:48:05 CLEAR
03:58:31 CLEAR
04:01:37 SCDOFF
04:01:37 5CDOFF
04:01:44 CLEAR
04:06:27 BACKOS
04:32:55 CLEAR
04:33:49 5CDOFF
04:33:51 CLEAR
04:37:16 CLEAR
04:39:40 CONTCT
Page 14 of 16
14-23683
P5085/PCAD34 Comment:PER H238 ON GUARD DUTY, SUB.J POSS
GOING -7555 AND 501 10-4 H238 21 WAS GIVEN TO
S55
P4771 14771 E534 Comment:DELIVERED 5UPP TO 555
E534 Dispo:42
P5085/PCAD34
P3837/3837 855 Dispo:8
P3275/3275 1520A Dispo:42
P5380/5380 F531 Dispo:8
P5409/5409 H524 Dispo:8
P5085/PCAD34 BK12 BK51
9709479799968001210942 849
BK12 BK51 Contact:90
C432 C634 D133 1325835 1110 1522
Contact:90
996 Dispo:8
979 Dispo:8
P2746/2746 835 Dispo:8
P5085/PCAD34 947 Dispo:8
800 1210 Dispo:8
C432
1110
C432 1110 Dispo:8
1110 Unit1D:970 Operator:P3082
OperNames:DEYAPP,LENA
P3086/3086 C634 Dispo:8
P5085/PCAD34 1522
1522 Dispo:8
P4707/PCAD36 970
P5085/PCAD34
Police Event #P140750695
06:11:56 CONTCT
06:16:51 XREF
06:31:04 DISP
06:31:04 DISP
06:33:26 'ENRTE
06:40:30 CONTCT
06:41:39 'ENRTE
07:02:05 'ONSCN
07:10:01 'ONSCN
07:32:19 CONTCT
07:50:45 'CLEAR
08:05:22 'CLEAR
08:26:04 SCDOFF
08:26:08 CLEAR
08:28:19 DISP
08:29:06 'CLEAR
09:12:03 CONTCT
09:12:48 CLEAR
09:21:31 MISC
09:22:03 MISC
09:23:27 CLEAR
09:53:43 DISP
09:53:51 ONSCN
09:54:13 CLOS
09:59:24 CLEAR
10:00:30 CLEAR
....1. /11 ....... /.-r-0,
Page 15ofl6
14-23683
942 849 BK12 BK51 0133 1325 1110
----
Contact:90
942 849 BK12 BK51 0133 1325 1110
Contact:90
Service:P Event:#P140751156 Type:16
Agency:APD
BK54 Operator:P1798 OperNames:STOTT,.I0HN
PS51 Operator:P4691
OperNames:VUKOSOVICH,STEPHEN
P1798/1798 BK54
P2463/PCAD34 942849 BK12 BK51 BK54 0133 1325
PS51 1110 Contact:60
P4691/4691 PS51
PS51
P1798/1798 BK54
P2463/PCAD34 942849 BK12 BK51 BK54 01331325
PS51 1110 Contact:99
P3929/3929 0133 Dispo:8
P5395/5395 1325 Dispo:8
P4368/PCAD36 BK12
BK12 Dispo:8
P2463/PCAD34 K51 Operator:P52960perNames:BURTON,WHITNEY
P5296/FH05 K51 Dispo:8
P2463/PCAD34 942849 BK51 BK54 PS51 1110 Contact:99
BK51 Dispo:8
942 Comment:942 STILL56 CANVASSING
1110 Comment:1110 STILL56 & ADVWILLBEFOR
SEVERALHRS
P4368/PCAD36 849 Dispo:8
P2463/PCAD34 1111 Operator:P53330perNames:RENDER,NATHAN
1111 Comment:-TOP OF COPPER
1111 Location:TOP OFCOPPER
111 0 Dlspo:8
1111 Dispo:8
~ I' 1". ............., .....
Police Event #P140750695
Page 16 of 16
10:19:47
'CLEAR
P4691/4691
PS51 Dispo:&
10:52:26
CLEAR
P2463/PCAD34 BK54 Dispo:&
11:05:09
CONTCT
942
11:07:03
CLEAR
942 Dispo:&
14-23683
11:07:03 .CLEAR
11:07:03 CLOSE
[03/20/2014)
17:42:34 XREF
P4652/PCAD44 Service:P Event:#P140791 052 Type:25
Agency:APD
Comment:SEX, PPR
17:42,35 PREMIS
[04/0212014)
12:11:10 MISC
12,11:26
PREMIS
P2646/PCAD20 Comment,GAVE SGT THOMSON 21 FOR ANDREW
JONE~064, WAS 211NG RADIO ADVING HE
WAS SUB.lS BROTHER JAMES BOYD
Comment'SEX, PPR
CONTACT INFO:
IName
THIXTON, ALEXANDER
e==="==I/RPaddr
I
IIContact
II
IIWeapons
II
IIDrugs
II
I/JUCOhOI
II
Police Call #P140750955 Page 1of 2
14-23683
Detailed History for Police Call #P140750955 As of 3/19/2014 15:37:55
Priority:4 Type:64 - Field Investigat
Location:812 PIEDRA VISTA RD NE,ALB Route Map It
LocCrossbtwn PIEDRA lARGA PL NE and SOULA DR NE
ICreated: 1103/16/2014 19:39: 0211pCAD3411p38731
IEntered: 1103/16/2014 19:39: 02!lpcAD3411p38731
IDispatch: 1103/16/2014 19:39:4211pCAD3411p3873!
lEnroute: 1103/16/2014 19:39: 55115170
Ilp51701
IDnscene: 1103/16/2014 19:59:25113876
Ilp3876!
lClosed:
1103/17/2014 00: 26:31115170
Il
p5170
1
PrimeUnit:FI31 Dispo:42 Type:64 - Field Investigat
Agency:APD AreaC/Dist:FI(FH) Sector:524 Beat:524 r Detail
19:39:02
CREATE Location:812 PIEDRA VISTA RD NE,ALB Type:64 AreaC/Dist:FH BEAT/F.BQX:524
TypeDesc:Field Investigat LocCross:btwn PIEDRA lARGA PL NE and SOULA DR NE
Priority:4 Agency:APD SectorlSta:524 LocType:S
AreaC/Dist:FH-->FI Comment:REF EV .P695 710
Comment: SEX, PPR
Service:P Call:#p140750695 Type:31 Agency:APD
19:39:02 ENTRY
19:39:03 -PREMIS
19:39:06 XREF
19:39:38 SELECT
19:39:42 DISP FI31 Operator:P5170 OperNames:ZWICKY,AARDN
19:39:42 PRIU FI31
19:39:55 *ENRTE FI31
19:40:06 HOLD
19:50:01 *BACKUP FT39 UnitlD:FI31 Operator:P3876 OperNames:MILLER,JANIE
19:50:10 *ENRTE FT39
19:50:19 *CHGLOC FT39 Location:UNMH
19:51:46 CHGLOC FI31 Location:SCENE
19:56:39 BACKER FI30 UnitID:FI31 Location:SCENE Operator:P3267 OperNames:GARCIA,JENNIFER
19:59:25 *ONSCN FT39
20:23:50 *ONSCN FI31
20: 29:28 *ONSCN FI30
20:54:35 CONTCT FI31 F130 FT39 Contact:99
20:56:26 MISC FT39 Comment:FT39 ADVING SUBJ STILL CRITICLE.
21:04:07 HOLD
22:13:19 BACKER FI13 UnitlD:FT39 Location:UNMH Operator:P3101 OperNames:ARAGON,SHAWNA
22:41:27 CONTCT FI31 FIB FI30 FT39 Contact:99
22:52:39 *CLEAR FI13 Dispo:8 Comment:NOT STABLE -8 PER FI30
22:57:59 *CHGLOC FT39 Location:SCENE Comment:WI F531
22:59:50 *CLEAR FI30 Dispo:8
23:32:14 *ONSCN FT39
[03/17/2014]
00:05:24 *CHGLOC FT39 Location:19N
00:18:24 *MISC FT39 Comment:clothing totd from unmh to van. no pix
Police Call #P140750955
Page2of2
00:18:29 *CLEAR FT39 Dispo:42
00:19:04 HOLD
00:23:43 CONTer FI31 Contact:99 Comment:ALL SAFE VIA 51
00:26:31 *CLEAR FI31 Dispo:42
00:26:31 -CLEAR
00:26:31 *CLOSE
.c;1 _. ",...,.' ....... ~
14-23683
HOMICIDE CANVASS QUESTIONAIRE
14-23683
HOMICIDE CANVASS QUESTIO!' AIRE
CASE#:
t>A~OD!:!JRE~S~S:-1.]s'.uO~'D V~A~C~AN~T~: [J NO ONE HOME: 0
.!,;NAME~",-=: .........,r1-"a~t..Lt..L:h""C\.,~l<'7-~.-\\f...s;;ep=/..."-,e~-t"':I./r-- __ --"-,"""",,DO~ PHONE: __ - 0.5 ~.2
(Type of work - Company Name) :;
It/j;. .
=EM~PL~O"-'Y2!MENT~J..,:~.J..&-",",<:.Lb .... r.... 'f'~"-,-- ----,A-"D<.oD",,RES=S:_-i'j2""~_"-,PH,-"O,,,N,,,.E,,-; _
OTHER RESIDENTS OF THIS ADDRESS: .
<Names and ages) /Y7tU1(J e-I' urdoVa...- 75
C-harle-;z E. ve.... "jy 51
DID YOU KNOW OF THE OFFENSE? Q YES
fl NO
HOW DID YOU FIRST LEARN OF IT'? (WHEN?)
S2?<I +he portee c..a.;-, tyrl ftedr"-.. 051-,,-, /2."11/. aJ- ?<..6.zt.<...f
5'; -w f t}1. 60- .5(.l..~j f'11.rye-h- {k, i;;!' 20 l'i., --'_
WERE YOUATrnE CRIME SCENE AT ANY TIME7 0 YES ~.....""NO,,- _
(lfm-When, What Part, Anyliling Touched?)
WHAT KNOWLEDGE DO YOU HAVE OF THE CRIME? (List suspects, potential wJtnes'es. etc.)
V),ot1e""
DID YOU KNOW THE VICTIM? 0 YES
aNO
WHAT WAS YOUR RELA TIONSlllP WITH THE VICTIM? (Date, Time, Location La$! : .een or Talked to)
STATEMENT TAKEN FROM THIS WITNESS? 0 YES
COMMENTS:
D NO
.l>BE:;"P;-;O~R"-,TJN-"""G,-,Oo<.!F",-F.L>IC",E,,,R~: --- --"-D \tt:
PD IJ84
TIME:
14-23683
HOMICIDE CANVASS QUESTIOr- AIRE
CASE#:
AnDRESS:
))f: VACANT: ['--- J-,-_--'N"'O"-O"'NE:.=.H"'O""ME=:'-'O=-_~_
DOB:pilp ---'-==-
EMPLOYMENT:
ADDRESS
OTHER RESIDENTS OF THIS ADDRESS:
{Names and age~:)L _
OlD YOU KNOW OF THE OFFENSE? 0 YES
~ NO
fIOW DID YOU FIRST LEARN OF IT? (WHEN?)
/b!L c.. e. q,1l S'&-"'-'-
~--
WERE YOU ATnffi CRIME SCENE AT ANY TIME? 0 YES . ~O
,
(Ifm.- When, 'What Part, Anything Touohed?)
WHAT KNOWI ..E))GE DO YOU HAVE OF 11iE CRIME? (List suspects, potential wltnes es, OIC.)
'0 . .
DID YOU KNOW nIE VICTIM? 0 YES ~
(
WHAT WAS YOURRELATIONSHlP Willi THE VICTlM.? (Date, Time, Location Last ::een or Talked to)
-~----",4--:'--I--- _
,
"S... TA'-' ... TE"'MEf=""IT.... T,A~K""EN=-' '-'FR",9"'M"'-'-"THI ....... S'--W=.<ITN~E"'S""S?'----'D='-YE.....,s'--_=D'-'N"'O'-- __ --'~L...<: b
COMMENTS:
"P.Ei'i'hP0i;R["T,-,lN,=G-,O,-,-F",-F",JC",E""R~: ------ --"'0 I'm:
PD 1384 TIME:
HOMICIDE CANVASS QlJESTIOl' AIRE
14-23683
CASE#:
ADDRESS:
'-'-'l-,--_........::.V",A""C",ANc:.T",-,'...=[ <-.J _~_N~O..:=O"'NE"'-'-'H""O""ME""-' 0==- _
NAME: DOB: PHONE:
} /
OTHER RESIDENTS OF THIS ADDRESS:
(Names and age.)
ADDRESS:
PHONE:
/&/EZ
DID YOU !<NOW OF THE OFFENSE? dYES o NO
HOW DID YOU FIRST LEARN OF IT'? (WHEN?)
U,&:,zt.l AI or~Ie1f/2-f /Dft /j,-;t.::....JD"=- _
WERE YOU AT TIlE CRIME SCENE AT ANY 'l'IMJr1 0 YES
Ofm- When, What Part, AnythIng Touehedf)
B-No
'NEAT KNO'YLEDGE DO YOU HAVE OF THE CRIME? (List suspects, potential whnes res, OI.c.)
DID YOU KNOW THE VICTIM? 0 YES
WHAT WAS YOUR RELA nONSHJP WITH THE VICTIM? (Date, Time, Location La$t ::eon or Talked to)
STATEMENT TAKEN FROM THIS WITNESS? 0 YES
o NO
COMW.tENTS:
~R:E~P!'<O~R:>.!Tc!!IN!:!:G~O"'FFEl. J""CcaEll.:!:>''-- J.!.D 'TI!.:
PD 1384
TIME:
aO:LY.UCIDE CANV ASS QUESTIO~ AlRE
14-23683
CASE#:
(Type of work - Company Name)
EMPLOYMENT: fcl Mel . ADDRESS: PHONE:
OWER RESIDENTS 0iWlS ADD. RESS: ~
(Names and ages) 1Q6d)", ref!f l?-R....
DID YOU KNOW OF THE OFFENSE? Q YES
o NO \y<-Q-MJ. SPe:..:::.1s=-'----- _
/-lOW DlD YOU FIRST LEARN OF IT'I (WHEN?)
_~~~e\~~loor 1-o.-tte N'611if? ide\. os los?8o.ur So--Yr'<L()f\Q..~ ptni-.
~ ';::q::Ui!e, \A)Q oaNl..'Yl<lt 8E?(' ~ S:!??cQ, ~ t:lJ.llfl\AAI .
.WERE YOU AT TaE CRIME SCENE AT ANY TIME? 0 YES 0 NO
(liYES - When, "''hat part, Anything Touched?)
WHAT KNOWLEDGE DO YOU iiI\. VE OF 1'HE CRIME? (List suspect<, potential wlmes es, etc.)
\k2t l>d sku-&. W<QI \e II~OklJ ( lQ % Tv
DID YOU KNOW THE VICTIM? 0 YES ~ NO
WHAT WAS YOUR RELA TlONSIDP WITH THE VICTIM? (Date, Tlme, Location Lut :.een or Talked [0)
STATEMENT TAKEN FROM THIS WIlNESS? 0 YES 0 NO
COMMENTS:
~RE~Pi:!;0!FRcLTIN!.!::!k!G-.!=O~FFt:.!.. JkCE'2R~: J2D \'IE:
PD 1384
TIM!!:
,
14-23683
ALEXANDER &KRISTINE
THICKSTUN'S EMAIL LETTER
,
16 Mar 14
Page 1 of2
Gi Reply ~ Reply to all ~ Forward I ~ iiiX I 4> ~ I Close I ~ Help
14-23683
From:
Kristine Thickstun [kristine.thickstun@me.comj
Sent: Sun 3/16/2014 II :26 PM
To: Stone, Geoffery T.
Cc:
Subject: 16 Mar 14
Attachments:
Since at least February 25th, this man (who I will call Bob) and another younger black male have been living at the
base ofU Mound about 100 yards east of our house. The flrst encounter was on February 25th at I I :30 PM, when I
heard an altercation outside behind my house. It was Bob yelling at the younger kid. Bob appeared to be distraught at
the younger kid and was yelling and threatening him. The younger kid was apologetic toward Bob. I called the police
and gave the phone operator directions to their location, but I did not elect to have the police contact me. I would learn
later a police cruiser drove by Piedra Vista NE (the street our house is on) 16 minutes after the phone call, but decided
not to look into the matter further.
View As Web Page
I watched the two men for about an hour and a half. The younger, black male left and Bob stayed behind. He had a
blanket and a flashlight with him, so I knew he was likely there to stay. He stayed behind some large boulders sticking
out of the ground, so it was hard to see him.
On March Ist at around 7arn, my wife noticed two men behind the very same boulders behind my house. It looked like
they were waking up, eating, and talking to each other. I took photos (which I can provide) of them in case anything
were to happen later. I did not call the police at this time.
On March 16th, I hiked U Mound, and noticed a tarp, bags, and trash near the bottom of the Mound. After I finished
hiking, I grabbed my two dogs and visited the area at 3PM. I noticed a clear plastic tarp, back packs filled with
clothing, food, books, and trash. A neighbor yelled from his house to grab my attention, so I visited him and we talked
about the homeless men living at this location. My neighbor's name was Vick (2 houses north of me) and said he had
been watching the two homeless men there for at least a month and a half. I told Vick I would report it to the Police. I
then went back to the site to continue looking at their belongings. I was looking for weapons, drugs, or stolen
equipment. I did not lift up the tarp to see what was under it, but I could see there were bags, book bags, and clothing
under it.
At 5: 15PM the same day, Vick came to my house to let me know that Bob had returned to the boulders. I looked to see
if Bob was there, but I could not see him because he was behind the rocks. I called the police and let them know what I
found, and this time I told the operator to have the police come to my door so I could show them to the location. The
operator asked if anyone was there, and I said I was unsure. After this phone call, I saw Bob sitting on top of one of the
rocks near his site. I called the police back to let them know that there was someone there.
Two police anived to our house at about 5:45pm, and I showed them through my backyard and pointed out where the
boulders were that Bob was staying. The police said they would drive down to Copper Avenue and hike from the trail
there to the location. I went upstairs and watched. I had a video camera with me so I could record the encounter. The
two police walked up to his location behind the boulders, and I heard yelling from the policemen as they drew their
guns. They said repeatedly to "drop the knife". Bob refused. From what I could see after Bob stood, he had his right
hand in his pocket and refused to take it out. Bob said that if they came up there he would kill them. He said he was
with the Department of Defense, the Special Force, and he listed off different organizations. He made indirect threats
toward the two officers like "I don't want to have to kill you", and accused them of assaulting him.
The argument ensued, and more police arrived within 5 minutes. My wife and I helped lead them through the backyard
so they could make their way directly to Bob's location. It was a standoff for a while with 6 officers and Bob with his
hand in his pocket. I could hear one of the officers telling him to put his knife somewhere he couldn't reach it, like to
clip it on his pants or something. Bob refused. I could not see the knife, but his body was often behind the boulders.
When I could see him, his right hand was in his pocket.
The standoff lasted for hours until about 8PM. By this time, there were multiple different police forces surrounding
http://143.l20.l07.122/exchangeIE24998IInbox/11i%?()l\A'o.O/..')fl,A m.<T n~.

16 Mar 14
Page 2 of2
14-23683
him. He still refused to cooperate, would sometimes threaten to kill them, and ranted about his involvement in the
Department of Defense, etc. He sometimes made outrageous claims like he could make $10 million a year ifhe
wanted, or a billion dollars if he wanted. He talked about how he could get the Albuquerque Police fired, and how they
had no authority.
Just before 8PM, I heard a loud flash. I started recording with my camera. The Police immediately demanded he get on
the ground. It did not appear that he did so, and then I heard multiple shots fired. It appeared that he still resisted, then
I heard another shot.
http://143.120.l 07. 122/exchanl!eIE2499Rffnhcw/l h%?()M~ro/.,){)14 1:)1\...,. '>r<_A _
..
14-23683
WITNESS PHOTOGRAPHS
...
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KORYNE HARE'S PHOTOGRAPH
909 PIEDRA VISTA NE
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MICHAEL ESPINOSA'S PHOTOGRAPHS
817 PIEDRA VISTA NE
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MARTHA VESELY'S PHOTOGRAPHS
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ROBERT HARRIS'S PHOTOGRAPH
824 PIEDRA VISTA NE
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JAMES WEBSTER'S PHOTOGRAPHS
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Officer and Civilian Sketches
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NEW MEXICO STATE POLICE
INVESTIGATIONS BUREAU
2501 CARLISLlSBOuLEVARD NE . .
ALBUQtrERQUE,.NEWMEXICO 87110
CASE # 14-23-3-0081
March 16, 2014
SUPPLEMENTAL REPORT #1
AGGRAVATED ASSAULT
AGAINST POLICE
OFFICERIDEADLY
WEAPO'N
ATTACHMENT #JV-Sl
-Copy of sketch by .Iames
Web.ster
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APD
REAL TIME CRIME CENTER (RTCC)
DRAFTED DOCUMENTS
14-23683
Mikal Monnette
AXONJlex_Video_2014-o3-16_1907.mp4
3:15 You going in?
5:15 you got video - video.
5:35 Probably knows he shouldn't have done that.
AXON_Flex_Video_2014-03-16_1914.mp4
5:46 I don't know how they are going to get this guy. Rest is unclear should be checked.
6:20 He's on the other side of the rocks right. The other keeps stopping. Okay. There's a - a - a okay.
6:48 Jeez. Put him out of the way so they don't use the bags. I think he has some kind of sweater on.
7:38 I hope I never go crazy. You know.
8:20 Does he have a rifle in it? Did he say that he has a rifle in it? other officer says fuck him something is
unclear and Monnette says okay.
9:141 heard the mic.
9:36 Hears that subject changed clothing and now has a thick sweater on and can't use tasing.
9:37 Yeah, /fyou wont -t don't mind.
AXON_Flex_Video_2014-03-16_1925.mp4
0:39 He's walking closer face to face. Subject threatening to harm the dogs is what the officer hears.
1:08 I bet we'll hit the rock says Monnette.
4:03 Asked by another officer if that's the closest you get? Monnette says he can come down a little bit
more. Right on the rock, closer to us, he has a few bags over there. Other officer says he has knives in his
pocket. Monette replies yeah he has 2 knives in his front pockets. I think he has had one in his hand for a
little while.
4:20 bang, shots fired(4:30).
4:36 I don't know. Do you want to switch up?
5:45 approaches subject. Officers saying where'd the first knife go. Going to roll him over.
6:59 says stuff down here. cargo pant.
7:07 what a nightmare.
7:29 Another one though. Going to hunt some more. Continues to check subjects pants. Is this your bag?
What a mess. Do you want to check the other side? I think it is good where ltis, Monette - Monette.
There's more up that way. That's about it.
9:54 Which one. Oh, it was like BA.
10:25 Do we cut his clothes off. Alright.
AFDarrive. Monette holds flashlight.
13:44 Yeah he's cuffed.
16:00 Hold on, Hold On, relax. Do you need me to move anywhere.
17:28 The radio is stuck up here.
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18:04 Monette says subject is 44 when asked how old subject is.
19:37 They are walking him down right now.
19:49 Asked if he would mind picking up their stuff. Monette replies - yeah we will help you out. At
some point we'll get it.
19:57 Got that one?
21:11 They are right behind ya.
21:36 Do you need anyone to ride with him to the hospital? Or, do we just follow behind.
22:45 He told me 44. When asked about his age. How many gunshots? 4 maybe. 3, 4 yeah.
23:18 UNM right? Yeah all upper body. Goes in ambulance.
24:11 One bean bag round .... 2 or 5/6 rounds ... You want shoes off? .. He got a bunch at camp. Assist in
helping ambulance.
25:54 Woooh, wooh.
26:54 We are in the ambulance going to UNMH.
AXONjlex_ Vid~o _2014-03-16_1955.mp4
1:00 You want BA - you like BA~Yeah' call him BA.
5:25 Ambulance driver says - Looks like the gunshot is more of an abrasion? The entrance went through
the arm. Monette says yeah, I wasn't right there. Yeah, he had time. They were starting to get the dog
out too. I was like 50 yards from him.
6:45 He was telling us BA.
10:35 That's what he told me. Yeah, BA.
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Justin Rogillio
AXONJlex_ Video _2014-03-16_1708.mp4 (Counter:O:O) officer driving
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:O:43) officer removes rifle from trunk of vehicle.
AXONJlex_ Video_2014-03-16_1708.mp4 {Counter:O:43} goes through home, receives card from a
woman and entersinto the Open Space.
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:2:SS) officer reaches officer locations.
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:3:28) officer raises rifle.
AXON_Flex_ Video_2014-03-16_1708:mp4 (Counter:3:47) officer lowers rifle.
AXONJlex_Video_2014-03-16_1708.mp4 {Counter:3:S6} officer raises rifle and yells to stop.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:4:47) officer lowers rifle and says 10-4, 10-4, 10-4.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:S:26) officer raises rifle.
AXONJlex_Video_2014-03-16_1708.mp4 {Counter:6:01} officer lowers rifle to chest.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:ll:07) officer raises rifle.
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:ll:40) officer lowers rifle.
AXON_Flex_Video_2014-03-16_1708.mp4 (Counter:13:SS) Roglllio says negotive on VA - next part
garbled}.
AXONJlex_ Video_2014-03-16_1708.mp4 {Counter:16:01} officer says "I'm Good" when citizen asked if
officers want water down there.
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:17:11) officer raises rifle and says "go".
AXONJlex_ Video_2014-03-16_1708.mp4 (Counter:17:SS) officer lowers rifle.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:21:29) officer raises rifle.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:21:S8) officer lowers rifle.
AXONJlex_Video_2014-03-16_1708.mp4 (Counter:23:56) Rogillio asks another officer "what was that"
in regard to dispatch. Another officer replies that people said he was camping out here and that sure
enough it is illegal to camp out here. Rogillio replies "right".
AXONJlex_ Video_2014-03-16_1738.mp4
AXONJlex_Video_2014-03-16_1738.mp4 {Counter:2:0S} officer says" we told him we can get it for
him".
AXON_Flex_Video_2014-03-16_1738.mp4 (Counter:S:4S) officer says "let's go, let's go".
AXONJlex_Video_2014-03-16_1738.mp4 (Counter:8:34) officer says "I'm good thanks" when citizen
asked does anyone need water?
AXON_Flex_ Video_2014-03-16_1738.mp4 (Counter:10:OS) officer says in my packet and then says Chris
back up for me.
AXONJlex_Video_2014-03-16_1738.mp4 (Counter:12:15) officer raises rifle.
AXON_Flex_Video_2014-03-16_1738.mp4 (Counter:12:49) officer lowers rifle.
AXONJlex_Video_2014-03-16_1738.mp4 {Counter:22:36} officer asked by another officer if they were
drawn out when they came out here. Rogillio says no that they couldn't see his hand. That he slid
something under the plastic tarp and one hand behind him. That they don't trust him.
AXON_Flex_ Video_2014-03-16_1809.mp4
AXONJlex_Video_2014-03-16_1809.mp4 (Counter:4:0S) officer says" we told him we can get tt for
14-23683
him".
AXON_Flex_Video_2014-03-16_1809.mp4 (Counter:10:35) officer moves to same level of the citizen at a
distance and then walks back towards the homes and joins 2 other officers. Mentions the name to be
James Boyd, and that he (Boyd) refers to himself as BAand that he is with the department of Defense
and can't provide his real name. Walks a trail and let's @ 2 couples of hikers to leave the area, please.
Advises people at top of East Peak. Tells people to get off. 5ays Hey to hikers.
19:19 informs officers that there are still people up top. Said didn't know ifthey knew.
20:18 says has no visual here. Continues to move.
21:00 points to rock where James Boyd is located.
21:47 Says to other officer that they have people walking up.
Says to Unit that there is a unit directly behind the rock. Says Brock to move East because in a cross-fire
situation. Leave one at trail.
28:22 Officer says we have one dog right now, waiting on another one?
AXON]lex_ Video_2014-03 16_1839.mp4
2:30 moves with officer to another location.
4:00 move to another location behind James Boyd in a distance.
11:24 Rogilliosays 5-31 CIT.
13:11 Rogillio says You said it to his glasses. I don't know if he understood what you were saying.
19:47 Rogil/iosays I wasn't getting it off. Was not sure if it al/ came through.
Were you asking for a spotlight earlier?
22:56 got a guy up here, is there any possible spot lights to get out here. to increase his focus. Some
kind of vehicle with spotlights so we have visual when the sun goes down.
AXON_Flex_Video_2014-03-16_1909.mp4
5:30 Rogillio says Losing daylight quick.
10:40 Back and around is what Rogillio says to the other officer.
12:40 says something that is unclear.
21:15 bang, smoke, shots is what is seen and heard from where Rogillio sits. No movement from
Rogillio.
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McDaniel, John
Axon_Flex_Video _2014-16_1707
00:33 Audio turned on
00:40 First contact "How's it going .. Go ahead and come out" - 34
18:53 "Fold em up" -34 in reference to knives
21:03 Discussion on bean bags "ETA" -34
23:5034 walks closer to Boyd
26:2434 steps back for distance
27:50 possibly a 34 laughing in the background
30:31 End
AxonJlex_ Video_2014-Q3-16_1738
1:03 34 discusses making a little bit more distance
01:53 informing other 34 the situation stating the reason for the call and discusses illegal camping
02:40 "nice there's no camping" sarcasm 34
14:50 video ends
AxonJlex_ Video _2014-03-16_1808
00:20 Discussing route on radio -34
00:53 Discussing position of Boyd's hands with other 34
01:50 K-9 in background
02:25 Discusses name and DOB with Boyd
17:5334 moves location and continues to walk to
20:05 "man this guys freakin" 34 says to other 34
20:2834 makes comment about "going home" and then 34 starts to laugh
21:15 informing other 34s of incident .. "Cant have these kinda people out here"
23:00 continues conversation with other 34s
25:40 makes conversation with other 34 but cannot make out what it is
26:3034 in background 34 says "go bite him" under his breath referring to K-9
26:55 34 starts moving forward and tells 34 of Boyd knife
27:36 "I went inside to pat him down and then saw he had a knife in his pocket and then I drew and we
pulled back and then he threatened to kill us"
29:05 Discusses with 34 about "patting him down" briefing on situation up to this point
30:01 video ends
AxonJlex_ Video_2014-03-16_1838
00:15 makes contact with civilians to take a different route
02:05 makes contact again with civilians "keep going"
02:3234 wanting vehicle and discusses CIT communication up until this point with Boyd
04:20 discussing with 34 who has K-9 and discusses Boyd becoming agitated
06:30 "he thinks he's department of defense and he's higher than us" laughing
07:30 hiker with a dog
08:50 makes comment and starts laughing- unable to clarify what comment is
09:10 continues to make comments-unable to clarify what comment is
09:16 video ends
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Axon_Flex_Video_2014-03-16_1937
00:30 audio turns on
00:50 34 with K-9"Stay Still"
01:lS "you know I have PTSDright?" and then start laughing
02:35 "they just started calling 43-55"
02:48 "shots fired"
03:12 "Dude this is going to-be the last problem solved, im going to tell my Sgt. today we cannot have
this happen"
03:3S "Do you have crime scene tape" "Keep night walkers out of here" "No you know what its above
our pay rate we will have them make that call".
04:01 video ends
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031614 Officer-Involved Shooting (Shots Fired Clips)
AXON_Flex_VI...16_1909.mp4(Counter: 0:21:11,14) Flash bang, shots fired.
AXON_Flex_ VI...16_1924.mp4 (Counter: 0:06:29,00) Flash bang, shots fired.
IMG_ll72.mov (Counter: 00:00) Flash bang, shots fired.
MV'-0295.mp4 (Counter: 0:00:00,00) Flash bang, shots fired.
AXON_Flex_VL,16_1915.mp4 (Counter: 0:16:41,27) Flash bang, shots fired.
0:00:00,00: Arrives with canine (Rico).
0:02:26,13: Briefed onsite by fellow officer.
0:04:00,00: Plans to start containment from north and south.
0:08:44,11: Phone call to someone named Fox. Says the subject is 10-40.
0:10:37,23: Greets State Police. Discusses suspect and possible weapons.
0:16:21,03: Changes positions to react to suspect move.
0:20:31,26: Radios update to responding units.
0:22:10,17: Asks about vehicle to use PAto communicate with subject.
0:22:53,11: Discusses the subject using foul language (Repeats language).
0:25:32,07: Takes phone call. Provides update.
0:28:38,11: End.
0:00:49,24: Following other officers closer to suspect.
0:01:21,12: Talks to Rico, the canine. (You're going to be full of so much
<expletive> cactus.
0:02:54,23: Expresses frustration with canine's noise.
0:12:36,24: Provides instructions to officers about deploying canine.
0:16:41,27: Sound of flash bang. Shots fired.
0:17:04,19: Rico becomes agitated after shots. Handler lifts him by leash and
says, "Youwill pass out before ...We will not have noise right now."
0:17:42,10: Canine gets offlead. Handler recalls him.
0:18:40,24: Lots of pulling on leash from handler.
0:19:26,04: Expletive directed at dog.
0:19:48,14: "Dude, this is going to be the last straw with this dog. I'm going to
tell my sergeant today. He's gotta go back. I cannot have this happen."
0:20:09,11: End.
0:00:00,00: Crime scene tape. Radio chatter.
0:01:50,11: End.
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Knipprath, Brock - AXON_Flex..Video_2014-0g-16_1733.mp4
0:00:00,00: Enters scene on foot
0:00:46,06: Positions himself behind rock
0:02:33,22: Officers nearby talk politely with suspect.
0:05:37,30: Officers offer to buy suspect fast food.
0:06:21,08: Negotiations continue in the background.
0:06:51,26: Answers radio, provides directions to scene.
0:11:10,07: Starts to move to higher ground.
0:15:23,24: Continues to listen to negotiations from higher vantage.
0:30:31,08: Background negotiations continue until end.

0:00:00,00: Footage continues. Officer still in same position.

0:01:42,16: Advises over radio that there is no KDTavailable.
0:02:19,17: Over radio, asks for CITassistance for hot buttons or any issues
that can be used to calm suspect.
0:13:57,11: Repositions.
0:14:40,21: Passes other officers, including State Police and canine.
0:16:33,29: Joins another officer. Says "Nowthat SWAT'shere, let's
everybody else go home."
0:17:18,11: Recaps initial encounter, asks about charges.
0:17:51,04: Other officer: "This is why we can't have anybody like this out
here."
0:18:01,06: Talks about the man coming down off the mountain. Uses
expletive. Suggests everybody back off so nobodydoes something stupid.
0:24:52,24: Repositions with another officer. Tells passerby to keep moving.
End.

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Jason Carpenter
2014-03-16_1710
00:33 - Advises has video running
01:43 - "is this open space"
02:05 - Hands bean bag shotgun to other officer. Advises he is the only supervisor on and does
not want to be tied up.
02:37 - advises "we have bean bag"
02:51 - asks officers on scene what laws he is breaking. Officer responds with "camping in open
space and pulled knives out them." And proceeds to explain his interaction with Boyd. (Dialogue
continues) .
03:18 - asks if they know ifhe is diagnosed with anything through RTC
03:22 - Asks DP ifRTCC is up. Provided a name of "inaudible" for RTCC to run.
04:00 - Can hear speaking in the background "inaudible"
04:38 - asks if any 34 there is CfT certified. One officer responds that he is.
04:46 - other officer begins dialog with subject
04:57 - officer advises subject that ifhe gets too close he will get bean bagged
05:07 - "one more step passed that rock we are bean bagging him
05:08 - dialog continues in background.
07:07 - advises DP of the situation
Dialog between officers and subject continues
10:11 - Sgt checks with DP for a 34 wi taser bean Bag. Citywide
Dialog with subject continues in background
13:48 - neg all airs for taser bean bag
Dialog with subject continues in background
14:48 - RTCC responds with negative on Da Boss
15:00 -request DP for gang unit
15:44 - Advises DP that subject is not reasonable to their directions
Dialog with subject continues in background
16:25 - Requested DP to check an ETA for response ifCNT called out to assist
17:00 - requesting state police to assist so they do not have to use force.
17:30 - Sgt addresses subject
18:45 - requested K9
18:50 - Sgt continues dialog with subject
26:08 - Asks subject ifhe's been hospitalized before or any diagnosis or medication
28:40 - Sgt asks officer to try and get his DOB or other information
Sgt continues dialog with subject
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Jason Carpenter
2014-03-16_1741
00:45 - Check on status ofK9
Dialog continues in background
01:55 - officers offer to buy subject dinner
06:00 - dialog continues with subject. Attempting to get him to walk down with them
10:29 - Sgt asks if there are any weapons in his property
Subj talking in background
12:30 - speaking with officer at low volume (inaudible)
12:41 - Sgt states he does not know how this is going to be resolved and ask subj ifhe had
suggestions
15:40 - Sgt makes his way to speak to state police that went 56
Jason Carpenter
2014-03-16_1758
00:40 - State police makes 25 with subject
04:20- Sgt advises DP that state PD is 56
04:31 - audio becomes distorted making it difficult to understand anything
06:35 - Audio returns to normal. State PD still making 25
07:00 - Sgt for state PD shows up and APD Sgt briefs him
08:43 - Officer provides Jason with subject info. APD Sgt asks DP for RTCC to run James M.
Boyd 4/8/75
Dialog continues between state police officer and subject in background
11:41 - State police Sgt makes 25 with subject. Advises subject he can camp in the forest.
12:40 - RTCC Provides 49 to Sgt. Carpenter ref James M. Boyd.
13:30 - Sgt asks to search 42s for any medication or other diagnosis
Dialog continues between state police and subject
17:22 - Sgt Carpenter adv DP that subject stated he is not putting his knives down. Etc
Dialog continues in background with Subj and state police.
22:55 - Sgt Carpenter advises State PD that K9 is 56 and going to setup a perimeter and make a
tactical retreat
24:27 - Sgt Carpenter sent APD officers to make 25 with k9 and get instructions
25:10 - Sgt Carpenter Takes Justin's bean bag and sends him to make 25 with k9 for further
instructions
Dialog continue sin background with state police and subject
27: II .; advises k9 there are 3 officers and k9 request a tactical withdrawal
28:38 - begin tactical withdrawal keeping eyes on subject
30: 31 - End of video
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Jason Carpenter
2014-03-16_1829
00:40 - K9 asks about charges. Poss Agg asslt wi deadly weapon on 34's. 2 knoves. One in each
pocket.
02:29 -looking for anyone on the air to advise eon charges
02:4.2 - advises at this point negative charges
Can hear inaudible dialog with subject in the distance
08: 14 - Can hear subj in the background yelling and cursing at officers
10:04 - Can hear subject yelling and cursing at officers. Makes threat to hunt down and kill the
state police officer.
10:25 - Sgt Carpenter makes 21 to Lt. and briefs him.
12:54 - Sgt carpenter "dude is not thinking rational at all" to state police officer, after subject
makes statement about having billions of dollars
Dialog in background between subject and k9 officer continues
18:45 - Confirmation between k9 and Sgt Carpenter that 43/55 is staged in the area
20:15 - greenie goes 56
21:07 - Sgt carpenter Gets officer "Mike" to move down with him
22:15 - States that it is going to be a long download of the video
23:16 - Sgt Carpenter checks on CNT. DP advises there's already a CIT officer 56
Dialog in the background between k9 and subject continues
Jason Carpenter
2014-03-16_1859
Inaudible dialog in background continues
02:15 - Sgt Carpenter makes 21 to a Lt and briefs him
Dialog continues in background
08:00 - Sgt carpenter makes arrangements for responding 34's
09:37 - Sgt Carpenter identifies the target 20 as 812 Piedra Vista Rd, and not involved
10:15 - Sgt Carpenter makes 25 with the caller to identify what he saw unable to
14-23683
031614 Officer-Involved Shooting (OFFICERNAME)
AXON_Flex_VI 16_1909.mp4 (Counter: 0:21:11,14) Flash bang, shots fired.
AXON]lex_ Vl 16_1924.mp4 (Counter: 0:06:29,00) Flash bang, shots fired.
IMG_l172.mov (Counter: 00:00) Flash bang, shots fired.
MVC029S.mp4 (Counter: 0:00:00,00) Flash bang, shots fired.
14-23683
031614 Officer-Involved Shooting (OFFICERNAME)
AXON_Flex_VI...16_1909.rnp4 (Counter: 0:21:11,14) Flash bang, shots fired.
AXON_FIex_VI...16_1924.rnp4 (Counter: 0:06:29,00) Flash bang, shots fired.
IMG_l172.rnov (Counter: 00:00) Flash bang, shots fired.
MVC0295.rnp4 (Counter: 0:00:00,00) Flash bang, shots fired.
14-23683
031614 Officer-Involved Shooting (OFFICERNAME)
AXON_Flex_VI. ..16_1909.mp4 (Counter: 0:21:11,14) Flash bang, shots fired.
AXON]lex_VI...16_1924.mp4 (Counter: 0:06:29,00) Flash bang, shots fired.
IMG_ll72.mov (Counter: 00:00) Flash bang, shots fired.
MVC029S.mp4 (Counter: 0:00:00,00) Flash bang, shots fired.
14-23683
031614 Officer-Involved Shooting (OFFICERNAME)
AXON_Flex_VI...16_1909.mp4(Counter: 0:21:11,14) Flash bang, shots fired.
AXON_Flex3I...16_1924.mp4 (Counter: 0:06:29,00) Flash bang, shots fired.
IMG_ll72.mov (Counter: 00:00) Flash bang, shots fired.
MVC029S.mp4 (Counter: 0:00:00,00) Flash bang, shots fired.
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OFFICE OF THE MEDICAL
INVESTIGATO R
DEATH INVESTIGATION REPORT
14-23683
~UNM
HEALTH SCIENCES
CENTER,
OFFICE ?Ithe MEDICAL INVESTIGATOR
DEATH INVESTIGATION SUMMARY
Case Number: 2014-01366
BOYD, JAMES M.
County Pronounced: Bernalillo
Law Enforcement: Albuquerque Police Department
Agent: CI, Delectlve Nathan Renden
Date of Blrth~75
Pronounced DatelTlme: 311712014 2:55:00 AM
Central Office Investigator: Elizabeth Gonzales
Deputy Field Investigator: Elizabeth Gonzales COl
CAUSE OF DEATH
Gunshot wounds
MANNEROf DEATH
Homicide
OdeyUkpo MD
Forensic Pathology Fellow
Sam Andrews MD fRCPC
Associate Medical Investigator
All signatures authenticated eiectronically
Date: 4/2312014 3:28:48 PM
Ponied: 5129/2014 2:15:57 PM
Report Name; Death Investigation Reporting Tool
Death Investigation Report page 1 of 30
14-23683
The Universityof New MexicoHealth SciencesCenter
OFFICE OF THE MEDICAL INVESTIGATOR
MSC074040
1 University of New Mexico
Albuquerque, NM 87131-0001
Telephone (505) 272-3053
FAX (505) 925-0546
Report of Findings
5/29/2014
Decedent
OMI#
Date Report Issued
Place Pronounced
County Pronounced
Cause of Death
Manner of Death
Date oflnjury
Place oflnjury
Location of Injury
How Injury Occurred
Autopsy performed by
Death Certificate Signed by
Deputy Medical Investigator
District Attorney
Law Enforcement
BOYD,JAMES M.
2014-01366 Date of Birth 4/8/1975
3/17/2014
2:55AM
Date Death Pronounced
University of New Mexico Hospital/Inp
Bernalillo
Time Death Pronounced
Gunshot wounds
Homicide
3/16/2014
819 Piedra Vista, NE
Albuquerque, Bernalillo NM 87123
Shot by on-duty law enforcement officer
Sam Andrews, MD
Sam Andrews, MD
Elizabeth M. Gonzales Elizabeth M. Gonzales
Odey Ukpo, MD
Bernalillo County DA
Albuquerque Police Department/CI, Detective Nathan
Renden
For details concerning this death, contact the law enforcement agency listed, records section.
For copies of the Death Certificate, contact the Bureau of Vital Statistics, 1190 St. Francis Dr., PO Box 26110, Santa
Fe, NM 87502.
Appropriate investigative reports are available from the Medical Investigator, as required by law. Fees are assessed
where required. A review of the reports in the Albuquerque office of the Office of the Medical Investigator is
available upon request.
All requests for reports are to be directed to:
Office of the Medical Investigator
MSC074040
1 University of New Mexico
Albuquerque, NM 87131-0001
14-23683
Sclentlflc Laboratory Dlvllion
1101 Camlnod.SaJud,H.E.
Albuqu.rqua, NM B7102
(B05) 36304000
NPI: 11141141111414
Accredlllld by Amertcan Bow of
ForaRllc Toxlcology
R.port of Drug Anlllylls
SLDC :
OMIC :
OMI-NONPENI)..1403-ll42
201~1366
Submll1er: Oftlca of MedlClllnv.atlgltor
1101 CImino De SaJud, HE
UNM School of M.dlclne
Albuqu.rquo, NM B7102
Dec.d.nt: Jimal Boyd
Sam AndrllWll
Dlte of Birth:
Dlte of DlltII:
SooIal8lourity II:
41611975
311712014
Speelmana R..... ved:
Ante Mortem Blood
G.nder: Male
..... J ~ ~ - - -.- - , _ _ _. _,. _ r _
:
j1
t
l
),1r . - /<C~'_r"~l",iI,: jl)\, JI>:J' -- <., _';"'>":'Jlr~"j,~" . "1
:-j'"IL"'J, -. ,'" --"' "l~,I.vl'J"".r"JI ~~" "~~ll' 1"1',ll" -':rJI}t~,_~, .,"'t} !f' : J
, ' , ~ ) ~.' ,
Ante Mortem Blood
Ant. Mortem Sarum
Ante Mortem Serum
The toxicologicil ""Ulta for tha above lampla a.. lilted below:
Ethanol
Mlthod
0.00 g/100 mL
GLC
Taltlng Note(a):
The aample was tested for the following drugs-<>f-abuee using bmunoessay: C8Ilnsblnolda, cocalne
metabolite, methamphetamine and opiates. No drugs were detected.
R.vlewer Signalun:
GeTaslmos Razatos
Print Nun.:
Confidentlll
~IMS Report #:254075
PaAe 1 of 1
14-23683
DECLARATION
The death of BOYD, JAMES M. was investigated by the Office of the Medical Investigator under the
statutory authority of the Office of the Medical Investigator.
I, Sam Andrews MD, FRCPC a board certified anatomic, and forensic pathologist licensed to practice
pathology in the State of New Mexico, do declare that I personally performed or supervised the tasks
described within this Death Investigation Summary document. It is only after careful consideration of
all data available to me at the time that this report was finalized that I attest to the diagnoses and
opinions stated herein.
Numerous photographs were obtained along the course of the examination. I have personally
reviewed those photographs and attest that they are representative of findings reported in this
document.
This document is divided into 9 sections with a final Procedural Notes section:
1. Summary and Opinion
2. External Examination
3. Medical Intervention
4. Postmortem Changes
5. Evidence of Injuries
6. Internal Examination
7. Microscopy
8. Radiography
9. Peer Review
Should you have questions after review of this material, please feel free to contact me at the Office of
the Medical Investigator (Albuquerque, New Mexico) - 505-272-3053.
Printe<l: 512912014 2:15:58 PM
Report Name: Death Investigation Summary
Death Investigation Report page 2 of 30
14-23683
Case Number:
2014-01366
Summary Opinion
BOYD,JAMES
Medical Investigator
SamAndrewsMD
Medicallnvesllgator Trainee
OdeyUkpoMD
SUMMARY AND OPINION
According to reports, Mr. Boyd was in a confrontation outdoors with police. He reportedly was carrying a knife and
antagonizing law enforcement. Law enforcement shot him and be was transferred to the University of New Mexico
Hospital via ambulance and arrived on March 16, 2014 at 20:1500. According to the medical records from the
University of New Mexico Hospital, a thoracotomy (opening the chest) was performed in the emergency room due to a
undetectable heart rate. He was taken to the operating room and underwent multiple surgical procedures to control
bleeding, including a right arm ampntation, transverse colon (intestine) resection (removal), splenectomy (removal of the
spleen), and left lower lung lobe resection. Postoperatively, his condition deteriorated and he was pronounced dead on
March 17, 2014 at 02:55 hrs.
At antopsy, there was an entrance gunshot wound of the lower left back that perforated (passed through) the left psoas
muscle (muscle in the lower abdomen), left adrenal gland, large intestine, spleen, diaphragm, left lung, and exited the left
axilla (armpit) before re-entering the upper left arm. A missile (bullet) was recovered from within the left deltoid muscle
(shoulder muscle). Associated with this gunshot wound was blood in the chest cavities (hemothoraces).
There was a perforating gunshot wound of the upper right arm necessitating surgical amputation of the arm. The
amputated right arm was received separately from the University of New Mexico Hospital department of surgical
pathology, and showed extensive fractures of the right humerus (bone of the upper arm). Adjacent to the exit defect on
the upper right ann and on the upper ann portion of the amputation were irregular lacerations possibly caused by
fragmented bone or missile exiting the arm.
There was a perforating gunshot wound of the upper left arm.
On the lower right leg were multiple abrasions (skin scrapes) and lacerations (skin tears) consistent with injuries
produced by a dog.
Postmortem toxicological analysis on the antemortem (before death) blood was negative for alcohol and drugs of abuse.
The absence of soot, unburned gunpowder particles and gunpowder stippling on the skin surrounding the entrance
defects, and the absence of soot or unburned gunpowder particles on the defects seen in the clothing associated with the
gunshot wounds was consistent with an indeterminate range of fire.
Cause Of Death:
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Case Number:
2014-01366
Medical Investigator Trainee
Medical Investigator
Sam Andrews MD
External exam date time:
Authority for examination:
10confinned at time of exam:
Means used to confinn Identity:
Other verification means:
Location of orange bracelet:
Name on orange bracelet:
other name on orange bracelet:
location of green bracelet:
Name on green bracelet:
Other name on green bracelet:
Hospital 10tags or bracelets?
W yes specify stated name and
location:
Body length (em):
Body weight (kgs):
BMI:
Development:
Development comments:
Slature:
Age:
Anasarca:
Edema localized:
Dehydration:
Scalp hair color:
Scalp hair length:
Eyes:
Irides:
Eyes corneae:
Eyes sclerae:
Eyes conJunctivae:
Eyes petechiae:
Palpebral petechiae:
Bulbar petechia.:
Facial petechiae:
Oral mucosal petechiae:
Nose:
Extemal Examination
14-23683
External Examination
BOYD,JAMES
OdeyUkpoMD
3/17/20149:35:00 AM
OMI
No
Fingerprints
Left wrist
Decedent name
Left wrist
Decedent name
Yes
Left ankle, Trauma Alert, Ward D
185.00
102.00
29.80
Well-developed
Well-nourished
Appears older than stated age
No
No
No
Black
Short
Both eyes present
Blue
Translucent
White
Translucent
No
No
No
No
No
Normally formed
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Case Number:
2014 01366
Ears:
Ups:
Facial hair:
Facial hair color:
Maxillary dentition:
Mandibular dentition:
Condition of dentition:
Neck:
Trachea midline:
Chest development:
Chest symmetrical:
Chest diameter.
Abdomen:
14-23683
External Examination
BOYD, JAMES
Normally formed
Normally formed
Beard and moustache
Black
Natural
Natural
Adequate
Unremarkable
Yes
Normal
Yes
Appropriate
Flat
Anus:
Back:
Spine:
External genitalia:
Breast development:
Breast masses:
Right hand digits complete:
Left hand digits complete:
Right foot digits complete:
Left foot digits completa:
Digits comment:
See Extremities comment
Extremftles:
Extremities comment:
Amputation of the right arm at the mid humerus
Muscle group atrophy: No
Senile purpura: No
Pitting edema: No
Muscle other: No
Tattoos pre.ent:
Cosmetic piercing present:
Scar(s) present:
External Examination
Unremarkable
Unremarkable
Normal
Male
None
None
No
Yes
Yes
Yes
Other - enter comment.
Tattoo(s)
No
Cosmetic Plercing(s)
No
Scar(s)
No
Page 2 Ponted: 512912014 2:15:58 PM
Death Investigation Report page 5 of 30
14-23683
Ca.e Number:
2014 01366
External Examination
BOYD,JAMES
~eponeaDy:
VUt::,Y UKpU IVllJ
Reporting Tracking
Verified by:
Reviewed and approved by:
Sam Andrews MD on 412312014 12:00:15 PM
Sam Andrews MD on 4123120143:28:48 PM
External Examination
Page 3
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14-23683
Case Number:
2014 01366
Medical Intervention
BOYD,JAMES
MedicalInvestigator
Sam Andrews MD
Medical Investigator Trainee
OdeyUkpoMD
Evidence of medical Intervention:
Yes
IndwellingTubes
If nasogastric tube present, specify
course and posftion:
If endotracheal wbe present,
specify course and position:
Endotracheal lube:
No
Yes
Passes through the mouth and oropharynx, between the vocal folds and terminates in
the trachea proximal to the carina
Endotrecheal lube comment:
Trecheostomy slteJtube: No
Mediastinallube(s): No
Chest tUbeCs): Yes
~ chest tubeCs)present, specify
configuration:
Two left chest tubes inserted through the fourth intercostal space.
Right chest tube inserted through the fourth intercostal space.
If Foleycatheter present, specify Yes
course and position:
Foleycatheter: Passes through the urethra, and terminates in the urinary bladder as an inflated bulb
Foley catheter comment:
Medical intervention other:
Needle puncture of the left antecubital fossa.
Orogastric tube passing down the esophagus and terminating in the stomach.
ECGMonHoringPads
ECGMonHonngPads Present?: Yes
ECGChest Pads: Yes
ECGshins pads: Yes
Other pads comments:
Defibrillator Peds
Defibrillatorpads present?:
Right upper outer chest:
Back:
Yes
Ves
Yes
Vascular Catheter(s):
Vascular catheter(s): Yes
Left subclavian vein: Yes
Rightfemoral vein: Yes
Posterioraspect of left hand: Yes
RecentSurglc.' intervention
Medical Intervention
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14-23683
Case Number.
2014.01366
Medical Intervention
BOYD,JAMES
Evldence of recent surgical
Intervention:
Thoncotomy:
Laparotomy:
Orthopadic:
Recent surgical Intervention
comments:
Right ann amputation at the mid humerus, 23 em from the acromioclavicular joint.
Yes
Yes
Yes
Yes
Bilateral thoracotomy between the anterior third and fourth ribs and body of the sternum.
Left lower lung lobectomy.
Sutures within the left hemidiaphragnn.
Packed, open laparotomy with distal transverse colonic resection with anastomosis, and splenectomy.
Reported by:
Verified by:
Reviewed and approved by:
Report Tracking
OdeyUkpoMD
Sam Andrews MDon 41231201412:00:19PM
Sam Andrews MDon 4123/2014 3:28:48PM
Medical Intervention
Page 2
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Death Investigation Report page B of 30
Case Number:
2014-01366
Medical Investigator
Sam Andrews MD
External exam date:
Body temperature:
Rigor mortis:
Livor mortis color:
L1vor merns- fIXation
(II applicable):
Uvor merns- posftion
(II applicable):
State of preservation:
Reported by:
Verified by:
Reviewed and approved by:
PostmortemChanges
14-23683
Postmortem Changes
BOYD,JAMES
Medical Investigator Trainee
OdeyUkpoMD
3/17/20149:40:00 AM
Warm
Fully fixed
Purple
Fully Fixed
Posterior
No decomposition
Report Tracking
OdeyUkpoMD
Sam Andrews MD on 3/191201410:12:08 AM
Sam Andrews MD on 4/2312014 3:28:48 PM
Page 1
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14-23683
Case Number:
2014-01366
Evidence of Injury
BOYD,JAMES
Medical InvestigatOr
SamAndrewsMD
Medical Investigator Trainee
OdeyUkpoMD
Are there any Injuries:
No
Autopsy date:
Evidence of Injury:
3/17/201410:44:00 AM
# Injury
Location
Injury Description
GUNSHOT WOUND OF THE LOWER BACK
1 Firearm injury
Back
Entrance (Wound A):
On the paramidline lower left back, 63 em below the top of the
head, slightly left of the posterior midline, and 22 em above the
superior border of the intergluteal cleft, is an entrance gunshot
wound consisting of a 0.5 em round defect with a 0.1 em wide
circumferential pink marginal abrasion which is widest at 4 to 6
o'clock. Soot, unburned gunpowder particles and gunpowder
stippling are not visible on the skin surrounding the wound.
Path:
The hemorrhagic wound track sequentially perforates the skin
and subcutaneous tissues of the lower left back, left psoas
muscle, twelfth left rib, left adrenal gland, transverse colon,
spleen, left hemidiaphragm, left lower lung lobe, left upper
lung lobe, presumptive left fifth intercostal muscle (due to
chest tube insertion the exact path can not be determined), and
skin and subcutaneous tissues of the left axilla.
Associated injuries include right (600 mL) and left
hemothoraces (250 mL).
Exit (Wound F):
Within the left axilla in the mid axillary line and 32 em below
the top of the head, is an exit gunshot wound consisting of a 1.2
x 1 em laceration without marginal abrasion. Inferolateral to
the exit gunshot wound is an irregular purple contusion.
Re-entrance (Wound G):
On the proximal medial upper left arm, 31 em below the top of
the head and 20 em below the left acromioclavicular joint is a
re-entrance gunshot wound consisting ofa 1.5 x 0.7 em
irregular laceration eccentrically located within a purple
contusion. Discontinuous red abrasions surround the wound.
Soot, unburned gunpowder particles and gunpowder stippling
are not visible on the skin surrounding the wound.
Path:
The hemorrhagic wound track sequentially perforates the skin
and subcutaneous tissues of the upper left arm and the medial
left deltoid muscle with penetration of the lateral left deltoid
Evidence of Injury
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Case Number:
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Evidence of Injury
BOYD,JAMES
muscle.
Associated injuries include a 6.5 x 5 em blue contusion ofthe
lateral upper left ann (30 cm below the top of the head and 4.5
cm left of the anterior midline).
Recovery:
Recovered in the lateral left deltoid muscle is a markedly
deformed, 62.8 grain, copper jacketed, lead missile.
Trajectory:
The wound track travels from the decedent's back to front,
right to left, and upward.
Clothing:
On the mid lower back segment of the sweater is a 0.3 em
circular defect with frayed edges. Soot and unbwned
gunpowder particles are not visible on the fabric surrounding
the defect.
Range of fire:
Indeterminate
Three containers containing surgical specimens related to the
gunshot wound of the lower back are received from the
University of New Mexico Hospital surgical pathology
department:
. I. Received in a formalin filled container labeled 'trauma alert,
ward d, left lower lung lobe, MRN 5600880' is a 250 g lung
lobe with a posterior 3 x 1.5 em circular defect. There is a 9
em stapled surgical resection margin.
2. Received in a formalin filled container labeled 'trauroa alert,
ward d, spleen, MRN 5600880' is an intact spleen with a
circular defect measuring 1.4 x 0.7 em with radiating
lacerations.
3. Received in a formalin filled container labeied 'trauroa alert,
ward d, transverse colon, MRN 5600880' is a non-oriented
segment oflarge bowel measuring 9 x 4.5 x 0.3 ern, Located 2
em from one resection margin is a 4 x 2 em defect. The serosal
and mucosal surfaces are hemorrhagic.
2 Firearm injury Extremity
GUNSHOT WOUND OF THE LATERAL UPPER RIGHT
ARM
Entrance (Wound B):
On the proximal lateral upper right arm, 48 em below the top of
the head, 8 em right of the anterior arm midline, and 29 em
below the right acromioclavicular joint, is an entrance gunshot
wound consisting of a 0.4 em round defect with a 0.1 cm wide
circumferential pink marginal abrasion. Soot, unburned
gunpowder particles and gunpowder stippling are not visible on
Evidence of Injury
Page 2
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Death Investigation Report page 11 of 30
14-23683
Cas. Number.
2014-01366
Evidence of Injury
BOYD,JAMES
the skin surrounding the wound.
Path:
The hemorrhagic wound track sequentially perforates the skin
and subcutaneous tissues of the upper right arm, right deltoid
muscle, right humerus, proximal right bicep muscle, and skin
and subcutaneous tissues of the proximal medial upper right
arm.
Exit (Wound C):
On the proximal medial upper right arm, 46 ern below the top
of the head, left of the anterior arm midline, and 28 ern below
the right acromioclavicular joint, is an exit gunshot wound
consisting of an irregular, 3 x 1 em, ovoid laceration without
marginal abrasion. The exit wound is eccentrically located
with a purple contusion. Medial and lateral to the exit defect
are multiple small, irregular lacerations.
Trajectory:
The wound track travels from the decedent's back to front,
right to left, and upward.
Clothing:
No definitive gunshot defect is seen on the clothing.
Range offire:
Indeterminate
The following surgical specimen related to the gunshot wound
of the upper right arm is received from the University of New
Mexico Hospital surgical pathology department:
I. Received in a red biohazard bag labeled 'trauma alert-ward
d, right lower arm, MRN 5600880' is a right arm with viable
surgical resection margins. The proximal humerus is
extensively fragmented, with surrounding soft tissue
hemorrhage. On the lateral distal upper right arm, 8 ern above
the elbow, is a 0.3 x 0.2 em slit-like laceration.
GUNSHOT WOUND OF THE MID UPPER LEFT ARM
Entrance (Wound D):
On the mid upper left arm, 46.5 ern below the top of the head at
the anterior arm midline, and 19.5 em inferior to the left
acromioclavicular joint. is an entrance gunshot wound
consisting of a 1.5 x 1.2 ern oval defect with a 0.2 ern wide
circumferential pink marginal abrasion which is widest at 10
o'clock. Soot, unburned gunpowder particles and gunpowder
stippJing are not visible on the skin surrounding the wound.
Path:
EVidence of Injury
The hemorrhagic wound track sequentially perforates the skin,
subcutaneous tissues, and skeletal muscle of the UDDerleft ann.
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Death Investigation Report page 12 0130
14-23683
Case Number:
2014-01366
Evidence of Injury
BOYD,JAMES
Exit (Wound E):
On the mid lateral upper left arm, 48 em below the top of the
head, 1.5 em left of the anterior arm midline, and 27 em below
the left acromioclavicular joint, is an exit gunshot wound
consisting of a 2 x 1 em, irregular, oviod laceration without
marginal abrasion.
Trajectory:
The wound track travels from the decedent's front to back,
right to left, and downward.
Clothing:
On the left sleeve of the sweater (near the junction of the sleeve
with the axilla) is a circular defect measuring 0.3 em with
frayed edges. Soot and unburned gunpowder particles are not
visible on the fabric surrounding the defect.
Range of fire:
Indeterminate
3 Blunt injury
Extremities
On the right buttock is a 5 x 4 em blue contusion.
A 4 x 2.5 em roughly triangular laceration of the anterolateral
mid lower right leg.
A 7 x 1.2 em laceration of the posterolateral proximal lower
right leg.
Within the right popliteal fossa and on the proximal right calf is
an 11.5 x 10 em area of multiple, red. curvilinear abrasions.
On the anterior and lateral proximal lower right leg are
multiple, irregular, red abrasions.
Reported by:
Verifiedby:
Reviewedand approved by:
Report Tracking
OdeyUkpoMD
Sam Aodrews MD on 4123/201412:12:49 PM
Sam Aodrews MD on 412312014 3:28:48 PM
Evidence of Injury
Page 4
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Death Investigation Report page 13 of 30
Case Number: 2014-01366
Medical Investigator
Sam Andrews MD
Date of AulDpsy:
Dale of Internal Exam:
Chest cavttles examined:
Abdominal cavity examined:
See evidence of Injury section
Organs in nonnal anatomic
poIRlon
Other organ position comments
Diaphragm:
Serosal surfaces:
Body cavity Idheslons present:
Auld accumulation present:
Fluid accumulation right chest
cavity:
Fluid accumulation left chest cavity
Fluid accumulation pericardial sac:
Auld accumulation abdominal
cavity:
Fluid accumulation pelvis:
Fluid accumulation comments:
See Evidence of Injury
Brain examined:
See separate forensic
neuroplthology consultation report
See evidence of Injury section:
See evidence of medical
Intervention section:
See postmortem changes section:
Brain fresh (g):
Brain fixed (g):
Facial skeleton:
Calvarium:
Skull bose:
Skull comments:
Dura mater:
Dural venous sinsuses:
Leptomeninges:
Internal Examination
14-23683
Internal Examination BOYD, JAMES
Medlcllinvestigator Trainee
OdeyUkpoMD
3/171201410:44:00 AM
3/17/2014 12:02:00 PM
BODY CAVITIES
Yes
Yes
Yes
Yes
Intact
Smooth and glistening
No
Yes
Yes
Yes
No
No
No
HEAD
Yes
No
No
No
No
1480
No palpable fractures
No fractures
No fractures
Unremarkable and without masses
Patent
Thin and transparent
Absent
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Case Number:
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BOYD,JAMES
Epidural hemonnages f
hematomas:
Subdural hemonnages f
hematomas:
Subarachnoid hemonnages:
Cerebral hemispheres:
Gyral and sulcal patterns:
Gyrel convolutions and sulci:
Uncal processes: .
Cerebellar lonslls:
Cranial nelVes:
Basilar arterial vasculature:
Cerebral cortex:
While matter:
Corpus callosum:
Deep gray mailer structures:
Bralnstem:
Cerebellum:
Spinal cord examined:
Middle ears examined:
Neck examined:
See Evidence of Injury section:
See Evidence of Medical
Intervention lection
See Postmortem Changes section:
Subcutaneous soft tissues:
Strap muscles:
Jugular veins:
Carotid arteries:
Tongue:
Epiglollls:
Hyoid bone:
Larynx:
Palatine tonsils:
Heartexamined: Yes
SeeseparateCardiovascular No
Pathology report:
See Evidence of Injury section: No
See EvidenceofMedical No
Intervention section:
Internal examination
Internal Examination
Absent
Absenl
Symmetrical
Unremarkable
No widening or flattening of gyri and no narrowing of sulci
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Spina' Cord
No
Middle Ears
No
Neck
Yes
No
No
No
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Not examined
CARDIOVASCULAR SYSTEM
Page 2
Death Investigation Report page 15 of 30
14- .. 3683
:tt).-'<~, __
"."'"
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Case Number:
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14-23683
Internal Examination
BOYD,JAMES
See Postmortem Changes section: No
Right coronary ostium posttlon:
Left coronary ostium position:
Supply of the posterior
myocardium:
Heart fresh (g):
Heart fixed (g):
Right coronary ostium:
Proximal third right coronary
artery:
Middle third right coronary artery:
Distal third right coronary artery:
Left coronary ostium:
Left main coronary artery:
Proximal third left anterior
descending coronary artery:
Middle third left anterior
descending coronary artery:
Distal third left anterior descending
coronary artery:
Proximal third left circumflex
coronary artery:
Middle third left circumflex
coronary artery:
Distal third left circumftex coronary
artery:
Cardiac chambers:
Tricuspid valve:
Pulmonic valve:
Mitral valve:
Aortic varve:
Right ventricular myocardium:
Left ventricular myocardium:
Atrialseplum:
Ventricular septum:
Right ventricular free wall
thickness:
Left ventricular free wall thickness:
Interventricular septum thickness:
Aorta examined:
Internal Examination
Heart
Normal
Normal
Right coronary artery
435
Coronary artery stencsjs by atherosclerosis (In percent):
o
o
o
o
o
o
o
o
o
o
o
o
Cardiac Chambers and Valves:
Unremarkable
Unremarkable
Unremarkable
Unremarkable
Unremarkable
No fibrosis, erythema, pathologic infiltration of adipose tissue or areas of accentuated
softening or induration
No fibrosis, erythema, or areas of accentuated softening or induration
Unremarkable
Unremarkable
0.40 em
1.70 em
1.70 em
Aorta
Yes
Patent
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Case Number:
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Orifices of the major vascular
branches:
Coarctation:
Vascular dissection:
Aneurysm fonnation:
Complex atherosclerosis:
Other aortic pathology:
Great vessels examined:
Vena cava and major tributaries:
Lungs examined:
See separate Cardiovascular
Pathology report:
See Evidence of Injury section:
See Evidence of Medical
Intervention section:
See Postmortem Changes section:
Lung right (g):
Lung left (g):
Upper and lower airways:
Pulmonary parenchyma color:
Pulmonary parenchyma congestion
and edema:
Pulmonary trunk:
Pulmonary artery thrombi:
Pulmonary artery atherosclerosis:
Liver examined:
See Evidence of Injury section:
See Evldence of Medical
Intervention section:
See Postmortem Changes section:
Liver (g):
Bile vol (mL):
Gallstones autopsy:
Gallstones autopsy desc:
Hepatic parenchyma (color):
Hepatic parenchyma (texture):
Hepatic vasculature:
Gallbladder:
Gallstones:
Intrahepatic biliary tree:
Internal Examination
14-23683
Internal examination
BOYD,JAMES
No
No
No
No
No
Vena Cava
Yes
Patent
RESPIRATORY SYSTEM
Yes
No
Yes
Yes
No
430
325
Unobstructed, and the mucosal surfaces are smooth and yellow-tan
Dark red-purple
Slight amounts of blood and frothy fluid
Free of saddle embolus
None
None
HEPATOBILIARY SYSTEM
Yes
No
No
No
1770
No
Red-brown
Unremarkable
Unremarkable and free of thrombus
Unremarkable
None
Unremarkable
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case Number:
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BOYD,JAMES
Extrahepatie biliary tree:
Alimentary tract examined:
See Evidence of Injury seetlon:
See Evidence of Medical
Intervention section:
See Postmortem Changes section:
Stomach contents vol (mL):
Stomach contents description:
Purple liquid
Appendix found:
Course:
Mucosa:
Mucosa:
Pylorus:
Luminal contents:
Mucosa:
Caliber and continuity:
Luminal contents:
Mucosa:
Caliber and continuity:
Internal Examination
Unremarkable
GASTROiNTESiNAL SYSTEM
Yes
Yes
Yes
No
100
Yes
Esophagus
Normal course without fistulae
Gray-white, smooth and without lesions
Stomach
Usual rugal folds
Patent and without muscular hypertrophy
Small Intestine
Partially digested food
Not examined
Appropriate caliber without interruption of luminal continuity
Colon
Formed stool
Other - See comments
Other - See comments
Other colon comments:
See Evidence ofInjury and Evidence of Medical Intervention
Pancreas
Form:
GenitOUrinary system examined:
See Evidence of Injury section:
See Evidence of Medical
Intervention section:
See Postmortem Changes section:
Kidneys capsules:
Cortical surfaces:
Cortices:
Calyces, pelves and ureters:
Kidney right (g):
Kidney left (g):
Urine volume (mL):
Internal Examination
Nonnal tan, lobulated appearance
GENITOURINARY SYSTEM
Yes
No
No
No
Kidneys
Thin, semitransparent
Smooth
Normal thickness and well-delineated from the medullary pyramids
Non-dilated and free of stones and masses
175
180
o
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Case Number:
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Internal Examination
BOYD,JAMES
Urine description:
Urinal)' Bladder
Urinal)' bladder mucosa: Other - See comments
Other bladder comments:
Tan mucosa with emphysematous changes
Male
Male:
Yes
Location:
Size:
Consistency:
Other testicle comments:
Testicles
Bilaterally intrascrotal
Unremarkable
Homogenous
Prostate Gland
Size:
Consistency:
Other prostate gland comments:
Unremarkable
Homogenous
RETICULOENDOTHELIAL SYSTEM
Reticuloendothelial system Yes
examined:
See Evidence of InJul)' section: Yes
See Evidence of Medical Yes
Intervention section:
See Postmortem Changes section: No
Spleen (g):
Spleen parenchyma:
Spleen capsule:
Spleen white pulp:
Spleen
185
Moderately firm
Other - See comments
Prominent
Spleen comments:
See Evidence oflnjury and Evidence of Medical Intervention
Bone Marrow
Color: Red-brown, homogeous and ample
Lymph Nodes
Regional adenopathy:
No adenopathy
Thymus
Thymus (g):
Parenchyma:
Absent (involution by adipose tissue)
ENDOCRINESYSTEM
Endocrine system examined:
See Evidence of InJul)' section:
See Evidence of Medical
Intervention section:
See Postmortem Changes section:
Yes
Yes
No
No
Internal examination
Page 6
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Death Investigation Report page 19 of 30
Case Number:
2014 01366
PItuItaIY Gland
Size:
Position:
Size:
Parenchyma:
Adrenal right (g):
Adrenal left (g):
Size:
Parenchyma:
Other adrenal gland comments:
See Evidence ofInjury
Musculookeletalsystem examined:
See Evidence of InjuIY section:
See Evidence of Medical
Intervention section:
See Postmortem Changes section:
Bony framework:
Musculature:
Subcutaneous soft tissues:
Reported by:
Verlfled by:
Reviewed and approved by:
Internal Examination
14-23683
Internal Examination
BOYD,JAMES
Normal
Thyroid Gland
Normal
Normal
Homogenous
Adrenal Glands
Normal
Yellow cortices and gray medullae with with the expected corticomedullary ratio
MUSCULOSKELETAL SYSTEM
Yes
Yes
No
No
See Evidence ofInjury
See Evidence ofInjury
See Evidence ofInjury
ADDITIONAL COMMENTS
Report Tracking
OdeyUkpoMD
Sam Andrews MD on 4123/2014 12:00:23 PM
Sam Andrews MD on 4123/2014 3:28:48 PM
Page 7
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Death Investigation Report page 20 of 30
14-23683
Ca.e Number:
2014 01366
Microscopy
BOYD,JAMES
Medical Investigator
Sam Andrews MD
Medical Investigator Trainee
OdeyUkpoMD
Microscopic descriptJon:
HEART (left ventricle, interventricular septum, apex)
Sections of the heart show focal myocyte nuclear enlargement.
LUNGS
Sections of the right and left lungs show patchy intra-alveolar extravasated red blood cells and occasional intra-alveolar
macrophages.
KIDNEYS
Sections of the right and left kidneys show no significant histopathologic abnormality.
LIVER
A section of the liver shows mild macrosteatosis.
"Unless otherwise indicated sections are stained only with hematoxylin and eosin (H&E).
Block Tissue Location
Description
AI
Heart, right kidney
A2
Right lung, left kidney
A3 Liver, left lung
Stain
Reported by:
Verified by:
Reviewed and approved by:
Report Tracking
OdeyUkpoMD
Sam Andrews MD on 4/23/2014 12:00:26 PM
Sam Andrews MD on 4/23/2014 3:28:48 PM
Microscopy:
Page 1
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Death Investigation Report page 21 of 30
14-23683
Case Number:
2014 01366
Radiography
BOYD,JAMES
Medical Investigator
Sam AndrewsMD
Medical Investigator Trainee
OdeyUkpoMD
Date of examination:
Study date:
Accession number:
3/17/2014 10:44:00 AM
2014-1366
Examlype:
Technique:
Comparison:
Comments:
A postmortem anteroposterior radiograph ofthe left upper extremity shows a radiodense missile located in the soft tissue
adjacent to the proximal humerus and multiple small radiodense missile fragments in the soft tissue near the distal
humerus.
Head.chest, abdomen, and upper extremities
Radiograph
A postmortem anteroposterior radiograph of the upper right arm shows amputation of the arm at the mid humerus,
multiple small radiodense missile fragments at the resection margin and an irregular distal humerus resection margin.
A postmortem radiograph of the amputated right arm shows multiple radiodense missile fragments at the proximal
resection margin and fractures of the distal humerus.
A postmortem anteroposterior radiograph of the abdomen shows surgical sponges within the abdominal cavity.
Postmortem anteroposterior radiographs of the head and chest show no evidence of retrievable missiles or missile
fragments.
Reported by:
Verified by:
Reviewed and approved by:
Report Tracking
OdeyUkpoMD
Sam Andrews MD on 4123/2014 12:00:33 PM
Sam Andrews MD on 4123/2014 3:28:48 PM
Radiography
Page 1
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Death Investigation Report page 22 of 30
CaseNumber:
2014-01366
DecedentName:
CaseNumber:
Dateof Examination:
Pathologist:
FeliowlResldent:
Reviewer:
DeathInvestigationreport:
Photographs:
Microscopicslides:
TOXicologyreport:
OtherItems(specify):
OtherItemsComments:
14-23683
Peer Review Report
BOYD,JAMES
BOYD, JAMES
2014-01366
3/17/2014 10:44:00 AM
Sam Andrews MD
OdeyUkpoMD
J. Keith Pinckard MD
Items Reviewed
Yes
Yes
Yes
Yes
TechnicalAudn
Isthe report Independentlyreviewable?: Yes
Arethe descriptions of clothing and Identifyingmarksand scars appropriatefor the complexity of the case?: Yes
Is the externaldescription (without Injuries)appropriatelycasespecific?: Yes
Arethe descriptions of Injury, if presen~appropriatefor the complexity olthe case,and consistent wnh Yes
diagramsand photographs?:
Arethe descriptions of Injury, ff presen~organizedIn a logical and understandablesequence?: Yes
Arethe descriptions of natural disease,If present,appropriatefor the complexityof the case?: Yes
Is thetext clear and understandablewnhout significant typographlca' andlor grammaticalelTOrs?: Yes
Is the opinion logical andcomplete?: Yes
'S theopinion raadlly understandablebythe nonmedical reader?: Yes
Are all significant issues addressed In the opinion?: Yes
Wasappropriateancillary testing perfonned?: Yes
Arethe opinions raasonable?: Yes
Isthe causeof deathraasonable?: Yes
Is the manner of death reasonable?: Yes
Comments:
ReportcompletedIn atimely fashion?: Yes
Reportedby:
Verifiedby:
Reviewed and approved by:
Peer Review Report
Report Tracking
OdeyUkpoMD
J. Keith Pinckard MD on 4/2312014 5:11:01 PM
Sam Andrews MD on 4123/2014 3:28:48 PM
Page 1
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Death Investigation Report page 23 of 30
CaseNumber.
2014-01366
CaseNumber.
DecadentName:
Pathologist:
FelJowlRasldent:
Dateof examination:
14-23683
Procedural Noles
BOYD,JAMES
2014-01366
BOYD, JAMES
Sam Andrews MD
OdeyUkpoMD
3/17/201410:44:00 AM
Morphologytechnlcan(s) present
Yellow Sheet
Morphology Technician
Autopsy
Desiree Mora
Evidence
Desiree Mora
Evidence
Desiree Mora
Radiology
Desiree Mora
Retention
Rebecca Avery
Toxicology
Desiree Mora
Toxicology
Desiree Mora
Toxicology
Desiree Mora
LabOther
Desiree Mora
Allendees
Desiree Mora
Identification
Rebecca Avery
Morphologytechnlcan supervlsor(s) present
Yellow Sheet
Identification
Autopsy
Evidence
Radiology
Retention
Toxicology
LabOther
Allendees
Procedural Notes Report
Morphology Technician Lead
Desiree Mora
Stephen Adams
Desiree Mora
Desiree Mora
Desiree Mora
Erika Cavalier
Erika Cavalier
Desiree Mora
Page 1
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Death Investigation Report page 24 of 30
14-23683
Case Number:
2014 01366
Procedural Notes
BOYD,JAMES
Autopsyattend .. s
Other morphology technicians present:
Rebecca Avery
Rebecca Romans
Law enforcement officers present:
Carl Ross APD crime lab
Specimens obtained tor toxicology testing
Use antemortemspecimensfor No
testing:
Femollli blood collected: No
Heartblood collected: No
Blood other collected: Yes
Preserved vitreous collected: Yes
Un"preservedvitreouscollected: Yes
Urine collected: No
Bile collected: No
Gastric contents collected: No
Kidney tissue collected: No
Liver tissue collected: No
Braintissue collected: No
Muscle tissue collected: No
Other tissue collected: No
Procedural Notes Report
Page 2
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Death Investigation Report page 25 of 30
Case Number:
2014-01366
HIV serology:
HIV spin and store:
HCy/HBV serology :
Influenza serology:
Other serology:
Freezer prolocol:
DNA card:
Metabolic screen:
Cytogenetics:
MedX protocol:
Urine dipstick:
Blood cuRures (bacterial):
Lung cuRures (bacterial):
CSF cuRure (bacterial):
Spleen cuRure (bacterial):
51001 cuRure (bacterial):
Other bacterial cuRure (specify):
Mycobacterial culture (lung):
Mycobacteria' culture (other):
Viral Cultures:
Rokltansky evisceration:
Virchowevisceration:
Modified evisceralion:
Procedural Notes Report
14-23683
Procedural Notes
Specimens obtained for laboratory lesting
No
Yes
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
No
No
Approach to autopsy dissection
No
Yes
No
BOYD,JAMES
Page 3 Printed: 5129/2014 2:16:02 PM
Death Investigation Report page 26 of 30
Case Number:
2014 01366
Special autopsy techniques
HIV serology:
No
Pericranial membrane removal:
No
Neck anterior dissection:
Yes
Neck posterior dissection:
No
Facial dissection:
No
Vertebral ariel)' dissection (in sltu]:
No
Cervical spine removal:
No
Layered anterior trunk dissection:
No
Anterolateral rib arc dissection:
No
Back dissection:
No
Posterior rib arc dissection:
No
Extremny soft tissue dissection:
No
Eye enucleation:
No
Inner middle ear evaluation:
No
Maxilla or mandible res&cllon:
No
Spinal cord removal (enterlor):
No
Spinal cord removal (posterior):
No
Other dlssection(s):
Stock jar wnh standard tissue Yes
retention:
Rib segment: Yes
Pltunary gland: Yes
Breast tissue (women only): No
Brain retention: No
Spinal cord retention: No
Cervical spine retention: No
Heart retention: No
Heartlung block retention: No
Rib cage retention: No
Long bone retention: No
Other retention,speclfy:
14-23683
Procedural Notes
BOYD,JAMES
Tissues retenUon
Specimen outcome:
Disposition of tissues retained for extended examination
Not applicable; no tissues were retained for extended examination.
Procedural Notes Report
Page 4
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Death Investigation Report page 27 of 30
Case Number:
2014-01366
Number of scene photos produced by the OMI
Scene Photos:
Autopsy Photos:
FBI blood tube:
Blood spot card:
APD blood card:
Thumbprint:
Fingerprints:
Palmprinls:
Print hold:
Oral swab:
Vaginal swab:
Anal swab:
Other swab:
Fingernails:
Scalp hair:
Pubic hair:
Pubic hair combing:
ProJectlle(.):
Retain clothing:
Retain valuables:
Retain trace evidence:
Retain body bag:
Retain hand bags:
Ligature:
Other evidence retained:
Procedural Notes Report
No
No
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
No
No
Yes
No
14-23683
Procedural Notes
BOYD,JAMES
48
Number of autopsy photos produced by the OMI
93
Evidence collected
Personal effects
PageS
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Death Investigation Report page 28 of 30
14-23683
CaseNumber:
2014-01366
Procedural Notes
BOYD,JAMES
Property Type
Property Description
Property Detail
Missile
Describe
@ 62.8 GN from left Deltoid
Hand Bag
Left Hand
nla
Other
Other
taser barbs from clothing
Valuables
Wallet
black
Valuables
Watch
dig~al
Valuables
Bracelet
wm
Valuables
Credit card
MC
Valuables
Misc. cards & papers
nla
Valuables
Cell phone
nla
Valuabies
Hair tie
nla
Valuables
Hair clip
nla
Valuables
Lighter
nla
Valuables
Lip Balm
nla
Valuables
Coins
$00.09
Valuables
Other
plastic bags
Valuables
Other
hand sanitizer
Valuables
Other
toothpaste
Valuables
Other
batteries
Valuables
Other
sunglasses shades
Valuabies
Other
keychain
Valuables
Other
shoelaces
Valuables
Other
black case
Valuables
Other
pens
Valuables
Other
toothbrush
Valuables
Other
condoms
Valuables
Other
bible
Valuables
Other
plastic emblem
Valuables
Other
pieces of string
Valuables
Other
pieces of fabric
Blood
FTA Blood Card
blood spot
Fingerprints
Describe
10 prints
Palm Prints
Describe
Left and right palms
Clothing
Procedural Notes Report
Page 6
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Death Investigation Report page 29 of 30
14-23683
Case Number:
2014-01366
Procedural Notes
BOYD,JAMES
Property Type
Clothing
Clothing
Clothing
Clothing
Clothing
Clothing
Clothing
Clothing
Clothing
Clothing
Property Description
Hat
Shirt
Sweat shirt
Handkerchief
Ben
Pants
Shorts
Shoes
Socks
Other
Procedural Notes Report
Page 7
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Death Investigatron Report page 30 of 30
14-23683
CRIMINALISTICS
&
SCEINTIFIC REPORT
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting
CASE NO.
14-0023683
OFFENSE LOCA nON
812 Piedra Vista NE
Page 1
VICTIM State of New Mexico
CRIMINALISTICS MAJOR CRIME SCENE REPORT
Sunday, March 16, 2014
At 1956 hours, I was dispatched to 812 Piedra Vista Rd NE in reference to an officer involved shooting.
Upon arrival I met with Detective M. Kleinfeld and Sergeant L. DeYapp who assisted with the crime scene
investigation.
Criminalistics Personnel:
Violent Crimes:
Detective N. Render
Detective M. Kleinfeld
Sergeant L. DeY app
Detective J. Serna
Detective R. Vanderlip
Detective C. Ross
Detective G. Stone
Detective A. Ortiz
Sergeant G. S1. Onge
Weather:
The weather conditions for March 16,2014, at approximately 2059 hours, as recorded by the National
Weather Service, were as follows: temperature 49 degrees, humidity 19%, barometric pressure 30.34 and
falling, wind at from the north at 10 MPH, and the skies were clear.
Briefing Information By Sergeant J. Carpenter@2121 hours:
(Thefollowing contains statements relayed by officers based upon their preliminary investigation. Additional
information may be obtained through the course of the investigation that could support or oppose these
statements.)
Officers J. McDaniel and P. Hernandez, with the Open Space Unit, were dispatched to the Foothills
Open Space area east of 812 Piedra Vista Rd NE. The caller, Alexander Thickstun, advised an individual, later
identified as James Boyd, had been camping there for about a month. Officers made contact with James shortly
before 1700 hours and noticed a knife clipped to his front pocket. When Officer McDaniel attempted to
conduct a pat-down, James pulled out two opened folding knives. Officer McDaniel and Officer Hernandez
both drew their service weapons and called for assistance. Officers C. Wetterlund, J. Rogillio, M. Monette, and
B. Knipprath, from the Foothills Area Command responded. Officer Monette Was certified as a Crisis
Intervention Team (CIT) officer, so he began speaking to James at about fifteen minutes after open space
II< This fonn is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 2
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCA nON 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
officers arrived. James made several statements that he was with the military and crn and that "this is going to
turn bad."
Sergeant Carpenter requested additional assistance from more specialized units at about five to ten
minutes after Officer Monette began speaking with James. Officers K. Sandy and R. Ingram from the ROP
Unit responded as well as Officers S. Weimerskirch and K. Ronzone from the K-9 Unit. Sergeant J. Fox and
Officers J. MacFarlane, J. Sedler, J. Perdue, R. Ornales, and D. Perez, with the SWAT Team, responded. James
requested to speak to a State Police liaison, so State Police Sergeant C. Ware and Officer M. Bengston
responded to the scene. After Officer Monette had been speaking with James for about forty-five minutes,
Officer Bengston attempted to speak with James but he became agitated and refused to speak to Officer
Bengston. Officers set up a perimeter to prevent James from going down the mountain and began replacing
field services officers. About fifteen minutes after James spoke with Officer Bengston, Officer Weimerskirch
spoke with him for about an hour and fifteen minutes. During that time James took both knives out several
times. Officer Weimerskirch said he was concerned about any other weapons in James' camp and that the sun
was starting to set. When James began gathering items and wanted to leave, a noise flash diversionary device
was deployed immediately followed by a Taser shotgun from Officer R. Ingram, and Officer Weimerskirch's
police service dog. Officer Weimerskirch said he saw James put his hands in his pockets and as James started
to turn he heard several shots, fired by Officer Sandy and Officer Perez, and then James fell. As officers
approached to place James in handcuffs they observed he had an opened folding knife in each hand. A beanbag
shotgun and police service dog were used in an attempt to have James drop the knives. After being taken into
custody, James was taken to the University of New Mexico Hospital.
Initial Investigation:
At approximately 1950 hours, Field Evidence Technician J. Miller was dispatched to the University of
New Mexico Hospital where she collected James' clothing (ITEM c1-100) which were transported and tagged
into the crime van. (See FET J. Miller's report for further information).
Officer D. Perez was brought into the crime van at approximately 2104 hours, where he was
photographed and processed for evidence. Officer Perez was wearing a green tactical uniform with a tactical
vest, helmet, and brown boots. There were no visible signs or complaints of injuries. Officer Perez's Noveske,
5.56x45mm caliber rifle (ITEM f-I) as well as the SD card from his Contour ROAM helmet camera (ITEM m-
1) were collected .
This form is for additional narrative information only. Any additional persons. property, change of status, erc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
--====:...:..:=====---------ilD;';N:;;O"".---
REVIEWING OFFICER: ....::;:Sc::
e
"'r
g
>:e:::an::t:.:L=:e""n:::a:.:D=e..oY..::a:<:p.r::p i
3
';';0.;=;8~2___DATE 07-24-14
ID NO. PIlIS28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 3
VICTIM State of New Mexico
Officer K. Sandy was brought into the crime van at approximately 2124 hours, where he was
photographed and processed for evidence. Officer Sandy was wearing a grey sweatshirt, blue denim pants,
brown shoes, a camouflage baseball hat, and a green tactical vest with POLICE patches. There were no visible
signs or complaints of injuries. Officer Sandy's JP Enterprises, 5.56x45mm caliber rifle (ITEM f-2) as well as
his Olympus digital audio recorder (ITEM m-2) and the SD card from his Scorpion lapel camera (ITEM m-3)
were collected.
Officer A. Sedler was brought into the crime van at approximately 2138 hours, where he was
photographed and processed for evidence. Officer Sedler was wearing a green tactical uniform with a tactical
vest and brown boots. There were no visible signs or complaints of injuries,
Officer R. Ingram was brought into the crime van at approximately 2151 hours, where he was
photographed and processed for evidence. Officer Ingram was wearing a blue shirt, black jacket, blue denim
pants, blue shoes, brown baseball hat, and green tactical vest with POLICE patches. There were no visible
signs or complaints of injuries. There were bloodstains on the thumb of his right glove. Officer Ingram's Taser
shotgun (ITEM f-3) as well as his Olympus digital audio recorder (ITEM m-4) were collected.
Officer S. Weimerskirch was brought into the crime van at approximately 2207 hours, where he was
photographed and processed for evidence. Officer Weimerskirch was wearing a green tactical uniform, brown
boots, and a tan baseball hat. There were no visible signs or complaints of injuries. There were what appeared
to be bloodstains on the inside of both of Officer Weimerskirch's pant legs. Officer Weimerskirch's Taser
camera (ITEM m-S) was collected.
State Police Sergeant C. Ware was brought into the crime van at approximately 2210 hours, where he
was photographed and processed for evidence. Sergeant Ware was wearing a standard state police uniform,
duty belt, and black boots. There were no visible signs or complaints of injuries.
State Police Officer M. Bengston was brought into the crime van at approximately 2217 hours, where he
was photographed and processed for evidence. Officer Bengston was wearing a standard state police Uniform,
duty belt, and black boots. There were no visible signs or complaints of injuries. Officer Bengston's digital
audio recorder (ITEM m-8) was collected.
Officer J. Perdue was brought into the crime van at approximately 2222 hours, where he was
photographed and processed for evidence. Officer Perdue was wearing camouflage pants, a camouflage jacket,
brown boots, and a camouflage tactical vest. There were no visible signs or complaints of injuries .
This form is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
PI11528
(REVISED 6113)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 4
VICTIM State of New Mexico
Officer K. Ronzone was brought into the crime van at approximately 2229 hours, where he was
photographed and processed for evidence. Officer Ronzone was wearing a green tactical uniform, brown boots,
and a green baseball hat. There were no visible signs or complaints of injuries. Officer Ronzone's Taser
camera (ITEM m-6) was collected.
Officer R. Ornales was brought into the crime van at approximately 2234 hours, where he was
photographed and processed for evidence. Officer Ornales was wearing a green tactical uniform with tactical
vest, helmet, and brown boots. There were no visible signs or complaints of injuries. Both of Officer Oranles'
gloves were bloodstained on the palm sides and on the back of the left glove.
Officer J. MacFarlane was brought into the crime van at approximately 2246 hours, where he was
photographed and processed for evidence. Officer MacFarlane was wearing a green tactical uniform with a
tactical vest, helmet, and brown boots. There were no visible signs or complaints of injuries. The SD card from
Officer MacFarlane's Contour ROAM helmet camera (ITEM m-7) was collected.
Sergeant J. Fox was brought into the crime van at approximately 2301 hours, where he was
photographed and processed for evidence. Sergeant Fox was wearing a green tactical uniform, body armor, and
brown boots. There were no visible signs or complaints of injuries.
Officer J. McDaniel was brought into the crime van at approximately 2306 hours, where he was
photographed and processed for evidence. Officer McDaniel was wearing a black jacket, black polo shirt, black
pants, duty belt, and black shoes. There were no visible signs or complaints of injuries. Officer McDaniel's
Taser camera (ITEM m-9) was collected.
Officer P. Hernandez was brought into the crime van at approximately 2314 hours, where he was
photographed and processed for evidence. Officer Hernandez was wearing a black jacket, black polo shirt,
black pants, duty belt, and black shoes. There were no visible signs or complaints of injuries. Officer
Hernandez's Taser camera (ITEM m-IO) was collected.
Sergeant J. Carpenter was brought into the crime van at approximately 2320 hours, where he was
photographed and processed for evidence. Sergeant Carpenter was wearing a standard field services APD
uniform. There were no visible signs or complaints of injuries. Sergeant Carpenter's Taser camera (ITEM m-
11) was collected.
,.,This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
--=:...:..;c"-'-'''-'-'c...::...====='----------T,om''N"''o;'-. ---
REVIEWING OFFICER: Sergeant Lena DeYapp 3082 DATE 07-24-14
--"'-'==-==-:::c...:....::.-=...:-------nlDc;';N:;;;O:'-. --
Plll~28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 5
VICTIM State of New Mexico
Officer C. Wetterlund was brought into the crime van at approximately 00 II hours, where he was
photographed and processed for evidence. Officer Wetterlund was wearing a standard bike patrol APD
uniform. There were no visible signs or complaints of injuries. Officer Wetterlund's Taser camera (ITEM m-
12) was collected.
Officer B. Knipprath was brought into the crime van at approximately 0021 hours, where he was
photographed and processed for evidence. Officer Knipprath was wearing a standard field services APD
uniform. There were no visible signs or complaints of injuries. Officer Knipprath's Taser camera (ITEM m-
13) was collected.
Alexander Thickstun was brought into the crime van at approximately 0039 hours, where he was
photographed and processed for evidence. Alexander was wearing a gray long-sleeved shirt, blue denim pants,
an~hoes. There were no visible signs or complaints of injuries. A Ruger LCP, .380 caliber pistol
(sl__ belonging to Alexander was photographed as well.
Officer J. Rogillio was brought into the crime van at approximately 0048 hours, where he was
photographed and processed for evidence. Officer Rogillio was wearing a standard field services APD uniform.
There were no visible signs or complaints of injuries. Officer Rogillio's Taser camera (ITEM m-14) was
collected.
Officer M. Monette was brought into the crime van at approximately 0055 hours, where he was
photographed and processed for evidence. Officer Monette was wearing a standard field services APD uniform.
There were no visible signs or complaints of injuries. Officer Monette's Taser camera (ITEM m-lS) was
collected .
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-"'===:..:..:.====='----------I~D;';;N;;,O;:-. ---
REVIEWING OFFICER: -",S.:::er:<g>.:e:::an::.t:.:L::.e",n:::a:.:D=e..o..:: ya"'p.c.p -,;3,.:;0:fi8;:-2 DATE 07-24-14
ID NO. PII1S28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 6
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
Scene Conditions:
The 800 block of Piedra Vista Rd NE ran in a north/south direction, bordered by Soula Dr NE to the
north and Piedra Larga PI NE to the south. The area was a residential neighborhood comprised of single family
homes. To the east of the homes was the Sandia Foothills Open Space area. For approximately 200 feet east of
the back wall of 812 Piedra Vista Rd NE, the ground gradually sloped upwards and contained large rocks and
desert vegetation. There was a dirt road that ran in a north/south direction towards the eastern part of this area.
The ground in the area further east began to rise more steeply and contained larger rocks and boulders.
Several foot paths weaved through the vegetation, some larger than others. One of the larger foot paths
ran in an east/west direction from the dirt road and then turned north approximately 330 feet east of 812 Piedra
Vista Rd NE. On the foot path where it turned north was a hull from a Taser XREP less-than-Iethal munition
(ITEM col). To the northwest of the XREP hull, underneath a bush, were two .223 caliber cartridge casings
(ITEMS c-7 and c-8). A large rock was just north of those casings with another .223 caliber cartridge casing
(ITEM c-3) and beanbag hull (ITEM c-2) to the north of the rock. Further north, in a large, flat, open area was
a flashbang (ITEM m-18), next to a large rock, and the flashbang spoon (ITEM m-17) to the west. All of these
items were located west of the north/south section of the foot path.
14-0023683
OffIcer Involved Shooting
VIctim: SUIt. of New MeXreD
812 Piedra Vista Rd NE
March 16, 2014
Diagram I>y: Detective N. Render
hHiiii"-;; -- _ - IwwI
Approximate Scale
NOTTO SCALE
812 Piedra Vista
RdNE
* This fonn is for additional narrative information only. Any additional persons. property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-==..::..:.:::..=...:.:=::...:..::=.:::-_-----~~--
!DNO.
REVIEWING OFFICER: --=S..::e::..<rg>.::e:=an=t:..;L=en=a:..;D=e..::Y..::a:<:pp"'- ,;:3;.:;0:;;,8~2- __ DATE 07-24-14
InNO. Plll528
(REVISED 15183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 7
OFFENSE Officer Involved Shooting CASE NO. 14-0023683
OFFENSE LOCATION 812 Piedra Vista NE
VICTIM State of New Mexico
On the east side of the foot path, east
and slightly north of the cartridge casing c- 3,
in a small cactus and small bush were another
XREP hull (ITEM c-4) and three more .223
caliber cartridge casings (ITEMS c-S, c-6,
and c-9). North of these casings, on the foot
path, were a blue bag (ITEM m-21b), two
beanbag hulls (ITEMS c-Ifl and c-ll),
several shirts (ITEM c1-1), and a XREP
projectile (ITEM pol). North of these items
the ground flattened out. Several beanbag
wads (ITEM m-19) were found around this
area as were a beanbag shotgun (ITEM f-4),
folded folding knife (ITEM k-l), pepper
spray container (ITEM m-20), two beanbags
(ITEMS p-2 and p-3), and headwear (ITEM
c1-2). A rock next to the clothing cl-2 had a
blood transfer stain on the southern face and
on the ground underneath the rock was a
blood pool which saturated the dirt. North of
those items, the foot path narrowed again and
climbed to another flattened area. On the foot
path were two folding knives (ITEMS k-2
and k-3) with the blades locked out. These
knives were consistent with the ones James
had been holding. At the top of the path were
a large amount of personal items (ITEMS m-
21a through m-2lm), including' clothing,
blankets, bags, and food. One of the bags had
a perforating defect near the top (ITEM m-
21). A large boulder at the top of this area
had three bullet impacts (ITEMS I-I through
i-3) along the southern face. A third beanbag
(ITEM p-4) was located northwest of the
bullet impacts .
14-0023683
Offteer inVolved Shooting
V"fCUm: State or New Mexk:o
812 Piedra VIsta Rd HE
March 16, 2014
Diagram by: Detective N. Render

t
p-4
c - cas.ing
d -cfothing
f -firearm
I-impact
m - mIscellaneous
p - prOjecble
!
m 17
NOT TO SCALE
t..... I
o 10 20ft
ApprOXimate Scale
c 1
This form is for additional narrative information only. Any additional persons. property, change of status, eto., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
--=:=:=:":"::":"::====~--------ilD""N;;O;:-. ---
REVIEWING OFFICER: ....::S",ero.lg",e",an;:::..t ::::L.::en"'a::...:::Dc::e'-'Y:..:a:.tp:J:p -i3:c;0"'8~2--- DATE 07-24-14
ID NO. PllIS28
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 8
VICTIM State of New Mexico
The scene was photographed with digital images. It was also sketched and measurements were obtained
through the use of a 3D laser Scanner. All digital images, laser scans, and original sketches will be retained in
Criminalistics files.
Tuesday, March 18,2014
I transferred all of the SD cards and digital recorders collected at the scene to Detective F. Pezzano to be
processed and he returned them on March 20,2014.
Thursday, March 20, 2014
Detective W. Harris was dispatched to 812 Piedra Vista NE, at approximately 1816 hours, where he
made contact with Alexander Thickstun. Alexander said he found some property stuck in between some rocks
just west of the original scene. Detective Harris photographed the area and collected a blue bag with clothing
and books (ITEM m-200) which were then transported to the Metropolitan Forensic Science Center and stored
in an evidence locker until they could be transferred to me.
Friday, March 21, 2014
I was told by Lieutenant A. Gonzalez that Chief G. Eden wanted all of the audio and video recordings
we had to be delivered to the Real Time Crime Center (RTCC). I stood by as Detective Pezzano copied the
files to a My Passport external hard drive, with serial number: WXE1CC1U4320. I delivered the hard drive to
Officer N. Sanders, with the RTCC, which was returned on Monday, March 24, 2014.
Autopsy:
The autopsy of James Boyd was conducted on March 17, 2014, by Dr. O. Ukpo. The report noted
several gunshot wounds. The first entered the lower back, left of the midline, exited the left armpit, and re-
entered into the left upper arm. A projectile was recovered from the left deltoid muscle (ITEM p-400). The
trajectory for the wound track was from back to front, right to left, and upward. Another gunshot wound
perforated the right upper arm with a trajectory from back to front, right to left, and upward. This gunshot
wound required most of the arm to be amputated. A third gunshot wound perforated the mid upper left arm
with a trajectory from front to back, right to left, and downward. Several lacerations and abrasions were noted
on the lower right leg and were consistent with injuries produced by a dog. A toxicology report provided with
the autopsy report noted no ethanol or drugs of abuse were present in James' system .
This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-=c.:..:==:....::...====='---------"'ID"'N"'O"'-.---
REVIEWING OFFICER: ....:::.Sc:::er:J:g>:e:::anoo.t'-'L=:e~n~a'-'D=e..:;Y-"a~p.t:p i3"'0Tr82;:-__ DATE 07-24-14
ID NO. PlIJ528
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 9
VICTIM State of New Mexico
Summary:
Officers were dispatched to 812 Piedra Vista Rd NE regarding an individual, later identified as James
Boyd, who had been living in the Sandia Foothills Open Space Area for approximately one month. Officers
were directed by the caller, Alexander Thickstun, to an area east of 812 Piedra Vista NE, and made contact with
James. James pulled out two opened folding knives when Open Space Officer J. McDaniel attempted to do a
pat-down. Field services officers arrived to assist and attempted to get James to put the knives down for about
one hour without success. New Mexico State Police officers were called to the scene in an attempt to talk to
James, also without success. Officers from the SWAT Team, K9, and ROP units arrived and replaced the field
officers. These officers set a perimeter and continued to talk to James for over an hour. James, on several
occasions, took the knives out of his pockets and put them back. The remainder of the incident was recorded by
Officer D. Perez's Contour ROAM helmet camera.
The timestamp on the camera was not up to date with an indicated date of2011l06/03 and a start time of
10:07:20 hours. The length of the video was approximately three minutes and thirty-nine seconds. The
following is a summary of the video recording: .
10:07:20 hours: James Boyd was seen standing on higher ground north of Officers S. Weimerskirch, K.
Sandy, and R. Ingram. Officer Perez was on lower ground to the west of those officers. Officer
Weimerskirch had control of his police service dog, Officer Ingram had a Taser shotgun, and Officers
Sandy and Perez had rifles.
10:07:42 hours: James began picking up bags and items from the ground.
10:07:56 hours: Officer Sandy deployed a flashbang.
10:07:58 hours: Flashbang detonated, and Officer Weimerskirch deployed his police service dog.
10:07:59 hours: Officer Ingram fired his Taser shotgun.
10:08:00 hours: James dropped the items he had been holding and Officer Weimerskirch began to close
the distance between his original position, and his police service dog followed by Officer Sandy.
Officer Perez began giving commands to "get on the ground" and moved north a short distance.
10:08:01 hours: The police service dog made contact with James but turned around and returned to
Officer Weimerskirch.
10:08:03 hours: James reached into both front pockets while Officer Weimerskirch redirected the police
service dog.
10:08:05 hours: James raised both arms out to his sides and appeared to take a fighting stance. The
police service dog grabbed a blue bag.
10:08:07 hours: As James began to turn to his left, Officer Sandy fired three shots from his rifle .
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 10
OFFENSE Officer Involved Shooting CASENO.
OFFENSELOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
10:08:08 hours: Officer Perez fired three shots from his rifle, and Officer Ingram fIred his Taser
shotgun. James fell to the ground.
10:08: 13 hours: Officer Perez moved up to join Officers Weimerskirch, Sandy, and Ingram.
10:08:21 to 10:08:39 hours: Officers observed James holding a knife and ordered him to drop it. James
stated he could not move.
10:08:39 hours: Officer R. Omales arrived with a beanbag shotgun. James moved his feet.
10:08:41 hours: Officer Omales fired a beanbag at James and ordered him to drop the knife. James did
not move.
10:08:43 hours: Officer Omales fired a second beanbag at James and ordered him to drop the knife.
James did not move.
10:08:47 hours: Officer Ornales fired a third beanbag at James and ordered him to drop the knife. James
did not move.
10:09:08 hours: Officer Weimerskirch released his police service dog who made contact with James.
James did not move.
10:09: 18 hours: Officers approached James and observed an opened folding knife in each hand.
10:09:23 to 10:09:28 hours: The knives are removed from James' hands, and he was placed III
handcuffs.
10: 10: 15 to 10: 10:56 hours: Officers Perez and Sandy clear the large pile of items at the top of the hill.
10:10:59 hours: Recording ended.
Evidence Inventory:
Items collected or received by Detective N. Render while on scene
at 812 Piedra Vista NE on March 16 and 17,2013
BARCODE D0027538
c-I through c-1I
Casings collected from scene by Detective F. Pezzano
c-I XREP hull collected at 0903 hours
c-2 Beanbag hull collected at 0921 hours
c-3 Speer .223 caliber cartridge casing collected at 0921 hours
* This form is for additional narrative information only. Any additional persons, property, change of status, etc" must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATINGOFFICER: Detective Nathan Render 5333 DATE 07-02-14
--'==='-.:..::-=..::====:::....--------,;:JD~N,;;O~. ---
REVIEWINGOFFICER: ---"Sc:;e:.<rg",e:::an=-t ==Lc:;en:.:a=D:..:e:...:Y:..:a"'pJ::p ,;3~0.;;8o;:2--- DATE 07-24-14
ID NO. PlIlS2S
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page II
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
c-4
c-S
c-6
c-7
c-8
c-9
e-rn
c-Il
BARCODE D0027S39
el-I
BARCODE D0027S40
cl-2
f-l
f 2
f-3
XREP hull collected at 0923 hours
Speer .223 caliber cartridge casing collected at 0924 hours
Speer .223 caliber cartridge casing collected at 0924 hours
Speer .223 caliber cartridge casing collected at 0903 hours
Speer .223 caliber cartridge casing collected at 0905 hours
Speer .223 caliber cartridge casing collected at 0924 hours
Beanbag hull collected at 0927 hours
Beanbag hull collected at 0927 hours
Two gray shirt sleeves and one black sleeve, blood soaked, cut off at
shoulder by medical personnel with defects throughout collected from
the scene at 0931 hours by Detective F. Pezzano
Black Taco Bell baseball cap with a multi-colored head rag collected
from the scene at 0933 hours by Detective F. Pezzano
Noveske N4, 5.56x45rnrn caliber semi-automatic rifle, serial number:
00578, collected from Officer D. Perez in the crime van by Detective
M. Kleinfeld at 2105 hours
JP Enterprises JPE-15, 5.56x45rnrn caliber semiautomatic rifle, serial
number: JPE00000252, collected from Officer K. Sandy in the crime
van by Detective M. Kleinfeld at 2124 hours
Taser XI2 LLS, 12 gauge shotgun, serial number: XI201119,
collected from Officer R. Ingram in the crime van by Detective M.
Kleinfeld at 2348 hours
This form is for additional narrative information only. Any additional persons, property, change of status. etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-=....::..:::..:..::.;",,:...:..;,=====---------7.
m
"N"'O':-. ---
REVIEWING OFFICER: .....::S::::er~g;,:,e~an~t~=Len~a=-=De~Yc::a:r:p..t::p "'3:,:;0,;:;8~2- __ DATE 07-24-14
!DNO. Pl11528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 12
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
f 4
Remington 870 Police Magnum, 12 gauge beanbag shotgun, serial
number: B708405M, collected from the scene by Detective M.
Kleinfeld at 0933 hours
BARCODE D0027541
k-I
A silver with wood handle Ozark trail pocket knife collected from the
scene at 0921 hours by detective M. Kleinfeld
BARCODE D0027542
k-2
A black folding knife, unknown brand, collected from the scene at
0920 hours by Detective M. Kleinfeld
BARCODE D0027543
k-3
A black folding knife, unknown brand, collected from the scene at
0920 hours by Detective M. Kleinfeld
BARCODE D0027544
k-Ia through k-Sb
Swabs from knives collected from the scene by Detective N. Render
on March 19,2014 at 0845 hours
k-la
Collected from the blade ofk-I
k-Ib
Collected from the handle of k-I
k-2a
Collected from the blade ofk-2
k-2b
Collected from the handle ofk-2
k-3a
Collected from the blade ofk-3
k-3b
Collected from the handle ofk-3
m-l
SD card from Contour ROAM helmet camera collected from Officer
D. Perez in the crime van by Detective M. Kleinfeld at 2107 hours
m2
Olympus digital audio recorder collected from Officer K. Sandy in the
crime van by Detective M. Kleinfeld at 2132 hours
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-==::.::..:..:~====-------~~--
!DNO.
REVIEWING OFFICER: ....:::S.::er'-lg>.::e"'an:=t.:..L=en:::a.:..D:::.::e-"Y..:a""pJ:.p i3~0~8:;=2-__ DATE 07-24-14
ID NO. PlllS28
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 13
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
m-3
SD card from Scorpion lapel camera collected from Officer K. Sandy
in the crime van by Detective M. Kleinfeld at 2134 hours
m-4
Olympus digital audio recorder collected from Officer R. Ingram in
the crime van by Detective M. Kleinfeld at 2204 hours
m-5
Taser Axon Flex camera collected from Officer S. Weimerskirch in
the crime van by Detective M. Kleinfeld at 2229 hours
m-6
Taser Axon Flex camera collected from Officer K. Ronzone in the
crime van by Detective M. Kleinfeld at 2233 hours
m-?
SD card from Contour ROAM helmet camera collected from Officer J.
MacFarlane in the crime van by Detective M. Kleinfeld at 2254 hours
m-8
Digital audio recorder collected from New Mexico State Police Officer
M. Bengston in the crime van by Detective M. Kleinfeld at 2257 hours
m-9
Taser Axon Flex camera collected from Officer J. McDaniel in the
crime van by Detective M. Kleinfeld at 2309 hours
m-IO
Taser Axon Flex camera collected from Officer P. Hernandez in the
crime van by Detective M. Kleinfeld at 2319 hours
m-ll
Taser Axon Flex camera collected from Sergeant J. Carpenter in the
crime van by Detective M. Kleinfeld at 2324 hours
m-12
Taser Axon Flex camera collected from Officer C. Wetterlund in the
crime van by Detective M. Kleinfeld at 0018 hours
m-B
Taser Axon Flex camera collected from Officer B. Knipprath in the
crime van by Detective M. Kleinfeld at 0025 hours
m-14
Taser Axon Flex camera collected from Officer J. Rogillio in the crime
van by Detective M. Kleinfeld at 0053 hours
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
DATE 07-02-14
DATE 07-24-14
Pll1528
(REVISED 6/83)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 14
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
m-lS
BARCODE D0027S4S
Taser Axon Flex camera collected from Officer M. Monette in the
crime van by Detective M. Kleinfeld at 0104 hours
m-l7 and m-l8
Flash bang components collected from the scene at 0918 hours
m-l7 Flashbang spoon, serial number: 1153354, collected by Detective F.
Pezzano
m-l8 Flashbang, serial number: 1153354, collected by Detective M.
Kleinfeld
BARCODE D0027S46
m-l9
BARCODE D0027547
m-20
BARCODE D0040060
m-21
BARCODE D004006l
m-2la
BARCODE D0040062
m-2lb
BARCODE D0040063
m-2lc
BARCODE D0040064
m-2ld
Beanbag wading collected from the scene at 0922 hours by Detective
M. Kleinfeld
An empty pepper spray can with black holster collected from the scene
at 0921 hours by Detective M. Kleinfeld
Black nylon utility bag, unknown brand, containing miscellaneous
items and a perforating defect near the top collected from the north end
of the scene by Detective N. Render at 1000 hours
Miscellaneous shoes collected from the north end of the scene by
Detective N. Render at 1000 hours
Miscellaneous bags/backpacks collected from the north end of the
scene by Detective N. Render at 1000 hours
Miscellaneous blankets collected from the north end of the scene by
Detective N. Render at 1000 hours
Miscellaneous clothing (I of 4) collected from the north end of the
scene by Detective N. Render at 1000 hours
* This fonn is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-::::.~=c.:..o:-'--'-'==:'===-----------~ID;'i;NirO;'-. ---
REVIEWING OFFICER: _::::S.:::er",g",e:::an::::t:..:L::.e.:::n",a:..:D=e-=..= ya<:.pp"-- ....,;,3~0:ir'82.-----_ DATE 07-24-14
ID NO. PllIS28
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 15
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 8 I 2 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
BARCODE D0040065
BARCODE D0040066
BARCODE D0040067
BARCODE D0040068
BARCODE D0040069
BARCODE D0040070
BARCODE D0040071
BARCODE D0040072
BARCODE D0040073
BARCODE D0040074
m-21e
Miscellaneous clothing (2 of 4) collected from the north end of the
scene by Detective N. Render at 1000 hours
m-2lf
Miscellaneous clothing (3 of 4) collected from the north end of the .
scene by Detective N. Render at 1000 hours
m-21g
Miscellaneous clothing (4 of 4) collected from the north end of the
scene by Detective N. Render at 1000 hours
m-21h
U.S. Currency
$1 x 2 = $2
$0.25 x 26 = $6.50
$0.10 x 3 = $0.30
$0.05 x 5 = $0.25
$0.01 x 26 = $0.26
TOTAL = $9.31
m-2li Miscellaneous items (I of 2) collected from the north end of the scene
by Detective N. Render at 1000 hours
m-21j Miscellaneous items (2 of 2) collected from the north end of the scene
by Detective N. Render at 1000 hours
m-21k Miscellaneous knives collected from the north end of the scene by
Detective N. Render at 1000 hours
m-211 Four cell phones collected from the north end of the scene by
Detective N. Render at 1000 hours
m-21m Miscellaneous documents collected from the north end of the scene by
Detective N. Render at 1000 hours
m-21n Handwritten note collected from the north end of the scene by
Detective N. Render at 1000 hours
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ep-
propriate ACOPS supplement form to update the computer file.
INVESTIGATINGOFFICER: Detective Nathan Render 5333 DATE 07-02-14
....::::.=='-.:.:::...=..:.====:::::...--------irIDi'iNj'jOf"-. ---
REVIEWING OFFICER: --,=Sc:;e:..<rg",e:::an:=:,.t ;:::L::;:en"'a::..:::D:-:e:.;:Y;.:a""p:.<:p ir3;-';0:;';8
f
2 DATE 07-24-14
ID NO. P1115Z&
(REVISED 6183)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 16
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
BARCODE D0027548
p-l through p-4
Projectiles collected from the scene by Detective M. Kleinfeld
p-I XREP collected at 0925 hours
p-2 Beanbag, blood soaked, collected at 0925 hours
p-3 Beanbag collected at 0925 hours
p-4 Beanbag collected at 0927 hours
Items collected from the scene on March 20, 2014, at 1858 hours
by Detective W. Harris:
BARCODE D0043678
m-200
A blue Lovelace bag, three books, a black jacket, Northern Lights, size
ladies 10, green button up shirt, Claiborne, size XL, black button up
shirt, Devon and Jones size s, and blue hooded sweatshirt, Hanes, size
Large, blue sweatshirt, Basix, size L (an empty gallon of drinking
water, a baby moisturizing wipe, packaging for a fleece blanket
disposed of at the Crime Lab)
Items collected from the Office of the Medical Investigator on
March 24, 2014, at 1001 hours by Detective N. Render:
BARCODE D0027549
c1-400
Clothing items collected from the hospital by FET J. Miller and
transferred to OMI on March 17, 2014:
A white t-shirt, Adias brand, size L, cut off by medical personnel
on front, blood soaked throughout, defects on the left chest area,
both sleeves, mid-lower back
A gray long sleeved Henley t-shirt, Puritan brand, size medium,
missing right sleeve, cut down front by medical personnel, defects
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement fonn to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
-===::..:...:======:.......--------iID~N~O~.---
REVIEWING OFFICER: _.::;,S.::;,er:..<g>..:e:.::an=.:..t :::L=en:::a::..:::Dc.::ec.::Yc.::a:cP"'p ,;3'>i0~8,;_:2--- DATE 07-24-14
ID NO. PI1lS28
(REVISED 6IS3)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
Page 17
VICTIM State of New Mexico
on front center chest, left sleeve and small defect on the lower
middle back, bloodstained on front and lower back
A black v-neck t-shirt, Sevile Row brand, size L, cut down front by
medical personnel, missing right sleeve, defect across the center
chest area and left sleeve and a small defect on the lower middle
back, bloodstained
A gray and red long sleeved t-shirt, Red Cap brand, size LIRG, cut
off by medical personnel, missing right sleeve, defects on the right
front pocket with bullet fragment, left upper sleeve, left upper
chest area, three small defects on lower middle back and the back
of the left sleeve, blood soaked throughout
A gray hooded sweatshirt, Gap brand, size x-large, cut off medical
personnel, blood soaked throughout, three defects on the upper
right arm, multiple defects on center chest, one defect on left
sleeve, two defects on back of right upper sleeve, one mid lower
back, two on the lower right sleeve, and one on the back of the
upper left arm
A pair of black slacks, Island Passport brand, size 3X!30,
bloodstained throughout, defect on the middle back right leg,
middle waist
A pair of black and gray athletic pants, Russell brand, size large,
bloodstained on front of lower legs, back of lower right leg, and
upper left leg
A pair of blue and gray athletic shoes, New Balance brand, size 10,
bloodstained throughout left shoe
A pair of silver athletic shorts, Nike brand, size L
A pair of gray athletic shorts, Nike brand, size L, bloodstained on
back
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: _=De~te::::c~ti:.:v~e~N.::a:::::th~an~~R~e~n~de~r'-- ---;,5~3;;,33;:-- __ DATE 07-02-14
!DNO.
REVIEWING OFFICER: --:=S~er:;Jg;,:,e~an~t::.-L=en~a~D~e~Yc::a~p~p .,:;3,,0C;;8;:.2 _
!DNO.
DATE 07-24-14
PIllS28
(REVISED 6/83)
ALHVQVERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 18 VICTIM State of New Mexico
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
A gray and orange ankle sock, a pair of yellow wool socks, and a
pair of black socks
A black do-rag
A black knit hat, unknown brand, one size fits all, bloodstained on
top
A black belt, Bulldog brand, size 36, bloodstained throughout
BARCODE D0027550
c1-400a A copper jacket bullet fragment collected from the gray and red long
sleeved t-shirt
BARCODE D0027551
m-400 Body Evidence, including:
One bag labeled as containing left hand bag
One bag labeled as containing right hand bag
One envelope labeled as containing FTA blood card
BARCODE D0027552
m-401
XREP from a Taser shotgun
BARCODE D0027553
m-402
A black wristwatch and a white metal bracelet
BARCODE D0027554
m-403
US Currency in the amount of$0.09 (9 pennies)
BARCODE D0027555
m-404
A Samsung cell phone with !MEl number 359080/05/029006/2 serial
number R2ID92JYENZ
A Samsung cell phone with model number S3900, !MEl number
356223/05/043077/4 and serial number R2ID58XTROF
BARCODE D0027556
m-405
An Access Freedom MasterCard with no name, a TouchPay Access
Card with no name, an EBT New Mexico Fiesta Card in the name of
II< This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
INVESTIGATING OFFICER: Detective Nathan Render 5333 DATE 07-02-14
...:::..::..:.::..::.::'-=..:..:.:==-===---------I"'D""N"'Oi'-. ---
REVIEWING OFFICER: -=S..;;.er=..g<..:ec::an""t.:...L=en:;::a.:...D:.:.....:e..::Y..::a:<;p-"'p .;;;3,,0,,8"'2___ DATE 07-24-14
ID NO. Pll1S28
(REVISED 6IS3)
ALBUQUERQUE POLICE DEPARTMENT
SUPPLEMENTARY
OFFENSE REPORT*
Page 19
OFFENSE Officer Involved Shooting CASE NO.
OFFENSE LOCATION 812 Piedra Vista NE
14-0023683
VICTIM State of New Mexico
James Boyd, and miscellaneous business cards, papers, and personal
items (a lighter, two batteries, lip balm, hand sanitizer and toothpaste
disposed of at Crime Lab)
BARCODE D0027557
p-400
One envelope labeled as containing a missile at 62.8 GN from the left
deltoid
This form is for additional narrative information only. Any additional persons, property, change of status, etc., must be submitted upon the ap-
propriate ACOPS supplement form to update the computer file.
REPORT OF ANALYSIS
fit
Mt:TROJ'OLITAN FORt:NSIC
SCmNCE CENU,R
.5350 ZIM!St. NW
ALBUQ1!ERQl'E, NM 87107
OFFENSE
Agg, Assault on a P.O. CASE
_________ NO.
14-0023683
OFFENSE LOCATION 812 Piedra Vista Rd. NE
VICTIM Officer K. Sandy
FIREARM AND TOOL MARK SECTION
REPORT AND CONCLUSIONS
Received from Detective N. Render:
f-I: a Noveske, Model N4, 5.56x45mm caliber, semi-automatic rifle, serial number: 00578 collected from
"Officer D. Perez"
Attached to item I-I are the following items:
o an Advanced Armament Corp., M4-200, 5.56x45mm caliber suppressor. serial number: M09476
o a Surefire, X300 Weapon Light, serial number: A52514
o an AimPoint, Micro T-I tactical sight, serial number: W2857904
o an AimPoint brand magnifier, serial number: 13002143
o a Troy Industries brand fore-grip
o Troy Industries brand, flip-up front and rear sights
o a VL TOR brand, adjustable butt stock "
o a MagPu! brand grip
o a tan nylon sling
In a stapled plastic bag:
f-Ia: an unfired, Speer, 223 Remington caliber cartridge loaded with a Gold Dot soft point bullet collected
from "chamber"
In a stapled plastic bag:
f-Ib: a MagPul, PMAG, 5.56x45mm caliber plastic box magazine and (24) unfired, Speer, 223 Remington
caliber cartridges loaded with Gold Dot, soft point bullets, no collection location listed
f-2: a JP Enterprises, Model JPE-15, 5.56x45rrun caliber, semi-automatic rifle, serial number: JPE00000252
collected from "Officer K. Sandy"
Attached to f 2 are the following items:
o a Surefire, X300 Weapon Light, serial number: A67000
o MBUS brand, flip-up front and rear sights
o a Leupold, Mark 4 CQ/T 1-3x14mrn scope, serial number: 012746
o a MagPu! brand, adjustable butt stock
f-2a: an unfired, Speer, 223 Remington caliber cartridge loaded with a Gold Dot soft point bullet collected
from "chamber"
f-2b: an unknown brand, metal box magazine and (19) Speer, 223 Remington caliber cartridges loaded with
Gold Dot, soft point bullets, no collection location listed
FORENS1C SC1ENTIST: Jay M. Stuart 3946 DATE 3/19/2014
~""-'===------------------iroi;';dNo~.-
REPORT OF ANALYSTS
_
METROPOLITAN FORENSIC
SCIENCE CENTER
5350 l"~SL NW
ALBJ!QlfERQUF, NM 81107
OFFENSE
Agg. Assault on a P.O.
CASE
NO.
14-0023683
Page 2
OFFENSE LOCATION 812 Piedra Vista Rd. NE
VICTIM Officer K. Sandy
Examination Requested:
Fireann Examination/Test Fire Collection
Requested by:
Detective N. Render, Major Crimes Unit
Results:
The Noveske rifle, f-L, was examined, test fired and found to function normally and safely as designed.
Test fired bullets and cartridge casings were collected should comparisons be requested at a later date.
The JP Enterprises rifle, f-2, was examined, test fired and found to function normally and safely as
designed. Test fired bullets and cartridge casings were collected should comparisons be requested at a later
date.
Disposition of Evidence:
Items f-l and f-2 and any accompanying magazines were returned to Detective N. Render.
A barrel patch, test fires, and the unfired ammunition from items f-land C-2 were tagged as evidence.
FORENSIC SCIENTIST: Jay M. Stuart
3946 DATE
10 NO.
3/19/2014
14-23683
APD & FBI
CHAIN OF CUSTODY FORMS
REQUEST FOR SERVICE
CASE# J40tJ2't>hS3
OFFENSE: tJf{!cer lI1Vol~l"d <sftarbt;
OFFENSE LOCATION: 81:; ~rtO;;f:sk;, ;V
VICTIM: s'kJr. of LUt(
ALBUQUERQUE POLICE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION

FORM MUST BE FILLED OUT COMPLETELY

. REQUESTOR &et'l1eq T 5~GENCY:-4f ... {),-- DATE OF REQUEST: JjZo/itI
AREA: PHONE: RESULTS REQUESTED BY: _
SUSPECT: DATE OF ARREST: DOB: APD # _
SUSPECT: DATE OF ARREST: DOB: APD # _
SUSPECT: DATE OF ARREST: DOB: APD# _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0 FIREARMSITOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONIDEO FORENSICS 0
SEROLOGY/DNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
DESCRIPTION OF EVIDENCE
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OFFENSELOCATION. 8("}..;J;n; ~ 'J:
VICTIM: 5-kte ef Nth) XI 0
REQUEST FOR SERVICE
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REQUESTOR: AGENCY:, DATEOF REQUEST: _
AREA: PHONE: RESULTSREQUESTEDBY: _
SUSPECT: DATEOFARREST: DOB: APD# _
SUSPECT: DATEOF ARREST: DOB: APD# _
SUSPECT: DATEOF ARREST: DOB: APD# _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATEOF OFFENSE: - _
PROCESSEVIDENCEFOR: LATENTS 0
DRUGS 0
FJREARMSffOOLMARKS 0
FINGERPRINTCOMPARISON 0
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DESCRIBEEXAMINATIONREQUESTED/COMMENTS: _
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2014 FELONY CASE ASSESSMENT LOG
ALBUQUERQUE POLICE DEPARTMENT
VIOLENT CRIMESIHOMICIDE UNIT
(pLEASE TYPE OR PRINT ALL INFORMATION)
OFFENDER(S)
APPCASE#
APDOIS
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
140023683
DELIVERED BY TO:
TYPE OF POCUMENTS
14-23683
CASE AGENT
Original Police Report
A. Zwicky Supp report
J. Hill Supp report
J. Gonterman Supp report
A. Ortiz Supp report
M. Manary Supp report
H. Anderson Supp report
M. Caplan Supp report
A. Wild Supp report
T. Babcock Supp report
C. Romero Supp report
Officer Skethcs (18 sketches)
Canvass Forms (4 forms)
J. Stuart Firearms report
Police report (100049958)
Police report (140015319)
J. Miller F1 Report
Permission to search form
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
G.STONE
DELIVERED BY:E",G,,-. -S't4'il"'-'N",E,--,~ __ TO:
RECEIVED BY: _'1
DELIVERED BY J.- TO:
RECEIVED BY: ~ 01L/7:lk,
SGT Lopez email (copy)
Kristine Thickstun email (copy)
Photos (K. Hare,M.Espenosa 808
Piedra Vista)
DATEtrlME: 2-'2r-11 !{(['
DATEtrIME: 3/zUi /70'00
I "
RECEIVEDBY: ~
DELIVERED BY TO:
DATEtrIME: _
ALBUQUERQUE POLICE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION

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REQUEST FOR SERVICE
14-23683
CASE # Il..(W 23 0 '33
OFFENSE: fl-Ok",. f,wRllld t5),q;Ai VI. 'j
OFFENSE LOCATION: 5(/1.. {Ji!0'A {/:'"i-;
VICTIM: -...5..1'" if d' A/tl:J Hf'xic(l
FORM MUST BE FILLED OUT COMPLETELY
REQUESTOR: AGENCY: DATE OF REQUEST: _
AREA: PHONE: RESULTS REQUESTED BY: _
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOS: APD # _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0
FIREARMSfTOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONIDEO FORENSICS 0
SEROLOGYIDNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
DESCRIPTION OF EVIDENCE
CHAIN OF CUSTODY
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14-23683
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Seized
File #
On (date) *// y
item(s) listed below were:
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ALBUQUERQUEPOLICEDEPARTMENT
CRIMELAB
(505)823-4200

REQUEST FOR FORENSIC SERVICE

CASE# 14-0023683
OFFENSE: Aggravated Assault on a Police Officer
VICTIM:State of NM
OFFENSElOCATION812 P;ed ra Vista NE
..;.;.;;,;'-'='-=:;.;.;:;...----------
FORMMUSTBE FILLEDOUTCOMPLETELY
REQUESTOR: AGENCY: DATEOF REQUEST:
AREACOMMANDORUNIT: PHONE: ------- REQUESTOR'SEMAIL-------
DATEOFOFFENSE: RESULTSNEEDEDBY: CASEAGENT:
EXAMSREQUESTEOLA TENTS D FINGERPRINTCOMPARISGN DB/OlOGY/DNA OFIREARMSfTOOLMARKS
DDRUGS/CONTROllED SUBSTANCES DOTHER:
SUSPECT:
DATEOFARREST:
DOB:
APD#:
SUSPECT:
DATEOFARREST:
DOB:
APD#:
SUSPECT:
DATEOFARREST:
DOB:
APD#:
FORDNAREQUESTSONLY:
DETECTIVE
AREACOMMANDORUNIT
PHONE:
ADDITIONALCOMMENTS: _
ITEM
DESCRIPTION OF EVIDENCE
1
One Western Digital brand portable hard drive model WDBZFP0010BBK-NESN
-----------
Serial Number: WXN1E53YT757 containing:
------------
Axon Flex video footaoe for 14-0023683
--------------
Digital audio recordings from K. Sandy, R. Ingram, and M. Bengston
-------------
Video recorded/Photos taken by A. Thickstun
-------------- Video recorded by D. Perez, J. MacFarlane
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14-23683
Albuquerque Police Department
Metropolitan Forensic Science Center
Forensic Photography Request Form
Photo Lab Main 823-4275
Photo Lab Fax 823-4279
Date
Court Date. _
APD Case Number _'--/tJ-...L--_{)_O_-=dS::....o(o=-><2'-"3""-- _
Victim/Offender Name 3.tafe of- Nn1 Date of Incident 3III.) II '-f
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(Please Check one of the Following)
Speed Letter
Other _
This request is for (1) each 4X6 print of the entire case. If a special print size Or
print request is needed please specify in the Special Request/Remarks section.
Copy of CD*
*Read Only
Special.Requests/Remarks Pla~~ 0 f~~\l?it!:e1. fi%O~ 2
!1Jr'101:;'1; 1Jt~cfi'-case., 12__~gS 'L_2 ~_
Copy of Prints
___ PHOTOLAB PERSONNELONLY _
Deposit Received ------:::-c Receipt # -::,--
Date Due Date Completed By _
CONFIDENTIALITY NOTICE: This request with its contents contains confidential and/or legally privileged
information. It is solely for the use of the intended recipients(s). Unauthorized interception, review, use or
disclosure is prohibited and my violate applicable laws including the Privacy Act. If you are not the
intended recipient, please contact sender and return all contents to the Albuquerque Police Department,
Metropolitan Science Center, Forensic Photography Unit immediately.
Please Initial Agreement of Confidentiality Notice _
Albuquerque Police Department
Forensic Photography Unit
Rev. 07/23/09
- -- --,
Page
/ Of_",-/_.
UNITED STATES DEPARTMENT OF JUSTICE 1 4 - 2 3 6 8 3
FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Seized
File #
On (date) - __ .LA,---,-'A""-"~,",c...r.{-I,,,--",,,d,,"'3.Q.7' ~d=-",OCL/'--7"~ _
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Description of Item(s): ----'-1---~'-j~--~'-4""!'+'''''''~9------ _
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REQUEST FOR SERVICE
14-23683
ALBUQUERQUE POLICE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION

FORM MUST BE FILLED OUT COMPLETELY

REQUESTOR: AGENCY.: DATE OF REQUEST: _
AREA: PHONE: RESULTS REQUESTED BY: _
SUSPECT: DATE OF ARREST: DOB: APD # _
SUSPECT: DATE OF ARREST: DOB: APD # _
SUSPECT: DATE OF ARREST: DOB: APD # _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0 FIREARMSfTOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONJDEO FORENSICS 0
SEROLOGY/DNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
DESCRIPTION OF EVIDENCE
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14-23683
ALBUQUERQUE POLICE DEPARTMENT
CRIME LAB
(505)823-4200
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REQUEST FOR FORENSIC SERVICE
CASE # 14 0023683
OFFENSE: Aggravated Assault on a Police Officer
OFFENSE LOCATION 812 Piedra vista NE
.:.;.;:.;..:.:.=.:'-'='-""-----------
VICTIM: Slate of NM
FORM MUST BE FILLED OUT COMPLETELY
REQUESTOR: AGENCY: DATE OF REQUEST: 4/3/14
AREA COMMAND OR UNIT: PHONE: -------- REQUESTOR'S EMAIL--'-------
DATE OF OFFENSE: RESULTS NEEDED BY: CASE AGENT:
EXAMS REQUESTEOLA TENTS 0FINGERPRINT COMPARISON
DDRUGS/CONTROLLED SUBSTANCES DOTHER:
DBIOLOGY/DNA DFIREARMSfTOOLMARKS
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DATE OF ARREST:
DOB:
APD#:
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DATE OF ARREST:
DOB:
,APD#:
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DATE OF ARREST:
'DOB:
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FOR DNA REQUESTS ONLY:
DETECTIVE
AREA COMMAND OR UNIT
PHONE:
ADDITIONAL COMMENTS: _
DESCRIPTION OF EVIDENCE
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ALBUQUERQUE POLICE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION

.. _-
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REQUEST FOR SERVICE
CASE #: Noo~"Ms 3
OFFENSE: 12fiir:rr i'hvo{veJ ~hQ2'f"
OFFENSE LOCATION: m 8'<da /'lsi.. 1/
VICTIM: $-&11- ,,/, .v't'tV !6-;(;(0
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AREA: PHONE: RESULTS REQUESTED BY: _
SUSPECT: DATE OF ARREST: DOB: APD #
------
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOB: APD # _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0
FIREARMsrrOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONIDEO FORENSICS 0
SEROLOGYIDNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
DESCRIPTION OF EVIDENCE
CHAIN OF CUSTODY
Transferred From
Item
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PD-4201 Revised JO/)]
Transferred To
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Time Agency
14-23683
2014 FELONY CASE ASSESSMENT LOG
ALBUQUERQUE POLICE DEPARTMENT
VIOLENT CRIMESIHOMICIDE UNIT
(pLEASE TYPE OR PRINT ALL INFORMATION)
OFFENIlEB(S)
APPCASE#
TyPE QF DOCUMENTS
CASE AGENT
Officer Involved
140023683
H. Cage StatePD Full Supp report
G.STONE
Shooting
140023683
H. Cage State PD original report
G.STONE
140023683
J. Vaughn State PD Full Supp report
G.STONE
140023683
Property receipts
G.STONE
140023683
.F. Garcia Supp report
G.STONE
140023683
N. Sanders Snpp report
G.STONE
DELIVERED BY G. STONE TO:
RECEIVED BY=1!J:.~v;t~MI,
DELIVERED BY TO:
DATErrIME: "'04"'-/0"'4"'12""0"'14"--_
RECEIVED BY: --'
DATErrIME: _
DELIVERED BY TO:
RECEIVED BY: ---'
DATErrIME: _
DELIVERED BY TO:
Page ---'of _
UNITED STATES DEPARTMENT OF JUSTICE 1 4 - 2 3 6 8 3
FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Seized
File #
On (date) ~4Ajh0/<-(
item(s) listed below were:
]g: Received From
tJ Returned To
o Released To
o Seized
&11<:JI)r?/i/r/WN7 (API?)
(Name) 2::0-1 G. S7Q,v[ - &,>V(yv(,'Z(]uc
(Street Address) _
(CitY) _
8
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Description of Item(s): L--f-.L-.'-'--....I..<c=~-~u:...!L-__I.4.L_...r:.:::..i..!o.( __ ~!..!,Va:.L' :.---I.=~!-. _
........
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Received From;c:=~~~;z~~t:::::;:_;t.1f~'[)~_
(Signature)
Received BY;~_ (;:pi d 8<,
,7'-- /' '(Signature)
ALBUQUERQUE POLICE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION

REQUEST FOR SERVICE

CASE#: fi{()OZ3tp83
OFFENSE: 1if,'1('( ,'n V~I" ~J6 t.rfr'l1J
OFFENSE LOCATION: '8j;~-t"J'- lh;" k
VICTIM: skfe d'N", ~/Cf)
FORM MUST BE FILLED OUT COMPLETELY
REQUESTOR: (} -;1011. t' AGENCY.: A-PD DATE OF REQUEST: aw>ta:;/7"
AREA: PHONE: RESULTS REQUESTED BY: __ 7 _
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOB: APD # _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0
FIREARMsrrOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONIDEO FORENSICS 0
SEROLOGYIDNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
J
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Item
DESCRIPTION OF EVIDENCE
CHAIN OF CUSTODY
Transferred From
Transferred To Item
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Agency
Print
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Agency
Date
Time
1
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.11
At;()
115.05",(U~A./
J?S:. OA/L
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PD-4201 Revised IOIII
ALBUQUERQUE POLiCE DEPARTMENT
SCIENTIFIC EVIDENCE DIVISION
CASE # t4WZ3io83
OFFENSE efHcec ihVOIVl"d $hu:b?5
OFFENSE LOCATION: BiZ. ~'a 1t,'rtQ ;(.II:
VICTIM: S+q.fe e;f' Ntu),CQ
REQUEST FOR SERVICE
FORM MUST BE FILLED OUT COMPLETELY
REQUESTOR: AGENCY.: DATE OF REQUEST: _
AREA: PHONE: RESULTS REQUESTED BY: _
SUSPECT: DATE OF ARREST: DOB: APD # _
SUSPECT: DATE OF ARREST: DOB: APD# _
SUSPECT: DATE OF ARREST: DOB: APD # _
FOR DNA REQUESTS ONLY: DETECTIVE: AREA: _
PHONE: DATE OF OFFENSE: _
PROCESS EVIDENCE FOR: LATENTS 0
DRUGS 0 FIREARMSfTOOL MARKS 0
FINGERPRINT COMPARISON 0
AUDIONIDEO FORENSICS 0
SEROLOGYIDNA 0
DESCRIBE EXAMINATION REQUESTED/COMMENTS: _
DESCRIPTION OF EVIDENCE
Transferred From
Transferred To Item
Print
Sign
Agency
Print
Sign
Agency
Date
Time
CHAIN OF CUSTODY
PD-4201 Revised 1011 J
ALBUQUERQUE POLlCE DEPARTMENT
CRIME LAB

REQUEST FOR FORENSIC SERVICE

CASE #: -/J:1f1J=-2-><3"",(#,,-,)~:;-- _
OFFENSE: t915
OFFENSE LOCATION: ifrz- ffii)n:_ f/I:s-t~AI-
VICTIM: _
II
FORM MUST BE FILLED OU?OMPLETEL Y
REQUESTOR's NAME: Li. S+o(\:e AGENCY: ND DATE OF REQUEST: :=tIDlilt
I (
AREA COMMAND or UNIT: PHONE: REQUESTOR's EMAIL: _
DATE OF OFFENSE: DATE RESULTS REQUESTED BY: CASE AGENT: _
EXAMS REQUESTED: 0 LATENTS 0 FINGERPRINT COMPARISON 0 BIOLOGY I DNA 0 FIREARMS I TOOL MARKS
o DRUGS ICONTROLLED SUBSTANCES 0 Other -,-- _
fAddjii;;;,.'R;q;;ir~dini~r;;,aii;;;,i;;;-L.i;;,Ta;,dDiiAR;q~;;;ts;--.----.. ..------.-------_ _._. _ __,
ISUSPECT: DATE OF ARREST: OOB: APO #
------
!SUSPECT: DATE OF ARREST: DOB: APO# _
ISUSPECT: DATE OF ARREST: DOB: APO # !
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lAdditional Required Information for DNA Requests: I
iDETECTIVE: AREA COMMAND or UNIT: PHONE:!
L _.. ._ _....... .-.--- ..-- - ......, --- -- ~_.._ - _ _ __ __ . __ _ _ _. ~._.~----~ , _ ~H _ ~._._l
ADDITIONAL COMMENTS: UZ7IJ Sftc or: Gf""lec..l..<..Y_F'-'-V"-'-C.:...:Jt':...;V'....:(."-;o _
Item
DESCRIPTION OF EVIDENCE
)
I
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w-i 3 ~. le-;
fa her fU; fa.9 P t)ft-
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,
CHAIN OF CUSTODY FOR IN PERSON TRANSFERS
Transferred From
Transferred To Item
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Agency
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Date
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PD-4201 Revised ln12014
14-23683
PERMISSION TO SEARCH FORMS
ALBUQUERQUE POLICE DEPARTMENT
400RomaNW
Alllmquerquc, New Mexico 87102
I Ill-(.)(q",~ 14,' c:f:~-I-iAAl wish to acknowledge that I have given permission to
Ditttetive/Officer 4. 06 Tn ,whom I know to be an agent of the
Albuquerque Police Department, (andadditional personnel If technicajjy needed), to
search the below listed computer related equipment/electronic devicers). I lll:1l:ierstaml
that the computer and/or electronic devicets) and related equipment:
CASE NUMBER: --ljQD23(o~;,
DATE: '3J/~ht
~(
1. Type of Device (including make, model, size, and additional description _ if available)
2. Type of Device (including make, model, size, and additional description _ if available)
3. Type of Device (including make, model, size, and additional description _ if available)
- use additional sheens) if necessary
will be searched and the resulting evidence will be used to further the investigation of a
crimets). I give permission for this search without threats, or promises of reward, having
been advised that anything taken in such a search may be used as evidence against me, or
any agent acting in their behalf. I also give my permission for the officer of other agent
working on behalf of the Albuquerque Police Department, to confiscate any and all
articles of a questionable nature, and any, and all types of contraband. I further give
permission to all aforementioned persons to bring up on computer monitor screen, read,
make digital or printed copies, and make duplicate disc(s) of, the computer discs,
software, electronic equipment and/or "hard drive(s)" described above.
I am the owner, or agent of the aforementioned property, and have the authority to grant
permission.
Date::J)~ Jr
f ,
Revised: 412112010 1:39:00 PM
Fo.26 (1\ev , 7-20.94)
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGA nON
CONSENT TO SEARCH
1. I have been asked by Special Ag~ of the Federal Bu~au of Investigation to pennit a complete
search of:
(Oeseribe the pers (t). P.'lC.(.~ orthin,(.) I. be .elrebod,)
2. I have been advised of my right to refuse consent.
3. I give this pennission voJunlarily.
4. I authorize these agents to take llI)Yitems which they detennine may be ~Iated to their investigation.
Witness
i Date
TOTAL P.02
..... " ......'-v ...... l;"I;;;p .::~
r '" HLl:IUQUERQUE NM
FD-448
Re\'ised
10-27-2001
FEDERAL BUREAU OF INVESTIGATION
FACSIMILE COVER SHEET
14-23683
(i Immediate
PRECEDENCE
r Priority
r 1I0.tine
r Top Secret r Secret
CLASSIFICATION
r Conndentlal
r Sensitive
(i' UndasslfteeJ
Nilme of Office:
APD
TO
Attn:
Commander Anthony Montoya
Originator's Name~
SA arlan P. O'SlIllivan
Name of Office:
FBI Albuque ue Div'e1on
FAOM
Orlglnotor's Telephone N.mber:
:lell7
Number of Pages:: (Including rover)
2
ApprOVed:
Subject:
FD-2& - C;oneent to Search Form
DETAILS
Sped.' ~.ndl/ng Instructions:
Brief Descnptlon of CommunICation Faxed:
WARNING
Information attllChed to the cover sheet I. U.S, Government Property. II you are not the Intended redpJent 0' thlslnform.tlon dl.closure,
reproduction, distribution, or use of this Inform'tion is prohIbIted (IS.USC, 641). Please notify the orIgInator or 'Deal Fe] Office
Immedlltely to arrange for proper dJspoSltJon.
FD-448 (ReViSed 10-27-2004)
Page 1 or 1
FEDEfV.L BUREAU OF lNVESTIGATION
14-23683
HP LaserJet CM1415fnw
Fax Confirmation
HP Fax
Mar-31-2014 10:30
Job Date Time Type
4219 3/31/2014 10:30:10 Send
Identification
Duration
0:34
Pages
2
Result
98891765
OK

...........,.
No,.,
City of Albuquerque
AlbUqDtrqll1l! PoUce DepartlDebt
Ollke of the Poliee Chief
Fax Cover Sheet
PhDDe: 505-768-2200 Fax: 505-768-2331
S11l:tjeecj e &rm
e
=- bY t C
J',qN"ber~,","n ... 'e..5,-- _
, 4 2 36 8 3
City of Albuquerque
Albuquerque Police Department
Richard J. Berry
Mayor
Gorden E. Eden, Jr.
Chief of Police
Office of the Police Chief
Fax Cover Sheet
Phone: 505-768-2200 Fax: 505-768-2331
To: SA. bR1A1\) tJ SUI t '\IlC!l.d
From: AN' L ~ "4e.,..,..,srv,)
SubjectJ !?W-S-5t>tr" ~.lll(l ...IIo.' ~I>l,-.-- _
FaxNumber:
Note:
FD-26 (Rev. 7-20-94)
14-23683
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
CONSENT TO SEARCH
1. r have been asked by Special Agents of the Federal Bureau ofInvestigation to permit a complete
search of:
(Describe the person(s), place(s), or thing(s) to be searched.)
2. I have been advised of my right to refuse consent
3. I give this permission voluntarily.
4. I authorize these agents to take any items which they determine may be related to their investigation.
Witness
r TD"e
14-2368'3
APD PROPERTY AND EVIDENCE
REPORT
c v .,. l"I, - I;,} I I ; V~
APD EVidence
5058234601 5059246010 P 1/6
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5058234601 5059246010 P 2/6
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5058234601 5059246010 P 3/6
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Albuquerque PD
Property and Evidence Report
Print Date: 3/31/2014 2:55:07PM
Case #: 14-0023683
Case Agent: STONE, GEOFFERY T
Tagging Officer: STONE, GEOFFERY T
Entered By: STONE, GEOFFERY T
Offense: AGGRA VATED ASSAULT
Date Occurred: 03116/2014
Persons Involved:
Person Type
Person Name
Person Address
Person Phone
Items Involved:
Owner
Barcode
Item #
Color
PIE Type
Brand
00028024
029
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
COIDVD
SW
Description
Notes
T. Babcock Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
00028028 033
Evidence
Serial #
Amount
Weight Article
Location Found
Model
WXNIE53XH500 0.00
Electronics
~SW
Description
Notes
My Passport Hard drive collected from RTCC
Owner
Barcode
Item #
Color
PIE Type
Brand
00028023
028
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
COIDVD
___.SW
Description
Notes
A. Ortiz Interviews Interviews
Owner
Barcode
Iiem# Color
PIE Type
Brand
00028027 032
Evidence
Serial #
Amount
Weight Article
Location Found Model
0.00
COIDVD __ ersw
Description
Notes
J. Gonterman Interviews
o 0'
~
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028022
027
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CDIDVD
~rSw
Description
Notes
C. Romero Interviews Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028026
031
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CDIDVD
verSW
Description
Notes
J. Morales Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028030
035
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
Documents
rSW
Description
Notes
Hand drawn officer sketchs
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028021
026
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CDIDVD
..8Iiiiiier SW
Description
Notes
G. Stone Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
00028025
030
Evidence
Serial #
Amouut
Weight
Article
Location Fonnd
Model
0.00
CDIDVD
--..,.rsw
Descripnon
Notes
M. Manary Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028029
034
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
Documents ____ erSW
Description
Notes
Typed documents drafted by personnel from the
RTCC
Albuquerque PD
Property and Evidence Report
Print Date: 41212014 1:23:30PM
Case #: 14-0023683
Case Agent: STONE, GEOFFERY T
Tagging Officer: STONE, GEOFFERY T
Entered By: STONE, GEOFFERY T
Offense: AGGRAVATED ASSAULT
Date Occnrred: 03/16/2014
Persons Involved:
Person Type
Person Name
Person Address
Person Pbone
,
Items Involved:
Owner
Barcode
Item #
Color
PIE Type
Brand
00028224
036
Evidence
Serial #
Amount
Weigbt
Article
Location Found
Model
0,00
CO/DVD ___ aNW
Description
Notes
J. Morales interview
Owner
Barcode
Item #
Color
PIE Type
Brand
00028225
037
Evidence
Serial #
Amount
Weigbt
Article
Location Found
Model
0.00
CD/DVD
~NW
Description
Notes
J. Gonterman interviews
Albuquerque PD
Property and Evidence Report
Case #: 14-0023683
Print Date: 4nl2014 3:21 :OOPM
Offense: AGGRA VATED ASSAULT
Case Agent: STONE, GEOFFERY T
Tagging Officer: STONE, GEOFFERY T
Entered By: STONE, GEOFFERY T
Date Occurred: 03/16/2014
Persons Involved:
Person Type
Person Name
Person Address
Person Phone
!
Items Involved'
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028659
041
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CD/DVD
Description
Notes
H. Cage interview with C. Ware
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028658
040
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CD/DVD
Description
Notes
1. Vaughn Interviews
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028662
044
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
Documents
Description
Notes
Sketch drawn by James Webster
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028656
038
Evidence
Serial #
Amount
Weight
Article
Location Fonnd
Model
0.00
CD/DVD
Description
Notes
M. Bengston belt tape recording
L"OOJ
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028662
044
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
Documents
Description
Notes
Sketch drawn by James Webster
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028656
038
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CDIDVD
Description
Notes
M. Bengston belt tape recording
Owner
Barcode
Item #
Color
PIE Type
Brand
D0028660
042
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
CDIDVD
Description
Notes
H. Cage interview recordings
Albuquerque PD
Property and Evidence Report
Case #: 14-0023683
Print Date: 71712014 2:28:18PM
Offense: AGGRA VATED ASSAULT
Case Agent: STONE, GEOFFERY T
Tagging Officer: STONE, GEOFFERY T
Entered By: STONE, GEOFFERY T
Date Occurred: 03/16/2014
Persons Involved:
Person Type
Person Name
Person Address
Person Phone
!
Items Involved'
Owner
Barcode
Item #
Color
PIE Type
Brand
00045430
071
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
COIDVD
___.SW
Description
Notes
Keith Sandy interview 04/0712014
Owner
Barcode
Item #
Color
PIE Type
Brand
00045431
072
Evidence
Serial #
Amount
Weight
Article
Location Found
Model
0.00
COIDVD
-llllllli.SW
Description
Notes
interview transcriptions
S. Weim, K. Sandy, J. Fox, R. Ingram, O. Perez, R
Ornelas
Albuquerque PD
Property and Evidence Report
Case #: 14-0023683
Print Date: 7nJ2014 3:04:39PM
Offense: AGGRAVATED ASSAULT
Case Agent: STONE, GEOFFERY T
Tagging Offleer: STONE, GEOFFERY T
Entered By: STONE, GEOFFERY T
Date Occurred: 03/16/2014
Persons Involved:
Person Type
Person Name
Person Address
I Person Phone
I
Items Involved:
Owner
Barcode
Item #
Color
PIE Type
Brand
D0045438
073
Evidence
Serial #
Amount
Weight
Article
Location Fonnd
Model
0.00
Docwnents
r
Description
Notes
sketch drawn by John Pilgrim
Name Details
Page 1 of4
Name Master Information
..
14-23683
Name(Lst ,Fst Associates Sex RaceDate of
M) 30765 M W Birth
BOYD JAMES 975
M
Aliases
..
Details Alias Name Sex Race Date of Birth Agency Reference No
till
BOYD,JAMES
M W
119~
BCSO 242908 (CriminalRecord)
~
BOYD,JAMES
M U 1975 APD 140023683 (Incident)
~
BOYD,JAMES
M U 1975 APD 140023683 (CAS Person)
(ilJ BOYD,JAMES
M W 1975 APD 242908 (CriminalRecord)
fli
BOYD,JAMES
M W 1975 APD 242908 (Criminal Record)
ria
BOYD,JAMES
M W /1975 APD 100100097 (Incident)
-
BOYD,JAMES M
1975 APD 242908 (CriminalRecord)
iii
BOYD,JAMES
M W V1975 BCSO 110647643 (Incident) .
!ill
BOYD,JAMES
M W 1975 BCSO 110647643 (CAS Person)
liiI
BOYD,JAMES
M W 1975 APD 100113530 (Incident)
liiI
ABADDON,ABBAH MOBUS
M W 1975 APD 090037141 (Incident)
iii
BOYD,JAMES
M W /1975 APD 100122501 (Incident)
~
BOYD,JAMES
M W /1975 APD 242908 (CriminalRecord)
~
BOYD,JAMES
M W /1975 BCSO 110647643 (Incident)
til
BOYD JAMES
M W 1975 BCSO 242908 fCriminal Record)
liJ
BOYD,JAMES
M W /1975 BCSO 242908 fCriminal Record)
liJ
BOYD,JAMES
M W 1975 BCSO 242908 (CriminalRecord)
iii
BOYD,JAMES A
M W 1975 BCSO 100634012 (Incident)
iii
BOYD,JAMES A
M W 1975 BCSO 242908 (CriminalRecord)
!iii
BOYD,JAMES
M W /1975 BCSO 080625244 (Incident)
iii
BOYD,JAMES
M W 1975 APD 100122501 (CAS Person)
!iii
BOYD,JAMES M
M
W~1975 BCSO 242908 (Criminal Record)
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Alias 10's
...
Details ID No
ID Type AKA Lic St Agency
Reference No
iJ
395000242908 AFIS-ID
APD 242908 (CriminalRecord)
iii
543943350
Social Security Number
APD 090037141 (Incident!
iii
242908
APD ID Number
APD 090037141 (Incident)
liII
411626
cns-ID Number
APD 242908 (CriminalRecord)
iii
242908
APD ID Number
APD 242908 (CriminalRecord)
liI
394000242908 AFIS-ID
BCSO 242908 (CriminalRecord)
iii
242908
APD ID Number
BCSO 242908 (CriminalRecord)
!iii
394000242908 AFIS-ID
BCSO 100634012 (Incident)
iii
242908
APD ID Number
BCSO 100634012 (Incident)
Scars, Marks, and Tattoos
...
Details Mark Type Mark Code Description Agency
Reference No
til
SCL WRIST
1/2 INCH APD 242908 (Criminal Record)
Phone Record
...
Details Phone No
Phone Type Agency
Reference No
fiI Home APD 100113530 (Incident)
iii Home APD 100115494 (Incident)
liI 9290 Home APD 100115494 (CAS Person)
Address Recor"=d~==----"---"-'---_-L._---'------"----,-------
...
Details Address
Address
City
State Agency
Reference No
Type
Iii
218 IRON AV sw
ALBUQUERQUE NM APD
140023683 (Incident)
liII
218 IRON AV SW
ALBUQUERQUE NM APD
140023683 (CAS
Person)
iii
100 DEPUTY DEAN MIERA DR
UNINCORP
NM BCSO
120621182 (Incident)
SW
fiI 100 DEPUTY DEAN MIERA DR
UNINCORP
NM BCSO
120621182 (CAS
SW
Person)
/iii
218 IRON AV sw
ALBUQUERQUE NM BCSO
110647643 (Incident)
liII
218 IRON AV SW
ALBUQUERQUE
NM BCSO
110647643 (Incident)
iii
218 IRON AV sw
ALBUQUERQUE
NM BCSO
110647643 (CAS
Person)
iii
218 IRON AV SW
ALBUQUERQUE NM BCSO
110616084 (Incident)
liI
218 IRON AV sw
ALBUQUERQUE NM BCSO
110616084 (CAS
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14-23683
Person)
til
218 IRON AV sw
ALBUQUERQUE NM BCSO
110614577 (Incident)
til
218 IRON AV SW
ALBUQUERQUE NM BCSO
110614577 (CAS
Person)
fi:I
17 GLORIETIA AVENUE
CLOUDCROFT
NM BCSO
110617911(Incident)
fi,J
17 GLORIETTA AVENUE
CLOUDCROFT
NM BCSO _
110617911(CAS
Person)
-
716 2ND ST SW
ALBUQUERQUE NM APD
242908 (Criminal
Record)
~
218 IRON AV SW
ALBUQUERQUE NM APD
100122501 (Incident)
riiI
218 IRON AV SW
ALBUQUERQUE NM APD
100122501 (CAS
Person)
riij
PO BOX 93292
ALBUQUERQUE NM APD
100115494 (Incident)
.iii PO BOX 93292
ALBUQUERQUE NM APD
100115494 (CAS
Person)
fi,J 17 GLORIETA AV
CLOUDCROFT
NM BCSO
100634012 (Incident)
iJ
17GLORIETIA AV
Home
CLOUDCROFT
NM BCSO
100634012 (Incident)
iJ
17GLORIETTA AV
CLOUDCROFT
NM BCSO
242908 (Criminol
Record)
iii
17 GLORIETA AV
CLOUDCROFT
NM APD
090037141 (Incident)
liii
716 2ND ST SW
Home
ALBUQUERQUE NM APD
090037141 (Incident)
~ 100 JOHN DANTIS RD SW
UNINCORP
NM BCSO
080625244 (Incident)
.
Summaries
...
Details Agency
Reference No
Sec Reference No
Invl
Reason
Date
fiiJ
APD 140023683 (CAS
ARR ARR
03/16/2014
Person)
!iii
APD
140023683 (InCident)
~732108 (Person)
ARR
AGGASSAULT
03/16/2014
til
BCSO 120621182 (Incident)
1984082 (Person)
VIC SMPASSAULT
04/12/2012
fi,J BCSO
120621182 (CAS
VIC VIC
04/1212012
Person)
ill
BCSO 110647643 (CAS
SUS SUS
08/20/2011
Person)
li.I
BCSO
242908 (Criminal
ARR 30-15-1 (F)
08/20/2011
Record)
fiiJ
BCSO
110647643 (InCident:}
1725811 (person)
SUS CRIME DMG
0812012011
Ci1
BCSO
110647643 (Incident)
1901172 (person)
ARR
CRIME DMG
08/20/2011
riI
BCSO 110617911(Incident)
1558759 (person)
SUS CRIME DMG
04/0312011
(if BCSO 110617911 (CAS
SUS SUS
04/03/2011
Person)
li.I
BCSO 110616084 (CAS
SUS SUS
03/2512011
Person)
fiiJ
BCSO 110616084 (Incident)
1595211 (Person)
SUS
AGG BATTRY
03/2512011
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Name Details
Page 4 of4
14-23683
~
BCSO 110614577 (Incident)
1564019 (person)
SUM SMPASSAULT
03/1712011
!i,l BCSO 110614577 (CAS
SUM SUM
03/17/2011
Person)
iii
APD 100122501 (CAS
ARR ARR
12/2112010
Person)
Iii
APD 242908 (Criminal
1107626 (Arrest
ARR 30-22-25B
12/2112010
Record)
SummaDd
fi3
APD 100122501 (IncIdent)
1482024 (person)
ARR AGG BATTRY
12/21/2010
iii
APD 100115494 (Incident)
1456986 (person)
VIC
LRCYBUILD
11/3012010
fi3
APD 100115494 (CAS
VIC VIC
11/30/2010
Person)
lli
APD 100113530 (Incident)
1467979 (person)
INT INCIDENT
11/2312010
~
APD 100100097 (Incident)
1444970 (person)
OTH MENTAL
10/14/2010
iii
BCSO 242908 (Criminal
IDEN
07/2612010
Record)
fi3
BCSO
100634012 (Incident)
1201902 (person)
ARR CRIME DMG
06/18/2010
iii
BCSO 242908 (Criminal
ARR 30-15-1 (F)
06/18/2010
Record)
iii
APD 242908 (Criminal
ARR 30-15-1 (F)
06/18/2010
Record)
lia
APD 242908 (Criminal
IDEN
OS/2212009
Record)
ria
APD 242908 (Criminal
0908391 (Arrest
ARR 30-3-5C
04/1512009
Record)
Summary)
rij
APD
090037141 (Incident)
0750288 (person)
ARR AGG BATTRY
04/15/2009
iii
BCSO 080625244 (Incident)
10650994 (Person)
SUS VANDALISM
05/0112008
iii
APD 242908 (Criminal
0777098 (Arrest
ARR
BATT UPON PEACEOFFI
07/15/2007
Record)
Summary)
ria
APD 242908 (Criminal
0777098 (Arrest
ARR
CONCID/I
07/1112007
Record)
Summary)
iii
APD 242908 (Criminal
0777098 (Arrest
ARR
CRIMINAL TRESPASSI
07/11/2007
Record)
Summary)
rij APD 242908 (Criminal
0015154 (Arrest
ARR
PAROLE/PROBATION
11/0812000
Record)
Summary)
VIO
II
APD
242908 (Criminal
0015154 (Arrest
ARR
ARREST ORDERNO. 2I-
11/0812000
Record)
Summary)
End of document
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