Defense: Police made split-second decision in fatal shooting

But it was unclear by his testimony if Officer Dominique Perez and former Detective Keith Sandy – the two officers who shot Boyd – knew the details of the 38-year-old’s mental illness. Those tactics were all ineffective, and Perez and Sandy opened fire after officer Scott Weimerskirch, a police K-9 handler, got too close to Boyd, who was armed with two knives.

Pro Tem Judge Neil Candelaria said Tuesday that the state had presented enough evidence in the preliminary hearings to meet the standards for probable cause, and to file murder charges against Officer Dominique Perez and Officer Keith Sandy, who is now retired.

Roman said the two defendants acted to protect other officers after police confronted James Boyd about illegally camping in the foothills of the Sandia Mountains.

Prosecutors say Perez and Sandy shot Boyd despite signs he was surrendering following a long standoff.

“If these officers don’t stand trial, all bets are off”, said University of New Mexico professor David Correia, who led a sit-in at the Albuquerque mayor’s office.

After a three-hour standoff with police, officers created a plan tell Boyd to gather his belongings and start walking downhill. The judge replied, “What a reasonable police officer in that situation would do”.

“He was shot in the back and in the side”, McGinn said.

“It should be clear to everyone now that James Boyd was not executed for being a homeless camper”, said Roman, who represents Perez.

According to Perez and Sandy, Boyd was argumentative throughout the exchange.

The two officers are now facing charges of aggravated battery, voluntary manslaughter and second degree murder.

The footage drew national attention to the Albuquerque Police Department, which was being investigated at the time by the U.S. Justice Department over officers’ use of force. “As this case is moving though our judicial system, my focus is on continually moving the Albuquerque Police Department forward”.

He was recorded on a digital recorder calling Boyd a “lunatic” and talking about using force against the homeless man moments after he first arrived on scene.

The Police Department and the Justice Department recently entered an agreement to overhaul the force.