APD officers will stand trial in shooting of James Boyd

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

Two Albuquerque police officers will stand trial on murder charges related to the controversial fatal shooting of a homeless man, a judge ruled Tuesday.

A judge could decide later in the day if the officers must stand trial on murder charges. Then, with Boyd already lying on the ground, the officers fire a few more rounds into his body.

The 2014 shooting of Boyd, who police say suffered from mental illness, sparked angry protests in Albuquerque.

A judge heard closing arguments Tuesday in the hearing for Sandy and Perez who are facing a murder charge in the case.

His ruling came after six days of testimony at a preliminary hearing where prosecutors showed the evidence they had against the officers. Perez and Sandy will be arraigned on charges of second-degree murder, voluntary manslaughter, aggravated assault and aggravated battery, KOAT reports.

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

There have been more than 40 police shootings in Albuquerque since 2010. McGinn said the city’s police have become too aggressive since then.

McGinn got on top of the same platform during cross-examination and turned her back to the officer, referring to previous testimony that showed Boyd was turning from police and shot in the back.

“No matter what the reality is, jurors will have to consider what the (perceptions) of the officers were at the time”, Benza said.

“I hope it sends a strong message to law enforcement generally that here in New Mexico the courts are actually going to actually hold officers accountable”, Simonson said, according to KRQE. Weimerskirch was at the scene when Boyd was shot.

Sandy’s attorney, Sam Bregman, said the officers acted in accordance with their training and should not have to face a jury trial.

Police were forced to use tear gas to breakup demonstrations later in the year in Albuquerque before the nation watched similar scenes in Ferguson, Missouri, after a white police officer killed an unarmed 18-year-old black man. Candelaria replied, “What a reasonable police officer in that situation would do”. With Boyd’s hands full, Sandy would throw a flash bang grenade at Boyd, officer Richard Ingram would shoot him with a Taser shotgun and Weimerskirch would unleash Rex, a police K-9 that would bite and hold onto Boyd.

The city and the Justice Department later reached an agreement to overhaul policies involving use of force and to appoint a federal monitor to oversee reforms.