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A New Mexico prosecutor Monday filed murder charges against two Albuquerque police officers who fatally shot a homeless man in March, setting off sometimes violent protests across the city.
District Attorney Kari Brandenburg said former detective Keith Sandy and SWAT officer Dominique Perez are each charged with one open murder count in the death of James Boyd. An open murder charge allows the prosecutor to decide later whether a first-degree or second-degree charge will be brought.
Brandenburg filed criminal information papers, which means a grand jury investigation won't be required. Recent grand jury decisions in New York and Ferguson, Mo., not to charge police officers in the deaths of suspects resulted in protests across the nation and an outcry against the grand jury system.
Perez and Sandy are accused of fatally shooting Boyd, 38, after a four-hour standoff. Video from an officer's helmet camera showed Boyd, armed with two knives, appearing to surrender before he was shot.
Authorities have said Boyd suffered from schizophrenia and possibly other mental disorders.
Police Chief Gorden Eden ignited controversy for saying the shooting appeared justified because Boyd made a "threatening" move toward an officer with the dog who rushed him. Albuquerque Mayor Richard Berry has asked the Department of Justice to review the case, but no decision on federal charges has been announced.
Brandenburg said a preliminary hearing for Sandy and Perez had not been set. Lawyers for both officers said their clients will be vindicated.
"Keith, as a police officer, had not only the right but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives," said Sam Bregman, lawyer for Sandy.
Luis Robles, an attorney for Perez, said he was "confident that the facts will vindicate Officer Perez's actions in this case."
Since Boyd's killing, on Jan. 13, 2010, Albuquerque police have been involved in more than 40 shootings, 27 of them fatal. In October, the Justice Department and the city of Albuquerque announced an agreement that requires the police department to transform its practice of "routinely'' taking lethal action against residents.
Boyd's death was not included in the DOJ investigation but was cited, along with Eden's comments, as as evidence of the systemic problems in the police department.
District Attorney Kari Brandenburg said former detective Keith Sandy and SWAT officer Dominique Perez are each charged with one open murder count in the death of James Boyd. An open murder charge allows the prosecutor to decide later whether a first-degree or second-degree charge will be brought.
Brandenburg filed criminal information papers, which means a grand jury investigation won't be required. Recent grand jury decisions in New York and Ferguson, Mo., not to charge police officers in the deaths of suspects resulted in protests across the nation and an outcry against the grand jury system.
Perez and Sandy are accused of fatally shooting Boyd, 38, after a four-hour standoff. Video from an officer's helmet camera showed Boyd, armed with two knives, appearing to surrender before he was shot.
Authorities have said Boyd suffered from schizophrenia and possibly other mental disorders.
Police Chief Gorden Eden ignited controversy for saying the shooting appeared justified because Boyd made a "threatening" move toward an officer with the dog who rushed him. Albuquerque Mayor Richard Berry has asked the Department of Justice to review the case, but no decision on federal charges has been announced.
Brandenburg said a preliminary hearing for Sandy and Perez had not been set. Lawyers for both officers said their clients will be vindicated.
"Keith, as a police officer, had not only the right but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives," said Sam Bregman, lawyer for Sandy.
Luis Robles, an attorney for Perez, said he was "confident that the facts will vindicate Officer Perez's actions in this case."
Since Boyd's killing, on Jan. 13, 2010, Albuquerque police have been involved in more than 40 shootings, 27 of them fatal. In October, the Justice Department and the city of Albuquerque announced an agreement that requires the police department to transform its practice of "routinely'' taking lethal action against residents.
Boyd's death was not included in the DOJ investigation but was cited, along with Eden's comments, as as evidence of the systemic problems in the police department.
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