Homeless man shot to death by police while “illegally camping” in NM foothills

[steveh_131]

Since the OP ran away from this

Source?

the trial of the police ended in a hung jury. It is unknown at this time whether New Mexico will re-file.

It's always a shame when juries let murderers walk - but it happens.

 

[T.Lex]

Better 10 guilty men go free than a single innocent be convicted, or something to that effect.

 

[steveh_131]

Better 10 guilty men go free than a single innocent be convicted, or something to that effect.

Yes. I disagree with the jury in this instance but I respect the process, assuming it wasn't corrupted.

 

[Kirk Freeman]

Source?

This thread. You should read it.

The trial was weeks ago. I waited patiently but the OP ran away so I posted the result.

 

[KLB]

This thread. You should read it.

The trial was weeks ago. I waited patiently but the OP ran away so I posted the result.

If by run away you mean left INGO five months ago, sure.

 

[Kirk Freeman]

The latest: https://www.abqjournal.com/888935/special-prosecutor-new-evidence-in-sandy-pere-zcase.html#

 

[T.Lex]

Ok. That's dirty pool to offer to drop all charges against one guy if another guy pleads guilty to something different.

 

[HoughMade]

The latest: https://www.abqjournal.com/888935/special-prosecutor-new-evidence-in-sandy-pere-zcase.html#

"homeless camper"....others than those staying in shelters.....?

 

[Fargo]

The latest: https://www.abqjournal.com/888935/special-prosecutor-new-evidence-in-sandy-pere-zcase.html#

If you can prove your case, prove it. If you know you can't, you probably shouldn't be proceeding on it. If the cops are tampering with video, it should be thoroughly pursued, not wink winked at in plea negotiations.

Criminal prosecution should never resemble used car salesmanship.

 

[T.Lex]

(Warning: this joke is applicable primarily to Marion and Hamilton counties.)

I only WISH used car dealers gave as good a deals as some prosecutors.

 

[Kirk Freeman]

Since the OP hightailed it, here is the latest. Perez dismissed. Should have a decision on Sandy next month.

Second-degree murder charge against former Albuquerque officer Dominique Perez dropped | KRQE News 13

District Attorney-elect: Panel to decide if Sandy, Perez will be tried again | KRQE News 13

 

[steveh_131]

Since the OP hightailed it, here is the latest. Perez dismissed. Should have a decision on Sandy next month.

Second-degree murder charge against former Albuquerque officer Dominique Perez dropped | KRQE News 13

District Attorney-elect: Panel to decide if Sandy, Perez will be tried again | KRQE News 13

Is 'dismissed' the same as 'dropped'? I thought they were quite different.

 

[jamil]

Is 'dismissed' the same as 'dropped'? I thought they were quite different.

Especially in this circumstance, is that a distinction without a difference?

 

[steveh_131]

Especially in this circumstance, is that a distinction without a difference?

I don't know, I'm not the lawyer who is using a different legal term than the sources he is citing.

 

[Fargo]

I don't know, I'm not the lawyer who is using a different legal term than the sources he is citing.

Dropped isn't a legal term, it is slang for dismissed, nolle pros., not-refiled, diverted, acquitted, etc.

It is generally used anytime that a person is arrested or charges are submitted and the matter is resolved without a conviction.

 

[steveh_131]

Dropped isn't a legal term, it is slang for dismissed, nolle pros., not-refiled, diverted, acquitted, etc.

It is generally used anytime that a person is arrested or charges are submitted and the matter is resolved without a conviction.

Ok, thank you. In criminal law, I was under the impression that 'dismissed' (the legal term used by Kirk) suggests that the judge reviewed the case and dismissed it for a variety of possible reasons.

The same term can be used when a prosecutor decides not to prosecute a case?

 

[steveh_131]

As for the case, Sandy seemed to have more legal problems considering his statements of intent prior to the shooting and the potential tampering with his camera. I'm surprised they were tried together at all.

 

[Fargo]

Ok, thank you. In criminal law, I was under the impression that 'dismissed' (the legal term used by Kirk) suggests that the judge reviewed the case and dismissed it for a variety of possible reasons.

The same term can be used when a prosecutor decides not to prosecute a case?

Kind of. Dismissedgenerally means that a case was filed but was terminated prior to a trial verdict because the judge granted a motion to dismiss. In criminal cases, the motion to dismiss usually comes from the prosecutor who can generally dismiss the cases he has filed at will. In much rarer cases, defense motions to dismiss may be granted for thing like due process violations or in some states a finding of no probable cause. Sometimes the court may act on its own motion although no examples come to mind.

Not being a NM lawyer, I am not sure if mistried cases there are dismissed automatically and have to be refilled or if they stay alive unless the prosecutor moves to dismiss. In this case, the former would be a nolle pros. (or decision not to file) and the latter a dismissal.

 

[LockStocksAndBarrel]

The feds have dropped it, too.

Federal prosecutors close investigation into police shooting of James Boyd

 

[Kirk Freeman]

Hey, right out of the textbook, like Kirk said.

Like Kirk said, textbook self-defense.

The INGOtarians marched against me in the old style and were driven off in the old style.