Albuquerque, NM- The office of special prosecutor Randi McGinn announced Monday that charges were re-filed against Albuquerque Police officer Dominique Perez and former Albuquerque Police officer Keith Sandy in the shooting death of homeless camper James Boyd.
The charges against Sandy and Perez sought by the prosecutor are second-degree murder, voluntary manslaughter, and involuntary manslaughter. Sandy also faces a charge of aggravated battery, while Perez faces a charge of aggravated assault.
The court document filed against Sandy charges that “the above-named defendant did kill or aid and abet in the killing of James Boyd without lawful justification or excuse and without acting upon sufficient provocation while knowing that his acts created a strong probability of death or great bodily harm to James Boyd or to another, contrary to NMSA 1978, § 30-2-1(B), NMSA 1978, § 31-18-16, and NMSA 1978, § 30-1-13.”
The court document filed against Perez charges that “the above-named defendant did kill James Boyd without lawful justification or excuse and without acting upon sufficient provocation while knowing that his acts created a strong probability of death or great bodily harm to James Boyd or to another, contrary to NMSA 1978, § 30-2-1(B) and NMSA 1978, § 31-18-16.”
Sandy and Perez originally faced open murder charges filed by Kari Brandenburg in January, which could have resulted in first-degree murder charges. According to KRQE, McGinn, who has taken Brandenburg’s place as prosecutor for the case, did not believe she could convince a jury that Sandy and Perez planned the murder of Boyd.
Boyd was accused of camping illegally in the Sandia Mountains last year, which led to an hours-long standoff between police and Boyd in March 2014. Perez and Sandy each reportedly fired three shots that hit Boyd as it appeared that he was preparing to leave his campsite. Video of the incident can be seen below (graphic footage):
A preliminary hearing has been scheduled for early August, where Sandy and Perez will appear before a judge. At the hearing, it will be decided which charges, if any, the two will face. Perez is reportedly on administrative assignment with APD, and Sandy retired last November before internal affairs began questioning him.
The Truth In Media Project has been following multiple reports of police brutality and excessive use of force nationwide, including in Albuquerque. To read more about alleged police abuse in Albuquerque, click here. For more information about the James Boyd case, click here.