ALBUQUERQUE (KRQE) – Closing arguments were presented Friday in the lawsuit of the family of a mentally ill man who was shot and killed by an APD officer in his own back yard.
The family is asking for millions from the city.
Friday, their attorney and the city’s were given just five minutes to sum up their arguments to the judge.
“He was a good guy, it was his house and no one should have broken into his yard and shot him three times in the back,” Torres Family Attorney Randi McGuinn said.
Torres family attorney Randi Mcginn, recounted the day CJ Brown and Richard Hilger confronted Torres who is schizophrenic in his own backyard.
The two were there to arrest him for a prior road rage case.
After a struggle, brown shot Torres three times in the back.
APD claims Torres reached for Hilger’s gun. His DNA was found on the gun but experts couldn’t tell whether it came from Torres’ hands.
Torres’ attorney also pointed out how APD didn’t follow their procedures for dealing with the mentally ill.
But the City claims that’s not negligence and brought up prior complaints of reckless driving and Torres’ use of the drug Spice.
They say it all led up to a perfect storm for a dangerous situation for officers that day.
“The underlying schizophrenia, the lack of prescription medications, and the use of the drug Spice created a situation that when these officers arrived, rapidly went downhill,” City Attorney Ann Maggiore said.
There is no jury in this case, so a judge will decide whether to award the family the $4 million they’re asking for in damages.
It could be a while before we hear a decision.
The Judge gave attorneys a deadline of May 2nd to submit written closing arguments and findings so she likely won’t rule on the case until then.