ALBUQUERQUE (KRQE) – A judge has ruled officers who were on scene of the deadly James Boyd shooting can testify, but there will be limits.
Friday morning in district court, attorneys for the two Albuquerque police officers, Dominic Perez and Keith Sandy, accused of second degree murder argued with the state about what evidence should be allowed in court during the preliminary hearing.
Attorneys fought about everything from officer’s testimonies, Boyd’s criminal history and the training the cops had.
“I don’t think they can ask the ultimate question do you think this self defense was reasonable,” said Prosecutor Randi McGinn.
“We are not asking the ultimate question was he justified in shooting. We are asking would you have done it?” said Keith Sandy’s Attorney Sam Bregman.
After nearly two hours of back and forth, Pro Tem Judge Neil Candelaria ruled what can and cannot be used in the hearing which will decide if the case goes to trial.
“I think that it is allowable officers at the scene how they perceived the situation at the time, how they felt how the situation was going and whether they thought certain means were necessary to quell the situation at that point,” said Judge Candelaria.
Officers who witnessed the shooting will be able to testify about what happened that day, but they won’t be able to give opinions on whether or not the officers were justified with they opened fire in the foothills last year.
“They can talk about their training and how they are supposed to respond in particular instances and that’s exactly what we wanted them to be able to testify to,” said Bregman.
Also on the table was if the defense could bring up Boyd’s lengthy criminal past including an aggravated battery charge against another officer.
The judge ruled in the state’s favor. He said only what officers knew about Boyd’s history the day of the shooting can be used in court.
Despite that decision, Bregman said a lot more will be revealed.
“A lot of people have made up their mind on this case based on a video,” said Bregman. “The video by no means tells the whole story of why these two police officers had to shoot James Boyd. That will come out next week.”
The judge also ruled that the state will be able to use APD’s standard operating procedures as evidence to show if Perez and Sandy were following training procedures.
The defense says the two cops were protecting fellow officers from Boyd who was armed with knives.
Prosecutors said there’s evidence they didn’t have to shoot.
The preliminary hearing is set for Monday morning and is expected to last all week. KRQE News 13 will live stream the hearing.