Hearing continues in James Boyd case, attorney questions judge

ALBUQUERQUE (KRQE) – The defense is presenting its case in the preliminary hearing for two Albuquerque officers who shot and killed a homeless camper in the foothills.

A SWAT team expert took the stand. The supervisor said the officers handled the situation correctly, talking with James Boyd calmly first. He said it wasn’t until all less lethal options had already failed that officers shot. He goes on to say Officer Dominique Perez and Former Officer Keith Sandy only shot to protect fellow officers.

The expert also said Boyd did not surrender.

“He did not exhibit those actions that police officers are trained to recognize that would indicate surrender,” said Ronald McCarthy.

Prosecutors claim Boyd did surrender.

They also fired back saying McCarthy’s testimony is bias. They said he gets paid across the country to testify in favor of officers.

“99 percent of the time you testify for the police officers right,” said Special Prosecutor, Kevin Holmes. “Correct,” said McCarthy.

The judge dropped involuntary manslaughter charges against now-retired detective Keith Sandy and current officer Dominique Perez. But that still leaves second degree murder, voluntary manslaughter and aggravated battery charges pending.

KRQE News 13’s Haley Rush (@krqehaley) will be live tweeting the event throughout the day.

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