ALBUQUERQUE (KRQE) – A judge has decided the case against an Albuquerque Police officer accused of kneeing a college student in the groin will be going to trial on both charges, aggravated battery and tampering with evidence.
The case against Pablo Padilla stems from an April 2014 arrest that ended with University of New Mexico student, Jeremy Martin, losing one of his testicles.
Martin took the stand Thursday telling the judge he was surprised by Padilla’s actions the night of the incident.
“He essentially threatened to tase me, put the taser back and then came at me,” said Martin.
Martin said he was acting peacefully that night, but the defense said otherwise. They showed lapel video of the incident in court.
“You were ordered to sit down and you refused to sit down,” said the defense attorney.
“I was told to sit down and I didn’t sit down,” replied Martin.
Padilla is also accused of deleting cell phone video of the struggle.
When Padilla took the stand, he said deleting the video was a mistake and poor judgement. He said he turned in other videos of the incident and wasn’t trying to cover anything up.
As for the knee strike, Padilla said he meant to hit Martin’s inner thigh.
“I don’t want to hurt anybody,” said Officer Padilla.
He said he was following his training and a knee strike is one of the lowest levels of force an officer can use.
Early last month, District Attorney Kari Brandenburg took herself off the case because of a potential conflict of interest. Former Santa Fe DA Henry Valdez is taking over the case.