Assault charge tossed in Albuquerque police shooting case

Keith Sandy, Dominique Perez
FILE - In this Aug. 18, 2015 file photo, former Albuquerque Police detective Keith Sandy, left, and Officer Dominique Perez speak with attorneys during a preliminary hearing in Albuquerque, N.M., on Tuesday, Aug. 18, 2015. They are expected to be arraigned Friday, Sept. 11, 2015 on second-degree murder charges in the on-duty shooting death of a homeless man who authorities say suffered from mental illness.(AP Photo/Russell Contreras, File)

ALBUQUERQUE, N.M. (AP) – Prosecutors have agreed to drop an aggravated assault charge against a former Albuquerque police officer who is scheduled to stand trial next week in the on-duty shooting death of a homeless man.

Former Officer Dominique Perez and now retired Detective Keith Sandy were both charged with second-degree murder and other counts in the death of the 38-year-old James Boyd, who was shot after an hours-long standoff in the Albuquerque foothills.

A court filing Tuesday shows Perez’s defense attorney and special prosecutor Randi McGinn agreed to have an aggravated assault charge against him dropped.

A motion to have an aggravated battery charge against Sandy dismissed will be argued at a hearing this week.

Opening statements in the former officers’ trial are expected to start Monday. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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