ALBUQUERQUE, N.M. (KRQE) – The judge declared a mistrial on Tuesday in the case of former Albuquerque Police Department officers Dominique Perez and Keith Sandy due to a hung jury.
After 13 days of testimony and two full days of deliberating, the jury decided they could not reach an agreement.
With a pat on the back and a smile, Defense Attorney Sam Bregman gave a hint to Sandy that he knew what was coming when the jury entered the courtroom.
A jury announced on Tuesday they could not come to an agreement for second degree murder for Keith Sandy and Dominique Perez.
On Tuesday, three jurors said Perez and Sandy were guilty of second degree murder while nine said not guilty for both.
After that announcement came, Bregman whispered to Sandy and said, “I love you, Buddy.”
Both Sandy and Perez were facing second degree murder charges for shooting and killing homeless camper James Boyd as he held two pocket knives.
Prosecutors argued Sandy and Perez used excessive force when they shot Boyd in the Foothills in 2014. The prosecutors said that James Boyd appeared to be turning away to surrender to officers. But the defense said the officers shot to protect the life of a K-9 handler.
It was after two full days of deliberating that the jury said they were hung and could not come to a decision.
The question on everyone’s mind is whether or not the case will be re-prosecuted but McGinn said that isn’t up to her.
McGinn was appointed by the District Attorney as Special Prosecutor. DA Kari Brandenburg had originally charged the officers but there was a concern over a conflict of interest after an APD officer accused Brandenburg of bribing victims in her son’s burglary case.
With Brandenburg’s term coming to an end this year, the decision to re-try the case will fall to Raul Torrez who is running unopposed for DA.
The City paid the Boyd family $5 million saying it was time to move forward from the tragedy, while not admitting any guilt.
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