Suit filed over excessive force in DWI arrest

medics

ALBUQUERQUE, N.M. (KRQE) – Police were after him and now he’s going after police in court. A man is suing the city saying an officer roughed him up, breaking his back.

The Albuquerque Police Department says there is no video of that arrest. However, KRQE News 13 has obtained video from the scene, police reports and the federal lawsuit that describe what happened.

Jumping fences and balancing along brick walls, Albuquerque police looked for a man who lost control on a motorcycle, crashed into a fence and left the scene on Matthew Avenue NW near 14th Street.

Attorney Marshall Ray said his client Kyle Dibble had no idea there was a search.

“He was not running from officers, and he did not know he was being pursued by officers,” Ray said.

He said after the crash, Dibble couldn’t ride the motorcycle, so he went to a family friend’s house to ask for help getting it home.

What happened as he approached the front door sparked the lawsuit.

“An officer grabbed him by the back of the collar and threw him on concrete stairs onto his back,” Ray said.

That is a little different from APD’s description.

“The information I got was that he was grabbed from behind and he fell on his own,” an officer is heard saying in lapel video at the scene.

While video shows the chase and the aftermath, nothing shows the take-down.

Police arrested Dibble for aggravated DWI and reckless driving. Prosecutors dropped those charges this year, saying there wasn’t enough evidence.

Months later, Dibble filed a lawsuit. He claims an officer used excessive force, breaking his back, which required surgery and physical therapy with no chance of a complete recovery.

The city filed a response this week, saying the officer’s actions “were objectively reasonable under the totality of circumstances, done in good faith.”

That is in line with what police said on scene.

“Once he saw us, he took off running,” an officer said.

“All [Dibble] had to do was stop and listen to the commands and comply,” another officer said.

Officer Gabriel Holguin, the officer named in the lawsuit, wrote in his report that he was concerned for the safety of the people in the home Dibble was about to walk into, not knowing that they were family friends.

Officer Holguin has since resigned from APD.

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