ALBUQUERQUE, N.M. (KRQE) – The second-degree murder charge against Dominique Perez has been dropped.
Perez is one of two former Albuquerque Police officers facing charges for the 2014 shooting death of James Boyd.
Perez and Keith Sandy stood trial for the shooting in October. After 13 days of testimony, that trial ended with a hung jury and the judge declared a mistrial.
Sandy is still charged.
KRQE News 13 reached out to Special Prosecutor Randi McGinn Monday. She said the charge was dropped against Perez because it was the “right thing to do.” Something Perez’s Attorney said they could agree on.
“We think it’s not simply the right thing to do, but it’s the just thing to do,” said Luis Robles, Perez’s Attorney.
During the trial, McGinn said she felt sorry for Perez who, unlike Sandy, was sent up to face Boyd just three minutes before the shooting.
McGinn said she will not be dropping the murder charge against Keith Sandy.
Earlier this month, a judge set a new trial date for Perez and Sandy in case District Attorney-Elect Raul Torrez decided to retry them.
Although the charges against Perez have been dropped, they can be re-filed.
Incoming District Attorney Raul Torrez released this statement on Monday:
“As I have previously stated, all decisions on this case moving forward will be guided by the facts and by the law. This does not change my plans to appoint experienced independent prosecutors to review the case when I take office and make recommendations for any future actions.”
- Federal officials close investigation into death of James Boyd
- APD: Officer involved in James Boyd shooting reinstated
- DA: Former Albuquerque officers Sandy, Perez will not be retried
- Special prosecutor in Boyd case makes final court appearance
- District Attorney-elect: Panel to decide if Sandy, Perez will be tried again