2 days ago
Bystander injured in shootout in Albuquerque sues suspect and law enforcement
ALBUQUERQUE, N.M. (KRQE) – A typical trip to a local barbecue joint ended with a bystander getting caught in the crossfire of a police shooting. Now, the bystander is suing the man officers were after and the officers.
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It was a chaotic scene outside Rudy's on Carlisle Blvd. in June 2023. According to court documents, a man had a drug-induced mental health crisis. Police said he started shooting and hit two bystanders. Police shot back. 'I could see the muzzle flash of the handgun aimed in my direction, as I turned the corner, the moment was tense, unpredictable, and rapidly involving,' said one of the officers who shot back, in a 2023 police interview.
Now, one of those injured bystanders is suing the accused shooter, Emilio Mirabal, along with Desert Wolf Security, which was working in the area, the Albuquerque Police Department, and New Mexico State Police, who both responded to the scene.
While police say their investigation shows Mirabal's shots were the ones that hit and injured the bystander, the lawsuit claims, regardless of whose gunfire it was, police shot 'wildly' and were 'reckless' in their response.
The suit also claims that prior to the shooting, Mirabal's friend took him to NMSP's offices next to Rudy's to get him help. The lawsuit said they were not let inside and accused NMSP of failing to intervene. According to the lawsuit, the bystander was left seriously injured after the shooting and hasn't been able to do his regular workload as a landscaper.
Mirabal is still in the Metropolitan Detention Center, being held there until his trial. But questions surrounding his competency have come up in court. He is expected back in court in August.
New Mexico State Police said it does not comment on pending litigation. Albuquerque Police told KRQE News 13 they will respond to the allegations in court. KRQE News 13 did not hear back from the plaintiff's attorney or Desert Wolf Security.
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