Latest news with #MatthewGarcia
Yahoo
12-06-2025
- Yahoo
Lawsuit filed against City of Albuquerque and motel owners over shooting death in police car
ALBUQUERQUE, N.M. (KRQE) – The family of Matthew 'Solo' Garcia is demanding justice following his death after police shot him while he was handcuffed in the back of a patrol car. They are suing multiple parties, including the city and a motel owner, claiming responsibility for his death. Story continues below News: Albuquerque couple facing charges in 4-month-old's death Investigation: Politicians sink $13M in closed New Mexico tourist attraction Trending: Videos show man in dumpster getting dumped into waste truck in Albuquerque Events: Albuquerque Summerfest's 2025: What you need to know One of the attorneys representing the Garcia family, Frances Crockett Carpenter, said, 'This was a human life. This was a human who deserved the same constitutional protections as everyone else.' 'They had no right to approach his home. They had no right to question him. They had no right to arrest him and handcuff him,' said Taylor Smith, another attorney representing the family. On October 18, 2024, the city was conducting a code enforcement cleanup at the Tewa Lodge due to various safety concerns and criminal activity. APD (Albuquerque Police Department) was present to assist when they encountered Garcia, who was living at the motel. Police deemed him suspicious, so they handcuffed him and placed him in the back of a police car. Attorneys highlighted a series of issues with this arrest, beginning with the fact that Garcia was not pat down, as shown in police body camera footage. In the video, an officer can be heard saying, 'Hey, can you just keep eyes on him, please? He's moving a lot, and I haven't searched him yet.' The police later discovered that Garcia was armed. One officer asked, 'What do you have in your hand, dude?' to which Garcia replied, 'A gun.' The shooting unfolding quickly, with one officer trying to grab the gun while two others opened fire from the opposite side of the car. The attorneys also pointed out that some of the officers present lacked proper training and had a history of failing to pat down suspects. Carpenter saying, 'You make sure that your officers are trained and when they don't follow their training, they're disciplined for it. They get additional remedial training.' The attorneys also cited that the city's code enforcement department also holds some of the responsibility, arguing that they failed to notify the residents of the Tewa Lodge about the planned shutdown, violating eviction laws. They also added that the motel owners contributed to the situation by neglecting the property's upkeep, which allowed criminal activity to flourish and led to the city's intervention. 'The Tewa Lodge could have provided notice to those individuals saying you have a couple of days to get rid of the criminal activity, otherwise I have to evict you and follow the court process,' said Smith In response, the city send News 13 a statement: The City will be prepared to respond to the allegations in court. In these tough times, it's critical that our City cracks down on nests of crime, drugs and neglect. We cannot allow vulnerable people to be preyed upon, trafficked, or forced to live in squalor. That's why we're taking action to clean up problem properties across the city. When motels fail to meet basic living standards, they put tenants and the public at serious risk. From electrical hazards, disabled smoke alarms and blocked exits, to broken plumbing and pest infestations, these properties are dangerous. Code enforcement is taking action to hold them accountable, and their efforts are about health and safety, not policing. Staci Drangmeister, Director of Communications, Mayor's Office Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Independent
21-05-2025
- The Independent
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably. Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot. 'Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,' U.S. District Court Judge Matthew Garcia said in a written court opinion. The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
Associated Press
21-05-2025
- Associated Press
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably. Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot. 'Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,' U.S. District Court Judge Matthew Garcia said in a written court opinion. The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
