State Police officer takes shocking photo on cell phone
Posted at: 09/04/2012 9:54 PM
| Updated at: 09/04/2012 10:50 PM
By: Gadi Schwartz, KOB Eyewitness News 4
(Warning: Photo in video has been blurred. Viewers discretion is advised.)
A state police officer is under investigation for taking un-authorized photographs of a man shot and killed by police.
On Tuesday, the Chief of New Mexico State Police apologized for the actions of the unnamed officer and said that type of "unprofessionalism" would not be tolerated.
The picture sent to KOB Eyewitness News 4 depicts the body of Sam Pauly fatally shot in the chest in his Glorieta home.
Last October, State police shot Pauly while approaching his house after reports of a road rage incident earlier in the evening.
Police have said they shot Pauly because he had opened fire.
The Pauly's family attorney said Pauly and his brother were unaware of officers outside their home and fired off warning shots, thinking that the men outside were intruders.
After the shooting, an officer assigned to maintain scene security snapped a photograph of the body with a personal cell phone and shared it with others.
The officer is now the subject of an internal affairs investigation.
Currently, criminal charges are still pending against Daniel Pauly, the brother of the victim for resisting arrest and assault on a police officer.
A separate Grand Jury in Santa Fe will be tasked with deciding on whether the officer-involved shooting was justified.
The District Attorney, Angela "Spence" Pacheco said the unauthorized picture was disclosed as soon as it was discovered.
The attorney for the Pauly family, Dan Cron, said the photograph and it's subsequent distribution clearly shows the investigation has been compromised and should be turned over to an outside agency for review.