Family of James Boyd files wrongful death lawsuit against APD

Updated: 06/27/2014 10:27 PM | Created: 06/27/2014 5:03 PM
By: Danielle Todesco, KOB Eyewitness News 4

The family of James Boyd, the mentally ill homeless man who was shot and killed by two Albuquerque officers, filed a wrongful death lawsuit against the Albuquerque Police Department Friday.

Boyd's brother, Andrew Jones, filed the lawsuit.

The suit claims "APD's standards for hiring, training, policies, oversight, or lack thereof, contributed to the unjustified killing of James Matthew Boyd. As did Albuquerque's failure to take any action in the face of what was plainly an out of control police department."

The lawsuit demands an injunction requiring the city to take a series of actions, including forcing all transferred cops to get a psychological exam, forcing the city to establish funding for the "James Matthew Boyd emergency outreach team," allowing doctors to respond to crises involving the mentally ill, forcing the city to put up at least $1.75 million a year for rental subsidies for the homeless and of course monetary damages for Boyd's family.

The lawsuit also requests APD be strongly discouraged from hiring officers fired from other departments.  One of the APD Officers who shot Boyd, Keith Sandy, was fired from New Mexico State Police for time card fraud. 

The family wants all officers to be trained in crisis intervention, which is something APD is already doing after the Department of Justice released their findings.

Another demand in the lawsuit is that anyone subjected to force by APD get immediate medical attention.  It states that Boyd "lay in the foothills wheezing, gasping for air for approximately twenty minutes until he was transported to the hospital."

APD officers Keith Sandy and Dominique Perez shot Boyd after a confrontation in the Sandia foothills nearly two months ago.  Lapel camera video of the incident went viral online, sparking several protests and demands for reform of the Albuquerque Police Department.

To view the full state court complaint: Click Here

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