Judge sides with APD on officer's firing | KOB 4
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Judge sides with APD on officer's firing

Brian Fetting
January 11, 2018 10:16 PM

ALBUQUERQUE, N.M. -- The battle of former Albuquerque police officer Jeremy Dear to get his job back is over.

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On Thursday, a district court judge ruled APD was in the right to fire Dear after the controversial shooting of Mary Hawkes in 2014.

By now, the shooting is essentially Albuquerque folklore. On an April night in 2014, a foot pursuit in southeast Albuquerque involving Hawkes, a suspected car thief, ended in gunfire. She ended up dead.

At the time, APD said she'd pointed a gun at Dear, which led him to shoot her. But Dear didn't capture any lapel video because he wasn't recording. He claimed his camera became unplugged.

Six other officers didn't record the shooting, either. Their reasons ranged from a dead battery to forgetting to activate the camera.

APD fired Dear later in 2014 following that shooting and two internal affairs investigations linked to his use of lapel cams. Dear had been ordered to record all interactions with civilians. APD said his non-compliance with that order and others led to his termination.

Dear fought the decision. A labor board later reinstated him, but the city quickly appealed that decision. A district court judge finally ruled the city was in the right to terminate him.

"We are disappointed of course and can’t understand why the City under Berry and Eden had such agenda on Jeremy Dear," attorney Thomas Grover told KOB in a statement. "There was no order and even if there was, it was an unlawful order. Mr. Dear is looking at all options, including those under Rule 60 as we’ve already received information from former members of APD that confirm the City’s action was based upon false allegations."

This past November, Dear sued then-Police Chief Gorden Eden for defamation over those internal affairs investigations. According to Dear's lawyer, Eden stated publicly on more than one occasion that Dear lied during those investigations.

Dear's lawyer said those allegations made it difficult for him to find work. The lawsuit names Eden, the department, and the city.

Credits

Brian Fetting

Copyright 2018 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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