Charges dropped against woman who was shoved by former APD officer
September 17, 2019 10:15 PM
ALBUQUERQUE, N.M.—The transgender woman who former APD officer John Hill used excessive force against has had her disorderly conduct charges dismissed.
Back in February, former APD officer John Hill was fired for using excessive force against Jackson Howe. According to documents, Howe was arrested for disorderly conduct.
Security camera footage released by APD shows Hill shoving Howe into the wall of a holding cell because she was shouting at officers and being belligerent.
Those charges against Howe were dropped Monday.
"There are concerns that the client did not have the capacity to go forward in the case to present a defense," said Max Kauffman, Mental Health Attorney for the misdemeanor division of the Public Defenders Office.
Kauffman said Howe became his client in the disorderly conduct case after her competency was questioned
"In this case, my client was physically abused," Kauffman said. “She was behind bars for a significant point of time and denied access to critical evidence.”
Kauffman said she spent 78 days in jail after that arrest and the state failed to turn over evidence—so the judge dismissed the charges.
For now, Hill, who was fired from APD for this incident, is the only one facing charges from that day. According to online court records, he has pleaded not guilty for the alleged battery on Howe.
On Monday, Hill's attorney filed a number of motions in his case. One of the motions filed attempted to limit certain matters from being brought up like Hill’s termination or that he has appealed administrative action, or that his law enforcement certification is in jeopardy of suspension or revocation.
Meanwhile, Howe has a long list of pending charges in other cases, which could be the reason she initially spent so much time in jail for violating conditions.
Even though the charges in this case were dismissed for criminal trespass and disorderly conduct, the district attorney’s office said it plans to gather the necessary evidence and refile.
Created: September 17, 2019 10:15 PM
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