DA could seek second opinion in Mary Hawkes shooting case | KOB 4
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DA could seek second opinion in Mary Hawkes shooting case

Kai Porter
February 28, 2018 05:55 PM

ALBUQUERQUE, N.M. -- Even though special prosecutors refused to file charges in a case involving former Albuquerque Police Department officer Jeremy Dear in the shooting death of Mary Hawkes, it doesn't necessarily mean the case is closed.

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On Friday, District Attorney Raul Torrez sent a letter to the lawyers representing Hawkes' family, saying he has the ability to ask a special panel to give the case a second review. The letter also invited the attorneys to send a written report if they would like a second review.

Special prosecutors said it was impossible to prove Dear did not believe 19-year-old Hawkes posed a threat when he opened fire.

"The authority to prosecute rests with us because we are special prosecutors so we will not be prosecuting the case. Whether someone else chooses to who has the authority, that'll be up to them," said special prosecutor Michael Cox.

Lawyers for Hawkes' family say they plan to submit a report to Torrez asking for a second review from a special panel put together by the New Mexico District Attorney's Association.

"She was running away and she was shot in the back of the head," Hawkes' mother, Mary Alice Hawkes said during a phone interview Wednesday. She says they have issues with the special prosecutor's investigation. For example, they dispute the claim that Hawkes was armed with a gun when she was shot.

"Our attorneys, and the investigators, they're going to provide evidence that has come up during the course of this investigation which we believe he didn't have," she said.

But Thomas Grover, Dear's lawyer, said the case should be closed.

"We expect the DA to follow his process as he has represented it, which is it has the backing of his own special prosecutors who spent over two years reviewing this case in exhaustive detail and made a profound and clear conclusion that this is a justified use of deadly force. Tragic as it was, it was a garden variety deadly force encounter and this case should be over," Grover said.

A spokesperson for Torrez said this review process happens with all officer-involved shootings and Torrez is still reviewing the findings from the special prosecutor in the case before making a decision about seeking a second opinion

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Kai Porter

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

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