District court judge orders BCSO to comply with public records request | KOB 4

District court judge orders BCSO to comply with public records request

Steve Soliz
Created: November 14, 2019 10:33 PM

ALBUQUERQUE, N.M.— A district court judge ordered BCSO to turn over requested information in the case of Elisha Lucero.

In July, BCSO deputies shot Lucero more than 20 times after Sheriff Manny Gonzales said she came at officers with a knife.


Lucero’s family hired the Kennedy Law Firm to investigate a possible wrongful death lawsuit against BCSO.

Attorneys filed a request to see public records like recordings and interviews almost a month ago to decide whether to move the lawsuit forward.

BCSO denied that public record request saying, “Unfortunately this event is under investigation and not yet available for release.

“They did not do the most basic things that they should under the statute.They didn't tell us why they were denying the records request and they didn't give us a single record,” said attorney Laura Schauer Ives.

“We had to file a lawsuit, a petition, in the district court to try to force the Bernalillo County Sheriff's department to comply with our state law-our public records request laws,” she added.

District Judge Beatrice Brickhouse sided with the Kennedy Law Firm and ordered Bernalillo County to either turn over the requested information or offer examples of state law that allow the county to withhold it.

Either way, Lucero said she does not buy the explanation given by Sheriff Gonzales.

“There isn't a day that goes by that I wonder what happened that night,” she said. “What's driving me is justice for my sister and my love for my sister. We lost our parents and my sister was my best friend.  My sister was a lot to me.”

BCSO spokesperson sent KOB 4 a statement about the public records request:

“While we respect the court and will comply with the order, we respectfully disagree as we remain focused on keeping the children, families, and businesses safe.”

There will be a hearing Jan. 15.

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