Man claims he was wrongfully arrested by Valencia County deputy | KOB 4
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Man claims he was wrongfully arrested by Valencia County deputy

Nathan O'Neal
July 22, 2019 10:10 PM

ALBUQUERQUE, N.M. — A 75-year-old Belen man has filed a civil rights lawsuit against the Valencia County Sheriff’s department, claiming he was wrongfully arrested after driving too slow.

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According to the complaint filed Monday, Albert Carrillo was on his way to a doctor’s appointment when he was pulled over by Valencia County Sheriff’s deputy Cole Knight on January 9, 2018.

According to audio recorded of the incident, Carrillo told the deputy “you’re being trained like a gestapo son-of-a [expletive].”

The following exchange is also recorded:

Deputy Knight: I've already felt like you've threatened me when you came at me...
Carrillo: With what?
Deputy Knight: With your attitude with your clenched fists. You know what... why don't we do this, why don't you stand up and put your hands behind your back.

Attorney Kenneth Stalter said Carrillo’s rights were “violated the moment that officer put him in handcuffs” and that the comments made by Carrillo are protected speech under state law.

The police audio recording also captures a scuffle between the two after Carrillo has been handcuffed.

According to a criminal complaint, Deputy Knight told Carrillo to get into the patrol unit.

“While the man turned towards me he said, 'yes sir' in an exaggerated tone so that his saliva flew out of his mouth and onto my face. The tone and the way that Mr. Carrillo did this was intentionally to spit in my face,” said Deputy Knight in the criminal complaint.

However, Carrillo’s attorney disputes that account of events.

“Everything that the officer says he did wrong happened after he was placed in those handcuffs so the big question is – why handcuff him?” said Stalter. “It wasn’t because he was threatening, it wasn’t because committed an arrestable offense, it’s because he spoke his mind.”

A spokesperson for the Valencia County Sheriff’s department said it could not comment on pending civil litigation.

Credits

Nathan O'Neal

Copyright 2019 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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