The defense asked the judge on Wednesday, Oct. 5, to dismiss all charges against the two former Albuquerque Police Department officers who shot James Boyd in 2014.
Lawyer Sam Bregman said all the testimony indicates Boyd—who was camping illegally in the Sandia Foothills—presented a deadly threat to officers. He wasn’t surrendering, Bregman said, and he pulled out knives.
"I would beg of the court to please take a look at all of the evidence," Bregman said. "Look at all of what we have for evidence that supports or does not support the decision that the officers made to use deadly force, and tell me that they’ve proven beyond a reasonable doubt—or even a rational juror could believe that they proved beyond a reasonable doubt. It’s not there, your honor."
Judge Alisa Hadfield disagreed and opted to allow the jury to decide. That means Keith Sandy and Dominique Perez are still facing second-degree murder charges. The defense has rested its case, and closing arguments are expected Thursday morning.