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Police: We ID’d Ourselves Before Shooting

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SANTA FE — State Police officers say in a court document that they identified themselves as police outside a Glorieta residence before an officer shot a man to death there late Tuesday night.

But Daniel Pauly, 32, the brother of the man killed by police gunfire, is quoted in the same document as saying he just saw flashlights coming toward the house and heard someone say the house was surrounded.

Pauly told investigators after the shooting that he went to the back door and fired two rounds from a shotgun in the air, apparently to scare away whoever was outside.

Instead, he soon heard six to 10 semiautomatic rounds being fired, ran to another room and found his brother Samuel Pauly, 34, down and gasping for air through blood gurgling in his throat, according to Daniel’s account of the shooting, included in a criminal complaint filed Thursday in Magistrate Court.

Dan Cron, lawyer for the Pauly family, had said Wednesday that the Pauly brothers — who worked as servers at the upscale Geronimo restaurant on Santa Fe’s Canyon Road —had no idea it was police officers advancing on their home about 11 p.m. Tuesday.

Cron said the brothers thought those outside were intruders and couldn’t see any flashing police car lights.

The fatal shooting followed a strange incident on Interstate 25 in which a woman called police to report a case of road rage, then followed a truck that she said ran her off the road.

She continued to follow the truck, even after it took the Glorieta exit and made a right turn into the village, as she reported to a police dispatcher by phone all the while, according to the criminal complaint. Daniel Pauly was driving the truck that the woman followed.

It was the woman’s report of Pauly’s truck’s license plate number that led State Police to the Glorieta house, where the Pauly brothers lived. Cron, the Paulys’ attorney, said the brothers feared those outside their house were from the earlier road rage confrontation.

Daniel Pauly faces charges of assault with intent to commit a violent felony upon a peace officer and evading an officer. He ran away after his brother was killed.

In a hearing Thursday afternoon that was attended by his parents and about 25 supporters, many from the Santa Fe restaurant community, Magistrate Judge George Anaya approved a $50,000 bail or property bond for Daniel’s release. He got out of jail later Thursday.

His father, also named Dan Pauly, said outside Magistrate Court that there would be a meal with friends at Geronimo.

Pauly senior, his eyes tearing up, described “the nightmare” of getting a call from his son from the jail Wednesday morning.

“Pop … Pop,” the father recalled his son saying. “Sam’s dead, Sam’s dead. They killed him. Sam’s shot. Sam’s dead.”

Neither of the Pauly brothers has a criminal record in New Mexico. KOAT verified that both had numerous traffic violations and that Daniel had a hit-and-run charge and a second-degree burglary charge in Orange County, Calif., where they formerly lived.

According to the criminal complaint charging Daniel in Tuesday night’s case, at least three officers came to the Pauly brothers’ home in rural Glorieta about 15 miles east of Santa Fe after the reported road rage call on Interstate 25.

The State Police criminal complaint narrative gives two sides of the incident on the interstate, from Daniel Pauly and another driver who called police.

A woman called in to report that a Toyota pickup — apparently Daniel Pauly’s — had run her off the road and was traveling erratically north between Santa Fe and Glorieta. She gave State Police the truck’s plate number and started following the truck.

She reported that the truck’s lights were turning on and off and that the truck left I-25 at the Glorieta exit, as she continued to follow and “update” a police dispatcher. When the truck stopped after making a right turn, a man got out and started to scream “what the (expletive)” and raised both arms in the air, the woman told police.

The man got back in the truck and drove toward the woman, and she “left the area,” she told police.

But Daniel Pauly said the incident started when a white Kia Rio passed him on the interstate, then slowed down. Daniel passed the Kia, but the Kia’s high beam lights stayed on and “were blinding Daniel,” according to his account.

He pulled off at the Glorieta/Pecos exit and stopped at the stop sign at the end of the exit ramp, he told police. He got out, faced the Kia, put his hands up and said, “What’s with the lights?” he told police. He said he then drove away and went to his home nearby.

His brother Samuel was there and had been playing a video game. About 11 p.m., Daniel saw the flashlights outside his house and heard voices. Someone said that “they had them surrounded and that they are coming in if they do not come outside,” Daniel is quoted in the criminal complaint.

Samuel went to a bedroom and got an antique revolver and gave Daniel a shotgun and shells, Daniel said. Samuel went to a front window while Daniel went to the rear door and fired the two shotgun rounds in the air, according to Daniel’s account. He found his brother on the floor after hearing the subsequent semiautomatic gunfire.

Daniel said he tried to pull his brother to safety in a bedroom but left him after he realized Samuel was dead. Daniel ran out the back door and heard someone yell, “State Police, he has a gun.”

Daniel said he reloaded in a barn, crossed I-25 and got rid of the gun inside the trunk of a large juniper tree. He walked back to the house “and complied with” an officer’s orders as he was taken into custody.

In the State Police version of the shooting, also in the criminal complaint, officers identified themselves “outside the residence as State Police.” Two officers were approaching the house when they heard someone scream, “We got guns.”

One officer is identified as hearing three shots inside the house, and two others — Raymond White and Michael Mariscal, both officers since 2009 — are identified as firing their pistols. An officer then saw a man running to a building southwest of the house “carrying a long gun.”

The officers retreated to their police cars on Glorieta’s Fire Station Road and called in the report of shots fired. Daniel Pauly walked up and told police his brother was dead inside the house.

At Thursday’s arraignment hearing, Cron told Judge Anaya that Daniel would return to work at Geronimo as the case proceeds. The brothers’ father said Geronimo’s management is establishing a fund to accept donations for funeral costs and legal fees.

“My boys are great boys,” father Dan Pauly said. He said they attended Capital High School but had moved to California before returning to Santa Fe about two years ago.

Among those supporting the Paulys at court Thursday was Harry Shapiro of Harry’s Roadhouse restaurant, where Daniel formerly worked. Shapiro said he knew both the brothers and prepared a letter to vouch for them as “mature, respectful and intelligent.”

“Dan has character in spades,” Shapiro’s letter said. The letter concludes, “… I just cannot imagine these two brothers, as I knew them, ending up in a shootout with police.”
— This article appeared on page A1 of the Albuquerque Journal

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