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Saturday, June 20, 2009
Shooting Found To Be Justified
By Vic Vela
Journal Staff Writer
A Santa Fe grand jury on Thursday concluded that officers were justified in their actions during the shooting death of a suspected drug dealer last fall, according to District Attorney Angela "Spence" Pacheco.
But an attorney — who has called the cops involved in the shooting of Matthew Romero murderers — said the grand jury's finding does not change about plans for a lawsuit against police.
Attorney Dan Marlowe filed a tort claim notice in February charging state and local police and the FBI with "intentional and malicious intent" in Romero's death.
Romero, 23, was killed Oct. 27 after he tried to flee officers during an undercover drug task force operation. Romero allegedly sold half a kilogram of cocaine to an undercover officer on the lot of the Fashion Outlets Santa Fe Mall at 3007 Cerrillos Rd.
The grand jury heard testimony from officers involved in the shooting as well as agents from State Police — the agency that investigates most police shooting incidents, Pacheco said.
State Police Spokesman Peter Olson told the Journal in February that the officers committed no wrongdoing. The operation was carried out by the Region III Drug Task Force, made up of officers from Santa Fe police, Santa Fe County Sheriff's Department, State Police and the FBI.
The district attorney — who took office in January — said it will be a continuing policy on her part to "present these types of situations for review."
"It's important for members of the community to review the information and come to their own independent conclusion," Pacheco said.
Pacheco was able to provide only minimal information to the Journal relating to the grand jury proceedings — which are secret — after she received permission from state District Judge Stephen Pfeffer.
Although Marlowe applauded Pacheco's move to "put it out there" for a grand jury to review the case, he's not surprised by the outcome.
"I say they murdered him, they say he didn't," Marlowe said. "It's a joke. They're trying to cover it up and trying to defend it before it goes (to the point of further litigation)."
According to the police, Romero displayed a handgun before accepting $11,700 from the agent making the drug buy, and Romero's girlfriend arrived with the cocaine. After the transaction, officers moved in to arrest Romero and he allegedly used his truck to ram a police vehicle and strike an officer. He made a U-turn back to the mall and that's when officers opened fire.
"He was shot in the back of the head," Marlowe said. "That's my problem."
Marlowe — who usually works in criminal court — said an attorney versed in civil rights litigation is taking "a good hard look" at the case and that the pending lawsuit remains in motion.
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