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Monday, October 06, 2008
'Officers Go Too Far' Column Didn't Go Far Enough To Get Truth
By Darren P. White
Bernalillo County Sheriff
After reading the column on the front page of the Albuquerque Journal on Sept. 26, "When Officers Go Too Far" by Joline Gutierrez Krueger, I feel compelled to set the record straight.
While her story was rich in language, utilizing such terms as "intruders," "fear," "humiliation," "intimidation" and "emasculation," it only told half the story. Krueger made no attempt to contact the Bernalillo County Sheriff's Department to clarify any details from the perspective of the department or the deputies.
Krueger indicates that the Saiz family was terrified and afraid due to prior break-ins. Yet, the Saiz family made absolutely no attempt to summon help from any law enforcement agency or neighbors on the night in question. Instead, Saiz grabbed his shotgun, exited the protection of his home, and began firing.
Krueger has formed the opinion that this conduct is appropriate. I suggest that the better course of action would have been to call law enforcement for assistance. Saiz put his life and the lives of the officers and his neighbors in jeopardy when he chose to shoot first and ask questions later.
Perhaps because the reporter didn't contact the department, she fails to mention some critical facts relating to the incident. What she didn't tell readers is that there are three other houses in the small compound where this incident occurred.
My deputies were responding to an urgent call for help. In trying to identify the source of the 911 call, the deputies approached all of these houses in the same manner as the Saiz home and had absolutely no problems or confrontations with any of the other homeowners. The deputies were in uniform and clearly identified themselves as law enforcement officers conducting a welfare check.
Deputies responded in accordance with their training and departmental policy, which requires that they approach with utmost caution in an attempt to avoid injury to a victim, a hostage or themselves. Thanks to their levelheaded and appropriate response there was no loss of life to either the deputies or the individual firing upon them. Further, a jury found that the deputies would have been justified in using deadly force under the circumstances.
Krueger makes reference to what she refers to as the deputies' use of "potty" language. Obviously the use of such language is not in accordance with department policy, however it is difficult to second-guess how a human being will react a few seconds after being shot at by a stranger in the middle of the night. Given the fact that one or more of my deputies could have been killed, the language issue seems like a minor point.
Krueger was present in the courtroom for the plaintiffs' entire case and was seen laughing and talking with the Saiz family and their attorneys. In addition to her lack of consultation with the Sheriff's Department, Krueger did not feel it necessary to be present for the defense case or to approach any of the defendants or their attorney for their side of the story.
Unfortunately for readers who trusted that Krueger was writing a fair, if not informed column, that trust was badly compromised. The result is an article that ignores information that led to a unanimous jury verdict for the deputies. The jury, after hearing all of the evidence, took less than an hour and a half to find that the deputies did nothing wrong.
The U.S. District Court judge in this case found that the circumstances of Saiz's arrest were legally appropriate and that the charges filed were appropriate. Unfortunately the district attorney chose not to prosecute.
It is without question that Krueger has taken sides in this case. So I would pose the question to her in this way: Is it reasonable for a homeowner to fire shots off their front porch every time there is a knock at the door? Is this a reaction that Krueger would deem appropriate?
Krueger, in doing her job, will likely never know the danger of being shot at by a stranger. Perhaps it is easier to judge how one would react to such an assault from the comfort of her desk, but I can assure you it is something altogether more complicated when you are in the line of fire.
Journal readers, after considering those details which Krueger chose to omit, can draw their own conclusions about the actions of these courageous deputies.
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