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Another APD shooting ruled lawful; BernCo DA won’t seek charges

ALBUQUERQUE, N.M. — Bernalillo County District Attorney Kari Brandenburg’s office announced today that it will not seek charges against APD officer Martin Smith for his fatal shooting of Daniel Tillison in March 2012.

Tillison, 31, was allegedly selling stolen stereo equipment in a small parking lot in front of an apartment complex on the 8200 block of Marquette NE on March 19, 2012.

Smith was the only officer who responded to an anonymous call about stolen merchandise, according to police. He arrived on scene, got out of his police vehicle and began talking to Tillison. The exchange quickly became confrontational.

Tillison put the black Mitsubishi SUV he was driving into gear, crashed into one vehicle and then the officer’s vehicle, police said.

Smith believed that Tillison pointed a gun at him during the encounter, Police Chief Ray Schultz said at the time. The object turned out to be a cellphone.

“It is the conclusion of this office that there is no probable cause to charge Officer Martin Smith with any crime in connection with the death of Daniel Tillison,” prosecutors wrote in their report, released today. “Thorough analysis of available evidence indicates that Officer Martin Smith shot Daniel Tillison in self defense.”

Read previous Journal coverage of the shooting here. And here is a link to the DA’s report.



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