ALBUQUERQUE, N.M. — Prosecutors originally filed first-degree murder charges against former APD officers Keith Sandy and Dominique Perez in the death of James Boyd.
Those charges were dismissed during the preliminary hearing in which Judge Neil Candelaria bound the men over for trial. First-degree murder requires premeditation.
Jurors had the option of acquittal or finding the two former officers guilty of either second-degree murder of voluntary manslaughter until Judge Alisa Hadfield dismissed the voluntary manslaughter charges this week. She said prosecutors had not presented sufficient evidence to prove elements of the crime.
New Mexico criminal laws define the remaining charges against the two men as follows:
- Second-degree murder (Sandy and Perez) : “Unless he is acting upon sufficient provocation, upon a sudden quarrel or in the heat of passion, a person who kills another human being without lawful justification or excuse commits murder in the second degree if in performing the acts which cause the death he knows that such acts create a strong probability of death or great bodily harm to that individual or another.”
- Aggravated battery (Sandy only): “Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.”