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Updated at 10:00am — Grand Jury Finds Officer-Involved Shooting in June Was Justified

APD Officer Aaron Zwicky cleared in June 15 fatal shooting of Tucumcari man.

A Bernalillo County grand jury has determined that the June 15, 2010 fatal shooting by an Albuquerque police officer was justified, District Attorney Kari Brandenburg announced today.

The DA’s Office presented the case to the grand jury on Wednesday, and the grand jury determined that “the killing of Julian Calbert by Albuquerque Police Officer Aaron Zwicky was justified under New Mexico law,” Brandenburg’s office said in a news release.

Normally grand jury proceedings are secret, but jurors hearing this case authorized the release of its findings in the interest of justice, the DA’s release said.

Calbert, a 42-year-old man from Tucumcari, was shot to death at the Flying J Truck Stop at Avalon and 98th in northwest Albuquerque after a woman called 911 from inside the trunk of Calbert’s car, according to earlier reports.

Zwicky, a three-year officer with the Albuquerque Police Department, shot Calbert an unknown number of times when Calbert punched the officer and threatened him with a knife, earlier reports said.

Calbert, who had a lengthy criminal history including criminal sexual penetration, child abuse, aggravated battery, burglary and larceny, had been convicted for his involvement in the 1998 shooting death of another Tucumcari man, Felix Miguel Gutierrez, according to the reports.

 


 

5:45am 6/16/10 — Man Shot by APD Was Convicted in 1998 Death: 42-year-old man shot at Flying J Truck Stop was involved in Tucumcari case.

The man shot to death by a police officer early Tuesday at Albuquerque’s Flying J Truck Stop was convicted in a 1998 shooting death of a Tucumcari man, the Clovis News Journal reported.

Curry County Undersheriff Wesley Waller, a retired State Police investigator who was involved in the 1998 case, told the News Journal that Julian Calbert, 42, was a Tucumcari native who was convicted for his involvement in the death of Felix Miguel Gutierrez.

Calbert and two other men were charged with murder in August 1998 after Gutierrez’s body was found in an irrigation canal about a half mile south of Tucumcari, according to Amarillo Globe News archives.

What Calbert was convicted of and how much time he actually served in prison wasn’t immediately known.

Calbert had a lengthy criminal history, including charges of criminal sexual penetration, child abuse, aggravated battery, burglary and larceny, and he was a registered sex offender, according to an article in today’s Albuquerque Journal.

Police said three-year Albuquerque Police Department Officer Aaron Zwicky responded to a 911 call from a woman who was locked in the trunk of Calbert’s car at the truck stop, and that when Calbert punched the officer and threatened him with a knife, Zwicky shot Calbert an unknown number of times, the Journal reported.

It was the eighth officer-involved shooting by APD, surpassing in six months last year’s total of seven such incidents, the Journal said.


 

3:35pm 6/15/10 — Police ID Man Fatally Shot by Officer in NW ABQ: Man
identified in officer-involved shooting as 42-year-old Julian Calbert;
Officer identified as Aaron Zwicky, a three-year APD veteran.

A man was shot to death in an early-morning officer-involved shooting at the Flying J Truck Stop at Avalon and 98th in northwest Albuquerque, and two women were detained for questioning in the incident, KOAT-TV is reporting.Calbert

The incident began when a woman called 911 from inside the trunk of a car, Action 7 News said.

When police approached the driver of the car in the truck stop parking lot around 1 a.m., the man charged at an officer with a knife and the man was fatally shot, police told KOAT-TV.

It isn’t known why the woman who initially called police was inside the trunk of the car, and the identity of the slain man isn’t known just yet.

This morning’s incident is the eighth officer-involved shooting in Albuquerque this year, and it was the second fatal shooting in less than a week.

KOAT-TV reported before the shooting that there was only one such incident involving the Albuquerque Police Department by this time last year.

Police were hoping to allow trucks back into the Flying J parking lot, which has been shut down during the investigation, by 8 this morning, according to KOB-TV.

 

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