Tuesday, July 01, 2008
Charges Against Cameraman Dropped
By Joline Gutierrez Krueger
Journal Staff Writer
Charges against a KOB-TV news photographer who filmed an Albuquerque police officer attacking him were dismissed today after a Metro Court judge ruled that the officer had not provided sufficient probable cause on the arrest citation.
Rick Foley had been charged with failure to obey an officer at a May 29 police standoff near Copper and Charleston NE. According to a police report, Officer Daniel Guzman told Foley to move to a different location. But Foley, who continued to film the incident, had just begun to move when Guzman argued with him. In the video, Guzman is seen lunging at Foley and sounds of a scuffle are noted.
Foley was handcuffed , placed in a squad car and cited.
Today, however, Metro Court Judge Benjamin Chavez said the citation provided little information as to what Guzman alleged happened that night that would have resulted in a criminal charge.
The charge, which can result in a penalty of up to 90 days in jail, was dismissed without prejudice, meaning that the charge can be refiled.
Foley’s attorney, Matthew Coyte, said he hoped that the charge was dead for good, especially in light of the fact that Guzman, a rookie, was placed on leave this week as a result of the incident.
Police Chief Ray Schultz said he made the decision after reading an independent review officer’s report on the incident, which he received Friday.
Guzman faces a disciplinary hearing next week and can face additional disciplinary action.
Guzman was not at today’s hearing.