Trial of former APD officer ends in hung jury

A jury on Monday failed to reach a verdict in the trial of a former Albuquerque police officer accused of illegally arresting a disabled man who was attempting to purchase a bicycle at a Target store in 2022.

Prosecutors said they plan to retry Kenneth Skeens, 29, on felony counts of false imprisonment and perjury, and a single misdemeanor charge of filing a false police report.

Judge Britt Baca-Miller declared a mistrial about 2 p.m. Monday after jurors said they were hopelessly deadlocked on all three counts after about five hours of deliberations.

Assistant Attorney General Johnna Walker said prosecutors plan to retry Skeens on the charges. Baca-Miller scheduled a status hearing on May 17 to schedule the retrial.

Prosecutors alleged during the weeklong trial that Skeens had no authority to forcibly remove 53-year-old Matthew McManus from the store as he struggled to make the purchase at a self-checkout register.

Skeens was fired from the Albuquerque Police Department in February 2023 following an investigation into the Aug. 19, 2022, incident at the Target on Coors and Paseo del Norte NW.

Prosecutors told jurors in closing arguments on Friday that Skeens pressured Target’s loss prevention officer for authorization to remove McManus from the store and cite him for criminal trespass.

Skeens’ attorney responded that the police officer had been told by store employees that McManus was attempting to shoplift, obligating Skeens to remove the man from the store.

A central issue in the trial hinged on whether Skeens had authorization from Target’s loss-prevention officer to remove McManus from the store and issue a criminal trespass notice.

A trespass notice is essentially a warning that prohibits someone from returning to a business or face arrest. An officer must have permission from store management to issue a criminal trespass notice.

Jurors repeatedly viewed Skeens’ on-body camera video that showed the former officer approach McManus as he handled a pile of cash on the register in an attempt to buy a blue Huffy bicycle located at his side.

The video showed Skeens telling McManus, “Albuquerque police, you are not free to leave.” Within two minutes of making contact, Skeens began gathering up McManus’ cash before Skeens and a second officer physically removed McManus from the store and forced him to sit on a curb outside.

Assistant Attorney General John Duran told jurors in closing arguments Friday that Skeens asked 11 times before getting an answer, “OK, you can make contact,” from the loss-prevention officer.

“You can’t take somebody’s freedom based on, ‘OK, you can make contact,’” Duran said. “You can’t do that, as a person with that kind of authority that Skeens had as a cop, with a badge and a gun.”

Skeens testified in his defense Friday that he believed Target’s loss-prevention officer authorized him to make contact with McManus. Skeens also testified that he had reason to believe that McManus was attempting to shoplift a bicycle from Target.

Skeens’ attorney, John D’Amato, told jurors that police officers are obligated to remove anyone a store owner wants removed and are authorized to issue the person a criminal trespass notice.

“If a proprietor tells a police officer to ‘criminally trespass’ that person — I want him removed — that is probable cause. No crime committed,” D’Amato said Friday in closing arguments.