Bernalillo County Sheriff's Office IDs man killed by deputies, won't say whether he was armed

The Bernalillo County Sheriff’s Office refused to say whether the man they shot and killed on Tuesday was armed at the time.

BCSO spokeswoman Jayme Gonzales would also not detail why deputies shot Max Marlatt, 32, or how many deputies opened fire on him in a crowded Walmart parking lot in the South Valley.

Gonzales would not say if a gun was found on the scene or answer other questions, stating that “any additional details pertaining to the scene will not be available until interviews have been completed with those involved.”

“The Bernalillo County Sheriff’s Office plans to hold a press conference in the coming weeks to provide a comprehensive debrief once all investigative interviews are complete and additional information becomes available,” she said.

It has become custom for other law enforcement agencies, like the Albuquerque Police Department and New Mexico State Police, to release details of evidence found on scene — like a gun or knife — before deputies or officers are interviewed.

In the case of APD, which is under a federally mandated reform effort, they often hold briefings within hours of a police shooting that give a preliminary play-by-play of how the shooting unfolded.

“According to investigators, publicly announcing if there was or wasn’t a gun at the scene before a deputy is interviewed following a lethal force incident can most certainly compromise their recollection of the incident and their statement,” Gonzales said in response to repeated questions on the matter.

BCSO held a news conference after the incident but refused to answer any such questions, only affirming that the man shot had an out-of-state warrant and was in a stolen truck.

On Thursday, Gonzales identified Marlatt and specified that he was wanted on a first-degree felony warrant for criminal sexual contact of a minor out of Hazel Park, Michigan. Court records from that state show Marlatt committed the alleged crime, listed as a third-degree felony, on Feb. 2.

After Tuesday’s shooting, the truck Marlatt was in had several bullet holes in the windshield, on the driver’s side, and Marlatt’s body lay on the ground below the door.

“The warrant indicated that he was considered armed and dangerous,” she said.

Gonzales said BCSO was still “in the early stages of the investigation.”

“We appreciate the community’s patience and understanding as we continue to conduct a thorough and transparent investigation into this critical incident,” she said.