Police identify man killed by officers, release lapel video from shooting

Matthew “Solo” Garcia was in handcuffs inside an Albuquerque police SUV at an East Central motel Friday when officers tried taking away a firearm they said Garcia had behind his back.

A police lapel video shows Garcia and the officers wrestle for several seconds before shots were fired.

At a Sunday afternoon press conference, Police Chief Harold Medina said he released the latest lapel video showing part of the incident to “make sure the appropriate information is out there” regarding the fatal shooting of Garcia, 39, and “to bring some assurances to the public that we are investigating this.” The other lapel video he released Saturday showed a confrontation between police and protesters on Friday night.

The police chief said he did not release the whole video of the shooting Sunday because the two officers involved need to be interviewed.

On Friday, police shot Garcia to death as he was handcuffed outside the Tewa Motor Lodge at Central and Alvarado.

In the latest lapel video, an officer asked Garcia,” What do you have in your hand, dude?”

“A gun,” Garcia replied.

The officers tried to wrestle the firearm away from Garcia.

“Stop,” an officer said. “Dude, stop.”

“Gun, gun, gun,” another officer said.

“Get it.”

Shots were fired.

The incident occurred during an operation targeting criminal activity at the motel. Medina said Garcia had three outstanding warrants when he was arrested.

It is unclear if officers patted Garcia down for weapons when he was handcuffed and placed in the police SUV, and whether officers followed proper protocol.

“That is something that our administrative investigation is going to have to determine,” Medina said.

Hours after the shooting on Friday, there was a protest with about 30 people outside the Tewa Motor Lodge resulting in the arrest of Sean Kinney, 21, and Emery Schmidt, 34

Schmidt was charged with battery upon a peace officer, a fourth-degree felony, and refusing to obey or comply with an officer, a misdemeanor. Kinney is charged with resisting, evading or obstructing an officer, a misdemeanor, and disorderly conduct, a petty misdemeanor.

In a lapel video from Friday night, a person walked up and tore off the crime scene tape, used to set the perimeter for investigations, and officers move in to detain him. Several people tried to stand in front of the person who tore the tape and a scuffle ensued with police.

During the scuffle, not much can be seen as screams were heard before police pinned at least one protester to the ground and handcuffed them while another officer pushed people in the crowd.

Medina said someone hit an officer.

“Do not hit my officers,” Medina said Sunday. “If you hit my officers, I expect them to arrest you, take you to jail, and we will make sure we will get every evidence we can do the district attorney’s office so you get prosecuted.”

Medina said there will be two investigations regarding the shooting: A criminal investigation to see if the officers use of force was “within the law,” and an internal investigation to determine whether any administrative violations were committed.

While police investigate, Garcia’s family continues to mourn.

“I never got to say bye to my dad,” Garcia’s 9-year-old daughter Azul Diamond Garcia said to a crowd during a protest outside APD headquarters Sunday evening. “I really, really miss him.”

About 75 people showed up to show their support to the Garcia family, who thanked everyone for being there.

“My grandson wanted to be a police officer,” Matthew’s mother, Bernadette Garcia, said. “Now, he hates them. They took his dad’s life.”