Testimony begins in trial of former APD officer accused of illegally arresting disabled man

Prosecutors told jurors Tuesday that former Albuquerque police officer Kenneth Skeens illegally arrested a mentally disabled man as he tried to purchase a bicycle in a Target store in 2022.

Testimony began Tuesday in Skeens’ trial on felony charges of false imprisonment and perjury and one misdemeanor count of filing a false police report. The 2nd Judicial District Court trial is scheduled through Friday before Judge Britt Baca.

The trial is Skeens’ second on the same charges. In April 2024, Baca declared a mistrial after jurors failed to reach a verdict on any of the charges.

Prosecutors allege that Skeens, 30, had no authority to forcibly remove 53-year-old Matthew McManus from the store as he struggled to purchase a bicycle at a self-checkout register.

Assistant Attorney General Johnna Walker said in opening statements that Skeens repeatedly pressured Target’s loss-prevention officer for authorization to eject McManus from the store. Skeens began seeking permission to cite McManus for criminal trespass within minutes of arriving at the store, she said.

“He already knows he’s going to make contact with that guy,” Walker told jurors. Skeens asked Target’s loss-prevention officer 11 times for permission to make contact with McManus, she said. Skeens wanted to identify McManus and check for active warrants for his arrest, she said.

Walker said Skeens told the loss-prevention officer, “We like taking bad people to jail. I’ve got a good sense for warrants. I can smell them.”

A central question in the trial is whether Skeens had permission from Target officials to make contact with McManus and cite him for criminal trespass. Police officers need permission from store management to make contact with a customer.

Skeens was fired from the Albuquerque Police Department in February 2023 following an investigation into the Aug. 19, 2022, incident at the Target store at 9371 Coors NW, near Paseo.

Skeens’ attorney, John D’Amato, told jurors that the former APD officer was told by Target’s loss-prevention officer to cite McManus for criminal trespass.

The loss-prevention officer also told Skeens that he believed McManus was attempting to steal the bicycle, D’Amato said in opening statements.

The video recordings “will tell you exactly what happened,” D’Amato told jurors. “Skeens had no desire to even approach McManus and really didn’t want to until he got proper authorization. He then approached simply to remove McManus from the Target.”

Prosecutors showed jurors Target security video that showed McManus pulling cash out of a fanny pack and piling it on the self-checkout register as he struggled to purchase a blue Huffy bicycle beside him.

Jurors also viewed video that showed Skeens approach McManus, gather the cash, and forcibly remove McManus from the store. Once seated on the curb outside the store, McManus called 911 in his belief that security guards had removed him.

“You aren’t police. No, you’re not, you’re security,” McManus told officers. While he is on the phone with 911, officers put him in cuffs and tell him he is under arrest.

Walker said the videos show that McManus was breaking no laws when Skeens approached him.

“He is still attempting to pay for that bicycle,” she told jurors. “He hasn’t passed all the points of sale.”

In the meantime, Skeens and the store’s loss-prevention officer are standing against a wall watching McManus and Skeens called in the incident by radio as a “37 call,” indicating a shoplifting.

“You are going to hear testimony that Mr. Skeens asks Ty Hunt (the loss-prevention officer) about 11 times in 15 minutes, ‘Can I make contact with that guy? If you want, I’ll throw him out. I’ll stop him,’” Walker said.