Trial begins for former APD officer for allegedly illegal arrest of man with disabilities

Testimony is expected to begin Tuesday in the retrial of a former Albuquerque police officer accused of illegally arresting a disabled man attempting to purchase a bicycle at a Target store in 2022.

Jurors failed to reach a verdict in April 2024 when Kenneth Skeens, 30, was tried on felony charges of false imprisonment and perjury and a single misdemeanor charge of filing a false police report.

Skeens’ retrial is scheduled through Friday in 2nd Judicial District Court before Judge Britt Baca. The New Mexico Department of Justice is prosecuting the case.

During a weeklong trial last year, prosecutors argued that Skeens lacked the authority to forcibly remove Matthew McManus, then 53, from a Target as he struggled to make a 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 at Coors and Paseo del Norte NW.

Jurors last year viewed a lengthy store security video showing McManus handling a pile of cash at a self-checkout register as he attempted to buy a blue Huffy bicycle at his side.

The video showed Skeens make contact with McManus, then tell him “Albuquerque police, you are not free to leave,” and begin gathering up McManus’ cash. Skeens and a second officer then physically removed McManus from the store and forced him to sit on a curb.

A central issue in the first trial was whether Skeens had authorization from Target’s loss-prevention officer to remove McManus from the store and issue a criminal trespass notice, which essentially prohibits someone from entering a store or face arrest.

A police officer must have permission from store management to issue a criminal trespass notice, witnesses testified.

Skeens testified in his own defense that he believed Target’s loss-prevention officer had given him authorization to make contact with McManus. Skeens also testified that he had reason to believe that McManus was attempting to steal the bicycle.

Assistant Attorney General John Duran told jurors last year in closing arguments that Skeens asked 11 times for permission to make contact with McManus before the loss-prevention officer told Skeens, “Ok, you can make contact.”

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.

McManus was charged in August 2022 with misdemeanor charges of resisting, evading or obstructing an officer and concealing identity but the charges later were dismissed, court records show.

Skeens wrote in a criminal complaint that McManus refused to leave the store and had to be escorted out by officers. McManus also refused to identify himself to officers, the complaint said.

McManus, now 56, was charged in May 2024 with aggravated assault for allegedly throwing rocks at trailers in the 9000 block of Zuni SE, court records show. A Bernalillo County Metropolitan Court judge in December ordered an evaluation to determine McManus’ competency to stand trial in that case.