Justice: Albuquerque police use 'excessive force'

The U.S. Justice Department charged Thursday that an investigation of the Albuquerque police force found that the department "engages in a pattern or practice of use of excessive force, including deadly force."

The allegations were contained in a letter from Jocelyn Samuels, acting assistant attorney general for the Civil Rights Division, to Albuquerque Mayor Richard Berry and Police Chief Gorden Eden.

The letter said actions by police violated the Fourth Amendment to the Constitution, which covers such areas as unreasonable searches and seizures.

The Justice Department letter said its investigation determined that "structural and systemic deficiencies" in the Albuquerque Police Department, such as insufficient oversight and inadequate training, "contribute to the use of unreasonable force."

Street protests and demands for reform in the New Mexico city of more than 555,000 people erupted last month after heavily armed police shot and killed James Boyd, a homeless man who had a history of violent outbursts and mental instability.

Boyd was the 37th person shot by Albuquerque police, and the 23rd fatality, since January 2010.

In the report, Samuels said that of the 20 fatal shootings from 2009 to 2012 involving Albuquerque police, most were unconstitutional.

"Albuquerque police officers often use deadly force in circumstances where there is no imminent threat of death or serious bodily harm to officers or others," Samuels wrote. "Instead, officers used deadly forces against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed."

She also noted that officers frequently misused electronic control weapons like Tasers, "resorting to use of the weapon on people who are passively resisting, observably non-threatening but unable to comply with orders due to their mental state, or posed only a minimal threat to the officers."

In a statement released with the findings, Samuels thanked the mayor of Albuquerque and the department for its cooperation in the investigation.

"Throughout our investigation, APD leadership has been receptive to our preliminary feedback and technical assistance," she wrote.

Samuels said the investigation involved hundreds of interviews, ride-alongs with officers, meetings with community leaders and examination of extensive documents.

Berry said the city would work with the Justice Department to make changes and that he expects a federal monitor to track progress.

"It won't be quick and easy, but we can achieve it," he said in a written statement.

In anticipation of the release of the report, the mayor announced last week the hiring of a deputy police chief to oversee the implementation of the expected recommendations.

Calling Boyd's death a "game changer," Berry said the city intended to upgrade officer training, particularly for dealing with the mentally disturbed.

"I'm calling on our legislators to take action as well to craft laws to help individuals living with mental health issues, particularly individuals who have a propensity to do harm to themselves or others," the mayor told reporters.

In last month's protests, hundreds of demonstrators took to the streets for almost nine hours in the second such gathering in less than a week.

At one point, police used tear gas against the crowds after some participants began vandalizing property and spray painting buildings along Central Avenue, according to KRQE. —