Administrative Office of the District Attorneys Henry R. Valdez, Director February 20, 2017 VIA E-MAIL and MALL Raal Torrez, District Attorney Second Judicial District 520 Lomas, N. W. Albuquerque, NM 87102 Re: — State vs, Detective Keith Sandy and Officer Dominique Perez Dear Raul: Thave attached hereto the Memorandum containing recommendations prepared by the committee you appointed to review the case of State vs. Detective Keith Sandy and Officer Domingue Perez. Ihave sent the original letter and Memorandum to you via regular mail for your records. Kade, Henry R. Valdez, Director Sincerely, HRV:dlw: 625 Silver Ave, Suite 420+ Albuquerque, New Mexico 87102 Phone: (505) 827-3789 Fax: (505) 242-3227 440 Galisteo Santa Fe, NM 87501STATE OF NEW MEXICO Eleventh Judicial District Attorney, Division One {585 South Miller Avene # FARMINGTON, NEW MEXICO 87401-4299 PHONE; (505) 599-9810 FAX: (05) 599.9802 Robert (Rick) P. Tedrow District Attorney February17, 2017 MEMORANDUM TO RAUL TORREZ Mr. Torrez: The Committee has done an extensive review of the investigation and prior jury trial of the shooting death of James Boyd by Detective Keith Sandy and Officer Dominique Perez of the Albuquerque Police Department. It is the opinion of this committee that a retrial would not likely result in any conviction, The primary reasons that the Committee believes this to be the case are: 1) that the previous trial was conducted effectively on behalf of the prosecution; 2) no additional evidence has been discovered and 3) the procedural posture and facts of the case preclude any charges other than those the jury already considered. ‘The standard by which this committce reviews this matter is unique in that we are not deciding if there was criminal conduct on behalf of the Officers; whether the shooting, was legally justifiable; or whether the officers should be charged. Those decisions were made not only by the prior District Attomey but supported by the Special Prosecutor in the pursuit of the case at trial, This committee reviews this matter solely to determine what, if any charges can currently be pursued as well as the likelihood of a new trial resulting in a different outcome, An experienced trial attorney presented this case to a jury and did not get a guilty verdict. This committee can only assess what avenues remain available and the likely outcome of each. MATERIALS REVIEWED: 1) Audio and video of the trial of State v. Dominic Perez and State v. Keith Sandy 2) Video obtained as part of the investigation into the shooting of James Boyd 3) Photographs taken during the investigation 4) The compiled report of Detective Geoffery Stone, Albuquerque Police Department 5) Interview transcription of Sgt James Fox6) Interview transcription of Officer Ramon Ornelas 7) Interview transcription of Detective Richard Ingram 8) Interview transcription of Officer Scott Weimerskirch 9) Interview transcription of Detective Keith Sandy 10) Interview transcription of Officer Dominique Perez. 11) Report of Findings, case number 2014-01366 by the Office of the Medical Investigator 12) Firearm and Tool Mark Section, Report and Conclusions from Metropolitan Forensic Science Center The committee also discussed the case with the trial prosecutor, Randi Meginn. POTENTIAL CHARGES Second Degree Murder and Aggravated Battery (a lesser included offense). Second Degree Murder and Aggravated Battery are the only two offenses that the State could retry in this, ‘matter. The facts supporting both of these charges are the same facts the jury considered when they deadlocked in a nine to three vote in favor of acquittal, In assessing the manner in which the evidence was presented and the lack of any newly found evidence the nine to three jury vote would suggest that a retrial would not produce a result that would favor a conviction, ‘The committee reviewed the applicable Uniform Jury Instructions for the charges considered. um14-211 For you to find the defendant guilty of second degree murder as charged in Count __, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1 The defendant killed (name of victim); 2. ‘The defendant knew that his acts created a strong probability of death or great bodily harm to (name of victim) [or any other human being]; ) b. pes Donald Gallegos Chairman