On Sunday, March 16, the Albuquerque Police Department (APD) sent a heavily armed unit to confront James Boyd, a homeless man who was "camping illegally" in the Sandia Foothills. The encounter ended with officers shooting and killing him. This is just the latest in a series of APD-initiated shootings that have made headlines in recent years.
Enough is enough. Ask Albuquerque Mayor Richard Berry to change the training and culture of APD so these tragedies are not repeated.
Many of you have already watched the disturbing footage of the incident captured on one of the officer's helmet cameras as officers gun down a seemingly compliant Boyd. APD chief Gordon Eden was quick to proclaim the shooting "justified," but the video footage leaves us with questions.
Thankfully, the U.S. Department of Justice is already looking into the APD's use of force. The ACLU of New Mexico is pressing the Department of Justice to include Boyd's death in its investigation.
Urge Mayor Berry to take responsibility for implementing much-needed reforms of APD's officer training and use of force policies.

By Vicki B. Gaubeca, Director of the ACLU-NM Regional Center for Border Rights

Sixteen-year old José Antonio Elena Rodriguez was walking near the U.S.-Mexico border in Nogales, Sonora, Mexico to meet his brother for a late-night snack when he was fatally shot by U.S. Border Patrol agents. An autopsy later showed the body of the teenager had been riddled with 10 bullets that had entered his back and head. Mexican officials also said it seemed there were two agents who shot at least 14 times. More than a year later, the U.S. government has yet to issue a public explanation of what happened, or to release stationary video footage, except to allege that he was part of a group throwing rocks at Border Patrol agents who were up on a hill, behind the 60-foot tall border fence. 

This week, the ACLU of New Mexico Regional Center for Border Rights is joining an ACLU delegation and participating as a civil society member in a review of the U.S. record on human rights under the International Covenant on Civil and Political Rights, in Geneva, Switzerland.

A chief concern presented to the U.N. Human Rights Committee has been the rash of lethal use-of-force incidents at the border, including the death of Elena Rodriguez. Since January 2010, at least 28 civilians have died following an encounter with U.S. Customs and Border Protection (CBP) personnel; 27 died as the result of use of force. These deaths include numerous cases of individuals being shot in the back, across international borders, and in response to alleged rock throwing. One-third of the deaths are of U.S. citizens and one-third of minors, including three boys aged 15, 16 and 17, who were fatally shot while standing on the Mexican side of the border.

CBP’s fundamental lack of oversight, accountability and transparency has created a culture of impunity for agents who violate agency policy or their domestic and international legal obligations. In addition, Border Patrol rejected some core changes to its use-of-force policies recommended by national law-enforcement experts at the Police Executive Research Forum (PERF), including how to respond to rock and vehicular assaults, and has refused to release those recommendations publicly.

In addition to providing testimony at informal and formal briefings, we hand-delivered the Human Rights Committee a letter signed by more than 75 border-wide and national organizations and individuals that demanded, among other key items, that CBP’s use-of-force policy and practice fall in line with the highest professional law enforcement standards and comply with international human rights standards on law enforcement conduct, with particular emphasis on improving accountability and increasing transparency with the general public and directly impacted families and individuals.

It is our hope that international pressures will result in closure for the family of Elena Rodriguez and that improved use-of-force policies and training will prevent further unnecessary deaths.

Read more about ACLU’s use-of-force recommendations for CBP  and more information about the ACLU delegation to the ICCPR review and the ACLU shadow report .

ACLU of New Mexico files lawsuit on behalf of Albuquerque woman who was sexually assaulted by her parole officer

 
 
ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico filed a civil rights lawsuit against the New Mexico Corrections Department and Gordon Chavez, a former probation and parole officer who sexually assaulted a woman under his supervised release. Chavez pleaded guilty to a civil rights violation against parolee Susie Zapata and was sentenced in federal court this week to serve 18 months in prison for his crimes.

“The public entrusts parole officers with the very important task of helping people rehabilitate and reintegrate back into society after incarceration,” said ACLU-NM Legal Director Laura Schauer Ives. “Former officer Chavez betrayed our client and the public trust by using his position of tremendous power and authority to abuse and humiliate a person he was supposed to be helping. We cannot tolerate this kind of misconduct by law enforcement officers.”

Chavez began sexually harassing her with inappropriate questions and comments soon after he began supervising her. Chavez’s conduct steadily progressed in its severity, culminating with explicit groping and sexual assault of Ms. Zapata, who feared that if she did not comply she would lose her probation and parole.

The FBI became involved after Zapata decided to come forward, and federal agents helped Zapata record Chavez admitting to the assault in a subsequent meeting. After the admission, agents arrested Chavez.

The lawsuit filed by the ACLU of New Mexico on Zapata’s behalf, alleges that former officer Chavez violated Zapata’s constitutional rights and alleges negligence on the part of the New Mexico Corrections Department for their failure to provide adequate information and resources for probationers to report parole officer misconduct.

A full copy of the legal complaint can be read here: https://www.aclu-nm.org/wp-content/uploads/2014/03/201403061527.pdf

ACLU-NM Legal Director Laura Schauer Ives and Cooperating Attorney Nicole Moss represent the plaintiff in this lawsuit.
 

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