National Roundup

New Mexico
Lawyers: Police officers to face charges in killing

ALBUQUERQUE, N.M. (AP) - Lawyers for two Albuquerque police officers say both will face charges in the March killing of a homeless camper, a shooting that generated sometimes violent protests around the city and sparked a federal investigation.

Sam Bregman, lawyer for former Detective Keith Sandy, told The Associated Press on Monday that Sandy will face a murder charge in the death of 38-year-old James Boyd.

Luis Robles, an attorney for SWAT team member Dominique Perez, also says Perez will face charges in connection with the shooting.

Police say Perez and Sandy fatally shot Boyd during an hourslong standoff in the Sandia foothills. Helmet video appeared to show Boyd surrendering when officers opened fire.

The lawyers say their clients will be cleared of wrongdoing.

A spokeswoman for Second District Attorney Kari Brandenburg declined to comment.

Ohio
Sheriff releases 72 inmates after jail budget cuts

AKRON, Ohio (AP) - An Ohio sheriff closed a wing of his jail over the weekend and released 72 inmates because of budget cuts he says are restricting his ability to safely run the facility.

The move by Summit County Sheriff Steve Barry in Akron on Sunday reduced the county jail's overall capacity by 149 beds, from 671 to 522.

Barry, who began his sheriff's office career in 1979, could not recall a similar release of so many inmates in the past, the Akron Beacon Journal reported.

"For the safety of everyone in this facility, not only the sheriff but the inmates as well, we're doing what we have to do due to the financial situation of this county," Berry said.

The jail received about 50 new inmates over the last two days, complicating Sunday's release, the sheriff said. Most of those released were being held on low-level, nonviolent felony charges, and didn't include anyone charged with murder or rape. The sheriff said authorities tried to contact the victims in every case.

Family members and social service agencies greeted the inmates, who then headed to shelters, alternative sentencing programs or home.

Cuts in state funding for local municipalities have squeezed the sheriff's budget, along with voters' November rejection of a county sales tax increase that would have generated about $20 million a year for 10 years. The sheriff said Sunday he didn't know what the solution was.

Antonio Spragling of Akron, who was awaiting trial, was released Sunday after 47 days in jail following his arrest last year on drug charges and violation of a protection order.

"I look at it as a second chance and I'm not going to let anyone down," the 50-year-old Spragling said.

David Kennedy of suburban Barberton and Joseph Griffin Jr. of Akron, waiting for relatives to be released, said they wished there were more programs to help ex-inmates and more businesses willing to hire them.

FI Community Housing of Akron set up a table of hats, scarves and gloves for inmates, and offered emergency shelter to anyone who needed it.

New York
NYC paying $17M to settle wrongful conviction cases

NEW YORK (AP) - New York City will pay $17 million to settle three wrongful criminal convictions.

City Comptroller Scott Stringer said Sunday that the settlements involve cases handled by retired homicide detective Louis Scarcella.

Scarcella's tactics have come under scrutiny and are being reviewed by the Brooklyn district attorney's office. He has denied any wrongdoing.

The cases involved three half brothers; one died in prison.

Robert Hill, Alvena Jennette and Darryl Austin spent a combined total of 60 years in prison before their convictions were vacated by a judge in May.

Stringer told The New York Times (http://nyti.ms/1A7vdjC ) he believed the city should avoid litigation - if found liable at trial - in which it could face exposure to high damages.

Stringer has previously reached two other pre-litigation deals involving major civil rights cases.

Texas
Lawyer: 'Nothing unreasonable' about stun gun on 76-year-old
VICTORIA, Texas (AP) - The lawyer for a Texas police officer fired for using a stun gun on a 76-year-old man says there was "nothing unreasonable" about using that level of force during a traffic stop that was captured on dashboard camera video.

Former Victoria police officer Nathanial Robinson was terminated last week, less than a month after the video from his patrol car on Dec. 11 garnered international attention. Robinson plans to appeal his firing, attorney Greg Cagle told the Victoria Advocate in a story published Sunday.

Cagle said Robinson, 23, acted constitutionally within the law. Robinson stopped Pete Vasquez for an expired vehicle inspection sticker, and video captured Robinson grabbing Vasquez's arm and pushing him onto the police cruiser.

The footage didn't show what happened between the two after falling on the ground. Cagle said Vasquez kicked the officer, and that the level of resistance was a basis for using the stun gun and arresting Vasquez.

"There's nothing unreasonable at all about that level of force," said Cagle, adding that Vasquez "wasn't injured. He scratched his elbow and hurt his feelings, but those aren't injuries in the constitutional sense."

Victoria Police Chief Jeff Craig has said Robinson violated policies that included conduct and the use of force.

He also personally apologized to Vasquez.

A criminal investigation into the traffic stop was completed by the Texas Rangers, who turned their findings over to local prosecutors for review.

Cagle is an attorney for the Texas Municipal Police Association. Kevin Lawrence, the group's executive director, said it has become more common for administrators and politicians to not stand behind police officers.

"Why we're not giving them more benefit of the doubt today, I don't know," Lawrence said.

"If you think he could have done it different or better, then that's a training issue," Cagle said. "I think he deserves his job back, and that's what we're going to try to do."

Published: Tue, Jan 13, 2015