ALBUQUERQUE, N.M. — Prosecutors have agreed to drop an aggravated assault charge against a former Albuquerque police officer who is scheduled to stand trial next week in the on-duty shooting death of a homeless man.
Former Officer Dominique Perez and now-retired Detective Keith Sandy were both charged with second-degree murder and other counts in the death of James Boyd, 38, who was shot in March 2014 after an hours-long standoff captured on police video.
A court filing Tuesday shows Perez’s defense attorney and special prosecutor Randi McGinn agreed to have an aggravated assault charge against the former officer dropped.
Under the agreement, Perez’s lawyers won’t dispute assertions at trial that he fired a shot that struck Boyd in the back. Opening statements in the trial are scheduled for Monday.
Prosecutors had filed the lesser charge against Perez at a time when they anticipated the possibility of his attorneys arguing that none of the shots he fired had hit Boyd.
The two former officers were among nearly 20 called on March 16, 2014, to Albuquerque’s Sandia Mountain foothills, where Boyd — who was mentally ill — had been camping behind a home. Authorities said he was wielding knives during the standoff.
Sandy’s attorney has filed a motion seeking to have an aggravated battery charge against the retired detective dismissed. It will be argued at a hearing this week.