Lawsuit filed against City of Albuquerque and motel owners over shooting death in police car

Yahoo

a day ago

ALBUQUERQUE, N.M. (KRQE) – The family of Matthew 'Solo' Garcia is demanding justice following his death after police shot him while he was handcuffed in the back of a patrol car. They are suing multiple parties, including the city and a motel owner, claiming responsibility for his death.
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One of the attorneys representing the Garcia family, Frances Crockett Carpenter, said, 'This was a human life. This was a human who deserved the same constitutional protections as everyone else.'
'They had no right to approach his home. They had no right to question him. They had no right to arrest him and handcuff him,' said Taylor Smith, another attorney representing the family.
On October 18, 2024, the city was conducting a code enforcement cleanup at the Tewa Lodge due to various safety concerns and criminal activity. APD (Albuquerque Police Department) was present to assist when they encountered Garcia, who was living at the motel. Police deemed him suspicious, so they handcuffed him and placed him in the back of a police car.
Attorneys highlighted a series of issues with this arrest, beginning with the fact that Garcia was not pat down, as shown in police body camera footage. In the video, an officer can be heard saying, 'Hey, can you just keep eyes on him, please? He's moving a lot, and I haven't searched him yet.' The police later discovered that Garcia was armed. One officer asked, 'What do you have in your hand, dude?' to which Garcia replied, 'A gun.' The shooting unfolding quickly, with one officer trying to grab the gun while two others opened fire from the opposite side of the car.
The attorneys also pointed out that some of the officers present lacked proper training and had a history of failing to pat down suspects. Carpenter saying, 'You make sure that your officers are trained and when they don't follow their training, they're disciplined for it. They get additional remedial training.'
The attorneys also cited that the city's code enforcement department also holds some of the responsibility, arguing that they failed to notify the residents of the Tewa Lodge about the planned shutdown, violating eviction laws. They also added that the motel owners contributed to the situation by neglecting the property's upkeep, which allowed criminal activity to flourish and led to the city's intervention. 'The Tewa Lodge could have provided notice to those individuals saying you have a couple of days to get rid of the criminal activity, otherwise I have to evict you and follow the court process,' said Smith
In response, the city send News 13 a statement:
The City will be prepared to respond to the allegations in court.
In these tough times, it's critical that our City cracks down on nests of crime, drugs and neglect. We cannot allow vulnerable people to be preyed upon, trafficked, or forced to live in squalor. That's why we're taking action to clean up problem properties across the city.
When motels fail to meet basic living standards, they put tenants and the public at serious risk. From electrical hazards, disabled smoke alarms and blocked exits, to broken plumbing and pest infestations, these properties are dangerous. Code enforcement is taking action to hold them accountable, and their efforts are about health and safety, not policing.
Staci Drangmeister, Director of Communications, Mayor's Office
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