ALBUQUERQUE, N.M. – A special prosecutor has dismissed a second-degree murder charge against one of two former Albuquerque police officers who fatally shot a homeless man during an hourslong standoff.
Special Prosecutor Randi McGinn filed the notice to dismiss the charge against former Officer Dominique Perez on Monday, more than a month after a jury trial for Perez and another officer charged in the shooting ended with a judge declaring a mistrial because jurors said they could not come to an agreement on a verdict.
The notice to dismiss was filed "without prejudice," which leaves open the option for prosecutors to file charges later.
Perez was a SWAT officer at the time of the March 2014 shooting that killed camper James Boyd. Now-retired Detective Keith Sandy also opened fire.
McGinn did not dismiss the second-degree murder charge against Sandy.