NM Daily Lobo 092011

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DAILY LOBO new mexico

September 20, 2011

Yes, more Spongebob

tuesday

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The Independent Voice of UNM since 1895

Investigation of APD approved by Luke Holmen holmen@unm.edu

Zach Gould / Daily Lobo Robert Encinio (left) consoles Kenneth Guy Ellis Jr., whose son, Kenneth Elias III, died in an incident with police in January 2010. Ellis and Encinio, brother-in-law to Elias III, called for an investigation of APD by the Department of Justice following the 20 officer-related shootings in the last 20 months. Albuquerque City Council unanimously passed a resolution calling for a justice department investigation Monday night.

Protesters banded together in the City Council chambers Monday, calling for the Department of Justice to investigate alleged APD misconduct in a series of 20 police shootings in the last 20 months, 14 of which have been fatal. Albuquerque Mayor Richard Berry vetoed a City Council resolution last month that asked for a DOJ investigation, and the City Council failed to override the veto at a Sept. 7 council meeting. During Monday nightโ€™s council meeting, Rey Garduรฑo, district sixโ€™s city councilor, proposed a new resolution in favor of a DOJ investigation. The resolution passed unanimously on Monday night. Activist Clarence Watley called for justice for all of Albuquerque. โ€œWe need a new Martin Luther King,โ€ she said. โ€œNobody wants their family members shot, not in the heights, not in the valley, not in Nob Hill; never in this city should that happen.โ€ Jewel Hall, president of the Dr. Martin Luther King Memorial Center Task Force on Social Justice for Public Safety, a group advocating for a DOJ investigation, said APD needs to be held accountable. โ€œHaving the justice department investigate would send a powerful message that Albuquerque is a city run by officials with nothing to hide,โ€ she said.

APD Deputy Chief Allen Banks said the department does all it can to make sure officers are held accountable, but he said an outside investigation by the DOJ isnโ€™t required.

โ€œI think there are some individuals that are bending and bypassing the law because of their position in society,โ€ ~Robert Encinio

protester

โ€œWe donโ€™t feel like that is necessary,โ€ he said. โ€œWeโ€™ve been doing (investigations) for many years, whether itโ€™s discipline or exoneration. We are making sure an investigation is done in each of these cases. Itโ€™s thorough, itโ€™s accurate, and we decide at that point whether there is going to be discipline or not.โ€ Banks said the public often fails to realize the difficult situations in which officers are placed, and said officers handle situations to the best of their ability and training. โ€œIt is a dangerous job,โ€ he said. โ€œOfficers have to live with this for the rest of their lives. They donโ€™t wake up every day saying โ€˜I need to go out and shoot somebody.โ€™ They are pro-

tecting the citizens of Albuquerque, and, unfortunately, deadly force situations are encountered and someone can end up being hurt as a result, but this affects everyone.โ€ Banks said investigations at APD are conducted by a task force of multiple agencies including the District Attorneyโ€™s Office and an independent review officer to ensure there is no bias when addressing issues of possible officer misconduct. Kristine Poteet, 11, and 8-yearold Alegra Scarborough read a poem during the public comment section of the council meeting. โ€œWe raise up our voices in voice to mourn the 13 husbands, fathers, sons, grandsons felled by the APD, keepers of the peace,โ€ they said. โ€œThey didnโ€™t have to die,โ€ Poteet said the issue is personal to her. โ€œI personally know someone that was shot,โ€ she said. โ€œTony Lujan. I saw him at my best friendโ€™s house every time I went there. He died because a cop shot him.โ€ Former overseas law officer Robert Encinioโ€™s brother-in-law, Kenneth Ellis III, was killed in a January 2010 incident with APD that is currently under investigation by a grand jury. โ€œI think there are some individuals that are bending and bypassing the law because of their position in society,โ€ Encinio said. โ€œIndividuals in high ranks are too afraid to

see Protest PAGE 3

Reckless skaters escape penalties by Chelsea Erven

news@dailylobo.com Student Veterans of UNM has decided to take action on a problem members say hasnโ€™t been properly enforced on campus: skateboarding. Joseph Boyd, the groupโ€™s president, said out-of-control skateboarders threaten the safety of disabled veterans and students alike. โ€œItโ€™s a safety issue,โ€ he said. โ€œIโ€™d like to see the problem solved before someone gets really hurt. Sometimes, with UNM, it takes something really bad happening for a change to occur, but I donโ€™t want that to happen in this case.โ€ Boyd said disabled veterans are especially vulnerable. Student Jack Hill served 15 years in the U.S. Navy, and was honorably discharged. He was deployed to Somalia, Haiti, Bosnia and Afghanistan and served three tours in Iraq. He said he sustained several injuries, but ultimately was โ€œone of the lucky ones.โ€ Still, Hill canโ€™t get around campus without the help of his 165-pound service dog, Captain. Hill said he and Captain were hit by skateboarders on campus twice last Tuesday, once on a handicap ramp. โ€œI have mobility issues,โ€ he said. โ€œIf I get hit, Iโ€™m going down.โ€ Hill said thereโ€™s an easy solution to the problem. โ€œIโ€™m not a guy who brings up problems unless thereโ€™s a solution,โ€

Inside the

Daily Lobo volume 116

issue 22

he said. โ€œThere need to be cops patrolling in the mall, by the duck pond, patrolling on foot, where they can see whatโ€™s happening.โ€ Boyd said a meeting with the UNMPD and the Dean of Students Office is scheduled for Wednesday to discuss the issue. โ€œThere are policies about skateboarding, but lack of enforcement is the problem,โ€ Boyd said. UNMPD spokesman Lt. Robert Haarhues said itโ€™s difficult to catch law-breaking skateboarders. โ€œWe get a lot of calls about it, but by the time we get there theyโ€™re gone,โ€ he said. Haarhues said skateboarders that UNMPD does catch get referred to the Dean of Students office if they are UNM students. If they are not students, they are asked to leave campus for the day. Robert Burford, student conduct officer in the Dean of Students office said he only receives a few complaints each year regarding skateboarders. He said the skateboarderโ€™s name is required to file a complaint. Hill said he couldnโ€™t have gotten the name of the skateboarder who hit him. โ€œThe guy hit Captain and just said, โ€˜Sorry dudeโ€™ and kept on rocking,โ€ he said. Burford said his office evaluates every complaint. โ€œWhen we get a report of a violation of a policy here in our office, it is evaluated to see if there has actually

been a policy violation,โ€ he said. โ€œIf there has been or seems there has been, then a e-mail or letter goes out to the student informing them that we need to get their side of story, so we can make an informed decision as to whether an actual policy violation has occurred.โ€ Burford said if a violation has occurred, punishment could range from a warning to suspension. He said those who want to skateboard on campus should review UNMโ€™s skateboard policies. โ€œIf all skateboarders would adhere to keeping all four wheels on the ground and bicyclists would adhere to keeping both their wheels on the ground, then the UNM Campus would have far fewer incidents of issues with pedestrians and damages to property here at UNM,โ€ he said. The Daily Lobo ran a story about skaterboarders, โ€œSkaters grind on publicโ€™s patienceโ€ Sept. 12, which elicited responses from local neighborhood members saying the issue extends to neighborhoods surrounding UNM as well. A Daily Lobo poll on skateboarding on campus garnered 116 responses, 54 percent of which agreed that โ€œ(Skateboarders) need to be more careful. Iโ€™ve almost been hit once or more.โ€ Hill said he shares the sentiment. โ€œItโ€™s definitely grinding on my patience,โ€ Hill said.

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Juan Labreche / Daily Lobo UNM student and disabled veteran Jack Hill recounts his negative experiences with skateboarders on campus. Hill said he and his service dog, Captain, were hit twice by skateboarders, one of which was on a handicap ramp.

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