Albuquerque Police officers responsible for the Taser related death of Jerry Perea were found recently to have used excessive force resulting in Perea’s death. On April 4, 2016, the US Court of Appeals for the Tenth Circuit determined that Officers David Baca and Andrew Jaramillo used excessive force when they tasered Jerry Perea ten times in two minutes. This determination by the court is a huge victory for the family of Perea who filed a lawsuit against the officers and the Albuquerque PD back in
2013. This determination waived the officers’ qualified immunity by showing that constitutional violations occurred, specifically the fourth amendment right which protects against excessive force. The family’s law suit for civil rights violations can now proceed.
Albuquerque Police were called in reference to Perea acting hopped up on drugs and pacing in the front yard clutching a bible and a crucifix. When police arrived, they observed Perea riding away on his bicycle. Knowing only that Perea matched the description of the subject they were looking for, they chased after Perea and tackled him from his bicycle. The court determined that officers never identified themselves nor did they ask or command Perea to get off of his bike. Once he was on the ground, Officers proceeded to Taser Perea ten times two minutes. Officers then saw that Perea wasn’t breathing. According to APD, the officers revived Perea who was conscious for several minutes until paramedics arrived. He died while being transported.
Mainstream media reports at the time of the incident did what they could to shift blame away from the officers, blaming Perea, who was never alleged to have committed a crime. Many news reports claimed that Perea’s death was due to “excited delirium”,drug abuse or even his weight as a factor. The court’s determination that police use of force was excessive and unjustified came about based on the following information: the force used was disproportionate to the initial offense; use of Taser ten times in two minutes was excessive and a misuse of the equipment; after being tased the first time, his level of resistance did not meet the level required for the amount of force to continue. According to reports from the officers, Perea attacked them with a crucifix. The court found that the size and shape of the crucifix is irrelevant as it does not meet the requirement to have been seen or qualified as “armed.” The court concluded “But disproportionate use of a taser, and repeated use of a taser against an effectively subdued individual, are clearly established constitutional violations…. We simply affirm the district court holding that, under our precedent, no reasonable officer could conclude that continuing to taser a subdued detainee is constitutional.”
Albuquerque PD has had a dark and troubled history. This case is one of several high profile cases involving excessive force or the death of unarmed subjects. Since 2010, the APD has shot and killed twenty seven people. They have the highest police shooting rate in the country beating out both the NYPD and Chicago PD. Statistics don’t lie. Albuquerque PD has become one of the most violent police agencies in the country. Thanks to the tenth Circuit Court of Appeals, these cops will have their day in court.
http://caselaw4cops.net/cases_new/perea_v_baca_14_2214_10cir_2016.html
http://www.abqjournal.com/216739/officers-cleared-in-death-of-man-holding-crucifix.html
