posted on Dec, 7 2013 @ 02:32 AM
Apparently both sides acted inappropriately -
The State Police have fired the officer involved.
Officer in New Mexico minivan shooting is
SANTA FE, N.M. – The New Mexico State Police officer who fired shots at a minivan full of children during a chaotic October traffic stop has
been fired, a spokesman with the law enforcement agency said Friday.
Lt. Emmanuel Gutierrez, a State Police spokesman, said he confirmed with State Police Chief Pete Kassetas that Officer Elias Montoya was no longer
employed by the department. Montoya's termination was effective at 5 p.m. Friday.
Montoya has 30 days to appeal his firing to the Public Safety Advisory Commission, which is made up of civilians appointed by the governor. Montoya,
who had been with the department for about 12 years, doesn't have a listed phone number.
The officer was placed on administrative leave with pay earlier this week following an investigation into the shooting outside the northern New Mexico
tourist town of Taos. On Tuesday, he was notified that the agency proposed to fire him, and Kassetas, in consultation with Department of Public Safety
Secretary Gorden Eden, made the final decision after a disciplinary hearing Thursday.
Gutierrez issued a brief statement on the firing, but agency rules call for no additional public comment because it's a personnel matter that can be
Ive stated time and again that there are many facets to police shootings..
The investigation involved -
An IA investigation into the officers actions with regards to department policy.
An investigation into the shooting itself, usually handled by several agencies.
An investigation into the shooting itself by the Prosecuting attorney's Office.
An investigation into possible civil rights violations.
Any of the above can occur, and does not require the same outcome.
As an example while the officers actions may be justified under state / federal law (*use of force) his actions may very well have violated Department
Policy, resulting in termination.