No charges in 2014 shooting

2 SWAT officers shot, killed victim as he fled; family ‘devastated’ by decision

It’s the end of an era of sorts for Albuquerque police.

Prosecutors this month quietly closed the case and said no charges will be filed against the two officers who shot and killed Jeremy Robertson, 33, in July 2014. The shooting was the last involving officers on the SWAT and Repeat Offender Project teams, who were responsible for some of the most controversial shootings by Albuquerque police from 2010 through 2014, when more than 40 people were shot by police.

Michael Cox, a special prosecutor appointed by District Attorney Raúl Torrez, said in a letter to Albuquerque Police Chief Michael Geier that it was not possible to prove that officers Anthony Sedler and Ramon Ornelas didn’t believe that Robertson posed a threat to police or the public.

“No charges will be filed,” Cox wrote. “The case will be closed.”

Robertson was shot while fleeing officers who were trying to arrest him on a warrant for failing to check in with his probation officer. The shooting was Sedler’s third and Ornelas’ second.

“This case exemplifies APD’s culture of violence and extremely poor decision-making in 2014,” said Laura Schauer Ives, an attorney for Robertson’s family. “The family is devastated by the decision not to pursue charges against these officers who have killed multiple times without consequence.”

Schauer Ives said the city has tentatively agreed on a settlement with Robertson’s son, who filed a lawsuit over the shooting. She said the city and family are waiting for a court to approve the settlement.

Gilbert Gallegos, a police spokesman, said waivers were granted to give internal affairs a longer period for an investigation, which is ongoing.

Robertson told an acquaintance on the day he was shot that it was a “suicidal day” and that he would “never go back to prison.” He also made statements about how he was going to “kill them all” if police tried to arrest him, according to Cox’s statement of facts to Geier.

When plainclothes detectives approached Robertson at a gas station near Central and Eubank, Robertson fled across the busy intersection holding a pistol. He then ran through a vacant lot and was scaling a fence when Ornelas and Sedler each shot him twice as he neared the top. Robertson died at the scene, and a gun was found near his body, according to police.

Sedler told investigators, “I was afraid that someone was going to get killed if I let him get over that fence.” Ornelas echoed those statements, saying that Robertson would “kill and/or injure people” if he made it to the other side of the fence, according to Cox’s report.

The shooting happened a little more than three months after the Department of Justice announced that it had found Albuquerque police had a pattern of excessive force.

The DOJ’s findings launched Albuquerque police into a yearslong reform effort, which is ongoing.

As part of those reforms, Albuquerque police had to disband the ROP team, which had been tracking Robertson that day.

The department also had to make several changes to the department’s SWAT team. The team has consistently received praise from the independent monitor overseeing reforms.

Officers working on Albuquerque police’s SWAT and ROP shot and killed James Boyd in March 2014. A SWAT and ROP officer each stood trial for Boyd’s murder, which ended in a mistrial.