Sheriff’s Office to probe death of 88-year-old

Deputies shot pepper balls, unleashed K-9 on widower

Bernalillo County Sheriff Manuel Gonzales III has ordered an internal affairs investigation “to better understand the totality of the events that transpired” in connection with 88-year-old Fidencio Duran, who died in October, a month after deputies shot him with pepper balls and he was injured by a K-9 dog.

“I would like to express my deepest condolences to the family and friends of Mr. Fidencio Duran for their loss,” Gonzales said in a statement issued Monday. “Mr. Duran’s death was an unexpected tragedy, and one we all share because we too are members of this community.”

BCSO spokesman Sgt. Aaron Williamson said Monday that deputies’ reports on the incident have been turned over to the District Attorney’s Office, which is still reviewing them.

Distraught by the death of his wife a day earlier, Duran on Sept. 15 was found by sheriff’s deputies wandering the streets near his South Valley home, shirtless and wearing one shoe. As deputies approached, they said, Duran waved a knife and told them to shoot him. After a 90-minute standoff in which Duran refused to drop the knife, the deputies shot him with pepper balls — similar to paint

balls but filled with a stinging chemical.

They also let loose a K-9 that knocked Duran to the ground, resulting in breaks to his pelvis and femur.

Confined to a bed, Duran died in a hospital a month later from pneumonia.

The medical investigator ruled the death a homicide, according to the autopsy report, which also noted at least 10 marks on Duran’s body caused by the pepper ball strikes.

A lawsuit filed in January by Duran’s family claims that had the deputies been wearing lapel cameras, Duran might still be alive and asks that BCSO deputies be forced to use them.

Although there is no video of the incident, there is a belt-worn audio recording on which family members are heard telling deputies at the scene that Duran had Alzheimer’s disease.

Also heard on the audio recording are deputies discussing how to end the standoff:

“Dude, I think that pepper ball (gun) might be awesome, you know what I mean?” one unidentified deputy said to another. “We’re on the same page, dude. We’re going to go less lethal, and if that doesn’t work, we’ll do something else.”

However, another deputy cautioned them, “Let’s not do less lethal. Let’s keep him talking, as long as he’s willing to talk.” Another deputy reminded his colleagues, “He’s 90 years old. He’s not going to sprint at us.”