Truth would be clearer if lapel camera had been on

A wrongful death lawsuit is targeting the Albuquerque Police Department, saying it was negligent and unlawful in its handling of the death of a 19-year-old woman suspected of driving a stolen truck who was shot and killed in 2014 by former Officer Jeremy Dear as she ran from him.

The family of Mary Hawkes claims in a lawsuit that APD improperly accepted Dear’s explanation of how Hawkes was killed. Dear claimed he shot Hawkes after she pointed a gun at him. The lawsuit claims that scientific evidence shows that story is “implausible.” Dear’s on-body camera was unplugged during the shooting, so there was no recording of the encounter as required by APD policy.

The lawsuit says an independent ballistics expert found that Hawkes was shot while falling down. It also claims there was no evidence Hawkes ever touched a gun reportedly found near her.

“Instead of conducting a competent officerinvolved shooting investigation, (police) Chief (Gorden) Eden placed officer loyalty over a search for the truth thereby betraying the Hawkes family,” the lawsuit states.

Eden did fire Dear about six months after the shooting, in part for violating an order requiring him to turn on his lapel camera during all citizen encounters. Dear’s appeal over his firing is pending.

The allegations in the lawsuit are serious and will either be decided by a jury or resolved in a settlement that could cost taxpayers dearly.

And once again, the power of video can’t be overstated. In Chicago, a white police officer who shot a black teenager who was carrying a knife was exonerated until a video turned up revealing the officer had shot the youth while he was a distance away and didn’t appear to be a threat.

Back in Albuquerque, if Dear’s lapel camera had been plugged in and recording as required, the truth would have been much clearer from the beginning of this unfortunate saga.