SB 227 handcuffs police in the fight against crime
Bill leaves officers with two options: shoot or retreat
Recent tragic events are a cruel reminder of the danger that law enforcement officers face every day. New Mexico State Police officer Darian Jarrott was shot and killed during a traffic stop. As officers and deputies attempted to apprehend Jarrott’s killer, the murder suspect shot Las Cruces Police Department officer Adrian De La Garza. Closer to home, two Bernalillo County sheriff’s deputies were forced into a gun fight with a suspect who fired at the deputies first. There are numerous other “close calls” throughout our state which never come to the public’s attention.
During my 24 years in law enforcement, I have witnessed many acts of heroism and kindness by my fellow deputies. Sadly, I have also grieved the murders of too many fellow deputies and officers at the hands of criminals . ... I am keenly aware of the dangers facing deputies and officers every time they are on duty . ... As I struggled with recent events, I came across Senate Bill 227 . ... I was stunned. How could anyone who knows the dangers faced by law enforcement propose legislation that makes it even more dangerous to be a cop? .... Jarrott’s death compelled me to take action. So, I write to explain why SB 227 is a threat to law enforcement and to you.
Simply stated, SB 227 transforms law enforcement officers into secondclass citizens, stripping them of the rights that belong to all of us . ... Favoring the welfare of criminal suspects above all others, SB 227 threatens the safety — if not the lives — of officers and deputies.
As explained in the U.S. Supreme Court case D.C. v. Heller, 554 U.S. 570 (2008), every citizen has the right to self-defense. It is a preexisting natural right recognized and protected by the U.S. Constitution. The court in Heller held that the Second Amendment guarantees the right to possess a firearm and to use that firearm for traditional, lawful purposes, including self-defense. However, SB 227 functionally takes away an officer’s right to self-defense — an inalienable, fundamental right as recognized by the U.S. Supreme Court . ...
If enacted, SB 227 will require an officer to exhaust every possible option to avoid a physical confrontation with a suspect. This includes retreating — something a New Mexico citizen is not obligated to do when confronted by a dangerous person. Exhausting every option may sound reasonable in theory. In the real world, however, the delay imposed upon an officer to try every possible option makes it more likely that a suspect can take action before an officer can react sufficiently to defend him or herself. Instead of reacting reasonably to the immediate danger posed by the criminal suspect, law enforcement officers will be required to exhaust all possible options even when the officer knows such options will be ineffective under the circumstances . ...
Further, it makes no sense SB 227 will require an officer to exhaust all possible options to avoid a confrontation with a suspect but simultaneously seeks to ban the nonlethal options (including) chemical agents such as OC spray, the use of police service dogs to apprehend suspects, and less-lethal projectiles/munitions. Apparently, the authors of SB 227 forgot to consider the reasons why law enforcement uses these valuable tools. In the 1990s, law enforcement was using deadly force against individuals armed with edge weapons and objects such a bats and boards that can cause blunt-force trauma. Looking for ways to avoid the use of deadly force in such situations, law enforcement found less-lethal means to subdue dangerous subjects. And, I am proud to report there are people in our community who are still with us today because they were stopped by less-lethal means. I cannot imagine why anyone wants to return to the days when an officer’s only option for dealing with a dangerous suspect was a firearm or — as SB 227 now proposes — retreating.
... Because SB 227 compels officers to avoid confrontations with criminal suspects that may lead to the use of force, the suspect can effectively use violence or even the threat of violence to ensure escape from arrest. With 15 homicides in the Albuquerque metro area during January, we do not need any more violence to visit our community. Instead, we must equip our officers with the tools and authority necessary to quell the violence that plagues our community.
Forbidding law enforcement to effectively address criminal violence invites more crime and more violence . ... I implore you not to handcuff the police . ... If you long for a better, safer life for you and your loved ones, please tell your state representatives to vote against SB 227.