Hawkes had a gun
No evidence that Dear planted a gun at the scene
No evidence of video tampering
The Bernalillo County District Attorney's office has cleared former Albuquerque police officer Jeremy Dear in the April 21, 2014 fatal shooting of suspected car thief Mary Hawkes.
But that decision that Dear's shooting of Hawkes was justified, which was sent to Dear's attorneys, and APD Chief Michael Geier on Feb. 20, came too late for city taxpayers because last month, Mayor Tim Keller's administration settled a civil wrongful death lawsuit with the Hawkes family for $5 million.
(Photo: Jeremy Dear.)
The decision to not file charges against Dear said that Hawkes did indeed have a gun and that Dear was reasonable in fearing for his life the night he shot her. It also said that an Oct 5, 2017 ruling by state District Court Judge Nan Nash that the shooting was unreasonable as a matter of law would have been inadmissible in a criminal case.
Here's what the decision said how difficult it would have been to prosecute Dear:
Here's what the decision said about Hawkes' behavior that night:
Hawkes, a suspected car thief, was fatally shot during a foot chase. Dear's lapel camera either wasn't working or was unplugged, and there was no video of the shooting.
Dear was fired from APD in December of 2014 for insubordination and repeatedly failing to activate his lapel camera. He fought to get his job back, but last week, a state court judge sided with the city and said Dear's firing was justified.
(Photo: Mary Hawkes.)
Dear said he fired at Hawkes, 19, five times as he was chasing her through Southeast Albuquerque, and after she pointed a gun at him. Hawkes was hit three times.
The Hawkes family argued in their lawsuit that scientific evidence did not support Dear’s version of events. The bullet trajectories, they said, showed the “impossibility of his account” and Hawkes’ fingerprints and DNA were not present on the gun found at the scene.
And here's what the decision said a bout Judge Nash's October ruling in the civil case: