ALBUQUERQUE, N.M. (KRQE) – No charges will be filed against former Albuquerque Police Department officer Jeremy Dear for killing 19-year-old Mary Hawkes.
A team of special prosecutors has cleared Dear in the shooting. Back in 2014, Dear claimed Hawkes, a suspected truck thief, turned and pointed a gun at him before he gunned her down.Read the letter from prosecutors to APD Chief Geier »
This week, prosecutors say after reviewing the evidence and interviewing witnesses, they cannot prove beyond a reasonable doubt that Dear did not believe Hawkes posed a threat when he shot her.
The criminal case against Dear is now closed. Last month, the city settled a wrongful death lawsuit with the Hawkes family for $5 million.
Thursday night, the Hawkes family’s attorney issued the following response:
District Attorney Raul Torrez promised officer-involved shootings in Albuquerque would receive impartial review under his stewardship. The findings in the Hawkes’ case and, more importantly the gross mischaracterization of the evidence in the Hawkes’ case, demonstrate that his promise was hollow. Mr. Torrez’s “investigating” attorneys misstate basic, undisputed facts. Mr. Torrez’s “investigating” attorneys acknowledge the City’s destruction of evidence in the case, but at the same time, somehow claim a district court judge’s considered ruling on spoliation defies logic. Mr. Torrez’s “investigating” attorneys ignore critical physical evidence, including the OMI report, and accept Jeremy Dear’s account of the night without question. Their omissions are stunning, their misstatements, alarming. Sadly, they either did not take the time to understand what happened on the night Jeremy Dear killed Mary Hawkes or, even worse, they actively skewed the evidence to protect a former officer from prosecution. As a result, we as citizens will continue to suffer more of the same–the continued failure of those in a position of power to thoroughly investigate the potential criminal acts of law enforcement. The family is disappointed to say the least.
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