Cop who kicked suspect wants job back

ALBUQUERQUE (KRQE) - Nicholas Blume was down.

The suspected thief and gang member, believed at the time to be armed and dangerous, was chased into a parking garage on  Feb. 13, 2011, by Albuquerque officers John Doyle and Robert Woolever.  It was Woolever who took down Blume from behind and then struggled to subdue him.

Doyle then entered the picture recorded by a surveillance camera and started kicking the downed suspect connecting around a dozen times in total and hitting Blume in the shoulders and head.

Both officers later said they were worried Blume had a gun in his waistband and was reaching for with his hidden right hand. It turned out Blume did not have a gun, but  according to testimony at an administrative hearing Wednesday, he did have several knives.

Although an initial investigation found both officers' actions justified, a follow-up investigation overturned that saying excessive force was used. In November, both Doyle and Woolever were fired.

But both former officers are appealing that decision. Wednesday, an administrative hearing to determine whether Doyle will get his job back began.

At the hearing, Doyle's attorney John D'Amato made the case that Doyle's kicks were intended to hit Blume's shoulders and arms and was a distraction technique intended to subdue an uncooperative suspect. That position was backed up by a former APD commander during testimony today.

Deputy City Attorney Kathy Levy argued that Doyle's kicks to the head amounted to deadly force, something that simply wasn't called for in this situation.  Doyle had several better options to help his partner subdue Blume, she said.

The administrative hearing is scheduled to continue Thursday although D'Amato does not expect a ruling until late September. Woolever's administrative appeal hearing starts later this month.