Fatal APD shooting case now up to jury

ALBUQUERQUE (KRQE) - The family of Kenneth Ellis III insists he did not deserve to die when he was shot and killed by an Albuquerque police officer more than three years ago.

His family sued.

Now, a jury will decide how much the city of Albuquerque and two Albuquerque police officers might have to pay.

Jury members got the case a little after 1 p.m. on Thursday. They deliberated until about 5 p.m. before going home for the evening without reaching a verdict.

The judge has already ruled that Albuquerque Police Department Officer Brett Lampiris-Tremba used excessive force when he shot and killed Ellis. Ellis, 25, held a gun to his head outside a convenience store after being stopped by police.

A large part of what jury members have to decide is should they award damages to the Ellis family and if so, how much?

The actions of APD Officer Trey Economidy were called into question, too. He is the officer who made the initial traffic stop that led to the shooting.

The Ellis family has argued that traffic stop was illegal.

They have also argued the city is partially to blame for Ellis’ death because the city shouldn't have hired Lampiris-Tremba in the first place.

Lampiris-Tremba has admitted to lying on his APD application about past marijuana use and the use of a fake ID to buy alcohol.

“It does train its officers to communicate. Where it failed was in hiring and retaining a man who was incapable of comprehending the awesome responsibility he bore,” says Shannon Kennedy, the attorney for the Ellis family.

“What happened on Jan. 13, 2010, was a tragedy.  But it's not a tragedy because this man became a police officer in this community,” says Kathy Levy, deputy city attorney.

Lampiris-Tremba testified for two days in this case. Even though the judge ruled he used excessive force, he insisted he made the best decision he could.