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Updated: Saturday, 09 Mar 2013, 1:38 PM MST
Published : Saturday, 09 Mar 2013, 1:11 PM MST
ALBUQUERQUE (KRQE) - In a trial that could cost the city loads of money an expert witness picked apart the Albuquerque police officer who shot and killed an Iraq war veteran testifying that the officer was trouble waiting to happen.
Former FBI agent and North Carolina Police Chief Melvin Tucker took the stand Friday questioning why the Albuquerque Police Department ever gave Brett Lampiris-Tremba a badge.
“My opinion was he shouldn't have been hired in the first place in 1997,” Tucker said.
That was the basis of expert witness Tucker's testimony on Friday. He said that Lampiris-Tremba should not have been there that day in 2010 when he shot and killed Kenneth Ellis , 25, after a traffic stop.
Tucker was called to testify by Joe Kenney, the attorney representing the dead man's family in a civil lawsuit against APD and the officer.
Tucker told the jury that the officer was a risk from the beginning because he was a liar and a crook, which meant he lacked integrity and judgment.
Kennedy asked Tucker why judgment is so important as a police officer.
“Because they carry a gun for starters,” Tucker said.
Tucker mentioned Lampiris-Tremba lied on his application in 1992 about his drug history, but the department still hired him in 1997.
The officer also admitted to stealing and using a fake ID as a young man, and while on the force he was suspended for lying on his timecard. He also failed to report he used excessive force when he used a stun gun on an innocent man during a traffic stop in 2004, six years before he fatally shot Ellis.
“At that point I think he should have been terminated and not retained,” Tucker said.
However, Deputy City Attorney Kathy questioned if Tucker was even an expert.
“What do you know about the standards in New Mexico by the Department of Public Safety? Have you read those standards?” Levy said.
Tucker responded and said he had not read up the standards lately.
Levy then bashed Tucker for not knowing that the state ultimately signs off on who can be a police officer in New Mexico and not APD.
“Your honor at this time I would move that he not be qualified in the area of hiring police officers,” Levy said.
Tucker backed up the judge, who has already ruled that Lampiris-Tremba used excessive force because Ellis was not a threat to anyone else when he was shot. Lampiris-Tremba is expected to take the stand Monday.
A jury still has to decide if the traffic stop was even legal and if APD has faulty hiring and training practices.
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