Officers cleared

Officers cleared

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NMSP officers cleared in fatal shooting

Grand jury rules shooting justified

Updated: Tuesday, 02 Oct 2012, 10:54 AM MDT
Published : Tuesday, 02 Oct 2012, 10:54 AM MDT

ALBUQUERQUE (KRQE) - A Santa Fe County grand jury has cleared three state police officers in a controversial fatal shooting.

Last October, 34-year-old Samuel Pauly was killed during a gun fire exchange with three state police officers.

Prosecutors released an audio recording of the incident to the jury. 

In that recording a police officer is heard  saying, " Gunshot" Oh s**** another shot... calling dispatch "shots fired.. shots fired, we got shots fired." And then another gunshot is heard.

Officers say the event was provoked by a road rage incident involving Pauly's brother, Daniel.

Following this incident, officers with New Mexico State Police went to the Paulys' home to investigate.

Daniel Pauly claimed they thought they had been followed to their home by someone from the road rage incident . He said he and his brother, then armed themselves and fired what they said were warning shots.

One of the responding officers fired back, shooting Samuel Pauly in the heart, fatally wounding him.

On Monday a grand jury ruled that the officers were justified in the shooting.

The District Attorney says Daniel Pauly told officers they would have never armed themselves if they would have known it was state police outside their home.

> Chief: Cop took photo in fatal shooting
 

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