ALBUQUERQUE (KRQE) - A use-of-force case that has three Albuquerque police officers under internal investigation has resulted in criminal charges for one officer.
But Bernalillo County District Attorney Kari Brandenburg say two others are off the hook.
Officers Connor Rice , Shad Solis and Ronald Surran were investigating a possible drug deal on May 31. Their search for two suspects led them to an apartment.
A lapel camera catches Solis kicking in the door and charging in without a warrant. While Solis searches the apartment, Rice starts firing his Taser at one of the men in the apartment, hitting him at least three times with the electric darts.
Solis rushes in and darts the man once.
The DA is pursuing a misdemeanor aggravated battery charge and a battery charge against Rice. However Brandenburg says Solis will not face criminal charges.
"When [the suspect] was initially tased by Officer Rice, there didn't appear to be good reason for that," Brandenburg said. "The other officer came into the scene not knowing anything and responded after Rice tased him thinking perhaps somebody was being threatened or that there was some threat that he had to deal with.
"So they're coming at it from two different perspectives."
That's not where the incident ended though. One of the other suspects takes off and the officers give chase.
He gives himself up on the ground and tells officers, "I surrender!" While Rice hits the suspect, Surran steps on the man's face.
"It certainly looks inappropriate; it certainly looks aggressive," Brandenburg said.
But Surran will not face charges either. Brandenburg says that while what he did in restraining the suspect may violate APD policy, that does not make it criminal.
"We're not saying it was right," Brandenburg said. "We're just saying that in order for a crime to be committed there needs to be criminal intent and an action, and we have to prove that beyond a reasonable doubt."
All three officers are under internal APD investigation. An APD spokesperson said Tuesday that that investigation could take "months" to wrap up.
Rice is on administrative leave, while Surran and Solis are on desk duty.
All three officers could still face a civil suit for the incident. The city paid $15,000 last year to settle a lawsuit where Solis was accused of pepper spraying a group of friends at a graduation party.
While the roads were looking clearer Friday morning in the Albuquerque area, appearances can be deceiving
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