Update: On Monday, April 10, prosecutors with the Bernalillo County District Attorney’s Office dropped charges against the second person accused in this case. Read the full story on KRQE.com by following this link.
ALBUQUERQUE, N.M. (KRQE) – Body camera video shows how a recent traffic stop lead to a deputy being placed on administrative leave. Video shows the deputy using a Taser on a driver who was eventually arrested alongside his wife after being accused of speeding.
Court records indicate that while the driver was initially facing charges for the stop, the case against him has since been dismissed by prosecutors. Meanwhile, the passenger in the case is asking for a judge to dismiss charges against her.
The scene unfolded on March 8 along a rural Bernalillo County road in the East Mountains, near Sandia Park. That’s where Bernalillo County Sheriff’s Deputy Patrick Rael pulled over Gregory Buchanan, 30, in a yellow car. Buchanan’s wife, Jalisa Dominguez was in the front passenger seat of the car.
According to a criminal complaint, the deputy stopped Buchanan on Ranch Road. The BCSO deputy alleged that he clocked Buchanan’scar going 68 miles per hour in a 50 mph zone along nearby NM N. Highway 14.
KRQE News 13 obtained video of the traffic stop through a public records request, which shows a dramatic interaction between the deputy, the driver and the passenger. Video shows the deputy fired his electronic control device (Taser) within 20 second from the start of the interaction.
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The traffic stop
The stop happened in broad daylight on a rural, gravel road. Near the start of the body camera recording, the deputy can be heard yelling at the driver almost immediately after the deputy opened the front door of his own car.
“Stay in your car!” said Deputy Rael, initially warning the driver twice at the start of the interaction. Amid the warnings, the driver can be seen standing up outside of the driver’s seat with his hands raised in the air, holding what appears to be some kind of paperwork.
Raising his voice, the deputy can then be heard on the recording saying “get in your car!” three more times as he draws a Taser. The driver asks, “Why are you going to Tase me bro? What did I do?”
“Why are you going to Tase me bro? How am I threatening you?” the driver says. “Dude, I have all of my paperwork…”
As the driver, Buchanan, continues speaking, video captures Deputy Rael firing a Taser at Buchanan. The recording shows the deputy firing his Taser after saying “stay in your car” or “get in your car” a total of five times.
Moments later, the deputy starts trying to arrest Buchanan amid a shouting match over what’s transpired. As the deputy repeatedly asks Buchanan to “turn around,” video shows Buchanan with his stomach against the side of his own car, insisting that he is turned around. Buchanan also asks his wife to film the arrest.
“Turn around!” the deputy can be heard saying multiple times in the recorded interaction. With his back toward the deputy, Buchanan can be heard at one point saying, “Cuff me then! ****ing cuff me! You’re violating my rights!”
“I have the right to get out of my vehicle! You Tase me?! I was not a ****ing threat!” Buchanan can be heard shouting at the deputy.
After eventually placing Buchanan in cuffs, video shows the deputy taking the driver to the back of his BCSO patrol car. Video shows as Buchanan’s wife stands nearby filming the interaction, Deputy Rael uses the Taser on Buchanan again, driving it into Buchanan’s body before Buchanan falls to the ground.
“Get her to calm down,” the deputy says to Buchanan, referencing Buchanan’s wife.
“Oh, I’m calm,” she responds. “I’m as calm as can be and I got you on video.”
Second arrest
With Buchanan eventually being placed in the BCSO patrol car, video shows Deputy Rael then moved to arrest Buchanan’s wife, Dominguez. Video shows Dominguez attempting to back away from the deputy before the deputy eventually grabs control of her wrist.
“Leave me alone! I didn’t do anything!” Dominguez can be heard saying multiple times in the recording.
Video shows the entire interaction between Deputy Rael, Buchanan and Dominguez took place in roughly five minutes after the start of the traffic stop. As other deputies eventually arrived on scene, Deputy Rael explained his side of the story.
“He jumps out of the car and he’s yelling at me, and I was like ‘get back in the car!’ and he’s yelling at me, and I’m telling him, like, ‘hey man, get in the car,’ said Deputy Rael. “He stands there, and he’s like shaking, he’s yelling at me.”
The deputy described to fellow deputies pulling out of a Taser, then seeing “other hands come out” of the car, describing Dominguez, who was seated in the passenger seat.
“And then she starts, gets out and starts yelling at me, and so I’m like, ‘what the **** is going on?’ and I’m trying to call it out [on the radio] this whole time,” Deputy Rael said. “So I end up Tasing him at the door, because he starts to walk back, but not actually get in the car, so I don’t know if he’s like, trying to now grab something or she’s going to hand him something, I didn’t know.”
Criminal charges & use of force investigation
The Bernalillo County Sheriff’s Department tells KRQE News 13 that Deputy Rael was placed on paid administrative leave shortly after the incident. As of April 7, Rael remains on leave while the department continues to investigate what happened, including deputy’s use of force.
According to a criminal complaint, the driver, Buchanan, was initially charged with five counts in the case, including no proof of insurance, speeding, expired motor vehicle registration, resisting arrest and drug possession. In the complaint, deputies say they found “0.75 grams of cocaine on the center console.” Court records show that prosecutors filed a “nolle prosequi” dismissal of the charges against Buchanan just one day after he was initially charged.
“The State has currently received insufficient evidence to proceed,” wrote Bernalillo County Assistant District Attorney Keith Rinaldi in a court filing. “Specifically, based on the allegation contained in the criminal complaint, the State would be unable to establish that this defendant was ever in possession of the substance in question.”
As of April 7, court records indicate Dominguez is still facing four charges in the case, including battery on a peace officer, assault upon a peace officer (attempted battery) for lifting her leg up from the ground before she was thrown against a car; resisting arrest, and possession of a controlled substance for the cocaine that deputies say they found in the car. On April 5, Dominguez filed a motion, requesting for a judge to dismiss the case against her.
“The charges against Defendant are patently false and the result of unlawful retaliation,” wrote Dominguez in a motion for dismissal, which she filed on her own behalf. “By any measure, there is a complete lack of sufficient evidence to support the essential elements of the offenses charged against Defendant.”
A judge has yet to decide on Dominguez’s motion. The Bernalillo County District Attorney’s Office is looking into the case.