ALBUQUERQUE, N.M. (KRQE) – The family of 19-year-old Mary Hawkes has filed a new lawsuit against the City of Albuquerque and fired Officer Jeremy Dear.
The 40 page lawsuit highlights Dear’s behavior after the shooting and points to all the trouble he’d been in while he was a cop with the Albuquerque Police Department.
Dear shot and killed the teen car thief suspect after he claimed she pointed a gun at him but he didn’t have video to back it up.
It’s been more than 2 years since the deadly shooting. Back in March, the family filed its first lawsuit against the city. Hawkes was shot and killed after a brief foot chase with police in southeast Albuquerque on April 21, 2014.
“The suspect stopped, turned and pointed a handgun at close range,” Albuquerque Police Chief Gorden Eden said.
According to the lawsuit, at least two officers at the scene said they saw Hawkes point a gun, one of them being Dear.
The new lawsuit claims Dear “failed to activate his lapel camera” even though he’d been in trouble for it before. In the lawsuit, the family refers to Dear as a “bad apple” who decided to “remain silent” under oath when confronted with questions about Hawkes’ killing. They also point to Dear’s behavior after the shooting saying he “relaxed after killing her by first going to ‘Hooters.”
Dear was eventually fired for repeatedly failing to turn on his camera during arrests, some of them violent. Even though APD fired Dear, the city’s personnel board voted to give him his job back. The city refused and the case is headed for court.
The lawsuit, filed Tuesday, also highlights allegations made by now-fired APD records custodian, Reynaldo Chavez, who claims the department and city brass ordered staff to delete and alter police videos in certain high profile cases, including the Hawkes shooting.
The lawsuit closes with a letter from Ed Harness, the director of the Civilian Police Oversight Agency. It’s dated Dec. 7 and said in part, “the agency became aware there may have been criminal activity committed by members of the Albuquerque Police Department,” therefore, it suspended its investigation until the criminal investigation has been completed.
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