An Alamogordo police officer fired after getting caught on video assaulting a family member while off-duty is fighting to get his job back.
Kyle Graham’s lawyer is pushing for his re-instatement, citing “procedural errors,” and threatening the city with legal action if he doesn’t get his job back.
Surveillance video shows Graham and a woman arguing inside the Gerald Champion Regional Medical Center back in September.
Punches were thrown and three people, including a 65-year-old woman, ended up on the ground.
The family, who is related to Graham by marriage, says he was asked not to come see a family member.
Graham’s lawyer now accuses the city and Alamogordo Police Department of violating Graham’s right to due process.
He claims some evidence was ignored or thrown out, all potential witnesses were not interviewed, and that Graham was not told the investigation was being done before he was questioned.
“I believe he did it to himself, to be honest with you. He has anger issues and he cannot control those issues…and I feel like he shouldn’t be working in law enforcement, period,” Jamie Colmenero, the alleged victim’s daughter-in-law, said back in October.
Graham has appealed his firing to the city manager’s office.
KRQE News 13 reached out to the city to check on the status of the appeal. The city says it’s hired a neutral third-party hearing officer to hear the appeal on November 15. A decision is expected within five days of that hearing, and it will be official and binding.
Graham has pleaded not guilty to battery charges stemming from the fight.