Police: Man gives brother’s name to keep from being arrested

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ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man thought he was going to get out of trouble when he gave police his brother’s name, but what he didn’t know was that his brother had a warrant out for his arrest.

It happened Saturday night at the Walmart on Wyoming Boulevard and Academy.

Security called police saying a “suspicious person” was sleeping in a car, out in the parking lot.

Police identified that man as 30-year-old Charles Gardner, but when the officer asked his name he gave his brother’s instead.

“It even goes as far as people giving their cousin’s information because they’re trying to get out of being arrested,” Officer Fred Duran said.

According to the criminal complaint, that’s exactly what happened. Police said Gardner had a warrant out for his arrest. As it turned out, his brother did too.

So the officer relayed the information back to Gardner and asked him several times to get out of the car. Gardner argued with the officer for a few minutes until he stepped out. Then, he bolted.

The officer chased him and pulled out his Taser. When he caught up to Gardner, he yelled commands for Gardner to “lay flat on the ground and face away from me.”

Gardner complied at first, then he got back up and ran for a second time.

“Eventually the officer had to deploy his Taser and he was taken into custody, but it took the officer a long time to do this because [Gardner] wasn’t doing what he needed to do,” Officer Duran said.

The Albuquerque Police Department said it can’t release the tasing portion of the video yet, because it’s part of a standard internal investigation that’s done with all use-of-force cases.

But even after being tased, Gardner didn’t stop and continued to fight with the officer. That’s when the officer said he was forced to take Gardner to the ground.

According to court documents, Gardner had a warrant out for his arrest for failing to comply with his probation that stemmed from an aggravated burglary case.

Gardner is still behind bars. He’s charged with aggravated assault on a police officer.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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