They were told they had one week to present themselves for booking at which time they would be released on their own recognizance with certain stipulations regarding travel and possession of firearms.
No trial date has been set.
As reported in the Albuquerque Journal:
Several uniformed Albuquerque police officers were in the courtroom as a show of support for Perez and Sandy, said Stephanie Lopez, the president of the Albuquerque Police Officers Association.
“These are officers who have served not only their country but their community,” she said, referring to Perez’s military service. “They’ve never hid from the charges they are facing … It’s unfortunate that in today’s society they’ve been deemed guilty until proven innocent.”
Luis Robles, Perez’s attorney, said the conditions of release were expected. He said there was some concern that the officers won’t be allowed to possess weapons while they await trial.
“They’ve both received death threats,” he said. “But nonetheless it is a decision and we will live with it.”
Perez remains on paid administrative leave. But Celina Espinoza, a police spokeswoman, said the department’s policies call for a process to begin soon that will likely lead to his termination in about two weeks because he has been officially charged with murder.
Sandy retired before he was accused of a crime and is collecting a pension.Clearly all of this had been arranged in advance. The OR release is shocking given the gravity of the crime they are accused of and the fact that ordinary people are not given the benefit of OR release on even minor crimes. In fact, the special treatment of Perez and Sandy throughout the saga of their fatal encounter with James Boyd and the aftermath is a strong indication that the fix is in, and there will be no conviction of either officer.
The fix has no doubt been in from the get, but a show must be made to calm the rabble who have been somewhat upset by the constant litany of police killings in this country since Boyd was shot and killed.
One thing I noticed and have pointed to from time to time is that there have only been two killings by APD since a year ago in July. Those two (in January, 2015, and July, 2015) coincided with aspects of the Perez and Sandy charging and their preliminary hearing. I have thought there might be a connection.
When Judge Candelaria declared that there was sufficient evidence to go to trial at the preliminary hearing, I expected someone to die at the hands of APD, but it didn't happen (though there have been other police killings in New Mexico, one as near as Bernalillo just up the highway from ABQ).
When APD didn't shoot anyone after the preliminary hearing, it seemed to me that a deal of some sort had been struck. The boys would go to trial, but... it would be a trial that exonerated them, and by extension would exonerate the other officers who have been subjected to so much animosity for their own fatal or brutal acts.
We shall see, but I wouldn't be at all surprised.