A state court jury found Wednesday that the city and Albuquerque Police Chief Ray Schultz violated the due process rights of ex-APD officer Orlando Camacho when he was fired seven months before being criminally charged with the death of his stepfather.
The jury also awarded modest damages of $6,000. Whether or not he will be reinstated will be up to a judge.
The crux of the case was that Camacho was treated differently -- and unfairly -- in the handling of his case by APD. Camacho, who had a difficult relationship with his controlling and sometimes violent stepfather, Kirk Carroll, scuffled with Carroll at the home they shared on July 4, 2006. Carroll kicked Camacho in the groin, knocking him to the ground, and went for Camacho's service weapon, Camacho testified. The gun went off during the fight, killing Carroll with a fatal wound to the chest at close range.
A jury cleared Camacho of criminal charges of second-degree murder at trial, but Schultz had terminated Camacho seven months before he was ever indicted.
Schultz testified that the usual department practice was to allow a criminal investigation to be completed before beginning an Internal Affairs probe because evidence from a criminal investigation can be used in the IA matter but not the other way around.
But Camacho's attorneys were able to introduce evidence about the treatment of Officer Levi Chavez, referred to at trial as "Officer 1," who stayed on the city payroll for four years after the death of his wife with a reassignment to animal control. Chavez is pending trial on charges of firstdegree murder and tampering with evidence.
In closing arguments Wednesday before 2nd Judicial District Judge Nan Nash, Camacho's attorney George Bach asked for $21,800 in lost wages for the seven-month time period, but the jury awarded just $6,000.
A juror in brief remarks outside the courthouse said jurors believed Camacho had made a series of bad decisions and so didn't want to award the full amount requested.
But the decision in favor of the plaintiff means Bach and co- counsel Matt Garcia are entitled to legal fees from the city. They also said they expect to ask for reinstatement for Camacho -- a decision that must be rendered by a judge. Bach said the kind of constitutional claim they are making, seeking declaratory and injunctive relief, applies to governmental entities under the state Constitution. He said he expects to file a motion in the next two weeks.
"We're very disappointed in the verdict, and we have no idea how they arrived at the amount of damages," Deputy City Attorney Kathryn Levy said after the verdict was read.
"The Police Department has to have the ability to terminate cops when, after a full investigation, it's determined they don't meet the standard to be an officer."
Bach downplayed the small amount of compensatory damages. "Vindication is reward enough," he said.
That sentiment was echoed by Camacho on the courthouse steps. "I just wanted to clear my name," he said.
Camacho said he and his wife, Deisy, can expect double blessings this month. The due date for their second child, a girl, was also Wednesday, but the baby postponed its arrival until after the verdict.
Copyright 2011 - Albuquerque Journal, N.M.
McClatchy-Tribune News Service
