Today is September 24th, 2020. The time
now is 1:02 p.m. here at 500 Marquette
Boulevard, sweet 700, the office of Mr.
Robelis. Present in the room and
speaking is Agent Sean Larson, New
Mexico State Police Investigations
Bureau. And at this time, I'll have the
other individuals present in the room
state their name. Agent Charles Venley,
please.
Agent Brian AC, FBI.
Jack Burke, US Attorney's Office.
 Paul
Mets, also from the US Attorney's
Office.
 Officer Sharon Durant, New
Mexico State Police.
 Luis Ro, Officer
Durant's attorney.
Officer Dan, would you prefer officer or
would you prefer Mr. How would you like
to be addressed for the appeal? Well,
Mr. Fine.
 Okay.
So, Mr. Anne, understanding that we are
with the New Mexico State Police's
Criminal Investigations Bureau and at
this time we are conducting a criminal
investigation. Um, at this time, your
statement isn't voluntary. It is not
subject to a mandatory statement
compared to a internal affairs
investigation. So, at any point during
this interview, if you choose to
discontinue speaking with me or
interject and and discontinue the
interview, you may do so. Do you
understand that?
 Yes, sir.
 Okay. Um,
there's a few things we're going to get
into before we start talking a little
bit more. Do you have any questions for
me or Agent Vul at this time?
 Not at
this time.
 Okay. So, ma'am, you're a
patrol officer.
 Yes.
 Okay.
 If you want,
sir, I I've um prepared a statement for
you guys. If you want, I can go through
that statement and then answer any
questions afterward if you would like.
How would you like to proceed, Mr.
Okay.
Also too, just for your guys'
information, we also have the they set
up the projector already for the video.
If you guys want to watch the video
prior to
So, it was Saturday, September 12th,
2020. It was my day off. I had recently
been assigned to the criminal
enforcement unit K9 in June. A position
I had worked hard for. It was a position
I wanted since the recruit school of
state police almost seven years ago. I
was assigned to the HSI border
enforcement security and addiction task
force or best task force as a federal
task force officer or TFO.
I had my assigned narcotics detection K9
EA with me that day and since being
assigned I took it upon myself to learn
as much as possible as quickly as
possible. So I worked a lot of overtime.
I had been assisting with the training
of two new dogs we had just gotten for
our team and learning the traits to
become an instructor. And it was then
inspiring to be the next K9 instructor
because the two instructors we had would
be retiring in just a couple of years.
So I was very excited to get back to
work because we hadn't been able to work
the road in almost two weeks due to the
dog training.
I had talked with one of my shift
partners the day prior and we had
planned to go up to Gallup, New Mexico
to work traffic. I started my shift that
morning at 8:00 a.m. I was eager to get
on the road and to see what kind of
traffic we had that day. I decided to
work traffic on my way to Gallup. And as
I got to the median of the 126 on
Interstate 40, I stopped to watch
traffic for a bit. My way of patrolling
traffic is a lot different than the
normal patrol officer.
I look for people who are involved with
criminal activity on the highway. I look
for as much as possible ranking in
smuggling narcotics to human
trafficking, people with warrants,
stolen vehicles, or even missing
persons. I look beyond the normal
traffic stop to ensure the safety of our
communities and do my part in the never
uh rising fight against crime. So, with
that being said, it was approximately
9:30 a.m. when I observed a truck
pulling a fifth wheel trailer traveling
eastbound on Interstate 40. As a vehicle
approached, I observed a white GMC
pickup truck slightly weave towards the
center line just peeking out from behind
the fifth wheel trailer. This caught my
attention because the vehicle was
following dangerously close to the
travel trailer, allowing no reaction
time if something were to go wrong. The
vehicle continued to follow the fifth
wheel at the same distance as it passed
by me. I observed the driver with his
hands at 10 and two and his arms were
very stiffened. He had this thousandy
stare as if he didn't know what was
going on around him. This raised even
more concern for the driver's safety and
the safety of the occupants ahead of him
in the because the vehicle was traveling
approximately one car length behind the
travel trailer and the driver didn't
seem very aware of what's going on.
So I turned through the median and I
pursued the vehicle. As I caught up to
the vehicle, I checked the license plate
number of 347 Grand Tom Young out of
Arizona. I checked it through my I
checked the plate through my CAD which
uses the NCI system. The vehicle came
back to Robert Nelson on a multicolored
GMC pickup with no status of the
registration. The vehicle I was looking
at was white. So I wasn't sure if the
plate belonged to the vehicle and if the
registration was valid. At that point I
had probable cause to stop the vehicle
for the unsafe following distance and
the registration not matching the
vehicle or what it was showing.
I wanted to verify that the vehicle in
fact was the same vehicle that the
registration was referring to and that
it was valid. I also wanted to educate
the driver on the hazardous hazards
uh following dangerously close distance
and what could happen should the travel
trailer need to stop or slow down. So I
engaged my emergency equipment
initiating a traffic stop. The vehicle
immediately pulled over to the right
shoulder. I got out of my unit and
observed the vehicle go into park. I
move with a purpose around my unit
towards the passenger side of the
vehicle. Through my training and
experience as a police officer, the
traffic stop is one of the most
dangerous tasks we have. I move with a
purpose to allow as little time as
possible for the occupants to sit and
ponder. I didn't know who I was dealing
with that day, whether it was a general
motoring public or possibly a criminal
who was committing a crime, about to
commit a crime, or had already committed
a crime. I learned to move purposeful,
to allow little time so that the
occupants I am conducting occupants I am
conducting business with had little to
no time to plan to either hurt me or
flee.
As I came around the backside of the
unit to make my approach on the
passenger side, I saw a metal plate in
the back of the truck that was not
factory. I found this odd. I am shamed
to find abnormalities relating to
criminal activities. This metal plate
caught my attention because it created a
void of concealed space the way that the
plate was positioned at the up angle
towards the tailgate. So, it kind of
made like a triangle of extra space.
I continued to watch the driver and
there was no movement. The windows were
still up. I found this strange. The
general motoring public will usually
search for you in a mirror. As soon as
they find you, then they start to roll
down their window on that side, and
they'll place their hands on the wheel,
as if they're not posing a threat to
you.
The driver's hands weren't seen on the
steering wheel, and the windows remained
completely sealed. I'd reached the rear
pillar of the cabin. I kept my body
close to the metal frame. I raised my
left hand to knock on the glass as I
peeked into the view of the window.
Suddenly, my body experienced enhanced
danger, and all I could see was the bill
of a baseball cap and a gun barrel that
looked the size of the driver's face.
The next series of events happened in
just a few seconds, but I'm going to
break them down play by play. I also
experienced auditory exclusion and time
slowed down.
Talking too much.
At that point, I heard the glass break
as if it was shot through. It was a very
distinctive sound. My right eye suddenly
went black, and I reached up to my face,
thinking that I had gotten shot in the
head. I desperately started to try and
protect myself with my hands, taking
small steps backwards to create
distance. I fell to the ground, and
everything was moving so slow that when
I blinked, it seemed to go black. I
started to think to myself, I promised
my wife I would come home no matter
what. And I'm not going to let this
person
who hasn't said two words to me, take me
away from the family, from the people
that I love. I wasn't ready to just lay
there and let this person kill me. I
thought for sure if I didn't get up now,
he was going to get out of his vehicle
and shoot me until he was satisfied that
I was dead. from numerous training
videos and stories that I have read or
heard when a police officer is shot with
no help and doesn't fight back. They are
killed and I didn't want that to be me.
I got up to my feet and the vehicle was
still there. I drew my weapon out and my
hands were hurting so bad. I wasn't sure
where I got hit or how bad my injuries
were. All I knew is I wasn't ready to
die. My vision was blurred and I
couldn't make out the driver's head. All
I could make out was the driver's
headrest in the back window.
I knew the person who was shooting at me
was sitting there and I needed to stop
him. I needed to make sure this person
wasn't going to get out and keep
shooting at me. I didn't want this
person to kill me or leave to hurt
others. I aimed at the headrest and
started to fire my weapon. The vehicle
started to move forward. I could see
other vehicles near the suspect. As it
pulled towards the roadway, I stopped
firing. I wasn't sure if I had hit the
driver and his body was consciously
reacting to being hit or if he was
fleeing the scene.
I stopped and I waited. As the vehicle
pulled back into traffic and continued
continued driving, I knew I had to stop
him.
I ran back to my unit and observed both
of my hands bleeding heavily and the
pain was now throbbing up through my
arms. It hurt so bad to open my door. I
grabbed my radio and I notified dispatch
that shots had been fired and I had been
hit. I told dispatch the vehicle had
fled the scene and it was a white GMC
pickup truck with a single driver, a
single male driver and I had shot
through the back window. I ran around to
the driver's side in my unit and noticed
that I had left my passenger door open.
Figure
um I ran back around the driver's side
or back to the passenger side, shut the
door and then ran back to the driver's
side and got in and started to pursue
the vehicle.
I placed my handgun in my lap to have
easy access. The pain of trying to get
my weapon from the holster was
intensifying.
I wanted to be sure that if the driver
began to shoot at me again, I wouldn't
struggle to retrieve my weapon. I
informed dispatch that I was in pursuit
of the vehicle. Dispatch asked for a
direction of travel. That point, I was
feeling so weak and trying to make sense
of what had just happened that I was
stumbling in my words. I stopped and
took a deep breath and I told myself,
"You're okay. You're good. You got
this." Holding the steering wheel, I
could see the blood running down my
hands. My body was shaking from the
incident and the pain kept getting
worse. I relate to dispatch that he was
headed eastbound and I was unsure of his
location at this moment. I looked down
at my speedometer and I felt like I was
going fast, but I was only doing around
80 miles hour. Told myself, "What are
you doing? Step on the gas. You have to
get this guy. You have to make sure
someone else doesn't stop him before you
because they don't know the dangers that
he poses."
It started to speed up, reaching
approximately 100 milesPH. I observed
the vehicle in front of me approximately
100 meters, but because of the enhanced
danger, it seemed like he was right next
to me. And that hole that I had shot him
in his back window was now the size of a
basketball.
I notified dispatch that I located the
vehicle and we were now only traveling
70 mph, passing mile post 134. I turned
off my emergency lights to help deter
him from knowing that I had caught up to
him. But as soon as I turned off my
hazard or my lights, he turned his
hazards on.
The vehicle started to weave from left
to right and I watched the driver lean
down towards the floorboard. When the
driver sat back up, I I observed an
object that resembled a rifle with a
sling. I slowed down abruptly, trying to
create distance, and I notified
dispatch. I knew a rifle had the
capabilities of penetrating through the
vehicle except the engine block. I knew
if I didn't create distance, I wasn't
giving myself any chance of surviving a
second attack should he start to fire.
When the suspect seeing that I had
slowed down, he abruptly pulled over to
the right shoulder, stopping near mile
post 135.
I drove into the median and seen the
driver door start to open. I holstered
my handgun and turned into the median
and started traveling westbound. I
retrieved my rifle from the gunlock and
thought to myself, I'm going to be ready
this time. I was going to create
distance and make him bring the fight to
me. I knew my capabilities with a rifle.
It wasn't going to be ambushed again. I
positioned my rifle in the dash with the
buttstock on my shoulder. So, my barrel
was on the dash. My buttstock was on the
shoulder. I attempted to um put a round
in the chamber with my left hand, but
the pain was so bad and was only
intensifying that I couldn't. I then put
my left arm over my rifle and use my
right ring finger or index finger and
middle finger to pull the charging
handle back to place around into the
chamber.
I turned through the median and drove
across the eastbound lanes of the
shoulder onto the shoulder. I attempted
to make contact with the suspect using
the PA system, but I had no response.
The suspect stood by his driver's side
door. I held my position and I observed
two Laguna PD units top the hill. I
observed the suspect walk towards the
back of his vehicle with his hands up.
One of the Luna and PD units came to my
position and as he drove behind me,
I happened to look behind me and now
seemed the truck pulling the fifth wheel
closing in on my location, driving on
the shoulder. It startled me because it
was the same exact truck and trailer
that the truck was initially following.
I was worried that the occupants of the
vehicle had the same motives of the
suspect and were going to open fire on
me and do the same.
I tugged into the door jamb of my
vehicle and observed the driver door of
the truck behind me begin to open. A
male subject exited and I began giving
him commands to put his hands up. I told
the Laguna officer to watch the male
suspect ahead of us and I would deal
with the male subject behind us.
I told the male to keep his hands up as
I pointed my rifle towards him. I had
him lay on the ground with his hands
behind his head. The driver advised me
his son ahead his his son was ahead of
us and wanted to know what was going on.
I saw that his son had just [ __ ] shot
me. He looked at me with a blank stare
as if that didn't happen. I told him
sarcastically, "No, I'm wearing blood
for no reason." The driver stated, "Oh
my god, ma'am, I'm so sorry. I don't
know what's wrong with him." I asked him
if he had any weapons on him, and he
stated he had a pocketk knife in his
left pocket. I grabbed the knife out of
his pocket and threw it into the field
away from him, patting him down,
ensuring there were no other weapons. I
told him to sit down and not to move. I
returned to my unit, advising Laguna,
"Let's move forward." We got in our
units and moved forward, and I started
to give commands on the PA. I observed
the suspect's hands start to go down,
and I told him to put his hands up or I
would shoot. The suspect quickly put his
hands up and I stopped my unit because I
knew he could hear what I was saying. I
set my rifle up on the door jamb of my
unit on the driver's side and kept my
right hand on the rifle and used my left
hand for the PA.
I started to give him commands to walk
towards us slowly.
As the male subject started walking
towards us, he was a white male with
brown hair. He looked to be around six
feet tall and he was obese. As the
driver walked towards us, he had a very
smug look on his face as he looked
towards me, like if he was proud of what
he had done to me.
I stopped him approximately 15 ft away
from my unit and advised Laguna officers
to move forward. I had them covered.
They moved forward and handcuffed the
suspect. They brought him back to my
unit and I advised them to put him in
one of their units. The suspect looked
at me and had kind of a smirk on his
face.
I placed my rifle on the floorboard of
my unit and the Laguna officers provided
me with some bandages to try and stop
the bleeding. New Mexico State Police
Sergeant Sandival and Sergeant Kle
arrived on scene and they cleared the
vehicle. I walked to the passenger side
of my unit and got down in a capture
stands. Took a deep breath. I was
flooded with so many emotions. It was
overwhelming. I was thankful that I had
just survived a sur series of events and
relieved that we were able to take him
into custody without anyone else being
injured. I wanted to speak with my
family and let them know that I was
okay. The ambulance arrived on the scene
and I was transported to UNM Beach for
my injuries.
Would you mind answering some questions
after this? Yes, sir.
At the point when you approached the
passenger side of the vehicle, the male
discharged the firearm. Did you hear how
many times he shot?
 I could just hear
the glass breaking. I couldn't tell you
how many known were shot. Okay.
Um, and after you were shot, you made
mention that you took some steps back
and created distance. Um, at any point
when you were taking your steps back,
did you lose your footing or did you
stay upright and continue to walk back?
No, I fell. So, I was falling backwards
attempting to block my face with my
hands. Okay.
 To protect myself. And as I
was walking backwards, I stumbled over
and fell.
 Okay.
And when you arose to your feet, um, you
retrieved your your firearm.
 Yes.
 Is
that a duty issue firearm or is that
your personal select carry?
 No, it's my
duty issue.
 Okay. I'm sorry, your
department issue.
 It's my department
issue.
 Do you recall how many times you
discharged your weapon, man?
 I couldn't
tell.
 Okay.
All I know is I fired until I seen the
vehicle move. Okay.
 And as the vehicle
started to move, I seen the hazards of
other people around. There was another
vehicle near him.
 Okay.
 Going the same
direction and then there was vehicles
coming up um westbound and I didn't want
to hit any of them.
That moment that you walked up to the
passenger side window and you heard the
concussions from from the firearm and
you said you shielded your your face.
What were you what was going through
your mind?
 I thought he was going to
kill me.
I I didn't understand what was going on
at that point because it was all
happening so fast, but I knew the sound
of the bullets breaking the glass. It's
very distinctive sound. Um, so I knew I
was being fired at, but I didn't
understand why because I hadn't talked
to him.
 Okay.
Is you returned fire?
Was there anything that you were
thinking specifically that was going
through your head or anything that was
that you were feeling?
 I was in fear. I
thought if I didn't try to stop him, he
was either going to get out of the
vehicle and continue shooting at me
until he was satisfied that I was dead
or he was going to leave the scene and
he was going to hurt somebody else.
Okay.
Now,
going back to the beginning of your
statement, you said that you were
stationary.
Um, but ultimately, you affected a
traffic stop on this vehicle. And what I
want to touch on is you stated you
engaged your emergency equipment.
 Yes.
What does that mean?
 So, engaging my
emergency equipment means that I've
activated my lights.
 Okay.
 And that my
camera recording system had turned on.
Okay. Do you know if your silent turned
off?
 No.
 Okay. I usually just turn on
the lights and if I don't get a
response, I'll bleep my siren at someone
until they respond. But like I said, as
soon as I turn the switch for my lights
to come on, he immediately pulled over.
There was no hesitation.
And your incar camera was running? Yes.
And operational? Yes.
 Were you wearing a
body camera?
 Yes.
 Was that functioning?
Yes.
And you were approaching the the
vehicle. Did you hear him say anything?
I understand the windows were still
closed up.
 He didn't say anything. He
didn't move. He didn't do anything until
he had my head in his sights.
 Okay.
And
touching bases on your vehicle just a
little bit more. You said you're a K9
officer. Is that correct?
 Yes. What is
your department vehicle?
 My department
vehicle is a Chevy Tahoe.
 Okay. Two or
four-door?
 It's four-door.
 Okay. And do
you have a light bar on top or do you
have concealed lights within the cab of
your vehicle?
 There's a light bar on
top.
 Okay. Would you consider that a
fully marked patrol vehicle?
 Yes.
 Can
you describe what a fully marked state
police patrol vehicle looks like?
 It's a
majority of the vehicle is black. The
top is white.
 Okay. It has a New Mexico
State Police badge with the two white
lines down the side of the door showing
it's clearly marked. There's a state
police um identifier on the front of the
grill. There's K9 decals going towards
the back of the rear quarter panels of
the unit identifying that it's a K9
unit. And on both of the passenger
doors, it gives a warning showing that
there's a dog. Don't approach. And then
on the rear, it's clearly marked state
police as well.
 Is there anywhere else
on the vehicle that has writing on it to
indicate police, state police, New
Mexico State Police?
To your knowledge or recollection?
 Um,
to my knowledge, no. There's just the
gold lettering on the front, the gold
lettering on the back, and then our big
badge that covers majority of the door
on the on the passenger front passenger
and driver go.
I'm going to go over just a couple of
housekeeping questions that state police
conducts um for the purposes of our OIS
reporting.
Do you have any prior law enforcement
training?
 I do not.
 Were you ever um
employed by another agency but did not
attend academy? No. Do
 you have any
advanced training?
 Yes.
 Can you touch on
that, please?
 Um, for criminal
interdiction and I've gone through DIAP,
two different classes. I've been through
Desert Snow.
What is DAP?
 Um,
I couldn't tell you what it stands for.
It's It's another criminal interdiction.
I have the certificates. If you need
copies of them, I can provide copies
later. It's interdiction. So, is that
related to your position as a canine
officer?
 Yes.
 Okay.
On top of that, I've had
um
other advanced training for just law
enforcement, criminal interviews, um
criminal, I mean, anything to do with
the criminal, what we do for our job.
I've had some type of advanced training
on it. And then we go through a two-year
um retraining.
And you are a task force officer. Is
that correct? Can you reiterate again?
Through which federal agency?
 Through
HSI
 Homeland Security.
 Okay. It'd be a
TFO as you called it. You would be
federally commissioned. Is that correct?
Is a federal officer?
 Yes.
Does your agency have a use of force
policy?
as New Mexico State Police. Yes.
 Have
you received training on that use of
force policy?
 Yes.
So,
it's co right now. Everyone seems to be
wearing different uniforms. We're not
quite wearing the traditional black and
gray uniform with the suicide strap that
we've been accustomed to for so many
years. What were you wearing that day?
Um, so I was wearing my assigned uniform
for K9, which is green. pants,
a black New Mexico State Police polo.
Um, my badge was displayed on the polo
along with my name Eston.
Um, and over my black shirt, I had a
outer vest carrier that clearly states
state police across the chest. And I had
another patch with our badge. Um, I wore
my duty belt, which is, um, one of the
quick release belts that I can wear on
the outer of a regular belt. On there, I
had my um, my badge, a set of handcuffs,
my baton, and then two magazines, and
then my duty issued weapon was on a drop
down holster on my right leg.
 Okay. Do
you carry a taser? I do, but it was in
my unit.
 Okay.
Where was your baton?
 My baton was over
on my left side.
I believe I lost it cuz when I arrived
at the hospital,
um, they gave me my belt when the tunnel
was gone. So, I think it fell out
whenever I fell.
That shirt that you were wearing, you're
State Police. Does it have any patches?
Does it say State Police on the sleeves?
It has my badge patch on it. It doesn't
say State Police or anything on it.
 No
shoulder patches.
 No shoulder patches.
Okay. But you did state that you were
wearing an outer carrier vest. Is that
correct? Which does say state police.
Yeah. The front plate it says state
police and then I have the badge on top
and then on the back it says state
police clearly as well. All in yellow
lettering.
Did you have the issue badge of office?
Yes.
 Where was that?
 It was located on
my belt.
 Okay. And what is your badge
number?
 303.
Do you know if at any point during the
incident your clothing was damaged?
Um, I know my pants have a lot of blood
on them and my vest had a lot of blood
on them and I believe my vest carrier
had a skim of a bullet.
I want to say it was the right shoulder,
but I'm not quite sure.
As soon as I got to the hospital, they
took my vest. So, I wasn't able to
really look at the extent of my injuries
and they would be criminal um
investigation crime scene teams.
Do you have a common practice of how
many live rounds you keep in your
magazine?
 I did, but I explained to the
crime scene that day. We had just
recently been to the range and I hadn't
had an opportunity to set everything up.
Okay.
 So, I usually run um 17 in my
handgun and then 16.
So, it'd be 17 complete rounds. So, one
in the chamber and then 16 in the
magazine and my handgun and then 16.
But I don't think I had it set up like
that that day because we had just
recently been to the range and I hadn't
had an opportunity to get everything set
back up as I usually do. Okay. So,
typically you have it one way, but in
this specific incident, you're unsure of
how many rounds may have been in.
 If
anything, it would be minus one because
usually when I go to the range, I don't
swap out my first round for a brass
round. I just fire the D round out.
Okay.
You stated you were on your way to
Gallup. Is that correct?
 Yes.
What state police district is Gallup?
Six.
 So that'd be D6.
 Yes.
 Okay.
And at the time of the incident,
were you on or which channel? Which
radio frequency were you on?
 D5.
 D5.
 I
was still in D5.
He didn't switch over to D6 till the
117. Okay.
And once you saw the vehicle, the white
truck that you affected the traffic stop
on, you said stated you
had engaged your emergency lights um
prior to prior to affecting that traffic
stop. Were you on a a different traffic
stop or what had you you completed doing
prior to you making the decision to pull
making the decision to pull over that
vehicle?
 I was sitting in the median
just observing traffic go by. I had made
one traffic stop prior to
 Okay.
 Um but
this was a totally different incident. I
had already cleared from the previous
incident.
 Okay. And what was the
disposition of that stop?
 Um a warning.
Okay.
 I believe it was a warning
station. After
the incident took place, when the
Lagouna officers
took the suspect into custody,
at any point did you try to render aid
to
 the suspect?
 The suspect I did not I
was concerned with my injuries and the
Lagona PD officer was dealing with him.
Okay. So I
had assumed that they would render him
aid if he needed to have a
 Okay.
 I was
in no position to render aid myself as
my hands were kind of deapigated at that
point. I understand
you said once you got to the hospital um
at some point crime scene took your
clothing or anything like that but
between the time of the incident to the
time that you got to the hospital. Did
you alter your uniform? Did you change
in any way?
 I took my vest off but my
vest and all of my belongings right next
to me the entire time. Nothing was
altered. Nothing was changed. It just
went from being on my body to being on
my feet because they had to take off my
shirt to get an IV started to um do what
they needed to do for my medical care.
And that's while you were in the
ambulance on the way from the scene to
the hospital. Is that correct?
 Yes.
 And
which hospital did you receive
treatment?
 At UNH
being University of Mexico Hospital.
Yes.
[Music]
Did you do you have anything?
Uh, yes. Um,
how many hours of sleep did you get
prior
sh?
 Six or seven?
 Six or seven?
 You feel
arrested?
 Yes.
And then also to any drugs or alcohol
prior to shifting?
 No.
 All right. And
then uh your rifle. You didn't mention
your rifle. You got to have the
the lock.
 Yes.
 Uh how's the ammunition
on that one? Usually
 um it's usually 28
rounds total.
I like to leave two out or um to give
the screen
uh less compression on it so it doesn't
alter.
So it's usually 28 rounds. So there
might have been one in the chamber and
25 rounds or 26 rounds or 27 rounds, I'm
sorry, 27 rounds left on the
Um, were you did you self dispatch on
the cab or did you call out the traffic
stop on over the radio?
 Self dispatch.
Self dispatch.
And then you did say you were in the in
the median. Were you facing uh was it
westbound or
 I was facing eastbound
traffic. So I was facing westbound in
the median.
And then uh after the incident I did uh
you did mention something about a sling.
Yes.
 Rifle. Can you go over that? Uh
 so
as I came up on the suspect's vehicle, I
started to slow down and let notify
dispatch. And I thought to myself, I
should turn off my lights cuz if not,
he's going to know that I found him. So,
I was trying to give myself more time
and allow my backup to start coming
towards me because I didn't know how far
out anyone was. All I know is I didn't
have anyone there with me. So, when I
shut off my lights, his hazards went on.
When his hazards went on, the vehicle
started to swerve from left to right.
And you could see him go down like this.
And when he came back up, there was an
object that resembled a rifle. And how I
knew it was a rifle cuz the way the
screen came off of the side of the
barrel.
That hit me instantly. Oh, here we go.
Round two. So,
 and and you're viewing
this from your unit from behind. You're
viewing everything from the rear window
of the
 rear window. Yes.
 And you you saw
his head disappear. Go down.
 Yeah. His
head went down. He goes down like this.
And then all of a sudden as he comes up,
something comes up on the seat and a
swing comes off. I knew it was a rifle.
Just to touch base on a couple things. I
apologize, man. So, after the incident
itself, um, and I learned this after
reviewing your body camera video, um,
you reach into the cab of your vehicle
and you grab a cell phone out of your
cab and you and you call or you dial the
contact here
 and Sergeant Wood.
 Okay.
Who is he a sergeant?
 He's a sergeant
with New Mexico State Police. He's my
supervisor.
 Okay.
 I was trying to
contact him to contact my wife and let
her know that I was okay.
 Did Sergeant
Wood answer?
 He did not.
 Okay. After
the incident, who was your buddy,
officer?
 Uh, Selena Hernandez.
Did you talk with Officer Hernandez
about the incident?
 Not really.
When you say not really, can you
elaborate on what you did discuss?
 She
asked me if I was okay. Just really, she
was asking like questions of concern for
me. if I was okay, you know, am is there
anything that I needed? Did she need to
call? There was not really talk about
the incident, just about my injuries and
if I was okay or not.
 Okay.
 So, the
discussion primarily revolved around
your personal well-being as well as
calls to your loved ones.
 Yes.
 The
actual incident pertaining to the use of
force was or was not discussed.
 Was not
discussed.
 Thank you.
So again, referring back to your body
camera video after the male was taken
into custody um with an officer's
advantage to your hands. In the video, I
watch you go from the driver's side of
your vehicle to the passenger side.
 Yes.
And you stand there for a couple seconds
and then you walk away from your
vehicle.
And granted, the camera your camera
faces forward so I can't see your face.
Um, I can only have my own
interpretations and I don't want my
interpretations. I want to know what's
going on with you in that moment. But it
sounds like you were breathing very
heavily. Um, almost panting or it sounds
as though you were potentially having
some sort of sobbing or anything like
that. What was going through your mind
at that moment? cuz you go from standing
to crouching and that's when I start
hearing breathing heavy and all these
things.
 Like I said, it was a very
overwhelming
series of events that I couldn't believe
just happened. Um, I didn't understand
what was going on because like I said, I
didn't say any words to the driver. I
didn't make any contact with him. I made
contact with his vehicle and as I
approached him, he shot me. So, I was
thankful that I was still alive at that
point and I was thankful that I was
going to go home, but I was so
overwhelmed with emotions and just
didn't know how to take the incident
because I couldn't believe that that
just happened. I couldn't believe I just
went to go talk to someone and probably
give them a warning and I got shot for
it.
Was your kid?
 Yeah.
 Uh just to clarify
the lighting. How was the lighting uh
during that time?
 Oh, it was daylight.
Daylight. It was clear. It's a really
pretty morning, actually.
 All right. And
then uh I know you said uh you saw the
the suspect's face. Um give you a smile.
I didn't. When he came back, he g he was
real smug.
 Yeah.
 He wasn't It was like
he had no remorse for what he did. It
his hands were shaking. His body was
reacting to the incident and what had
happened, but his facial expression was
so smug. It was crazy. Like he had no
remorse. Like usually when someone knows
they've
done something that crazy, you know, you
could see it in their face. They're kind
of like But he was ready to go on about
his day.
Did he say anything? Did you hear him
say anything either to you? I seen him
talk to a Lagona PD officer, but I don't
know what was said. I didn't talk to
those guys. They bandaged my hands and I
waited for our guys to show up.
 And once
our guys show up, they're the ones who
came and checked on me and was like,
"Hey, are you okay? Like, is there
anything I can do? Is there someone I
can contact for you?" You know, I didn't
really talk to those guys. and I had
them deal with him because I didn't want
to say anything to him or cuz I knew at
that point it was an investigation.
Okay. When you did make contact with uh
the guy in the truck hauling the fifth
wheel, did he say anything to you
besides what you already stated?
 Nothing
else. And I didn't I didn't make any
other contact with him and leave one of
the sergeants made contact with him
after I was transported. My my sole
concerns was securing the scene and
ensuring that all of our safety was okay
because we I had just been through an
incident that didn't make any sense and
I didn't want anyone else to have to go
through what I just went through.
Uh do you know from what you saw was the
suspect injured? Did you see
 I didn't
see blood. I didn't see anything on him.
He That's why when you asked about
injury it was like I didn't see anything
on him so I wouldn't know. I'm not the
one who lights on with him.
 Okay. All
right.
Special occasion. Just a couple. Um,
since the incident, his face has been
Well, I take it you saw him walking back
cuz he was smirking. His face has been
Do you recognize him from any past
dealings?
 No.
 If in the future, um,
Sharon, I I will need to get your
medical records. Can I do that with your
consent?
 That's fine.
 Okay. We'll have
to sign some. Okay. And what did the
doctors tell you your injuries were?
 Um,
so my poor right finger,
um, there was a bilateral gunshot wound
through and through and it shattered the
bone. Um, they put a plate in it.
My left hand
suffered a bilateral gunshot wound to
the lower index knuckle and it had a
foreign body object which we all know as
the bullet.
Um, and then I received shrap metal into
my left thumb. I couldn't tell you what
the repairs were. I know I had a
fracture in my left hand, but I couldn't
tell you how bad the fracture was or
what the repairs would have been because
they wouldn't know anything until they
actually
My right eye had um a piece of glass
from when he initially shot penetrate
through 90% of my cornea. Um and so I've
lost my not total vision, but everything
is completely blurred. I can't read out
of the eye or anything right now. What
do they tell you the future looks like?
They can't give me any certainty. They
said they're hoping that the vision
comes back, but they're not saying too
much. Um, they said there's a small
crater in my eye that's causing it to be
shaped differently and that's what could
be affecting my vision. Um, and my left
eye received some superficial glass
scratching the the top surface of my eye
and they had to take that stuff out as
well. Is that eye still red today?
 Yeah,
it's still red, but it looks a lot
better than what it did in the
beginning. So,
 is there something in
your right eye right now?
 My right eye?
No. So, they finally took the contact
out. Um, there was a contact protecting
some glue cuz when they took it out, it
left such a big hole that they didn't
want to leave it like that that they put
glue inside of it. Um, the glue came out
earlier this week by itself, so they
took the contact out, but I still can't
see out of it.
I'll ask you some questions when we stop
recording just about your needs and your
family's needs.
 Okay. Thank you, sir.
The only thing I have while we're still
recording is when you read your opening
statement, did you read it accurately
such that the written version of the
statement is basically the same as
what's on the recording?
 Yes.
Officer,
 yes.
 A couple things for you
real quick. Number one would be a
medical. We'll touch on that just
briefly as I pull up everything. If
you're so comfortable, can I ask that
you draw your depiction of the scene,
the first scene from where the use of
force occurred um to your recollection?
Would that be something you are willing
to do?
 Yep.
[Music]
There's several sheets there if you
choose to restart or anything like that.
[Music]
[Music]
Keep
speech.
[Music]
So, this is Interstate 40 to 130 mile
post.
 Okay.
 Westbound, eastbound.
There's a Toah sign. I don't remember
how to spell it.
 Okay.
 We pulled over
just past it.
 Okay.
 I got out of the
driver's side, came around the
passenger. This is my avenue of
approach.
 Okay. When I got up here, he
fired through the window.
This is where I film. This is where I
return fire. And these are the stride.
That is this drawing to scale. Yep. So
can't
This is the University of New Mexico
Health Sciences request form. This is a
us requesting that you release your
medical record. Us requesting that you
release your medical records. Um I
filled out my fortune on be releasing
them to you. I'm asking for a C CD DVD
of a copy. Um, I'm also asking anything
for radiology that may potentially show
X-rays for the purposes of the
investigation as evidence. If you can,
if you do agree, fill out the top
portion up here and check whichever
these apply wherever you stop treatment
or receive treatment at. Um, kind of the
catch up to that is University Hospital
um, or University Medical Group where
they had the vote taken. And then if you
would fill out the dates of which you
are allowing us to receive the documents
for
the day before
and then
questions I'm just going to see if about
getting a copy of her reported Mr.
Perfect, sir.
The formal interview of Officer Dan. The
time right now is 1:54 p.m. Thursday,
September 24, 2020.