Murder charges retained against Albuquerque police

A New Mexico judge on Wednesday dismissed involuntary manslaughter charges but retained murder counts against two Albuquerque police officers who shot and killed a homeless man last year.

Judge Neil Candelaria said the manslaughter counts were not applicable.

However, he denied a motion by defense attorneys at the preliminary hearing to dismiss murder, aggravated assault and aggravated battery charges.

The developments came after the state rested its case against police Officer Dominique Perez and former Detective Keith Sandy at the hearing to determine if the case will go to trial.

Perez and Sandy shot James Boyd in March 2014. Police have said Boyd, a schizophrenic, was camping illegally in the foothills and threatened officers with two knives before he was shot.

The defense began its case with testimony from Alexander Thickstun, a resident near the scene of the shooting who had called police about Boyd on several occasions, including the day he was killed.

Thickstun testified that Boyd threatened officers with two knives and advanced toward them several times on the day he was killed.

"He said he was gonna kill them if they approached him," Thickstun said.

The shooting prompted protests critical of the Albuquerque police department. which the federal government found has used excessive force against civilians. The city is now subject to federal monitoring.

Sandy and Perez are the first officers to face criminal charges in the 40 shootings by Albuquerque police since 2010.

Al Jazeera and The Associated Press