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N.M. police release BWC footage in OIS that killed K-9 after a fleeing suspect grabbed him by the neck

After Albuquerque Police K-9 Rebel wrestled a suspect to the ground, the suspect grabbed him by the neck in an attempt to use him as a shield before pointing a gun at officers

By Gillian Barkhurst
Albuquerque Journal, N.M.

ALBUQUERQUE, N.M. — Wrestled to the ground by a police dog, a man threw his arm around the K-9 to point a gun at three approaching police officers, a newly released Albuquerque Police Department lapel video shows. Seconds later, both the man and dog would be mortally wounded by police gunfire.

Though the man’s gun was loaded, Police Chief Harold Medina said it was never fired.

Officers had tracked Jorge Dominguez , 39, to the Comfort Suites early in the morning on May 29 , after he evaded a SWAT standoff in an East Central neighborhood two days prior, according to court records. Officers were attempting to arrest Dominguez on two warrants when he was killed, one was from a DWI arrest in February and another for auto theft and resisting, evading or obstructing an officer from the previous standoff.

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Dominguez, whose body had 10 gunshot wounds from police bullets, was pronounced dead on the scene, said Cmdr. Kyle Hartsock, who oversees APD’s Criminal Investigations Bureau, at a news briefing about the shooting Monday.

Officer Christopher Brito, the K-9’s handler, and officer Joshua Lerma collectively fired 17 shots at Dominguez; 10 hit Dominguez, Hartsock said. At least one bullet struck the police dog in the face, according to spokesperson Gilbert Gallegos. It’s unclear which officer’s bullets killed the K-9, Rebel, Police Chief Harold Medina said. Two less-lethal foam rounds were also fired at Dominguez by a third officer, Hartsock said.

After locating his room at the hotel, an APD crisis negotiator called Dominguez on the phone and attempted to persuade him to turn himself in. Dominguez hung up, Hartsock said. Moments later hotel security footage shows Dominguez darting out of and back into his hotel room.

Less than a minute later, outside the hotel, a window screen fell from above, followed by a man, security footage shows. Dominguez jumped 16 feet from his hotel room window, into a 5-foot wide alley where he was pursued by Rebel and officers, Hartsock said.

“Show us your hands,” an officer yelled in a lapel video as they approached. “You’re gonna get shot, you’re gonna get shot, dude.”

Rebel knocked Dominguez onto his back and latched on, security camera footage shows. Medina said Dominguez then used the K-9 “as a shield” and pointed his gun at officers. After noticing the gun in Dominguez’s hand, officers opened fire, Hartsock said.

Officers were within several feet of Dominguez when the first shots were fired, lapel camera footage shows. Lerma fired several shots while standing over Dominguez, Brito’s lapel footage shows.

Brito pulled Rebel off of Dominguez and took him aside, the dog’s blood splashed on the pavement, lapel footage shows. The K-9 was rushed to a veterinary hospital where he was euthanized due to the severity of his injury, Hartsock said.

This was sixth police shooting this year, five of which have been fatal. The latest police shooting of an alleged armed robber on Sunday left the man hospitalized and marked the seventh shooting of the year.

“I feel like a broken record when I stand up in front of these (briefings) especially with officer-involved shootings and yesterday, again, was another prime example,” Medina said. “Until we as a community and state can keep individuals in custody who are a danger to themselves and others for the appropriate amount of time, we’re going to keep seeing these incidents. It’s alarming.”

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