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ALBUQUERQUE, Nov. 29 (UPI) -- A former police officer wants his job back after prosecutors dropped a 2014 murder charge against him. On Monday, special prosecutor Randi McGinn dismissed a second-degree murder charge against Dominique Perez.
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On Oct.11, Perez and another former police officer, Keith Sandy, had their case end in a hung jury -- 9-3 in favor of acquittal.
Sandy still faces a second-degree murder and aggravated battery.
They were charged in the shooting death of James Boyd, a homeless man with mental illness camping in the Sandia foothills on March 16, 2014. After a lengthy standoff, Sandy first shot at Boyd, firing three times. Perez, an Iraq War veteran, then fired three bullets as a member of the SWAT team
McGinn said to the media the dismissal was "the right thing to do."
New Bernalillo County District Attorney Raul Torrez will ultimately decide whether they go to trial again. He takes office in January and can refile charges against Perez.
A judge ruled that state District Attorney Kari Brandenburg, because of a police investigation of her conduct involving her son, had a conflict of interest.
"This ordeal has been incredibly difficult for Dominique and his family," Perez' attorney Louis Robles said. "Dominique is looking forward to moving on with his life, including resuming a career with the Albuquerque Police Department."
He noted: "There is a very important part of him, and that is his devotion to service to his community. "Even though I think most folks would say, 'Well, it's time to find another living.'"
The city, which says it might review Perez's termination, last year agreed to pay Boyd's family $5 million to settle a lawsuit over his death.
