Trial News

Robert Dominguez, 78, agreed to watch over his neighbors’ home while they were away. When the alarm activated at the home, the alarm company called Dominguez, who agreed to go over to the premises. The alarm company then called the Santa Fe Police Department but did not tell them that it had also contacted Dominguez.

Santa Fe police officer Charles Laramie went to the home and observed Dominguez—who had placed his gun on a chair while attempting to turn off the alarm—through the front door. Laramie, believing that Dominguez had something in his hand, then allegedly told him to put the object down. Dominguez raised his hand, and Laramie shot him seven times. Dominguez underwent at least two surgeries and required hospitalization and treatment in a rehabilitation facility for a year before he died of complications. He is survived by his two adult children.

The children sued the city of Santa Fe, Laramie, and the city’s former police chief, alleging a §1983 violation for Laramie’s use of excessive force under the Fourth Amendment. The defense argued that Laramie’s actions had been reasonable in that Dominguez had pointed a gun at the officer.

The plaintiffs also sued the alarm company, alleging it failed to notify the police that Dominguez was heading over to the home.

The plaintiffs settled with the city and the two officers for $212,000. Suit against the alarm company is pending.

Citation: Lebya v. City of Santa Fe, No. CV16-185WPL/LF (D.N.M. July 17, 2018).

Plaintiff counsel: AAJ members Carolyn M. Nichols and Maggie Lane, both of Albuquerque.