Pubdate: Wed, 28 Oct 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Ryan Boetel
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

CITY, OFFICER DENY FAULT IN DRUG STING SHOOTING

Lieutenant Who Shot Undercover Officer Says He Was at Briefing

The city of Albuquerque and the police lieutenant who shot and 
seriously injured a fellow undercover officer in a drug sting gone 
awry early this year have denied in court filings that the lieutenant 
missed a briefing prior to the operation.

That contradicts Albuquerque police reports on the shooting and 
officer Jacob Grant's lawsuit, which both said Lt. Grag Brachle 
wasn't present at the meeting to discuss details such as where the 
police officers would be sitting when they purchased drugs from the suspects.

Grant, a veteran police officer who also has served in the military, 
was shot multiple times on Jan. 9 as he sat in the back seat of a car 
after undercover officers had made their drug buy - $60 worth of 
methamphetamine - in a McDonald's parking lot near Central and Tramway.

Alex Gabaldon, Grant's attorney, reiterated Tuesday that Brachle 
wasn't prepared for the operation.

"It's an unequivocal fact that Lt. Brachle did not attend the 
operational briefing," he said in a telephone interview.

Grant's lawsuit states that Brachle violated police protocols when he 
rushed to the driver's side of the undercover vehicle - where Grant 
was sitting - and yanked open the door and fired. The lawsuit also 
states that after being shot, Grant was slumped down and trying to 
crawl from Brachle when Brachle opened fire again.

The city of Albuquerque, in its response to the lawsuit, denied 
Grant's account of the shooting and the allegations that Brachle had 
missed the briefing.

Grant's "injuries were caused by an independent, intervening cause or 
intervention for which the City cannot be held liable," the city's 
response states. His "injuries were caused by the sole or comparative 
fault of persons other than the City."

City Attorney Jessica Hernandez said in a prepared statement that the 
shooting was a tragedy for everyone involved.

"We take Detective Grant's attorney's claims very seriously," she 
said. "However, at this point, we have a duty to fully defend against 
the allegations made by Detective Grant's attorney and believe the 
judicial process will prove the facts to be otherwise."

Grant, a narcotics detective working undercover, was in an unmarked 
police car with another officer trying to purchase methamphetamine or 
cocaine from suspects Edmond Vestor and Damien Bailey, according to 
court documents.

Grant was sitting in the rear driver's side seat. Holly Garcia, the 
undercover officer who was driving, said "Raiders' up," the bust 
signal, after she and Grant bought $60 worth of drugs.

Then, according to court documents, Grant broke his cover and 
identified himself as a police officer to the two suspects.

As Vestor and Bailey were being taken into custody, Brachle 
approached the vehicle and shot Grant, police have said.

Originally charged with drug trafficking, charges against Vestor and 
Bailey have been dismissed.

Police said after the shooting that one of the suspects had a pellet 
gun that was made to look real.

Police have released about 100 pages of police reports on the 
shooting. Not included in those documents are Brachle's explanation 
for why he opened fire or any surveillance or other types of video 
recordings of the shooting.

The police reports that have been released state that other officers 
involved in the drug bust told investigators Brachle had been 
"Downtown" prior to the shooting and had "just arrived" five minutes 
before the arrest attempt. Those officers also told investigators 
that Brachle may not have known there were two police officers, not 
one, in the car during the drug buy.

Gabaldon said his client's injuries were "devastating." He said Grant 
underwent dozens of procedures and operations in the several months 
he was hospitalized after the shooting. Grant also has been 
rehospitalized several times since his release because of 
complications, he said.
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