Lawyer for cops who went to the wrong address and killed a man says they had to use deadly force
FARMINGTON — An Albuquerque attorney representing three New Mexico police officers involved in the deadly shooting of a 52-year-old man in the doorway of his home after going to the wrong address on April 5 says the officers had no choice but to use deadly force.
Dotson, who was armed with a handgun, was shot dead by the officers after responding to repeated knocking on his door. The officers were investigating a report of domestic violence, but they had gone to the wrong address, knocking on the door of Dotson’s house by mistake.
Dotson family attorney Shon Northam called his death an “assassination” and called for the officers to face second-degree murder charges, claiming they knew they had gone to the wrong place. He also called for the resignation or firing of Police Chief Steve Hebbe and said the family plans to sue.
Luis Robles, who said he is representing Farmington Police Officers Waylon Wasson, Daniel Estrada and Dylan Goodluck, claims that when Dotson answered the door, he pointed his weapon directly at one of the officers, and, “ … the officers had to use deadly force to defend themselves from the armed and deadly threats posed by Mr. Dotson.
"The officers never wanted to shoot Mr. Dotson or at Mrs. Dotson," Robles wrote in a letter. "Sadly, Mr. Dotson created the set of circumstances that gave the officers no real choice but to use deadly force.”
Robles also addressed the short gun battle that ensued between the officers and Robert Dotson’s wife, Kim, who picked up her husband’s handgun and fired at the officers before realizing they were police.
“The officers had no choice but to return fire,” he wrote.
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Robles acknowledged Dotson’s Second Amendment rights. But he alleged the couple stepped over the line on April 5.
“The Second Amendment does not give the Dotsons the right to commit the felony crime of aggravated assault upon a peace officer with a deadly weapon,” the officers' lawyer said.
“The Dotsons did not have a right to threaten and shoot at the officers who had done nothing more than knock on the front door and announce their presence. At no time did the officers present a threat to the Dotsons. At no time did the officers attempt to gain entry into the home. Under the facts of this case, the Dotson’s decision to threaten and shoot at the officers was unlawful.”
The Farmington Daily Times, a member of the USA TODAY Network, was unable to reach Northam//, the family's lawyer, for comment on Robles' letter.
Robles said no one forced the Dotsons to point the gun at officers or to shoot at them
"The officers were clearly visible, calmly announced themselves multiple times, and did nothing to suggest that they were trying to force their way into the Dotsons’ home," he wrote. "There could be no doubt that they were police. And yet Mr. and Mrs. Dotson made an incomprehensible decision that put themselves and these officers in grave danger. The officers’ actions were justified, and I stand by their decision to use deadly force.”
The results of the State Police investigation will be turned over to the 11th Judicial District Attorney’s Office in Farmington. That agency will determine if the officers will face charges in the shooting.
Mike Easterling can be reached at measterling@daily-times.com.
This article originally appeared on USA TODAY NETWORK: Lawyer: N.M. Police officers at wrong address had to use deadly force
