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Office of the District Attorney
Officer Involved Incident Review on DA File Number 2011-144-1
Decedent: Curtis Robinson (Non-lethal force used and cause of death determined to be
cocaine intoxication)
Officer Involved: Jeffrey MacFarlane, Albuquerque Police Department
Date of Incident: June 11, 2010
Location: 1916 Menaul Blvd. NE, Albuquerque, NM
APD Report # 10-055627
The Second Judicial District Attorney’s Office has completed its review of the
investigation by the Albuquerque Police Department in the above fatal Officer-Involved
Incident which occurred on June 11, 2010, in which non-lethal force was used and the
cause of death was determined to be cocaine intoxication. The District Attorney will not
pursue criminal charges against Officer Jeffrey MacFarlane.
The investigation of this officer-involved incident was not conducted in
accordance with the Memorandum of Understanding between the Albuquerque Police
Department, Bernalillo County Sheriff’s Office, New Mexico State Police and the
Second Judicial District Attorney’s Office. The Albuquerque Police Department reports
prepared for this incident do not explain the reasons why this was not a multi-agency
investigation as set forth in the Memorandum of Understanding. Because the
investigation was not preformed in accordance with the Memorandum, a Chief Deputy
District Attorney was not contacted in this investigation. An on-call Violent Crimes
Assistant District Attorney was notified to approve a search warrant of the vehicle in this
case. While no explanation was provided for not following the protocol, the
circumstances and timing of the death, as well as the cause of death, may be the
explanation for the break in protocol.
The following materials were used in our review of this case: the complete police
report, crime scene report, OMI report, photographs from the incident and at the crime
lab, audio recordings of witnesses, witness interviews and witness statements. The Chief
Deputy District Attorney who prepared this report also visited the scene of the incident.
On April 15, 2013, the Robinson family was invited to submit information for
consideration in this matter. They did not submit a letter. Follow-up telephone calls were
made to Mr. Robinson’s family and their attorney requesting input. However, the family
and their attorney did not respond to telephone calls.
BRIEF SUMMARY
On June 11, 2010, Curtis Robinson was driving in the area of Menaul and
University. He was driving a black truck. Inside his vehicle was his three year old
daughter, Amajahnaya Robinson. Witnesses driving in the area stated that Mr. Robinson
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struck a light pole with the back of his truck after sliding through the intersection. His
daughter was on his lap and one witness indicated it appeared the three year old was
driving. Witnesses stated Mr. Robinson appeared to be under the influence of a
substance. After the accident, witnesses tried to contact him. He refused to open the
windows or doors. Witnesses called 911 and the police were dispatched to the location.
Officer Jeffrey MacFarlane was dispatched to the accident. When he arrived,
witnesses told him that, “The guy is locked in there with a kid and he is freaking out.”
The officer saw Mr. Robinson lying across the front seat with his three year old daughter,
Amajahnaya, on his lap. Mr. Robinson began convulsing. As a result, Amajahnaya was
thrown against the dashboard and into the back seat of the truck. The truck is a full sized
Ford F-150 dual cab truck. Mr. Robinson was six foot two inches and weighed two
hundred and twenty pounds. Officer George Wood and Officer Tanya LaForce arrived at
the location. All three officers were wearing the standard police uniform. They made
several requests to Mr. Robinson to open the windows and doors. He refused to obey the
officers commands. Fearing that Amajahnaya would be hurt, Officer MacFarlane made
the decision to break the truck window. They chose the passenger side window because
Amajahnaya was trapped on the driver’s side of the truck. Officer LaForce used her
police baton to break the window. When she could not break the window, she handed her
baton to Officer Wood. He struck the window and broke it.
Officers reached in and unlocked and opened the door. Officer MacFarlane
issued commands to Mr. Robinson to get out of the truck. He refused to comply. Mr
Robinson began yelling and kicking his legs. Officers were unable to reach Amajahnaya.
Becoming more concerned for her safety, Officer MacFarlane deployed his Taser. Mr.
Robinson was struck on the back. Officer MacFarlane continued to issue commands to
Mr. Robinson to exit the truck. Again, Mr. Robinson ignored these commands. Officer
MacFarlane tased Mr. Robinson a second time. Mr. Robinson did get out of the truck but
would not listen to officers’ commands. Mr. Robinson tried to get back in the truck. At
that point, he was tased a third time.
At that point, officers were able to control him and handcuff him. Officers
immediately requested rescue. Mr. Robinson started to convulse again. To prevent further
injury, officers moved Mr. Robinson to a concrete pad. They tried to obtain information
from him, but Mr. Robinson continued kicking his feet and mumbling. He was then
placed in a Passive Restraint System (PRS). (NOTE: A Passive Restraint System allows
for a person to be handcuffed and shackles placed around their ankles. An adjustable
nylon strap connects to the handcuffs and the shackles. The strap, when adjusted, allows
for a person to stand, walk in a shuffling manner, sit, and to be placed on the ground.)
This prevented him from kicking and causing injury to himself and officers. Mr.
Robinson repeatedly stated, “I didn’t do it,” and, “You know.” He also stated, “I want my
lawyer.”
Before rescue arrived, Mr. Robinson was placed on his side as a precaution.
Officer MacFarlane noted that Mr. Robinson drifted in and out of consciousness and was
becoming unresponsive. When rescue arrived, the PRS was removed. Mr. Robinson was
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transported to UNMH to receive treatment. At 11:00 p.m. on June 11, 2010, he was listed
as being in critical condition. On June 12, 2010, Mr. Robinson was pronounced dead at
the hospital. An autopsy was performed by the Office of the Medical Investigator. The
OMI doctors determined that Mr. Robinson died of cocaine intoxication. They also noted
the police restraint and tasing. Because they could not determine the exact role of the
interaction in the death, the manner of death was deemed undetermined.
PART I-INVESTIGATIVE FINDINGS
Detective Jason Morales was assigned follow-up investigation on June 12, 2010.
He reviewed incident reports, conducted follow-up interviews, obtained a search warrant,
reviewed OMI findings and criminalistics findings.
911 and Dispatch Calls
On June 11, 2010, a call was placed to 911 at 19:25:25 hours (7:25:25 p.m.) that
there was a traffic accident at University and Menaul. The information provided was that
a vehicle, a black Ford F-150, struck a pole by rolling across the intersection backward.
The caller said there was a child in the vehicle. The child was on the driver’s lap and was
being thrown around. The driver was refusing to open the door or windows. The caller
stated that the driver rolled across the whole intersection. It was relayed that the child
appeared to be approximately two years old. The caller stated that the driver appeared to
be, “Cracked out.” The caller stated that the child was, “Freaking out.” The driver was
throwing the child up in the air and waving his arms. The driver would not get out of the
car. The caller told dispatch there was an off duty New York police officer on scene.
Witnesses wanted to break the window to get the child to safety. Dispatcher said not to
do so and to wait for officers. The caller again told the dispatcher he is, “Freaking out.”
The caller stated a police officer drove off after seeing the incident. The caller expressed
concern for the safety of the child. On the background of the 911 recording, witnesses
can be heard repeatedly stating, “Open the door.” Another witness could be heard saying
the driver was “high.”
Officer Jeffery MacFarlane was dispatched to the call at 19:26:16 hours (7:26:16
p.m.). The information on his call was that there was an accident where a vehicle struck a
pole. There was a child in the lap of the driver who was refusing to open his door. The
call further stated that there was an off-duty out-of-state officer on scene.
OFFICER JEFFERY MACFARLANE
Officer Jeffery MacFarlane prepared a written report. He stated that on June 11,
2010, he was dispatched to University and Menaul regarding a traffic accident. The call
indicated that a black male drove into a pole and he had a child on his lap. The comments
also indicated there was an off-duty New York police officer who was trying to get the
male to open the door. When he arrived, Officer MacFarlane observed a back Ford
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pickup truck near the southwest corner, backed up on the curb. (See Exhibit 1) There
were 4 or 5 witnesses standing near the truck, flagging down the officer. He could see
that the truck was rocking back and forth. Witnesses told him that, “The guy is locked in
there with a kid and he is freaking out.”
Officer MacFarlane walked up to the driver’s side door and knocked on the
window several times trying to get the driver’s attention. The male, later identified as
Curtis Robinson, was lying on his back across the front seat with a small child,
“approximately 5 years old,” on top of Mr. Robinson. Mr. Robinson began to convulse,
tossing the child against the dashboard and the back of the seat. (See Exhibits 2 and 3)
Officer MacFarlane tried to open the truck doors, but they were locked. He continued to
knock on the door and ordered Mr. Robinson to open the door. Mr. Robinson continued
to convulse, causing the truck’s horn to go off several times. (Note that a vehicle horn can
be heard on Officer MacFarlane’s digital recording of this incident.)
Officer Wood and Officer LaForce arrived to assist. Officer MacFarlane wrote
that he became concerned for the immediate safety of the child and Mr. Robinson. It
appeared to him that Mr. Robinson may have been under the influence of alcohol or
drugs. He told Officers Wood and LaForce that they needed to force entry to the truck
through the right front passenger side to get Mr. Robinson and the child out of the truck.
He stated he was the designated officer to use less than lethal force if needed. Officer
LaForce attempted to break the window but struck the frame instead. She then handed the
baton to Officer Wood to break the window, which he did. (See Exhibit 2) Officer Wood
then reached inside the open truck door.
Officer MacFarlane gave Mr. Robinson verbal commands to crawl out of the
truck. Mr. Robinson continued to convulse his body and push himself toward the driver
side. The child had climbed into the rear portion of the cab. The officer continued to give
Mr. Robinson commands. Mr. Robinson then began kicking and yelling. The officer
could not understand what Mr. Robinson was saying. Again, the officer gave Mr.
Robinson commands. Mr. Robinson was unresponsive. Officers were unable to grab him
because he was violently kicking his legs. They were also unable to get the child out of
the truck. Mr. Robinson then turned his back to the officers. Officer MacFarlane
deployed his Taser, striking Mr. Robinson with both probes. One struck his upper back
and the other below his buttocks. Again, the officer gave Mr. Robinson commands to
crawl out of the truck. Mr. Robinson began crawling towards the officer, but then looked
at the officer and crawled back into the truck while continuing to kick his feet. At this
point, the probes were still attached to Mr. Robinson and Officer MacFarlane cycled the
Taser, again. The officer continued to give commands to Robinson to get out of the
vehicle. Mr. Robinson did get out. The officer commanded him to the ground. Instead of
complying, Mr. Robinson turned toward the truck as if he was going to get back in it. The
officer cycled his Taser a third time. During the third Taser cycle, the officer dropped his
Taser. Officer MacFarlane and Officer Wood took Mr. Robinson to the ground. Once Mr.
Robinson was on the ground the Taser cycle stopped and Mr. Robinson tried to get up
again. Officers were able to handcuff Mr. Robinson and search him. Officers then
immediately called for rescue.
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Mr. Robinson was yelling, “No! No! I didn’t do it! No!” Mr. Robinson was lying
on glass and convulsing. Officers moved him to a nearby concrete pad. (See Exhibit 4)
The officer tried to obtain information from Mr. Robinson. At this point, he was
mumbling and kicking his feet. He was then placed in a Passive Restraint System (PRS)
to prevent him from kicking and causing further injury to himself and others. Mr.
Robinson was placed on his side until rescue arrived. During this time, he was drifting in
and out of consciousness and was becoming non-responsive. Rescue then arrived and the
PRS was removed along with all restraints. Rescue personnel determined he needed to be
transported to the hospital. Officer Montano went to the hospital to have a blood draw
conducted and to stand by with Mr. Robinson. The purpose of the blood draw was to
determine what substances Mr. Robinson had in his system to support possible Driving
While Under the Influence of Alcohol or Drugs and Child Abuse charges.
Initially, CYFD took custody of the child. She was eventually released to her
mother, Erica Rivera. Erica asked Officer MacFarlane, “He was probably high wasn’t
he?” The officer said he wasn’t sure but it appeared that way. She then asked, “Was the
inside of his mouth white?” He told her it was. She then said, “Yep he was high”… “He
was probably drinking too.” She then asked her daughter, “Was your daddy drinking?”
Amajahnaya nodded her head and said, “Yes.”
Because he was still in the hospital, Officer MacFarlane decided to release Mr.
Robinson from custody and to forward the case to the District Attorney’s Office for
review. Additionally, Officer MacFarlane ran Mr. Robinson’s information through
NCIC, and it was determined his driver’s license was revoked due to a prior DWI.
NOTE: The officer, the truck, the Taser (See Exhibit 5), the probes (See Exhibits
4, 6 and 7) and the scene were photographed by Albuquerque Police Department Field
Investigator, William Harris.
Officer MacFarlane’s Digital Recording
Officer MacFarlane had a digital recorder on his person, which captured the
incident. The dispatch call can be heard. Officer MacFarlane arrives at the location.
Witnesses can be heard relaying information about the accident. The witnesses relay that
Mr. Robinson slid across the roadway into the pole. They stated he appeared high and
that there was small child in the car. The witnesses say they didn’t want to break the
windows because of the child. The witnesses added, “He’s crazy-freaked out.”
Officer MacFarlane can be heard saying, “He’s freaking out,” and he tells another
officer, “Take out the window and I will tase him.” Officer Wood can be heard telling
Officer LaForce where to break the window. The breaking of glass can be heard. Officer
MacFarlane is then heard saying, “Just relax.” A child can be heard crying. Officer
MacFarlane is commanding, “Crawl out towards me.” (He says this several times.) He
also says, “Do it now.” The Taser can then be heard. After the first tasing, Officer
MacFarlane commands several times, “Crawl out, crawl out, on the ground.” Mr.
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Robinson is warned he will be tased again. The second tasing can be heard. Mr. Robinson
is then commanded to get on the ground. A third tasing is then heard.
A child is again heard crying. Officer MacFarlane states, “Just relax it will get
worse.” The handcuffing can then be heard. Officer MacFarlane then asks, “How’s the
kid?” Officer LaForce can be heard requesting rescue and a field investigator. She also
requests that the child be examined by rescue. Officer MacFarlane continues to tell Mr.
Robinson to relax. Mr. Robinson can be heard several times stating, “I know…I didn’t
do it…you know.”
Officer MacFarlane asked him several times for his name. Mr. Robinson did not
give his name. Officers decided to roll him on his stomach. He continued to say, “I didn’t
do it.” Officers told him to stop kicking. He continued to say, “I didn’t do it.”
They moved him from the area where there was broken glass so he wouldn’t cut himself.
He is asked if he is alright and to quit kicking. Officers are heard discussing whether to
use a PRS. Officer MacFarlane states that he is unsure of adverse affects. The officers
then decide to use the PRS. The placing of the PRS shackles can be heard. Mr.
Robinson’s speech then becomes more unclear. He is mumbling, “I didn’t do it…I want
my lawyer.” He is heard grunting. Officer MacFarlane states they are standing by to see
if he will be taken by rescue. Officers then roll him on his side. Mr. Robinson is asked his
name several times. He continues to mumble. Officer MacFarlane is concerned that
rescue hasn’t arrived. He asks dispatch for the status of rescue personnel.
Officer MacFarlane is heard telling rescue personnel what happened. He states
that Mr. Robinson hit a pole. He was, “Tweaking out on front seat, kicking the door and
resisting.” He states that Mr. Robinson was then tased three times. Once he was in
custody, he continued to resist. He also stated that Mr. Robinson was in and out of
consciousness. He relays the location of the probes, including the one behind the left arm.
On the recording, Officer MacFarlane relays the events to three other officers at
separate times. These statements are consistent with his report and the recording of the
tasing incident. An officer can be heard asking Mr. Robinson for information on his
child’s mother. He relays the name, “Erica,” but no further information is given by Mr.
Robinson.
The remainder of the recording included what the potential charges would be,
along with what would happen with the child. He was identified as Curtis Robinson. His
driver’s license was revoked and officers determined his vehicle would be seized.
Officers also discussed that blood would need to be drawn.
Officer MacFarlane’s Follow up-interview
Detective Jason Morales contacted Officer MacFarlane regarding a “fourth”
trigger pull on his Taser. (NOTE: His Taser download information indicated at 4th trigger
pull 12 minutes after the first three trigger pulls.) Officer MacFarlane said that he always
checked his Taser to ensure it was functioning properly after each Taser deployment. He
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did this after this incident, by pulling the trigger a fourth time. He further stated he was
nowhere near Mr. Robinson when he checked his Taser. He did this near his patrol
vehicle.
OFFICER JOSHUA MONTANO
Officer Joshua Montano prepared a police report regarding this incident. Officer
Montano was dispatched to assist Officer MacFarlane. When he arrived on scene, Officer
Montano saw a truck at the southwest corner of the intersection. He observed Officer
MacFarlane and two other officers on the passenger side of the truck. The officers were
taking a male into custody. The male, later identified as Curtis Robinson, was lying on
the ground face down, with his hands cuffed behind his back. Officer Montano noticed
shattered glass on the ground on the passenger side where Mr. Robinson was lying and
the front passenger side window was broken. (See Exhibits 1 and 2)
Officer Jones assisted Officer MacFarlane in restraining Mr. Robinson, who was
refusing to remain still. Mr. Robinson was saying, “Man, I didn’t do it.” He was also
kicking his feet. Officer Jones told him to stop kicking, but he refused. Officer Jones took
hold of his feet and restrained him so he couldn’t kick. Officer Montano noticed a Taser
probe in Curtis’ left inner tricep muscle, as well as his left rear pants pocket. It appeared
that the Taser probe in his rear pocket had not made contact with skin and was moving
freely with his pants.
Due to the shattered glass around Curtis, Officers Montano, Jones and
MacFarlane moved him to an empty parking lot 10 feet from the truck. (See Exhibit 4)
Mr. Robinson was placed on the ground, lying on his stomach, so that the Taser probes
would not injure him. Officer Montano was of the opinion that Mr. Robinson was
possibly under the influence of some type of narcotic.
While he was on the ground, he continued to move and refused to remain still. He
continued to kick. Officer MacFarlane took hold of his feet and restrained him so that he
would not continue to kick. A PRS was utilized to secure him from kicking and was
placed on his ankles by Officer MacFarlane. While waiting for rescue, he became
unresponsive to officers. He appeared to slowly lose consciousness. Rescue arrived and
began treating him. Rescue removed the Taser probes from his left arm and rear pocket.
Rescue informed Officer Montano that the Taser probe in his left pocket had not made
contact with his skin. They requested the handcuffs be removed to treat him. Officer
Montano removed the cuffs from his wrists and the PRS from his ankles.
Officer MacFarlane explained what had occurred during the tasing incident. He
explained that Mr. Robinson was being non-cooperative and refused to exit the vehicle.
Officer MacFarlane informed him that he cycled the Taser a total of 3 times before being
able to remove him from the truck and place him in custody.
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Mr. Robinson was taken to the hospital by ambulance. Officer Montano followed
him. He was treated in the trauma center. A doctor told Officer Montano that Curtis was
in critical condition. The doctor stated he was unsure why he was unresponsive. Officer
Montano remained at the hospital to monitor his status. He requested a blood tech draw
blood. The blood tech took a sample after Officer Montano read Mr. Robinson the
implied consent act, though he was still unresponsive. Hospital personnel informed the
officer that Mr. Robinson was still in critical condition and was going to be taken for a
CT scan. He was taken to the intensive care unit. Officer MacFarlane notified Officer
Montano they would be submitting a case to grand jury for review of the charges against
Mr. Robinson and that he could leave the hospital.
Officer Joshua Montano’s belt tape
Officer Joshua Montano had a belt tape recording of his involvement in this case.
The quality of the tape is very poor. However, the portions that can be heard appear to be
consistent with the events relayed in his police report. Mr. Robinson can be heard on the
tape stating, “I didn’t do nothing…Call my lawyer.” He can also be heard grunting.
Another portion of the tape appears to be from the hospital. Mr. Robinson is heard
mumbling.
OFFICER JUSTIN JONES
Officer Justin Jones wrote in his statement he proceeded to the location to assist
Officer MacFarlane. When he arrived he saw the vehicle. He witnessed Officer
MacFarlane and a bike officer on the passenger side of the truck. As he approached, he
observed a black male on the ground in handcuffs. The male was struggling and kicking
at officers, even though he was restrained. Officer Jones held Mr. Robinson’s legs to
prevent him from kicking officers. It appeared that Mr. Robinson was under the influence
of drugs. He was non-responsive and extremely agitated. Because of his thrashing and
glass in the area, he was moved to a clear spot. Mr. Robinson was placed in a PRS due to
his continued kicking at officers. Officer Jones placed shackles on his ankles. Officer
Jones then waited with witnesses as they completed their written statements. He also
waited with the child until she was taken to the substation.
OFFICER GEORGE WOOD
Officer George Wood wrote in his report that he heard the dispatched call
regarding an accident at University and Menaul involving a small child that was sitting
on the driver’s lap. Because he was nearby, he went to the call to provide assistance. As
he arrived, he observed Officer MacFarlane issuing loud commands at the driver’s side of
the vehicle. He was commanding the driver to open the door. The driver was yelling and
kicking inside the vehicle. Officer Wood also saw a small child crying and pinned by the
drivers’ body against the driver’s door. Mr. Robinson failed to respond to numerous
commands and pleas to open the door. Instead, he continued to yell and thrash in the
vehicle. He was also kicking the passenger door.
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Officer Wood wrote that because he feared for the safety of the child, he decided
to use his baton to shatter the passenger side window because it was the furthest from the
child. He broke the window and opened the door. (See Exhibit 2) Mr. Robinson
continued to yell and kick his legs. Again, they gave him commands without success.
Because of his thrashing and kicking, they could not get to the child or safely approach
Mr. Robinson. Officer MacFarlane deployed his Taser and they were finally able to get
Mr. Robinson removed and handcuffed. Officer Wood noted this was for his safety, the
officers’ safety and the safety of the child. Once Mr. Robinson was removed, officers
were able to take the child from the vehicle.
OFFICER TANYA LAFORCE
Officer Tanya LaForce wrote in her report that she was on patrol with Officer
Wood. She also heard the dispatched call. She heard that an out-of-state officer was at the
traffic collision. There was a male driver who struck a pole with a small child on his lap.
The driver was refusing to open the door. Officers LaForce and Wood responded to the
scene.
They saw a black truck against a power pole. Officer MacFarlane was at the
driver’s side door yelling for the driver to open the door. Officer LaForce approached the
passenger side and saw Mr. Robinson yelling and thrashing around the vehicle. She
observed a small girl in the vehicle, crying and looking scared. As Mr. Robinson
continued to thrash around, the child was pinned several times between the driver and the
door. The doors were locked, so the officers decided to break the window. Officer
LaForce used her baton to try to break the widow. She struck the door frame. She then
handed the baton to Officer Wood to break the window, which he did. Once the truck was
open, Mr. Robinson was given commands. Mr. Robinson continued to thrash around,
unable or unwilling to comply with commands. Officer MacFarlane then tased Mr.
Robinson. After the first cycle, he again began to thrash, kick and yell. Officers were able
to get him down and handcuffed. The child reached out to Officer LaForce. She then took
the child to her police car, while Mr. Robinson continued to struggle with officers. A
female witness stayed with the child so that Officer LaForce could help the other officers
with Mr. Robinson.
NOTE: Officer LaForce does not mention the second and third tasing cycles in
her report. Also, Officer LaForce can be heard on the dispatch recordings requesting
rescue personnel after the tasing. She also requests a Field Investigator. She states she
wants rescue to examine Amajahnaya, the young child.
ERICA RIVERA
Detective Morales spoke to Ms. Erica Rivera on June 12, 2010 and June 14, 2010.
She stated on June 11, 2010, she saw Mr. Robinson at her place of employment. He was
there between 2:00 and 3:00 p.m. He was there with their daughter, Amajahnaya. He
appeared to be fine at that time. She knew him well enough to know if he was under the
influence of drugs or alcohol. She thought they were on their way home. Erica called him
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after work. She could not reach him. She later found out about the accident and contacted
the police to locate her daughter.
Erica stated that Mr. Robinson had issues with illegal narcotics. She said when he
used drugs he could become paranoid and violent, including becoming violent with
police. He also had mental health issues. He had been diagnosed as bi-polar, paranoid and
he had PTSD. She said he took medications for his mental health issues. He had been in
mental health facilities on several occasions. She said he was paranoid around police
officers, but that he would never hurt their daughter. Erica and Mr. Robinson were no
longer involved romantically, but remained close. He spent time with their daughter
whenever possible. She stated that Kristy Ramos was his current girlfriend.
NOTE: Detective Morales’ report indicates that the interview of Ms. Rivera was
recorded and submitted to APD evidence. This recording was requested by the District
Attorney’s Office. This recording was not included in the items submitted to the District
Attorney’s Office. A subsequent request was made, but we never received a copy of the
recorded interview.
DEBRA CASTELLO
Ms. Debra Castello prepared a written statement for officers. Her statement
indicated that she witnessed the accident and stopped to provide assistance. She observed
the black Ford truck driving in reverse on the crosswalk, rapidly slamming into a light
pole. (See Exhibits 1 and 2) She also saw a State Police car that drove past the accident.
Ms. Castello witnessed a little girl in the truck on the front seat. She saw the male driver
kicking. It appeared to her they may be “fighting.” She wrote that police arrived and
could not get the driver to open the door. The police then broke the window and opened
the door. The driver would not get down on the ground or do anything the officers asked
after repeated attempts. It was then that she saw officers tase Mr. Robinson twice. Ms.
Castello held the little girl for police.
KENTON LEWIS
Mr. Kenton Lewis told officers that he witnessed the accident and stopped to
provide assistance. He prepared a written statement. In his statement, he indicated that he
saw a car drive in reverse across the intersection and run into a utility pole. (See Exhibits
1 and 2) He was waiting at a light directly in front of the car. As he passed the black
truck, he noticed a child was driving. He stated they walked to the vehicle and called
police.
Detective Morales left several messages for Mr. Lewis to contact him for an interview.
Mr. Lewis failed to respond and no formal interview was taken.
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LANCE MARTIN
Mr. Lance Martin wrote that he saw a black truck rolling backward across the
intersection of University and Menaul. It kept rolling until it backed into the southwest
street light. (See Exhibits 1 and 2) He drove by and noticed a young girl sitting behind the
wheel. His three friends came over to help and called police.
Detective Morales left several messages for Mr. Martin to contact him for an interview.
Mr. Martin failed to respond and no formal interview was taken.
JUSTIN LARSON
Mr. Justin Larson wrote in his statement that he was sitting in a car at the stop
light. He saw a black Ford F-150 truck with a Michigan license plate back into a pole,
reversing from the other side of the intersection. (See Exhibits 1 and 2) They pulled over
and called police. Police arrived, busted the window and tased the driver. During this
time, there was a three year old girl on the driver’s lap. He went on to say that it appeared
the guy was, “Cracked out.”
ANTHONY TORRES
Mr. Anthony Torres wrote in his statement that while stopped at University and
Menaul, he saw a black Ford pickup truck back into a pole. (See Exhibits 1 and 2) Inside
the truck were a black male and a child.
On July 7, 2010, Detective Morales spoke to Mr. Torres. He told Detective
Morales that he told officers Mr. Robinson appeared to be “high” (“hallucinating” and
“paranoid”). Anthony saw officers force entry into Mr. Robinson’s vehicle by breaking
one of the windows and ordering him out of the truck. Mr. Robinson refused to comply
with the officers’ commands. He stated Mr. Robinson was using the child as a “blanket.”
Mr. Torres said that Mr. Robinson was tased one time by an officer. Anthony stated Mr.
Robinson was eventually taken into custody and handcuffed after “resisting” arrest. Mr.
Torres added the officers did not do anything inappropriate and that they did not use
excessive force. Mr. Torres stayed at the scene until rescue arrived. He said that Mr.
Robinson was conscious and breathing the entire time. He did state that it appeared he
lost consciousness when rescue arrived.
NOTE: Detective Morales indicated in his report this was a telephonic interview which
was not recorded.
ADDITIONAL INVESTIGATION
Detective Jason Morales attempted to contact Mr. Robinson’s girlfriend, Kristy
Ramos, but he was unsuccessful. It is important to note the truck was registered to a
Herbert Ramos. There was no indication in the reports that contact was made with Mr.
Ramos.
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Detective Morales also obtained a search warrant for the vehicle. Evidence from
the truck was reviewed by CSI Detective Mike Kleinfeld. His report is discussed in these
findings.
Detective Morales’ report indicates that a local hotel provided surveillance
footage that showed the accident. This was submitted to APD Evidence. This footage was
requested by the District Attorney’s Office, along with all evidence submitted in this
case. The footage was not provided. When asked again for this footage, APD Evidence
personnel indicated they had provided all evidence to the District Attorney’s Office.
FINDINGS OF CRIMINALISTICS (“CSI” INVESTIGATORS)
Detective Mike Kleinfeld was the criminalistics detective who prepared the Crime
Scene Report. His report reiterates the statements given by the officers involved, as well
as the civilian witnesses. The initial investigation included the collection of evidence and
photographs. Field Investigator Harris was called to the scene on June 11, 2010. He
photographed Officer MacFarlane. (NOTE: Photographs show Officer MacFarlane in his
police uniform with no noticeable injuries or markings.) In addition, FI Harris collected
the Taser cartridge, one green blast door, both probes, wire and two AFIDs. (NOTE: An
AFID is a confetti like segment that shoots out of a Taser when the cartridge is deployed.
This segment is identified with a serial number for the Taser.) (See Exhibit 10) Detective
Kleinfeld collected Tasers belonging to Officers Montanto and MacFarlane on June 12,
2010.
Detective Kleinfeld noted that the photographs show the 2003 Ford F-150 was at
the southwest corner of the intersection. (See Exhibit 1 and 2) A large power pole was
approximately five feet behind the truck and there was damage to the rear of the truck,
apparently from striking the pole. There was glass on the ground under the passenger side
of the door. A Taser cartridge was recovered from a concrete slab by the northeast corner
of the Quonset hut. (See Exhibits 4, 6 and 7) One blast door from the Taser cartridge was
recovered from the front passenger floorboard along with an AFID. (See Exhibits 8, 9
and 10) Note: A blast door is at the end of the Taser cartridge. When a Taser is deployed,
the blast door comes off the cartridge as the probes come out of the cartridge.
Detective Kleinfeld also noted the items collected during a search warrant of the
vehicle. Detective Kleinfeld stated the cab and bed were in total disarray, filled with
clothing, mail, toys, trash and miscellaneous personal items. (See Exhibits 11, 12 and 13)
There was damage to the rear bumper and tailgate, consistent with the vehicle backing
into a pole. Detective Kleinfeld noted several prescription medications were located and
collected from the cab of the truck. (See Exhibits 13, 14, 15 and 16) These included
prescription bottles with pills. (See Exhibit 18) The bottles were marked as containing
the following drugs: Xanax, Prozac, Tigan, Naprosyn. In the cab, a bottle of liquid
medicine, identified as Hydrocodone, was also found. In the bed of the truck, officers
located one unlabelled prescription bottle with 40 blue capsules and prescription bottles
with pills labeled with following drugs: Depatoke, Fioricet, SMZ/TMP, Cyclobenzapr,
Prozac, Promethazine, Zolipedem and Oxycod/APAP. None of the labels were prescribed
12
to Mr. Robinson. With the exception of one prescription made out to Conchita Savaria,
all the remaining prescriptions were made out to Kristy Ramos. Drug paraphernalia was
also collected from the truck, as noted in the search warrant. This included the pipe that
was found on the seat. (See Exhibits 19 and 20)
Detective Kleinfeld’s report summary is consistent with the witness statements,
officer statements, OMI report, photographs and collected evidence.
OMI FINDINGS
An autopsy was performed on Curtis Robinson on June 12, 2010 by Medical
Investigator Michelle Aurelius M.D. and Alice Briones, D.O., Fellow in Forensic
Pathology at the New Mexico Office of the Medical Investigator. The autopsy
documented the following injuries to Mr. Robinson:
On the scalp there were two 1/2 inch by 1/4 inch abrasions. Above the right
eyebrow was a 2 by 1/4 inch red-brown, dried abrasion. From the right eye to the temple
was a 3/4 inch x 1/4 inch red abrasion. On the right check was a 1 1/4 inch by 3/4 inch
irregularly shaped red-brown abrasion. On top of his left shoulder was a 1 by 1/2 inch
red-brown abrasion.
On the left arm there was a 20 by 2 1/2 inch area where there were numerous 1/8
by 1/16 inch orange-red abrasions randomly oriented and irregular in shape. On the left
shoulder was a 1 inch by 1/8 inch round puncture site that was a possible Taser barb
mark.
In the right posterior popliteal foss (back of the knee) was a 2 inch horizontally
oriented purple-black contusion. One 1/2 inch below the previous contusion, was another
1 1/2 purple-red horizontally oriented contusion. Immediately at the popliteal fossa is a 1
3/4 inch horizontally oriented purple-red contusion. On the back of the right calf,
immediately below the popliteal fossa, there was a 4 by 2 1/2 inch area or purple-gray
contusion.
The report also provided the following pathologic diagnoses:
1. Drug Intoxication: a. Indicator of cocaine use in blood. b. Severe
shock/multi system organ failure in hospital. c. History of elevated
creatitine. d. global hypoxia/ischemia of brain.
2. Emphysema.
3. Mild cardiomegaly: concentric left ventricular hypertoroph and history
of drug abuse
4. Injury of the skin: abrasions of head, abrasions and contusions of
extremities, injury consistent with taser barb, posterior left shoulder.
The opinion of the OMI doctors was that Mr. Robinson died of drug (cocaine)
intoxication. Included in this opinion was the original interaction with police to
include his being tased and being placed in the passive restraint system. When he was
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taken to the hospital he presented with severe shock/multiorgan failure and a tense
abdomen. A CT scan of the cervical spine, head, check, abdomen and pelvis did not
detect any injury. He remained unresponsive with bloody diarrhea and died one day
after admission to the hospital. The OMI doctors also included mention of Mr.
Robinson’s past medical history of bipolar disease, schizophrenia, cocaine abuse,
alcohol abuse, crack and methamphetamine abuse and heroin abuse.
The autopsy revealed complications of cocaine intoxication use, including
ischemic bowel (dead bowel), global hypoxia/ischemia of the brain (death of brain
cells) and acute tubular necrosis (death of kidney cells from low blood flow). There
was also mild cardiomegaly (enlarged heart) that can occur with hypertension (high
blood pressure) and/or chronic stimulant drug use. Emphysema (damage to lungs
from smoke) was also found.
Toxicologic analysis taken from the hospital sample showed an indicator of
cocaine use.
The report states that cocaine can cause arrhythmias (irregular heart beats) with
resultant multisystem organ failure, including infarction (death) of the bowel. Bowel
infarction can lead to sepsis (bacteria in the blood) and death.
The death occurred during /following restraint and being tased, and since the exact role of
the interaction in death is unclear, the manner of death is undetermined.
Curtis Robinson’s toxicology results showed the presence of Benzoylecgonine
(Cocaine Metabolite).
Blood was drawn by APD and analyzed. The process is to analyze the blood for
alcohol. The results for alcohol indicated there was no alcohol. The procedure for APD’s
blood samples is to maintain them for six months. Should charges be proposed or filed, it
would be the responsibility of the officer or the District Attorney to request the sample be
sent to the Scientific Laboratory Division for further testing. This request was not done,
likely due to Mr. Robinson’s death. At the time of this report, the APD Crime Lab
indicated the sample had been destroyed. NOTE: The police report for this incident was
completed on December 8, 2010.
CONSIDERATION OF MR. ROBINSON’S FAMILY
A certified letter was sent to Mr. Robinson’s family on April 15, 2013. A signed
return receipt was submitted to the District Attorney’s Office. As of June 5, 2013, the
family has not responded. Subsequent telephone calls were made to Mr. Robinson’s
family and their attorney. The family and the attorney did not respond.
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POTENTIAL CHARGES AGAINST CURTIS ROBINSON
Had Mr. Robinson survived, the following potential charges would have been filed
against him:
1. Child Abuse Negligently Caused (No death or great bodily harm). NMSA
30-6-1. This is a third degree felony, which is punishable for up to three
years of incarceration.
(For his actions of driving recklessly, by striking a pole while under the
influence of drugs with a child under the age of 18 in the truck).
2. Child Abuse Negligently Caused (No death or great bodily harm). NMSA
30-6-1. This is a third degree felony, which is punishable for up to three
years of incarceration.
(For having a child under 18 in a vehicle with access to several
prescription medications and a drug pipe).
3. Driving While Under the Influence of Drugs. NMSA 66-8-102. This is a
misdemeanor offense. Mr. Robinson had two prior DWI convictions. A third
DWI conviction is punishable for no more than three hundred and sixty four
days of which thirty days must be consecutively served in jail.
(Note that the blood sample collected by police was destroyed six months
after it was collected as is the policy of the police department. However
there was evidence to proceed on a DWI charge without the blood sample).
4. Resisting, Evading or Obstructing an Officer. NMSA 30-22-1. This is a
misdemeanor offense, which is punishable for a period of less than one year
in jail.
5. Reckless driving. NMSA 66-8-113. This is a misdemeanor offense. For a
first conviction, there is a period of incarceration of no less than five days
and no more than 90 days.
6. Possession of controlled substance - Four counts. NMSA 30-31-23. Each of
these is a fourth degree felony, which is punishable for up to eighteen
months.
(For various prescription drugs found in the truck).
7. Possession of Dangerous Drugs - Eight counts. NMSA 26-1-16. Each of
these is a fourth degree felony, which is punishable for up to eighteen
months.
(For various prescription drugs found in the truck).
8. Driving while Driver’s license is Revoked. NMSA 66-5-39. This is a
misdemeanor offense. The period of incarceration is not less than four days
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and no more than three hundred and sixty four days or participation in an
alternative sentencing program.
(Officer MacFarlane checked the status of Mr. Robinson’s driver’s license
on June 11, 2010).
9. Possession of Drug Paraphernalia. NMSA
30-31-25.1. This is a
misdemeanor offense, which is punishable for a period of less than one year.
(For the drug pipe located in the truck).
Mr. Robinson has seven prior convictions. Three of these convictions could be
used for habitual offender enhancement, resulting in an additional eight year sentence.
FACTUAL CONCLUSIONS BY DISTRICT ATTORNEY’S OFFICE
Based on the physical evidence which was collected and photographed, as well as
all witness statements and recordings, the factual conclusions are as follows: Mr.
Robinson was involved in an accident where he stuck a pole. Witnesses to the accident
rushed to the truck to render aid. They observed Mr. Robinson and Amajahnaya in the
truck. Mr. Robinson appeared to be under the influence of something. They knocked on
the window to give him and his daughter aid. He refused to let them in. They contacted
police and Officer MacFarlane arrived. He made the same observations. He, too, knocked
on the window and began giving commands to Mr. Robinson to open the door. He failed
to do so and began to convulse, which resulted in his daughter being tossed about the cab.
In order to protect her from injury and get her to safety, Officer MacFarlane decided to
break the window and get Amajahnaya out of the vehicle. The window was broken and
officers again gave him commands to get of the vehicle. Because Mr. Robinson would
not comply, Officer MacFarlene tased him. He continued to disobey officers and he was
tased two more times. Officers then handcuffed him and immediately called for rescue.
During this time, he continued to kick at officers. For their safety and his, they used a
PRS. Mr. Robinson became more incoherent. Rescue personnel arrived and Officer
MacFarlane explained the series of events. Mr. Robinson was transported and treated at
the hospital. He died the next day.
OMI performed an autopsy and determined that he died from cocaine intoxication, as was
consistent with the toxicology results. The OMI doctors concluded that with all of his
medical issues, including the tasing events, the manner of death was undetermined.
II-LEGAL ANALYSIS AND CONCLUSION
Due to the undetermined nature of his death, the District Attorney’s Office cannot
make a legal determination that there was any criminal liability to be assessed or
considered in terms of Officer MacFarlane’s actions. Had OMI conclusively stated that
the manner of death was due to the tasing, the following analysis would have been
addressed. However, note that the below analysis considers deadly force. The use of force
in this incident was “less than lethal.”
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APPLICABLE LAW:
In New Mexico, criminal liability is established only if it is proved beyond a
reasonable doubt that someone has committed all the elements of an offense
defined by New Mexico statute, and that the offense was committed without any
statutorily defined justification or excuse. While knowingly or intentionally
shooting and causing injury or death to another human being is generally prohibited
as aggravated battery or murder in New Mexico, the New Mexico statutes specify
certain circumstances in which the use of physical force or deadly physical force is
justified. Generally, there is no dispute that the officer in an Officer-Involved
Shooting intended to shoot at the person who is wounded or killed, thus the
determination of whether the conduct was criminal is primarily a question of
whether there was legal justification for the officer’s actions.
The New Mexico statutes provide that the use of deadly force is justified by
anyone, including peace officers, in the following situations:
NMSA, Section 30-2-7 Justifiable homicide by citizen.
Homicide is justifiable when committed by any person in any of the following cases:
A. when committed in the necessary defense of his life, his family or his property,
or in necessarily defending against any unlawful action directed against
himself, his wife or family;
B. when committed in the lawful defense of himself or of another and when there
is a reasonable ground to believe a design exists to commit a felony or to do
some great personal injury against such person or another, and there is
imminent danger that the design will be accomplished; or
C. when necessarily committed in attempting, by lawful ways and means, to
apprehend any person for any felony committed in his presence, or in lawfully
suppressing any riot, or in necessarily and lawfully keeping and preserving
the peace.
The question presented in cases where self defense or defense of another are
raised is whether, at the instant the person fired the shot(s) that wounded or killed
another, the person reasonably believed, and actually believed that he or another
person was in imminent danger of great bodily harm or death from the actions of
the person who was shot. In order to establish criminal responsibility for knowingly
or intentionally shooting another, the state must prove beyond a reasonable doubt
that the person doing the shooting either did not really believe he or another was in
imminent danger, or, if he did hold such belief, that belief was, in light of the
circumstances, unreasonable.
In addition to the above statute, New Mexico law also states that homicide by
a peace officer is legally justified under the following circumstances:
17
NMSA, Section 30-2-6 Justifiable homicide by public officer or public employee.
A. Homicide is justifiable when committed by a public officer or public employee or
those acting by their command and in their aid and assistance;
(1) in obedience to any judgment of a competent court;
(2) when necessarily committed in overcoming actual resistance to the
execution of some legal process or to the discharge of any other legal duty;
(3) when necessarily committed in retaking felons who have been rescued or
who have escaped or when necessarily committed in arresting felons fleeing from
justice; or
(4) when necessarily committed in order to prevent the escape of a felon from
any place of lawful custody or confinement.
B. For the purposes of this section, homicide is necessarily committed when a public
officer or public employee has probable cause to believe he or another is threatened
with serious harm or deadly force while performing those lawful duties described in
this section. Whenever feasible, a public officer or employee should give warning prior
to using deadly force.
New Mexico courts have found that Section 30-2-6 (B) is intended to provide
a police officer with a wider scope of privilege than the general public with regard to
the use of deadly force. A police officer may be legally justified in using deadly force
in a variety of situations that would not apply to self-defense or defense of others by
the ordinary citizen. Police officer justifiable homicide is sufficiently different from
self-defense or defense of others that is available to ordinary citizens. For example,
private citizens ordinarily may not be the aggressor and then claim self-defense. A
police officer may, however, have a lawful duty to be the aggressor in the course of
fulfilling his or her responsibilities to the public. This is another reason that
justifiable homicide is different from simple self-defense by citizen.
State v.
Mantelli, 2002-NMCA-033, ¶22, 131 N.M. 692, 697, 42 P.3d 272, 277.
Determining whether an officer’s use of force was reasonable is heavily factdependant. According to the United States Supreme Court, the standard for a police
officer is a reasonable standard that requires careful attention to the facts and
circumstances of each particular case, including the severity of the crime at issue,
whether the suspect poses an immediate threat to the safety of officers or others,
and whether he is actively resisting arrest or attempting to evade arrest by flight.
Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). The
reasonableness of a particular use of force must be judged from the perspective of a
reasonable officer on the scene, rather than with 20/20 vision of hindsight. Id. It
also must be remembered that the perspective of the officer is often made in a splitsecond decision and in different conditions. Arculeta v. LaCuesta, 1999-NMCA-113,
¶8, 128 N.M. 13, 988 P.2d 883.
Justifiable homicide is necessarily committed when a public officer has
probable cause to believe he or another is threatened with serious harm or deadly
force while performing lawful duties. State v. Mantelli, Supra. For there to be
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probable cause, the facts must be such as would warrant a belief by a reasonable
officer based upon the expertise and experience of the officer.
“Probable cause” means the evidence presented would cause a reasonable
person to believe that an offense has been committed and that the accused
committed the offense. Probable cause does not require proof beyond a reasonable
doubt. New Mexico Jury Instruction 14-8006.
LEGAL ANALYSIS
As stated previously, the undetermined cause of death makes it impossible to
assess criminal liability to Officer MacFarlane. However, based on the caselaw above
and the circumstances in this case, Officer MacFarlane’s actions were justified.
Under the facts of the present case, the question to be answered is whether Officer
MacFarlane’s use of “less than lethal” force against Curtis Robinson was justified
under either Section 30-2-7 NMSA (Justifiable homicide by citizen) and Section 30-26 NMSA (Justifiable homicide by public officer or public employee).
Under these statutes the following two issues must be determined: (1)
Whether Officer MacFarlane’s action in tasing Curtis Robinson was based on the
officer’s actual belief that Amajahnaya Robinson was in danger of imminent death or
great bodily harm as a result of what he saw Curtis Robinson do, and 2) Whether
Officer MacFarlane’s fear of imminent death or great bodily harm to Amajahnaya
Robinson was reasonable in light of all the circumstances of this event. This is
therefore both a subjective and objective analysis of the situation and Officer
MacFarlane’s actions.
CONCLUSION:
It is the conclusion of this office that there is no probable cause to charge Officer
MacFarlane with any crime in connection with the death of Curtis Robinson. Thorough
analysis of available evidence indicates that there is no definitive cause of death being
specifically linked to the officers. While OMI does state that the tasing could be a factor,
it is not the conclusive factor. If it were to be presumed that the tasing actions were the
cause of death, an analysis of the evidence justifies the officer actions. Officer
MacFarlane was acting in defense of Amajahnaya. She had been in a car accident. Her
father had slid across an intersection and struck a light pole. She was locked in a vehicle
with an uncooperative, and at some points, an incoherent parent. Witnesses indicated it
appeared that Mr. Robinson was high and freaking out. He would not let the witnesses, or
the officers, into the vehicle. They could not assess if the child was hurt in the accident.
Additionally, Mr. Robinson was convulsing and tossing her about the cab. To prevent
further injury, they broke the truck’s window to release Mr. Robinson and the child. After
doing so, Mr. Robinson refused to cooperate and Amajahnaya could not be taken from
the vehicle. The only option they had was to use less than lethal force by tasing him. He
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continued to disobey the officers and he was tased two more times. At that point, he was
committing the crime of Child Abuse. All of the witnesses gave consistent accounts to
the events set forth by Officer MacFarlane. The photographic evidence, as well as the
physical evidence, are consistent with witness accounts. It was reasonable for someone
in Officer MacFarlane’s situation to have acted as he did to meet the perceived threat to
Amajahnaya under the circumstances.
The District Attorney will not pursue any criminal charges against Officer Jeffrey
MacFarlane.
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Report Attachments
1.
2.
3.
4.
Photograph of Black Ford Truck in intersection at Menaul and University.
Photograph of Black Ford Truck with passenger side window glass on asphault.
Photograph of Black Ford Truck cab.
Photograph of concrete pad that Mr. Robinson was take to by police. Tazer cartridge
and probes are also depicted.
5. Photograph of taser.
6. Photograph of taser cartridge and probes.
7. Photograph of taser cartridge and probes.
8. Photograph of taser blast door in Black Ford Truck cab.
9. Photograph of taser AFID in Black Ford Truck cab.
10. Photograph of taser cartridge, probes, blast door and AFID.
11. Photograph of Black Ford Truck cab.
12. Photograph of Black Ford Truck cab.
13. Photograph of Black Ford Truck cab.
14. Photograph of Black Ford Truck cab.
15. Photograph of Black Ford Truck cab.
16. Photograph of Black Ford Truck cab.
17. Photograph of Black Ford Truck cab.
18. Photograph of prescription bottles removed from the truck.
19. Photograph of drug pipe in the truck.
20. Photograph of drug pipe from the truck.
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