McGINN CARPENTER MONTOYA & LOVE CHANGING LAWS SAVING LIVES 201 Broadway SE Albuquerque, NM 87102 jiii505.843.6161 I: 505.242.8227 il 800.259.9240 Randi@McGinnLaw.com Partners: Randi McGinn Allegra C. Carpenter A. Elicia Montoya Kathy Love Katie Curry Associate Attorneys: Michael E. Sievers Samuel H. Walker TO NM OF November 9, 2016 Via E-Mail Only Luis Robles, Esq. Eric Loman David Roman, Esq. Sam Bregman, Esq, Nick Autio, Esq. Bregman & Loman, P.C, ROBLES, RAEL & ANAYA, P.C. 500 Marquette Ave. NW 9013rd Street Suite A Albuquerque, NM 87102 Albuquerque, NM 87102 sb(%bregmanlawfirm. corn luis(%roblesrael. corn david(%roblesrael. corn Monnica L. Garcia, Esq. nick(%roblesrael. corn Law Office of Monnica L. Garcia, LLC 1110 2nd St NW Albuquerque, NM 87102 monnicalgarcia(% gmail, corn Re: Boyd - State v. Sandy, CR 2015-00104, and State v. Perez, CR 2015-00105 Counsel: This letter in response to Mr, Loman's letter of Monday, November 7, 2016. Thank you for your prompt reply. We cannot accept your offer to resolve this case upon Defendant Sandy's permanent surrender of his law enforcement certification. As stated previously, the intentional decisions of Keith Sandy to insert himself into this matter directly caused the death of James Boyd. Instead, we propose the following - our last, best confidential plea offer to resolve this case: 1,) Keith Sandy agrees to plead guilty to Conspiracy to Commit Aggravated Battery with a Deadly Weapon, pursuant to NMSA 30-3-5 and 30-28-2, a fourth degree felony; 2.) The State will not ask for any jail time at sentencing or in the pre-sentence report. Under the New Mexico Constitution, Mr. Boyd's family members will have the right to say whatever they want at sentencing or in the pre-sentence report; and Page 2 3.) Keith Sandy will give up his certification as a law enforcement officer and agree never to apply for a job in law enforcement in the future. Should Defendant Sandy agree to all of the conditions above, the State will dismiss with prejudice all charges against Defendant Dominique Perez. As with the previous offer, this is a confidential plea offer to resolve this case made jointly to both defendants. Should the confidentiality of this offer be breached before an agreement is signed and finalized, it will be immediately withdrawn. This a package deal and must be agreed to by both defendants to proceed. This plea offer will remain open until Friday, November 11, 2016 at 5:00 p.m., when it will be withdrawn. I will then prepare to turn the case over to the incoming District Attorney, Raul Torres, with my recommendations about the charges that should be pursued by his office. In evaluating this plea offer, please be advised that we have been informed of some disturbing allegations about APD erasing, altering and corrupting lapel camera video in police shooting cases, particularly those involving Scorpion lapel camera SD cards. Investigation of these new allegations will be part of any continuing prosecution in this case. Please call if you have any questions. I ' Randi McGinn Special Prosecutor