*19121?95


OFFICE OF THE DISTRICT ATTORNEY

SECOND JUDICIAL DISTRICT
STATE OF NEW MEXICO

RAUL TORREZ
DISTRICT ATTORNEY

September 5, 2019

Shannon L. Kennedy

Kennedy Kennedy Ives
1000 Second St NW
Albuquerque, NM 87102?2216

Dear Ms. Kennedy:

1 am writing to inform yOu of a signi?cant policy change in how this office handles
officer involved shootings and to provide some guidance on obtaining a secondary review of the
Special Prosecutor?s ?ndings with regard to the shooting death of Mary Hawkes.

Like you, 1 am extremely frustrated by the inability of the New Mexico District
Attorney?s Association (NMDAA) to conduct a timely review of the materials you provided or to
complete an independent analysis of the Special Prosecutor?s determination. While I am mindful
of the lack of dedicated funding and resources to support this process, at this point I do not
believe that relying on the NMDAA is a reliable method for providing the kind of timely,
independent review to which 1 have always been committed.

As such, until the Legislature develops both a process and a dedicated funding source to
provide for a viable alternative, 1 will refer all matters that the Special Prosecutor has declined to
prosecute, including the April 21, 2014, shooting death of Mary Hawkes, to the New Mexico
Attorney General?s Office (NMAGO). The NMAGO has the requisite statutory authority to
investigate and prosecute any matter previously declined by the Special Prosecutor. Moreover,
they have considerably more resources and less dependence on local law enforcement to engage
in the kind of timely, independent review that these matters deserve.

While the NMAGO is under no obligation to investigate or prosecute a case previously
declined by the Special Prosecutor, my office will assume responsibility for providing the

 

NMAGO with the underlying case materials and any additional evidence you previously
provided to the NMDAA panel.

Again, I am disappointed that this matter has not received a timely secondary review, but
I hope this new policy will advance our shared interest in a timely, transparent review of the

underlying facts and law applicable in these cases.

Should you have any questions or concerns regarding this decision please do not hesitate
to contact our of?ce.

Sincerely,

Raill Torrez
District Attorney