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Albuquerquepolice clearedThe State Court of Appeals ruled today that police officers did not use excessive or unwarranted force in the shooting death of Antonio Cordova, one of two Black Beret members killed at a police stake out in Albuquerque in 1972.Cordova and Rio Canales were killed by city and state police officers who had staked out a shed containing dvnatnile on Black Mesa south of Albuquerque.Following the incident, the mother of Cordova filed a wrongful death suit against the officers involved and Wylie Brothers Contracting Co.. owner of the shed where the dynami le was located.The Bernalillo County District Court granted summary judgment in favor of the defendant, and Mrs. Cordova appealed.The Appeals Court said Mrs. Cordova appealed on a variety of grounds, including the argument that excessive force was used by the officers.“The circumstances as shown were that the force used by the officers was neither excessive nor unwarranted/’ the Appeals Court said.The opinion said that the officers had received a tip that the dynamite shed would be burglarized on Jan. 28,1972. and set up a stake out on the shed, located in a construction project. The officers said that they saw Cordova and Canales approach the shed. The officers said they idenlilied themselves, then were fired upon byCordova, They returned (ire.“The officer’s duty, when fired upon, was not to retreat but to press forward and place Cordova under physical restraint, the appeals court said. ‘In so doing, the officers could defend themselves and use deadly force if such were justified by the circumstances.The court also took exception to whatit called “innunedos” in oral arguments and briefs that the incident was “set up for police by an informant named Tint Chapa.“With nothing to support a theory of a • police conspiracy, there is not basis for the claim that a factual issue existed as to a conspiracy, the appeals court said.Mrs. Cordova also contended that District Judge Vern Payne should not have presided over the trial.The appeals court said, however, that there was nollmig in Hie record showing bias on the part of Judge Payne.”The appeals court also rejculed an argument that the construction company took “affirmative actions lo cooperate with the willful.and malicious actions of I he olher defendants” and was thus responsible fur Cordova's death.The appeals court said, however, that the construction foreman for WylieBmlhers was iniormed ol Hie lip about the burglary. Bui the foreman said he made “no agreements with Hie police, never requested the stakeout and that no employe of Wylie was present at the time of lltestake mil.The foregoing showing negates any agreement or action on the part of Wylie which caused or contributed to cause Cordova's death. the anneals court said.
Newspaper Details
Santa Fe New Mexican
Santa Fe, New Mexico, US
Wed, Sep 11, 1974
Page 50
Full Page
Clipped by
Greg P.
AU 21 Jun 2023
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