© 2024 KRWG
News that Matters.
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Court Refuses To End Lawsuit Over Fatal Police Shooting

A federal appeals court has refused to end a lawsuit stemming from a New Mexico State Police officer's fatal shooting of a Glorieta man.

Daniel T. Pauly sued police over the 2011 nighttime death of son Samuel Pauly. The son was shot through a window at his home by officers investigating a reported road-rage incident involving Samuel Pauly's brother, Daniel B. Pauly.

An officer shot through a window, hitting Samuel Pauly, in the chest, after his brother shot two warning shots skyward from a back door.

A state grand jury found that the shooting was justified, but a 10th U.S. Circuit Court of Appeals panel ruled Tuesday that jurors could conclude the shooting was excessive force.

The panel upheld a judge's denial of a pretrial verdict in the defendants' favor.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.