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Prosecutor: Police Officers Unlawfully Opened Fire In Death

A special prosecutor said Albuquerque police unnecessarily escalated an encounter last year that ended when two officers opened fire and killed a mentally ill homeless man despite signs that he wanted to surrender.

Special Prosecutor Randi McGinn spoke at a preliminary hearing Monday to determine if Officer Dominique Perez and former Detective Keith Sandy should stand trial for murder.

In their opening statements, defense attorneys said their clients did nothing wrong and both felt the lives of their fellow officers were in danger when they shot James Boyd.

Video of the encounter showed him appearing to surrender before Perez and Sandy opened fire. Authorities have said he threatened officers with the two knives.

Albuquerque Police Chief Gorden Eden testified that all officers were trained on the department's use of force policies.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.