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In a hearing Monday, McGinn told state District Judge Alisa Hadfield that “there is additional investigation on things we learned after the trial,” but she didn’t elaborate.

A jury deadlocked 9-3 for acquittal Oct. 11. Audio and video tapes from devices worn by APD and State Police at the scene figured prominently during the 15-day trial in which both Perez and Sandy faced second-degree murder charges. They contended the shooting was a justifiable homicide.

Sandy was wearing a Scorpion lapel camera during a long police standoff with Boyd in the Sandia foothills. But Sandy testified at trial that the camera failed to record the encounter even though he turned it on. The actual shooting was captured on Perez’s helmet camera.

The hearing Monday focused on the status of a possible retrial, and a potential trial date was pushed back to next July.

Judge Hadfield refused to dismiss the criminal charges without prejudice as requested by defense lawyers. Defense lawyers Luis Robles and Sam Bregman argued that their clients were in a legal “limbo” with the charges still pending.

In setting a tentative retrial date, the judge noted that the new prosecutor on the case could dismiss the charges before trial.

District Attorney-elect Raul Torrez takes office Jan. 1, and current District Attorney Kari Brandenburg has been disqualified from prosecuting the case because of a conflict. Torrez has said he would appoint a “team of experienced, independent prosecutors” to review the case before making a decision.

McGinn initially was reluctant to continue as special prosecutor after the mistrial, but she told the judge Monday that she had not withdrawn “and won’t withdraw until a new DA takes this case.”

Offer disclosed

Outside the courtroom Monday, Bregman announced that McGinn had offered to dismiss the case against Perez if Sandy would plead guilty to the lesser fourth-degree felony of conspiracy to commit aggravated battery and agree to give up his law enforcement certification.

Bregman said such an offer, which was to expire Nov. 11, was wholeheartedly rejected.

“There’s no plea offer that my client (Sandy) can accept because he didn’t commit a crime,” he said.

Bregman called McGinn’s actions “vindictive,” saying she now appears to be pressing for the two former police officers to be retried.

In her letters to counsel, McGinn characterized the plea offer as a “package deal” that would spare Iraqi War veteran Perez. Perez had been assigned as “lethal cover” to protect the lives of Sandy and other officers in the March 16, 2014, police standoff with the mentally ill Boyd.

Both Perez and Sandy ended up firing at Boyd after, they said, he posed a danger to a fellow officer at the scene.

Sandy retired from APD in late 2014, and Perez was fired last year but is appealing his termination.

As part of McGinn’s offer, the prosecution would have agreed not to seek jail time for Sandy but wanted to ensure Sandy never worked in law enforcement in the future.

In a subsequent Nov. 9 letter to Bregman and Robles, McGinn wrote that she couldn’t “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,” McGinn said in the letter.

Trial testimony showed Sandy enlisted two other tactical officers to go to the standoff. He fired the first three shots at Boyd. Perez, who had arrived near the end of the standoff, fired just seconds after Sandy. Boyd, who had been wielding his pocketknives, was shot in the arms and back, and he died the next morning.

McGinn ended both her letters by saying that “in evaluating the plea offer,” defense counsel should be aware that investigation of the new allegations regarding the lapel cam video “will be part of any continuing prosecution in this case.”

An APD spokesman said late Monday that he wasn’t aware of any such allegations regarding the Scorpion cameras, which are no longer used by APD.

After the hearing, McGinn declined to elaborate about the “new information” or the plea offers.

Perez’s attorney, Robles, argued that McGinn could have appointed Torrez as a special prosecutor before he takes office Jan. 1 and the case could be resolved.

“Then my client wouldn’t be left in the limbo he’s in now,” Robles told the judge.

Hadfield acknowledged the defendants’ “need to know,” but said, “It seems to me (dismissing the case with an option to refile) would not be an effective use of our very limited resources.”