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ALBUQUERQUE, N.M. — Attorneys representing the family of a 19-year-old woman shot and killed by a since-fired Albuquerque police officer have filed a complaint with the Civilian Police Oversight Agency accusing two other officers on the scene of lying about what took place.

The complaint is asking the city’s civilian police watchdogs to investigate officers Tanner Tixier and Isaac Romero, who were on scene after Jeremy Dear shot Mary Hawkes in the predawn hours of April 21, 2014, near Wyoming and Zuni in the Southeast Heights.

Dear, who was fired in December 2014 and is fighting for his job back, has said Hawkes turned and pointed a gun at him after he chased her on foot, thinking she was a car thief. His termination was not based on the actual shooting, but rather for alleged insubordination involving a pattern of not using his lapel camera, which did not record the Hawkes shooting.

Tixier, now an APD spokesman, declined to comment on the new allegations.

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Celina Espinoza, a police spokeswoman, said the complaint will be handled like all civilian complaints, which means the civilian oversight agency will investigate before police officials make a decision on the complaint.

Edward Harness, executive director of the Civilian Police Oversight Agency, said no decision has been made on whether there will be a formal investigation into the complaint. The agency doesn’t have jurisdiction over officers who don’t work for the city, such as Dear, the shooter.

The complaint was filed just days after a wrongful death lawsuit was brought against the city of Albuquerque over the shooting.

In addition to investigating Tixier and Romero, the complaint also asks for the agency to examine whether Dear’s chain of command, including police Chief Gorden Eden, “allowed Jeremy Dear to repeatedly violate APD (standard operating procedures) emboldening him to act outside and/or above the law.”

The lawsuit was filed by the law firm Kennedy, Kennedy and Ives, which reviewed police on-body camera footage, police reports; an analysis of the shooting done by Craig Fries, a ballistics expert hired by the plaintiffs; and other evidence.

Dear said that Hawkes was fleeing on foot when she stopped, turned and pointed a gun at him. He said he then opened fire.

He told investigators that his on-body camera system was unplugged and didn’t record the shooting, which happened less than two weeks after the Department of Justice had announced it had found Albuquerque police had a pattern of excessive force, which included police shootings.

Dear ultimately was fired by Chief Eden in December 2014. The chief said in a statement that Dear repeatedly failed to turn on his camera despite specific orders to do so, which the chief considered to be insubordination. Dear appealed his termination to the city’s personnel board, which reversed the chief’s decision. The city is now appealing the board’s decision in district court.

Dear is not being paid by the city while the appeal is litigated.

The shooting

APD officers were investigating a stolen pickup truck that night and found a cell phone belonging to Hawkes in the abandoned vehicle. Several hours later, police had Hawkes surrounded inside a trailer park near Wyoming and Zuni about 5 a.m.

Tixier, who became an Albuquerque police spokesman about a month after the shooting, said he was securing a perimeter at a trailer park when he saw her jump a wall and run east across the street, according to a recording of the interview he gave police investigators.

She ran into a car wash parking lot before she backtracked and ran north on Wyoming and turned east on Zuni. Tixier, who was driving a marked police car, said he saw Dear chase her. Tixier drove his car toward them, planning to cut Hawkes off, he said.

“That’s when it got hairy,” Tixier said. “I planned on going further east and cutting her off, but I saw her stop. And I saw officer Dear stop.”

He said he then stopped his car and put it in park.

“As I look up I just see gun in her hand,” Tixier said. “It was coming up in mine and officer Dear’s general direction.”

He said he started to get out of his vehicle when he heard Dear shoot about four or five times.

Shannon Kennedy, an attorney representing Hawkes’ family, said Tixier’s lapel camera doesn’t match his statements. She alleged Hawkes was running away from Tixier with her back toward him when Dear shot her.

Tixier’s lapel camera appears to catch a snippet of the shooting as he is arriving on scene, she said. In the far left corner of the screen, the recording shows flashes of light just as Tixier is turning east on Zuni – Kennedy said the flashes came from Dear’s gun when he fired – before a blurry image falls from the screen – which Kennedy said was Hawkes falling to the ground.

An autopsy showed Hawkes was shot three times. All the bullets passed from the left side of her body to the right, and downward. The bullets entered her left ear, left upper arm and right shoulder.

“She is running (east) but (Dear) is stationary and tracking her,” Kennedy said of the shooting.

Fries, the ballistics expert, concluded that Hawkes would have been turned 40 to 90 degrees clockwise from Dear and 140 to 190 degrees clockwise from Tixier when Dear opened fire, according to exhibits included in the lawsuit.

Tixier’s lapel camera also shows that another officer, Romero, was about 35 feet west of Dear and Hawkes with what appears to be his gun drawn when the shooting happened.

Romero “was 36 feet away,” Kennedy said. “If (Hawkes) is pointing a gun at Jeremy Dear, (Romero) would have shot her.”

In a police report, Romero wrote that he was getting out of his car when he heard gunshots and then made his way to the scene of the shooting, according to the lawsuit.

The lawsuit filed last week also raises questions about the gun police said Hawkes was carrying when she was shot. According to the suit, there was no blood, DNA, fingerprint or any other evidence that linked Hawkes to the weapon.