Detective takes stand in trial against former APD officer
ALBUQUERQUE, N.M. (KRQE) — The trial against the former Albuquerque Police Department (APD) officer accused of dragging a disabled man out of an Albuquerque Target is in its third day. The state is wrapping up its list of witnesses.
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“You’re going to be trespassing and you can never come back here again, ok?” former officer Kenneth Skeens can be heard saying on lapel video. “No I was just paying my things!” Matthew McManus can be heard saying.
The contentious case against Skeens for battery, false imprisonment, perjury, and making a false report about McManus after dragging him out of a westside Albuquerque Target in August of 2022 is nearing its end. The state played the lapel video for the jury again and again over the course of this case:
“I didn’t see your badge!” McManus can be heard yelling. “Ok, well, we told you right? We all have badges. It’s not our fault you didn’t look at them,” Skeens replies.
After hearing from Target employees on the stand Wednesday, APD sergeant Troy Simpson who investigated the case months after it happened testified Thursday.
Johnna Walker) “When you viewed this video, did you observe Mr. McManus to observe a crime?” asked prosecuting attorney Johnna Walker. “Upon my review of the video, I did not observe Mr. McManus committing any crimes,” Simpson replied.
The state focused on how quickly Skeens placed McManus under arrest: “How long, from the time Officer Skeens says, ‘do you have ID on you?’ to the time ‘You’re under arrest,’ would it be less than a minute?” Walker asked. “Less than a minute, ma’am, yes,” Simpson replied.
They asked whether Skeens had the lawful authority to do so: “You can’t demand somebody provide you their identity when they are not being charged with a crime,” Simpson said.
And, the state asked about the differences between what happened in the video, and what Skeens wrote in his report:
“Based on my review and based on the report, I did observe what I appear to be differences, what’s stated on the report and what I reviewed in the OBRD,” Simpson said.
The defense focused on what is accurate in the report: “Officers advised the suspect later identified as Matthew McManus that he was detained and needed to step out of the store with them, accurate or not accurate?” defense attorney John D’Amato asked. “Yes,” Simpson replied.
The state called their final witness: APD Commander Ray Del Greco, a use of force policy expert.
“They drag him out under the pretenses of a criminal trespass notification which is a violation of our policy,” Del Greco said.
Del Greco told the jury the video made it clear McManus had a disability, and that it did not appear he was shoplifting. Del Greco said he counted $293 dollars in McManus’ possession from still frames of the video, which was more than enough to buy the bike at the self checkout.
Del Greco said Skeens did not try to deescalate the situation, going against APD policy. He said McManus was within his rights to refuse to identify himself to police because he had not committed a crime. He also told the jury since there was no evidence of shoplifting, Skeens had indeed falsified his report about the incident.
Closing arguments are expected Friday. If convicted on all counts, Skeens could face up to four and a half years behind bars.
