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Assault Charge Tossed In Albuquerque Police Shooting Case

Prosecutors have agreed to drop an aggravated assault charge against a former Albuquerque police officer who is scheduled to stand trial next week in the on-duty shooting death of a homeless man.

Former Officer Dominique Perez and now retired Detective Keith Sandy were both charged with second-degree murder and other counts in the death of the 38-year-old James Boyd, who was shot after an hours-long standoff in the Albuquerque foothills.

A court filing Tuesday shows Perez's defense attorney and special prosecutor Randi McGinn agreed to have an aggravated assault charge against him dropped.

A motion to have an aggravated battery charge against Sandy dismissed will be argued at a hearing this week.

Opening statements in the former officers' trial are expected to start Monday.

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