Atencio trial begins with blame game
Española man faces charges after police shot him in 2007
4/7/2008
Photo by: New Mexican file photo
"What happened that day was his fault," said District Attorney Henry Valdez, pointing at Ivan Atencio. "What happened that day ... was not any member of the Santa Fe Police Department's fault."
Not so, said Sydney West, attorney for the 33-year-old Española man.
"The Santa Fe Police Department, literally in a concerted effort, attempted ... to murder my client," West said. "What you will see in this case is police were the perpetrator and Mr. Atencio was, in fact, the victim."
West said Atencio was sitting in the driver's seat of the 2002 Mercury Cougar on Jan. 3 in the parking lot of T.J. Maxx on Zafarano Drive waiting for someone to finish shopping when the incident began. "He was doing nothing to bother anybody," she said. "There's no reason anybody should have been after him for anything."
Suddenly, in what West characterized as a "surprise attack," an officer wielding a gun entered Atencio's vehicle and began trying to grab Atencio and drag him out of the car. Atencio tried to escape, but did not intentionally try to hit either of the two officers who were there to arrest him, she said.
Sgt. Kyle Zuments fired a shot at Atencio as he drove away, which West said was the first effort by police to kill him. After that, Zuments reported "shots fired" over the police radio, which West said made other officers listening believe Atencio had shot at Zuments. "They think the individual in the car is armed and he's not," West said. "They think their sergeant's been attacked."
After chasing Atencio in the middle of rush hour traffic to Yucca Street and Zia Road, Officer Anthony Tapia, aiming for the tires of the 2002 Mercury Cougar, fired three shotgun rounds into Atencio's car, West said. Officer T.J. Grundler, also aiming at the tires, fired at least twice with his .40-caliber handgun, she said. Officer Robert Garcia Jr., shot to kill Atencio, including firing one .40 caliber round from behind the car that hit the driver's head rest, she said. Zuments was standing in front of the car and fired 13 shots at the car, including eight straight through the windshield, though he only remembers firing three times, West said.
Atencio ended up with shotgun pellet wounds to his shoulder, back and hand. Zuments was hit by a ricochet from another officer's gun, though the round was stopped by the officer's Kevlar vest, and he was not seriously injured.
Valdez, on the other hand, characterized Atencio as an initially unresponsive, vacant-eyed man sitting in the driver's seat of an allegedly stolen car who, a snap second later, tried to run down two officers who were trying to arrest him.
Zuments and Sgt. Billy Johnson yelled at Atencio repeatedly in English and Spanish to get out of the car when they initially approached the car, Valdez said. Both officers also saw Atencio's hand move toward the car's center console at about the same time Johnson opened the door and placed his hand on Atencio's shoulder, after receiving no acknowledgment of the instructions, he said.
Atencio then drove directly at Zuments, who had to step out of the way to avoid being hit, Valdez said. Zuments then fired a shot at Atencio, he said. Johnson's clothing got caught in the Cougar's door and he fell on the icy pavement. Zuments saw Johnson go down and thought for a moment he might have shot his fellow officer, though Johnson soon signaled he was OK, Valdez said.
As both officers pursued Atencio down Zia Road, Atencio hit a sport-utility vehicle, he said. Later, at Yucca and Zia where he was stopped by traffic, Atencio drove at Zuments again, at which time the officer fired again, thinking "this has to end now," Valdez said.
Initially police thought Atencio had a weapon, though none was ever found.
Atencio told The New Mexican in a jailhouse interview three weeks after the incident he was nodding off from the effects of a "speedball" of heroin and cocaine while he was sitting in the parking lot. He also said he didn't steal the Cougar, but had "rented" it from its owner in exchange for several rocks of crack cocaine.
At the time, he said he'd been addicted to heroin since he first went to prison in 1994 at age 18.
Before his trial started Monday, Valdez told District Judge Michael Vigil that deputies found "several packages of heroin" hidden within the clothing brought to court for him by a public defender. "Well, that's a problem," the judge said. The public defender received the clothes from a member of Atencio's family, said Andras Szantho, Atencio's other lawyer.
Santa Fe County Sheriff Greg Solano said later that courthouse deputies found six packets of heroin weighing .6 grams each sewn into the belt loops of the pants Atencio was to wear. Investigators don't suspect the public defender of any involvement, though they want to talk to him, he said. Investigators believe they may have found evidence "that may tie Ivan to the planning of this," Solano said.
Atencio will be charged with possession of heroin for Monday's clothing incident, Valdez said. Atencio tested positive for heroin after the jury for his trial was selected, Valdez said.
Atencio is charged with embezzlement, three counts of assault with the intent to commit a violent felony on a police officer, four counts of aggravated battery with a deadly weapon, aggravated fleeing, possession of heroin, possession of drug paraphernalia and driving while intoxicated.
Jurors on Monday heard only opening arguments because Vigil had a meeting in the afternoon. The trial is expected to begin again today and last into next week.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.