Albuquerque officer shot by fellow cop plans to sue APD, city

Albuquerque officer shot by fellow cop plans to sue APD, city (Image 1) (Copyright by WSLS - All rights reserved)

ALBUQUERQUE, NM (KRQE) – The Albuquerque Police Detective who was shot and critically wounded by a fellow lieutenant plans to sue the city of Albuquerque and the Albuquerque Police Department, according to a tort claim notice.

Full Court Document: Jacob Grant Tort Claim

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On Jan. 9, 2015, Officer Jacob Grant was shot up to eight times by Lt. Greg Brachle while grant was making an undercover meth buy inside a suspect's car parked outside of an Albuquerque McDonald's.

In a notice of intent to sue the city and APD, Grant points to multiple reasons the lieutenant should not have fired shots.

Grant and Brachle were both undercover when the shooting happened. Grant was in a drug suspect's car with another officer buying meth in a McDonald's parking lot near Central and Tramway.

In the notice, Grant said at some point during the operation, Brachle moved in and shot him twice. He said there was no threat, and "rather than cease fire, Lt. Brachle instead re-positioned himself…and continued to fire."

Grant said the shooting happened in broad daylight, and his face and clothes were visible to the lieutenant.

He also said the drug suspects, Damien Bailey and Edmond Vester, were cooperative and "at no time was there need for force — let alone the deadly force used by Lt. Brachle."

Grant's attorney calls his injuries catastrophic, adding, he'll never be able to hold his kids again with both arms.

In February, Grant's wife, Laura, told KRQE News 13, "he has a long road to recovery, but every day he gets a little bit stronger and takes baby steps forward."

APD hasn't said why Brachle opened fire, only that one of the suspects pulled out what they later learned was a pellet gun. Police said Grant broke cover.

Grant's attorney makes no mention of that. He claims Brachle violated fundamental firearm rules, including, "know your target and what's behind it."

The claim also states Brachle was a firearms instructor, responsible for teaching basic gun safety.

Grant's attorney also said in the notice, the "APD narcotic division was woefully understaffed and had not been provided with (and in-fact had been denied) requested training in narcotic work."

Grant's attorney told KRQE News 13 the detective is still working on recovery, and wishes to express his gratitude for the care and concern that has been extended to him and his family.

Grant is still on paid administrative leave. Brachle is on desk duty.

APD released the following statement Thursday: "We know this is a very difficult situation for Detective Jacob Grant and his family. It is a case that has forever deeply affected those involved, their families, our community and the Department. We take Detective Grant's attorney's claims very seriously. The claims are under review by the city's legal department and the Police Chief's Office."