You requested to cancel the remainder of your public records request 19-5321 and it is therefore closed.
Re: Demand for Preservation of equipment, video, and other .Material Evidence Relating to a July 17, 2019, incident involving Manuel Tapia located at Coors Bypass and Ellison, in Albuquerque, New Mexico.
To Whom It May Concern,
This office is investigating an incident, on behalf of Dionne Harding and Jose Tapia, parents of deceased minor child Manuel Tapia. The subject incident occurred on July 17, 2019, around Coors Bypass and Ellison. On July 17. 2019, Manuel Tapia was walking home from Cottonwood Mall when he was struck by a pickup truck fleeing a traffic stop. As a result of the incident Mr. Tapia was killed.
It is our understanding that the Albuquerque Transit Center located at Ellison and Coors Bypass maintains surveillance video recording at the subject location or should have created a report regarding this incident. Pursuant to Coleman v. Eddy Potash. Inc., 120 NM 465, 905, P.2d 185 (1995), you are respectively put on notice that a lawsuit may be filed, and the surveillance video and reports are all material evidence. As such, you are hereby demanded to preserve and maintain these items in the exact same condition as they were on July 17, 2019. We ask that Albuquerque Transit Center preserve all surveillance footage from the day of the incident.
Ms. Harding and Mr. Tapia will not able to obtain discovery of the above items unless proper efforts have been made to preserve them. Therefore, we demand you take appropriate action to maintain and preserve all of the above items, so all requirements of the law are satisfied. The inclusion of certain items in this request does not imply that Ms. Harding or Mr. Tapia waive any claim as to other items, unknown to them. which may be necessary in pursing civil claims, nor does it mean that consent is given for the destruction of or damage to any material not designated herein.
In order to assist in our evaluation of this potential lawsuit, we request production of any and all material evidence. Please include, any and all reports created and all surveillance video from July 17, 2019, and from the Albuquerque Transit Center, all witness statements, and any other documentation that might assist in evaluating what occurred on the day of the subject accident.
Please call me if you have any questions about the intended scope of this request.
APD IPRA Records Custodian/IPRA Supervisor
Office (505) 768-2137