My office will close out your public records request dated January 8, 2020 (identified as #20-115), which sought copies of the following records:
On behalf of Everytown for Gun Safety Support Fund, I am requesting the full police report (including but not limited to: incident reports, logs of evidence, trace reports, witness interviews, but not including photos, videos, or audio recordings) for the shooting that occurred on September 12th, 2019, in Albuquerque, NM.
Specifically, we are looking for the gun-type used (i.e. via a firearms lab report), whether a high-capacity magazine was used (more than 10 rounds), whether the offender had a criminal record, and whether the shooter was prohibited from owning a firearm at the time of the shooting.
We cannot permit inspection of any records, because they are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1(D)(1) (confidential law enforcement records); § 14-2-1 (H) (as otherwise provided by law, including but not limited to NMSA 1978, § 29-10-1 et seq. (Arrest Record Information Act)). If made public, the requested records would seriously interfere with the effectiveness of a criminal investigation or prosecution. Additionally, if produced those records could still compromise witness testimony as well as the integrity of the case. Right now my office is unsure how long we will continue to maintain this exemption, however, you are welcome to submit a new public records request for the same records at a later date. Additionally, you are also welcome to call my office and ask for an update on this investigation or submit an oral public records request.
My office will close out your request. Please let me know if you have any questions.
Albuquerque Police Dept.