State Police Officer shot at, returns fire and kills Glorieta man

Posted: October 5, 2011 in Uncategorized
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New Mexico State Police investigate the scene of a Tuesday night shooting in on Firehouse Road in Glorita in which an officer shot and killed Samuel Pauly, 34. Police say Pauly and his brother first shot at officers who were investigating a road rage incident in the area. (Photo courtesy Gadi Schwartz/KOB-TV)

From a story we just posted earlier today on an officer-involved shooting in Glorieta that left one man dead and his brother jailed…

UPDATED story on The New Mexican’s website (CLICK HERE):

• • • • •

Daniel Pauly says he and his brother, Samuel, had no idea three New Mexico State Police officers were outside their Glorieta home late Tuesday.

Had they known, Samuel Pauly might not be dead, and Daniel Pauly might not be in jail.

The brothers are the sons of an ordained minister, and both worked at Geronimo restaurant in Santa Fe.

According to state police, officers approached the brothers’ home on Firehouse Road in Glorieta to investigate a road-rage incident that took place earlier in the night. They say they heard three gunshots and the shout of “We have guns” coming from inside the house. One officer says he saw Samuel Pauly standing in a window “displaying a pistol,” and shot the 34-year-old man dead.

“These are good kids who have never been in a hint of trouble in their lives,” said Dan Cron, the Santa Fe attorney the Pauly family retained Wednesday. “The family’s main concern at this point is getting the truth about what happened, getting Dan out of jail and really trying to figure out why a son of theirs, who has never been in trouble a day in his life, is now dead.”

A state court database shows that, between them, the brothers had no more than three speeding tickets. Neither has ever previously been charged with a crime.

State police say the emergency dispatchers received a call around 10:45 p.m. Tuesday reporting an erratic driver and possible road-rage incident involving two vehicles on Interstate 25. The truck identified by the caller was driven by Daniel Pauly, 32, who was returning home from work. Samuel Pauly was home all night playing video games, Cron said.

Police say they found Daniel Pauly’s truck at his Glorieta home and approached the residence. Cron says the brothers never heard the police identify themselves and thought the people from the other vehicle in the road-rage incident might have followed Daniel Pauly home.

“Neither Sam nor Dan knew that these were state police officers,” Cron said. “They saw that there were some flashlights outside and … all they knew was there were intruders on their property. They saw no flashing [police car] lights, heard no announcement that these were police. They fired three warning shots in the air, and that was accompanied by one of them yelling, ‘We have guns. Get off our property.’ ”

While a state police news release on the shooting indicates the officers “returned” fire, Cron said the brothers never shot at police.

New Mexico State Police Sgt. Tim Johnson said Daniel Pauly, 32, “fled” from the home with a shotgun and evaded police. Cron said he had just seen his brother shot and still had no idea the men outside his home were police officers. According to Cron, Daniel Pauly later approached police, asking for help. Instead, he was arrested and charged with aggravated assault on a peace officer and resisting or evading an officer. He is scheduled to be arraigned Thursday afternoon in Santa Fe County Magistrate Court.

Police have not identified the officers involved, but two are on standard paid administrative leave pending an internal investigation into the handling of the incident.

Police say they recovered a shotgun and pistol belonging to the brothers. Johnson would not comment on how many times Samuel Pauly was shot or with what type of gun. The standard duty firearm for state police is a .357 Sig, but officers also have assault rifles.

The officers’ squad cars were parked several hundred yards from the Pauly home, and their flashing police lights could not be seen from the residence. Johnson said he would not speculate on whether the officers followed proper protocol until the investigation is completed. Audio recordings from the event have not yet been released.

New Mexico State Police patrol cars are equipped with dash-cam video that automatically records once emergency lights are turned on. The video camera is synched with a device attached to the officer’s belt that records audio. Cron said he hopes to review those recordings.

  1. Mark says:

    Never bring a pistol/shotgun to an Assault Rifle fight. Better yet, don’t attack the police.

  2. Lillith says:

    What the heck went so wrong with these guys?

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