NW New Mexico News

From March 2, 2023 post.

Good evening, San Juan County

Many of you have questions and would like answers to an incident I was involved in regarding me having to shoot a dog while “off duty”.  The Farmington Police Department investigated this case per my request. At the time of the limited media and video release this was still an open investigation. As my actions that day began to make there way through our community by word of mouth, It also caught the ear of the media. The Farmington Police Department (FPD) and I were not ready to make a formal statement at that point. A post on both agencies social media pages was made confirming an investigation was being conducted with limited details until the investigation was complete. FPD was in the process of screening the case with the D.A.’s office to receive guidance on if and what to charge the driver of the vehicle with. I was never being looked at for criminal charges (the news mistakenly reported that). The limited information released and the video caused some concern that I will now address. 

As Sheriff, it is important that I report to you any concerns you have regarding the actions of my office; to include my own. I will give you the facts of the case and the law. Some my have their opinions and I respect that, but they are opinions. After I give the details of the incident, I will address some common concerns I have seen posted.

On Friday February 17, 2023 at approximately 11:00am I was in my personal vehicle and in plain clothes. I was driving west bound on 20th Street, turning south onto Municipal Dr. As I turned onto Municipal Dr. I observed the vehicle behind me (a gold colored car) following me to close. The gold vehicle then passes me in a no passing zone on the blind curve coming down (south bound) on Municipal Dr. As this is occurring, a vehicle headed north bound was in the outside lane and avoided colliding with the gold car as it made it’s way around the curve. I was on my phone (hands free) when this happened. The vehicle was now in front of me and we were a headed toward the Farmington Police Department (Approximately a 1/2 mile. About one minute away). I considered hanging up and calling dispatch but this close to the PD there was a good chance there would be one of FPD’s finest around the PD. I could flag the officer down and have them stop the vehicle. This would be a lot quicker than calling non-emergency dispatch, giving the information, and the information getting to a district unit. The suspect vehicle was in front of me and his speed had been slowed by the vehicle in front of him. As I followed the vehicle up the hill toward FPD the driver was not violating any laws. We passed FPD and there wasn’t an officers insight. The driver proceeded passed the municipal buildings. At this point I am not actively following the driver of the gold car. We are headed in the same direction. 

(My thoughts at this point: It appeared the driver (Texas plates) pulled a foolish and dangerous move coming down Municipal Dr. and is now obeying traffic laws. Maybe being from out of town and driving past the police station corrected his driving. Like the Sheriff’s Office, FPD is short handed. I see traffic violations ALL the time “off duty”. With each I have to decided if this is something worth calling in or do I need to intervene depending on the severity. It was very distributing witnessing him passing in a no passing zone on a blind corner. But all appears well now, or so I thought)

The driver of the gold vehicle proceeded south on Airport Dr. I was directly behind him no longer on my unrelated phone call. A vehicle in front of the suspect’s vehicle began to turn right into the ‘Knights Inn’. Again the suspect driver passes the vehicle in a no passing zone, picks up speed but is stopped by a red light at Airport and Apache. I have maintained all traffic laws and now I am stopped directly behind the vehicle at the light. I could see the driver moving his head back and forth looking for an opening to cross the intersection (run the red light). Witnessing this I honk my horn at the driver, gesturing with my hands “What are you doing”, just to let him know people are observing his driving. The driver responded to me with the middle finger and runs the red light. As he passed the intersection, I recorded the license plate.

(The driver has now violated 4 traffic laws in less than 2 miles: followed to close, passing in a no passing zone X2 and now had intentional ran a red light. He now has committed reckless driving (66-8-113).

“Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.” This is one of the few arrest-able traffic offenses and I have a concern for the public’s safety. I make the decision to follow and call the vehicle into dispatch. I was armed and prepared myself in the event I needed to react to a threat) 

As I sat at the red light waiting for it to turn green, I witnessed the vehicle turn east on W. Arrington. There are a few of options for the driver to go (straight on Arrington, cut through the back lot of Safeway west toward Main St. or cut through neighborhood North of Arrington). He also knows I have witnessed his driving behavior and most likely will attempt to ditch me. There is a good chance by the time I get to Arrington he will be gone. Again, I am following all traffic laws and only following. I am in no way in pursuit, only tracking the vehicle. I opted to wait on calling dispatch until I had visual of the vehicle and a good direction of travel. As approached Arrington (still south on Airport Dr.), I could see the vehicle quickly turn south off Arrington, but i needed a better location to report to dispatch. He may have turned into the back lot of Safeway West and be gone. 

I turned east on Arrington attempting to locate the vehicle once again. Unknown to me at the time, the vehicle had turned south into a small parking lot of a business suite building. I could not see the vehicle parked because of a fence that runs parallel to Arrington off of the south side of the road concealing the suspect’s vehicle and parking lot from my angle. As I passed the fence I quickly saw the vehicle to my right. The turn into the parking lot was right after the fence. The suspect vehicle was parked (not stopped in drive/ no tail lights) in the center of the parking lot. Not in a parking space. 

(My thoughts: I opted to pull in behind the vehicle. This was the only opportunity I believed I would have. If I passed the vehicle there was a chance he would get away by the time I was able to turn around. I wondered why he was parked like this? Did he ditch a stolen car? No, I still see him in it. Was he intoxicated? If nothing else, he’s off the road. The primary goal was to get him stopped and he has done this on his own. My plan was to make non-threatening contact with the driver, identify myself as the Sheriff, make sure the vehicle doesn’t move and call a unit over to handle the enforcement action. Again, I have no emergency lights on my personal vehicle. At no time did I have my flashers on or flash my headlights. Only followed. 

The complete security video shows the suspect pull into the parking lot, park and pull a large pipe from the passenger side area of the vehicle. These can be seen through the passenger side window. The media only aired a portion. The driver can be seen looking over his left shoulder waiting for me to pull into the parking lot. It’s apparent he was watching me track him after he ran the red light and was expecting me. 

As you can see on the video shared by the media, immediately after I stopped my vehicle in the parking lot behind the suspect, He exits his vehicle and quickly approaches my vehicle with the large pipe (later identified as a hydraulic jack handle) held as if his coming to hit me. This happens so quickly that I am barely out of my truck, on my floorboards when I point my gun at the driver over the driver side door. I told  the driver, “Sheriff’s Office, I am the Sheriff, drop the pipe”. The driver is yelling back at me, “quit f**king following me! Get the f**k out of here!” He is extremely angry  and aggressive. The driver begins to return to his vehicle and the driver side door is open. I move toward him giving him commands to drop the pipe and get down on the ground. I don’t want him access another weapon from the  vehicle or to drive off. 

As I am approaching the driver and the open vehicle, a dog exits and comes at me. I had not seen the dog inside the vehicle prior. The dog quickly came at me growling and showing it’s teeth. I’ve been bite in the past and have dealt with aggressive dogs many times. The dog was about to bite me when I fired 3 rounds. This is all occurring while I’m dealing with the man still holding the pipe. I had two threats: the dog attacking me within biting distance. And a man who seconds ago threatened me with a pipe and is still holding the pipe. The closest and most immediate threat took priority. I couldn’t focus on the man with the pipe while the dog was actively attacking me. This would give the man with the pipe an advantage to harm me. After the dog was shot, I ordered the driver again to drop the pipe and get on the ground. The driver complies. 

You can see me on the video feeling in my jacket pockets. Prior to turning into the parking lot I had my phone ready to call dispatch, when the driver came at me I dropped it in my console to respond to the man with the pipe coming at me. After the suspect was on the ground, I returned to my vehicle to retrieve my phone and called dispatch. 

FPD arrived a short time later and placed the suspect in custody. I asked FPD to investigate the incident for transparency purposes. They opted to release the driver and consult with the District Attorney’s Office before charging. This was FPD’s procedure and I respect their decision. 

This entire incident from my first contact with the suspect vehicle until the suspect complied lasted approximately 8 to 10 minutes, covering a distance of approximately 3 miles. 

On March 1, 2023 an arrest warrant issued for 42 year old, Jamie Nino for the crimes of : Aggravated Assault with a deadly weapon (Not on a police officer. He didn’t know who I was. FPD and I talked about this on scene), Reckless driving, passing in a no passing zone (2 counts) and obedience to traffic control devices (running the red light). 

“Q & A with the Sheriff”

1.) Several comments have been posted as to me being “off-duty”.  Comments include: “The Sheriff was off-duty”, “He can’t do that when he is off”, “He’s a normal citizen when he’s off”, “My 3rd cousin is a cop, so I know he can’t do that”, and ”he should mind his own business, he’s off.”

Answer: (New Mexico State Law)

New Mexico State Statute 4-41-10. Right to carry arms; deputies; appointment. 

All sheriffs shall at all times be considered as in the discharge of their duties and be allowed to carry arms on their persons. 

*Some people will continue to argue their opinion. This is the law. For those who want to debate this, pay special attention to the words “at all times” and “in the discharge of their duties”. I get paid no more, no less. It’s a 24/7 position. 

2.) Concerns over me using my person vehicle to make traffic stops. Comments include: “He can’t make traffic stops in his personal vehicle”, “he chased the guy down in his personal vehicle, & “why was he make traffic stops in his own truck”.

Answer:

I have never made traffic stops in my personal vehicle. I didn’t chase him down. I followed him obeying every traffic law. I didn’t stop him, he stopped and parked in the parking lot. My personal truck has no emergency equipment. Again, my hazard lights were not used nor did I flash my headlights. 

3.) Some have commented on the suspect’s fear of me and that was why he came at me with the pipe. Comments include: “The guy had the pipe because he was scared, “the sheriff pulled his gun first and the guy was defending himself”, “the dude has a right to defend himself” and “the sheriff should be charged”.

Answer:

Most of these comments were made prior to the video being made public. You can clearly see the suspect comes at me and I respond by pointing my firearm at him, identify myself and giving him verbal commands. The suspect is not scared, he is mad and aggressive. He was not scared when we exchanged hand gestures at the red light, was not scared as he set up for my arrival arming himself with a pipe. He didn’t run into the barber shop that was open 50 ft. from his vehicle for help, didn’t call the police to report someone was following him. If you are breaking the law and someone is watching you, this does not give you the right to pick up a pipe and tell them to “get the F*** out of here” and “quit F***ing following me”. We were on public property up into the commercial business parking lot (open to the public). He threatened me and I responded. A citizen in my position/ in this same situation would be within their rights to defend themself. 

4.) Concerns over me not calling dispatch and moving on. This includes: “Why didn’t he just call dispatch”, “He should have called it in”, “where is his radio”).

Answer: That was the plan. I explained it above. Some may feel I should have called sooner. After 26 year in law enforcement chasing and following cars trying to ditch me, I know the value of providing good information to assisting units for a successful operation. I also know that little to no information can be a waste of time resulting in a general “Attempt to locate”. I felt the driver was endangering the community and was worth providing good information to stop him. 

5.) All the mean comments about the dog. (Just mean).

I love animals. I take no honor, pride or humor in having to shoot this dog. I understand the dog may have been protecting his owner, but his owner was in the wrong. Therefore, he placed his dog in a bad situation. I spoke to the suspect about his dog and gave him my condolences.  When asked if his dog was aggressive he stated the dog listen to him and he wore a choke collar. No, I will not allow a dog to bite me nor attack me while I have a man in front of me threatening to hit me with a pipe. I have an obligation to come home to my family. 

I hope this clarifies the details of the incident and addresses the concerns I have seen. If I see several of the same questions on my comments that have not been answered, I will explain it.

Once again, I appreciate your patience during this investigation. I also what to thank all of you for support and care. 

Respectfully, 

Sheriff R. Shane Ferrari

San Juan County, N.M.

Original source can be found here.