Family of Albuquerque gunman shot during shoplifting sues city

ALBUQUERQUE, NM (KRQE) – The family of a man shot by Albuquerque police is suing the police. The fatal police shooting occurred in November 2023 near Cottonwood Mall as officers were pursuing an armed man accused of shoplifting.

The attorney for Pete Jacob Martinez’s family claims Albuquerque police used excessive force in the shooting. He said the case was another deadly encounter between police and the mentally ill.

“There was no reason to shoot Jacob when he was shot with a gun. It was absolutely not necessary. It was an unnecessary death. It was another extension of APD’s pattern of using excessive force against people in crisis situations,” said Mark Fine, an attorney with Fine Law Firm.

The fatal shooting occurred after Martinez was pursued near Cottonwood Mall in November while police officers attempted to arrest him for shoplifting. Martinez was armed with a handgun. He ran from a Kohl’s store and was eventually stopped when police officers cornered him near a nearby medical spa. During the confrontation, Martinez pointed the gun at his own head while APD attempted to calm him down.

Officer Angelo Lovato eventually shot Martinez after APD said Martinez raised his gun. The family argues Martinez was diagnosed with paranoid personality disorder.

The APD addressed the situation at a press conference in January, where it discussed three officer-involved shootings at that time. “These individuals obtained a firearm, held it and continued to run from the officers. I think any citizen of this community who sets aside the emotions will realize that our officers have every right to feel that their lives are in danger,” said Albuquerque Police Chief Harold Medina.

APD confirmed that the investigation found the shooting was not consistent with police regulations. They said the investigation is ongoing. The officer who fired his weapon, Angelo Lovato, has been involved in a police shooting before. According to APD, he is on military leave.