Judge Rules Police Acted Reasonably in Fatal Shooting at Wrong Address in New Mexico

Lawyers for the Dotson family have argued that officers did not give 52-year-old Robert Dotson sufficient time to comply with commands before shooting him.
Judge Rules Police Acted Reasonably in Fatal Shooting at Wrong Address in New Mexico
A police officer knocks on the door of the wrong address in response to a domestic violence call, in Farmington, N.M., on April 5, 2023, in a still from police body camera video. Farmington Police Department via AP
Rudy Blalock
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A federal judge has dismissed a key portion of a lawsuit brought by the family of a New Mexico man fatally shot by police after officers mistakenly arrived at his home in response to a domestic violence call.

The incident occurred late on April 5, 2023, when Farmington police officers knocked on the door of 52-year-old Robert Dotson’s home, responding to a call but mistakenly going to the wrong address.

Dotson, reportedly startled by the late-night knock, put on a robe, retrieved a handgun, and answered the door.

Officers outside shined a flashlight, and as Dotson appeared and raised his firearm, three officers opened fire, fatally shooting him. Dotson did not fire his weapon.

“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia wrote in his opinion.

The judge also determined that the officers were entitled to qualified immunity, special legal protection that shields police and government workers from lawsuits over alleged constitutional violations under certain circumstances.

The court’s opinion was issued on May 15, the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should consider the totality of circumstances, not just a “moment of threat,” when reviewing police shootings under the Fourth Amendment.

Ongoing Legal Battle

The Dotson family filed a civil lawsuit alleging that their civil rights were violated and that the officers acted unreasonably.

While the judge dismissed the constitutional claims, attorney Tom Clark, representing the Dotson family, said the lawsuit against Farmington police will proceed on other grounds, including tort law and the New Mexico Civil Rights Act, which limits immunity for police and government agencies.

Defense attorneys for the officers argued that they acted reasonably under the “totality of circumstances,” emphasizing that they knocked and announced their presence multiple times and that Dotson “posed an imminent threat of death or great bodily harm to police.”

Philip Stinson, a criminal justice professor at Bowling Green State University, said on May 20 that court rulings on police immunity in shootings “sometimes lead to results that end up leaving you scratching your head,” he said.

“Here the court is saying the police made a mistake—but in that moment they were confronted with a decision to use deadly force,” Stinson added. “I don’t think this is the last word in this case.”

Lawyers for the Dotson family have highlighted that police were at the wrong address and that Dotson was likely blinded by the flashlight, with little indication that police were outside. They argued that officers did not give Dotson sufficient time to comply with commands, as an officer shouted, “Hey, hands up.”

Body Camera Footage

Body camera footage released by the Farmington Police Department shows officers arriving at Dotson’s home shortly before midnight, knocking at least three times and announcing themselves.

The footage also captures officers discussing whether they were at the correct address, with one officer noting, “It might have been 5308,” and another responding, “That’s what it said right there, right?”

After confirming with dispatch that they were at the wrong house, Dotson opened the door with a handgun, and officers immediately fired.

Dotson’s wife, who was also wearing a robe, came downstairs after hearing the shots and found her husband lying in the doorway.

Not knowing who was outside, she fired her own weapon from the doorway, prompting officers to return fire. Police fired 19 rounds but missed her.

She was not injured and eventually realized the individuals outside were police officers.

“Help! Somebody shot my husband. Please! Please! My kids are upstairs,” she pleaded with officers.

The couple’s daughter also called 911, telling dispatchers she heard gunfire and that her father needed help. Two other children were inside the home at the time.

Farmington Police Chief Steve Hebbe described the incident as “an extremely traumatic event,” stating, “All of us—the men and women of the Farmington Police Department—recognize the severity of this incident. We will do everything possible to more fully understand what transpired here,” he said in a statement at the time.

“Once again, we wish to express our condolences to the Dotson family and as your chief of police, I wish to convey how very sorry I am that this tragedy occurred,” Hebbe said.

The Associated Press contributed to this report.