APD chief asks Attorney General to review deadly fire during SWAT

Jul. 12—A day after police reform advocates and family members asked the state attorney general to conduct an independent investigation into a fire that sparked during a SWAT standoff — killing a teenage boy — the Albuquerque chief of police added his voice to the request.

Chief Harold Medina sent a letter to Attorney General Hector Balderas on Tuesday, asking his office to conduct an independent review of the case.

While Albuquerque Fire Rescue is still investigating how the blaze started, Medina said APD believes the "device used by tactical officers may have ignited the fire."

"Out of an abundance of caution, I am requesting the assistance of your office to conduct a review of our handling of the incident but also to seek an independent analysis of the deployment and the use of this specific device," Medina wrote in the letter.

SWAT team members threw tri-chamber flameless cs grenades into a Southeast Albuquerque home after they said 15-year-old Brett Rosenau and 27-year-old Qiaunt Kelley refused to exit. The house caught fire in the early morning hours of July 7, and when firefighters entered they found Rosenau dead.

An autopsy showed that Rosenau died from smoke inhalation.

Kelley was wanted on a warrant for a parole violation and Medina said he was wanted for questioning in relation to the June 25 shooting death of Leonard Fresquez, a May 5 incident where police exchanged fire with a suspect but no one was hit, and an armed robbery that is being investigated by APD and a federal agency. He has not been charged in those incidents or in relation to the fire or standoff.

Kelley was treated for burns and is in the custody of the Corrections Department.

Both APD and Bernalillo County Sheriff's Office SWAT team members participated in the standoff.

Rosenau was Black and his death has spurred protests — including from those chanting "Black Lives Matter" — and attention from national media outlets.

On Monday, the American Civil Liberties Union of New Mexico and Rosenau's family asked the Attorney General's Office to investigate. In response to questions about that request, Balderas said his office will "offer assistance to ensure that appropriate actions were taken during this law enforcement operation."

Balderas's spokeswoman did not immediately respond to questions on Tuesday about whether his office will conduct the review.

On Tuesday, Mayor Tim Keller also spoke with Balderas about his office conducting an independent review.

"The tragic loss of a loving son and brother for one family, and the loss of a home for another is causing them and our community unimaginable pain," said Mayor Keller. "For our community and department to move forward, a thorough and independent assessment into what happened and what can be done to prevent a tragedy like this from happening again is imperative."

Letter to Attorney General Balderas by Albuquerque Journal on Scribd

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July 11, 2022 1:38PM