Man suing Roosevelt County sheriff

PORTALES — A man shot by Roosevelt County Sheriff Malin Parker in January 2018 is suing, alleging Parker used excessive force in trying to stop him as he drove a front-loading tractor.

James McFarlin filed the lawsuit Nov. 26 through Albuquerque firm Kennedy, Kennedy and Ives. The suit seeks unspecified damages, litigation expenses and any other relief deemed proper by the court.

Authorities said Parker shot McFarlin after McFarlin rammed the tractor into his wife’s car and drove recklessly.

McFarlin, 48, at the time, was charged with unlawful taking of a motor vehicle, aggravated fleeing a law enforcement officer and criminal damage to property after leading officers on a tumultuous chase through fields and fences in Portales, according to court documents.

Parker tried shooting out the tires of the heavy equipment before resorting to deadly force out of fear McFarlin “was going to strike the motoring public or bystanders,” a New Mexico State Police news release said.

The lawsuit contends Parker’s decision to shoot McFarlin was “objectively unreasonable” because McFarlin was at the time traveling in circles in an empty field between 5 and 10 mph.

“At the time Sheriff Parker deployed lethal force on Mr. McFarlin,” the lawsuit reads, “he had no reason to believe that Mr. McFarlin posted a threat of immediate, serious physical harm to himself or anybody else.”

State police said at the time McFarlin’s injuries were not life threatening; court records show he is disabled because of the incident and living with family in Arizona.

The criminal case is still pending, slated for trial in May. Records show an agreement has been discussed in which McFarlin would agree to plead guilty to misdemeanor charges. But Parker told prosecutors he is “not OK” with misdemeanor charges that would allow McFarlin to receive disability payments from the government.

“He endangered many lives on the day in question,” Parker wrote in an email to Prosecutor Quentin Ray, records show. “Plus he is suing me civilly for something he forced me in to. I do not feel he should live off of tax payers for something he caused.”

Quinn Kirby, representing McFarlin on the criminal charges, has filed a motion to dismiss for vindictive prosecution, noting his client “was punished and treated less favorably than he otherwise would have been” because he retained the option to pursue civil action against Parker.

In the filing, Kirby claims the state had already approved a plea deal but would only offer it if Parker agreed, and that Parker stated through counsel he would only agree to a plea deal if McFarlin agreed not to sue him.

“By allowing the Sheriff to dictate the terms of the plea agreement and use the plea-bargaining process to his own personal advantage, the State punished (McFarlin) for exercising his legal right to pursue civil charges,” the filing said. “This is a vindictive prosecution, and the Court should not allow it to proceed.”

Brian Stover, chief deputy district attorney, said the filing was without merit.

“There’s no prosecutorial vindictiveness,” Stover said. “I think he’s trying to misapply a concept because they did not receive the plea offer they wanted to receive.”

A hearing on criminal pending matters is scheduled for Jan. 13.