Firm announces intent to file suit

ALBUQUERQUE — The law firm representing the man who was shot during a protest against the statue of Spanish conquistador Juan de Oñate in Old Town on Monday night has sent a letter to city and county agencies announcing its intention to file suit on his behalf.

The tort claims notice was sent to the city and the Albuquerque Police Department and includes the possible claims of negligence resulting in battery; conspiracy to violate civil rights, violations of the rights to equal protection, substantive due process, and right to peacefully assemble; denial of access to the court; defamation and slander.

Spokespeople for APD and the city did not immediately respond to comment Friday evening.

Although the suspect in the shooting, 31-year-old Steven Ray Baca, was initially charged with aggravated battery with a deadly weapon, the 2nd Judicial District Attorney’s Office has since said that holes in the investigation — as well as APD undercover officers’ involvement as witnesses — led him to drop the charge and request further investigation. The New Mexico State Police is now investigating and Baca is charged with aggravated battery, two counts of petty misdemeanor battery and carrying a gun without a concealed carry license.

In the letter, attorney Laura Schauer Ives recounted the events at the protest that led to her client, Scott Williams, being shot. She said Baca had careened into many protesters and “inexplicably and distinctly battered three women, throwing one of them to the ground,” leading the crowd to turn on him.

Two people chased after Baca and he pulled out a gun and pepper spray, according to the letter. That’s when Williams, 39, intervened and picked up a skateboard to hit the gun out of Baca’s hands. Williams was shot multiple times.

Schauer Ives said her client was holding a vape pen, not a knife as some have alleged on social media.