Woman claims APD failed to protect her following attack

Posted at: 04/15/2013 6:39 PM
Updated at: 04/15/2013 6:41 PM
By: Nikki Ibarra, KOB Eyewitness News 4

A trip to the zoo turned violent for one Albuquerque family, after a woman is allegedly assaulted over a parking space.

Now the woman is saying Albuquerque Police Department failed to protect her and her family because the man allegedly responsible wasn’t arrested.

Erin Crosby was driving around, looking for a parking spot.

Crosby said a car going the opposite way down the row almost hit her. “She started blowing her horn back at me and we both stopped to roll our windows down,” said Erin Crosby.

But Crosby said a man in the woman’s car took it to a whole other level. “He jumps out the car and runs over to me and through my window just starts beating me,” added Crosby.

APD arrived shortly after and it’s what they didn’t do that angers Crosby. “He came back to me and said that they would be unable to arrest this man because they didn’t witness it happen. I want justice, you know, the city failed me, you know, the law failed me,” said Crosby.

KOB Eyewitness News 4 went to APD to find out how this could happen. APD told us this is considered a “misdemeanor battery that occurs outside police presence”. An officer has to see it happen to charge the man. But in an alleged case of domestic violence, police can arrest a suspect, even if they didn’t witness an attack.