Posted at: 05/10/2013 10:15 AM
Updated at: 05/10/2013 5:14 PM
By: The Associated Press
ALBUQUERQUE, N.M. (AP) - A federal magistrate judge has sanctioned the city of Albuquerque for losing a recorded statement of an officer who witnessed a fellow officer fatally shoot a man.
The Albuquerque Journal reports that U.S. Magistrate Judge Alan C. Torgerson's ruling Tuesday allows attorneys representing the family of Alan Gomez to offer evidence that the recording had been "lost or misplaced solely as a result of the negligence of the City of Albuquerque."
The family's attorneys say the recording is a key piece of evidence in their civil rights suit.
However, a city attorney says that he recovered the recording from New Mexico State Police, who are helping in the investigation of officer Sean Wallace's shooting of Gomez.
The city is under a federal probe after seeing more than two dozen officer-involved shooting since 2010.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)