Two New Mexico attorneys have notified the federal government of potential legal action stemming from U.S. Marshals Service shooting that killed Breanna Wilkerson and Brandon Roe, both of Farmington, on March 7.
Farmington attorney Mark Curnutt is representing Candace Roe, wife of Brandon Roe, and Wesley Wilkerson, father of Breanna Wilkerson, in a federal tort claim. Albuquerque attorney Jason Bowles is representing Wilkerson’s brother, Zach Wilkerson, in both state and federal tort claims.
Family members allege wrongful death by the marshals and seek monetary damages for the loss of their loved ones.
Wilkerson, 25, was driving a Chevrolet Blazer near Hubbard Road and Copper Avenue when U.S. marshals opened fire on the vehicle, striking her four times, according to an autopsy obtained from the Office of the Medical Investigator in Albuquerque.
Roe, 37, was a passenger in the Blazer. He was wanted on local warrants for failure to appear and failure to comply with fourth-degree felony charges, according to a report from the San Juan County Sheriff’s Office. He also was shot and killed, but his autopsy has not been released.
On July 31, the Tri-City Record submitted an Inspection of Public Records Act request for Roe’s autopsy. On Aug. 15, the Office of the Medical Investigator responded, stating “no responsive records located for request.” A second request was submitted Sept. 8.
At least three deputies from the U.S. Marshals Service were involved in the shooting. They were identified in a San Juan County Sheriff’s Office summary as Jared Santesson, Mike Coconis and Navid Babadi.
- The marshal believed to be Babadi said he fired his weapon at least four times.
- The marshal believed to be Coconis said he fired his weapon twice.
- The marshal believed to be Santesson said he fired his weapon four times.
On Sept. 8, the Tri-City Record made an Inspection of Public Records Act request to the San Juan County Sheriff’s Office seeking the crime scene report and evidence list to confirm reports from an outside source that more than 20 shots were fired. This is double what the marshals claimed to have fired.
The San Juan County Sheriff’s Office stated, “We need additional time to search for, collect, and process any responsive records,” adding that a response would be made available by Sept. 23.
According to Curnutt, the shooting conflicts with not only the U.S. Marshals Services’ use-of-force policy, but also with the May 15 decision by the U.S. Supreme Court in the case of Barnes v. Felix.
“That’s a huge case for us,” Curnutt said, adding it “states that courts must now analyze the totality of the circumstances to consider all the events and factors that lead up to the incident that we now claim is an excessive force problem.”
Curnutt said, “If those are the rules, they don’t comply with their own policy.”
Specifically, U.S. Marshals Services policy justifies the use of deadly force when the officer has a “reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.”
It also states that deadly force “may not be used solely to prevent the escape of a fleeing suspect.”
Witnesses stated that Wilkerson was driving away from the scene when she and Roe were fatally shot.
Marshals said they were in fear for their lives and safety and that the vehicle was driving toward them.
“They attempt to exaggerate their own defense, but fortunately we have a court ruling,” Curnutt said.
The marshals involved also claimed there were prior reports of Roe having both a handgun and an AK-47.
Marshals stated that Farmington police saw an AK-47 in a black Mercury tied to Roe.
The Tri-City Record obtained a video from the Farmington Police Department showing an April 16 interaction at 1:50 a.m. between Sgt. Carlos Martinez and Breanna Wilkerson outside a home on Copper Avenue.
Martinez, a cross-deputized U.S. marshal, was investigating a reportedly stolen Mercury parked in a driveway.
“There’s a rifle in the vehicle he was working on,” Martinez said in the video, after someone on the police radio said the individual reportedly seen running away “goes by BB.”
Unconfirmed reports suggest Roe’s nickname was “BB.”
In the video, Martinez questioned Wilkerson, who did not confirm the vehicle belonged to “BB.” He also questioned the homeowner, who said “BB” ran inside the house but could not provide a confirmed identity.
Police did not obtain a warrant and did not search the vehicle or the home. They left the scene. The interaction occurred three weeks before the deadly shooting.
On July 31, the Tri-City Record requested copies of post-shooting recorded interviews with San Juan County Sheriff’s deputies who were on scene. At least seven were present, according to a document provided through a public records request.
San Juan County Sheriff’s Capt. Kevin Burns stated: “Det. Courtney was the lead investigator and was not interviewed as an involved or witness. Det. Chandler responded in a call-out capacity to assist with the investigation. Conversations with investigators outside the context of involvement in the incident are not recorded so this record does not exist.”
In an interview with the Tri-City Record, attorney Jason Bowles said obtaining records and information has been difficult.
“We’ve, frankly, run into some roadblocks with the agency sharing information in a timely fashion,” Bowles said, adding that his office is “just now trying to uncover the full truth, and that’s what our efforts are directed at now.”
Obtaining accurate information for a lawsuit is critical, said attorney Mark Curnutt.
“Case law now says if you misdate a claim or you make some error as to who you are identifying you could be barred from seeking the claim. It’s very important to me that we are getting those things right,” Curnutt said.
