NM prosecutor says Albuquerque officer shot man in self-defense, won't be charged

ALBUQUERQUE, New Mexico — A prosecutor says an Albuquerque police officer acted in self-defense and won't be charged for fatally shooting a man who had rammed his car into the officer's vehicle in March 2012.

Police had said that Daniel Walter Tillison was a known gang member and that Officer Martin Smith first shot out tires of Tillison's vehicle and only shot at Tillison after he kept driving toward Smith.

Chief Deputy District Attorney Sylvia Martinez says prosecutors didn't' find probable cause that Smith broke the law.

Tillison was allegedly selling stolen stereo equipment in front of an apartment complex when Smith responded to an anonymous call about stolen merchandise.

Police Chief Ray Schultz said at the time that Smith believed Tillison pointed a gun at him. That object actually was a cellphone.

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