ALBUQUERQUE, N.M. – The Albuquerque Police Department released new details about the deadly officer involved shooting where officers shot and killed a handcuffed man in a patrol unit last month. 

“I’m not going to sugar coat the fact that yes, we did have an individual somehow get into the back of the car without being properly searched, however you want to term that,” said Albuquerque Police Chief Harold Medina. 

In one video, you can see when officers started talking to 39-year-old Matthew Garcia outside of the Tewa Lodge along Central in mid-October during a proactive drug operation. 

Garcia, who was staying there at the time, refused to give officers his real name. 

Officers put Garcia in cuffs and a sergeant decided to put him in a patrol car to calm him down. However, no one searches Garcia before he goes into the back seat. 

“I think as you watch video, you can see that she is putting her gloves on. She knows a search needs to occur; she is getting ready to search the individual. We have also asked our officers time and time again to deescalate situations as much as possible,” said Medina. 

Officers then learn Garcia’s real name, and then found out he had three outstanding felony warrants. Garcia also told them he has a gun. An officer then tried to wrestle the gun away from Garcia, and two other officers shot him 10 times. 

APD Commander Kyle Hartsock said there’s no evidence Garcia’s gun, which was stolen, could have fired during the struggle. 

“There is a criminal investigation behind legalities and an internal investigation and the legalities behind the shootings and the internal investigation to show what has or could have gone wrong. What policies could have been violated and what we can do to correct this,” said Medina. 

Police said Garcia had fentanyl pills on him as well, and his significant other told officers he mentioned he’d rather be killed by police than go back to jail.

Medina said that mentality is something they’ve seen increase over the past year. 

“We mention the criminal activity in this case because we want the public to understand why this individual was concerned about going back to jail. This individual was looking at a lengthy stay, which may help us understand why there was such a fear,” said Medina.