ALBUQUERQUE, N.M. — New video is showing what led up to an hours-long shutdown of I-40 last month and what eventually ended with a fatal shooting involving an Albuquerque police commander.
For more than five hours, APD utilized drones, helicopters, crisis negotiators, a SWAT team and non-lethal ammunition.
But even with all of that, APD Commander Eric Brown shot and killed Roman Kirby, saying he refused to drop his weapon and could’ve hurt innocent bystanders.
“This was a very complex and dynamic incident,” Interim Chief Cecily Barker said. “Drones were used to track the suspect’s movement. Communications devices were used to attempt contact with the individual. Negotiations were initiated.”
Feb. 3 started as a call for a crash around 3:30 p.m. APD said 51-year-old Roman Kirby crashed his car into another one.
Moments later, 911 calls came in reporting a man running on the highway.
“He ran across the highway, almost got hit by two semis, and just kind of launched himself into that middle arroyo,” one 911 caller said.
“He’s rolling over side to side, and looks like he has a gun,” another 911 caller said.
Once officers found him, they started giving him commands.
“Roman, this is the Albuquerque Police Department. I need you to put the gun down for your own safety,” one officer said over their unit’s PA system.
“I need you to put the gun down for your own safety,” another officer said.
At that time, the officer believed he was disoriented or intoxicated. Drone video shows Kirby swaying back and forth.
Around 6:00 p.m., nearly three hours into the ordeal, SWAT takes over along with a crisis negotiator.
“I know you’re scared, but we need to speak with you,” the crisis negotiator said.
They attempted to call him 99 times. But Kirby doesn’t drop his weapon; on video, he’s seen waving it around towards himself and officers before taking shots at one of the police drones.
In addition to commands, APD Commander Jeff Bernard said they tried more than 45 less lethal munition including sponge rounds and flash bangs.
“He’s been impacted multiple times and is refusing to drop the gun,” Commander Eric Brown is heard saying on body cam footage.
Then, around 9:30 p.m., Kirby begins walking westbound, towards traffic.
“Stop or you’re gonna be shot. Get on the ground!” Brown is heard saying on body cam.
Then Commander Brown fired two shots. In his statement, he said he believed Kirby posed a threat as he continued to walk west.
Tuesday, Commander Bernard said Kirby was about 400 feet away from traffic.
“He had a firearm so he could, I mean, we didn’t know it was empty at that point in time, so it was extraordinarily close to being able to injure somebody,” Bernard said. “And then it looked like there was multiple times… where it looked like he was trying to go up the ramp, which would have put him right near the traffic and engaged all those people.”
SWAT attempted life-saving measures but Kirby died at the scene. During his autopsy, a bag of meth was found in his intestines.
It’s also important to note that Kirby shouldn’t have even had a gun. He was a convicted felon.
Commander Brown has been involved in three prior officer-involved shootings. He retired from the department in 2022 and was rehired in 2023 as a deputy commander.
The Multi-Agency task force is still investigating the shooting and will forward the case to the district attorney’s office to decide if criminal charges need to be filed.
APD’s Internal Affairs Force Division and its Force Review Board will also review the incidents to determine if department policies were followed.
