APD releases details of officer-involved shooting at 3613 NM 528 NW

ALBUQUERQUE – The Albuquerque Police Department released details of a Nov. 25, 2023, officer-involved shooting of an armed man during a foot pursuit following a shoplifting incident.

3613 NM 528 N.W.

Kohl’s Shoplifting Incident

APD officers and detectives were in the northwest shopping district on Nov. 25, 2023, as part of the “Sticky Fingers” retail crime operation. Officers with the Northwest Problem Response Team were contacted by a loss prevention employee at the Kohl’s department store, located at 3715 Ellison Dr., N.W. The employee told officers that a male and female were in the process of shoplifting more than $1,000 worth of merchandise, which is a felony amount. Officers contacted the two people as they attempted to leave the store with a basket full of merchandise through an emergency exit.

The female suspect, later identified as Monica Montoya, was detained and placed in handcuffs. The male suspect, later identified as Pete Martinez, fled on foot from officers while armed with a handgun.  

Foot Pursuit

Officers challenged Martinez again as he ran across the parking lot of the Barnes & Noble bookstore. An officer saw Martinez produce a handgun.

Martinez than ran into the Cold Stone Creamery, which had several customers and employees inside. As officers started clearing customers to get them to safety, additional officers saw Martinez exit the back of the business removing some clothing, and run north across NM 528 toward businesses. Martinez eventually slowed to a walk and stopped in front of Chrome Aesthetics, located at 3613 NM 528 NW.

Officers gave several commands for him to drop his gun. Officers worked to de-escalate the encounter by telling Martinez they wanted to slow things down and talk. Martinez squatted down and pointed the handgun at his own head. Officers said they wanted to end things peacefully but they needed him to put the gun down. After talking for a few minutes and trying to convince Martinez to put the gun down, Martinez stood up, and eventually lowered the gun to his side, saying, “Maybe, I should kill myself.” Officers said they didn’t want him to do that. Martinez was moving his hands and feeling the pockets of his hands as he switched the gun from his right hand to his left hand.

Officers discussed using a less-lethal weapon, a 40mm launcher, because Martinez would not put the gun down and follow commands. A sergeant with a 40mm launcher yelled for Martinez to put the gun down, then he fired the less-lethal launcher, which struck Martinez in the chest.

Another officer, Detective Angelo Lovato, was nearby with a rifle and fired within a second of the 40mm round. Detective Lovato announced to other officers that he saw Martinez raising the handgun.

Martinez was struck by the bullet, leaned forward and fell to the ground. Officers attempted to provide aid to Martinez, but he died as a result of his wounds.

Detective Lovato later told investigators that he heard the sergeant and recognized his voice as he announced he was going to fire a 40mm round. Detective Lovato said he saw Martinez’s handgun start to come up in the direction of another officer who was to the northeast of Martinez. Detective Lovato said he though Martinez was going to shoot the officer.

Detectives later interviewed Martinez’s partner, Monica Montoya, who said Martinez was her boyfriend. She said Martinez had told her recently that he would not go back to jail and that he would either kill himself or get officers to kill him, if confronted by police. 

Montoya was booked into the Metro Detention Center on charges of shoplifting and conspiracy to commit a felony.

The handgun Martinez had in his possession was recovered at the scene.

No officers were injured during the shooting.

Over the next several months, the Multi-Agency Task Force will continue to investigate and analyze this incident. Detectives will interview any new witnesses that come forward and complete any forensic tests. After the investigation is complete, the case will be forwarded to the District Attorney’s Office to make any determination of criminal charges.

APD’s Internal Affairs Force Division will also investigate the shooting to determine whether the department’s policies were followed. The results of the administrative investigation will be forwarded to the city’s Superintendent of Police Reform to make final decisions on discipline.

APD’s Force Review Board, made up of deputy chiefs, will also review the incident to identify trends and potential policy changes that may be needed in response to any shortcomings that are identified.

SUBJECT:     Pete Martinez, 36

INVOLVED OFFICERS:     Detective Angelo Lovato, who has been with the department since 2003, has been involved one previous involved shooting.

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