Copyright 2000 Albuquerque Journal 

By Guillermo Contreras Journal Staff Writer

A federal jury on Friday decided that two Hobbs police officers violated the civil rights of two black men and awarded them a total of about $18,500 in legal fees.

After four days of testimony, the jury of four men and four women found officer Rhonnie Shaw violated the rights of Michael Hodge during an arrest in 1996 and that Sgt. Mark Rhoads wrongfully arrested Chris Mackey in 1998.

Jurors began deliberating about 3:30 p.m. Thursday and returned the verdict about 3:40 p.m. Friday.

The jury did not find police had violated Mackey's civil rights in any of the other 50 to 70 traffic stops he alleged police had made.

Nor did it find individual liability on the part of Police Chief Tony Knott or officers David Patterson and Rodney Porter.

The lawsuit accused Knott of "malicious prosecution" for trying to get prosecutors to continue pursuing charges against Hodge, who was arrested by Shaw during a Hobbs High School homecoming game that turned into a melee in October 1996.

A court special master, Michael J. Collopy, found in June 1997 that prosecutors were unable to prove Hodge, then 16, had resisted arrest.

The jury awarded Hodge $1,600 the amount he spent in legal fees in the criminal case, which ended with an acquittal, according to plaintiff's attorney Linda Vanzi.

"We stood up and let 'em know that they just can't do anything to anyone," Hodge said afterward.

Mackey, now 26, was suing over an arrest in December 1998 and over other cases in which he was stopped or detained by police. Mackey testified at trial that he was stopped 50 to 70 times, most of the time while riding home from work late at night on his bicycle.

In December 1998, Mackey stopped on his bicycle to witness a detainment of some friends, and police arrested him after he refused orders to get off the street, according to testimony.

Testimony at trial established that police tackled Mackey after he pointed at Rhoads' badge and challenged the officer's authority to arrest him for observing what was going on. Mackey was accused of kicking an officer as police put him in a squad car.

The jury awarded Mackey $16,942 his legal bill in the criminal case, in which he was acquitted.

"I felt pleased with the jury decision," Mackey said.

The trial once included claims of racism, but those were dismissed because they are included in a separate class-action lawsuit brought against Knott and the city by attorney Richard Rosenstock of Santa Fe.

Knott said in an interview afterward that he was disappointed but noted that the department scored a couple of victories: the jury did not find him liable of malicious prosecution and the other police stops did not violate Mackey's civil rights.

"Maybe now we can put those events behind us as a community and maybe work a little harder to make things better for all of us," Knott said. "It's not good to have a division between the police department and the community. We need to work together to make things better."

The civil trial is not over. A second phase in which the jury will determine whether the city is liable is scheduled to begin Tuesday.

U.S. Magistrate Judge Don Svet, who is presiding over the trial, suggested after the verdict that the parties consider settlement talks.

"It appears to me that given this, you should move toward settling the second phase," Svet said as he held the verdict forms.