ALBUQUERQUE, N.M. (KRQE) – A welfare check turned deadly last year after Albuquerque police shot and killed a man with mental health issues. Now, the City of Albuquerque is facing a lawsuit over his death.
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On February 28, 2025, Albuquerque police went to check on 67-year-old David McElvain at his apartment. But when police opened the door, McElvain had a gun in his hand, and that’s when an officer shot and killed him. Now, attorneys representing McElvain’s estate are filing a wrongful death lawsuit, saying the shooting was unnecessary and unjustified.
“There just wasn’t sufficient information for the officers to actively open the door, surprise Mr. McElvain, and then shoot him, killing him,” said Taylor Smith, owner and attorney of Smith & Marjanovic Law, LLC…