ALBUQUERQUE, N.M. (KRQE) – An ex-Albuquerque Police officer serving a year in jail for driving drunk and killing a woman in a wheelchair wants out of jail.
As you can imagine, the victim’s family is outraged at the request.
It happened in September 2016 when police arrived to the scene of a fatal accident. Kay Moss-Freese had been struck and killed in her wheelchair at the intersection of Lomas and Lousiana.
“He got out of his truck, I even said something to him,” said a witness in police video.
Witnesses quickly pointed the finger at former Albuquerque Police Officer Rodney Locke.
“They gave your plate out on a crash up the street,” said an officer to Locke in lapel video.
In June, Locke plead no contest to leaving the scene of an accident, while the homicide by vehicle was dropped.
“I got out of my truck and I did look. I would have never left somebody in harm’s way knowingly hurting them or causing death or great bodily harm,” said Rodney Locke at his sentencing.
In August, he was sentenced to 364 days in the county jail.
“The bottom line is that Mr. Locke killed someone that evening, whether she was in the roadway or she was hard to see or not,” said Judge Cindy Leos at Locke’s sentencing.
He’s only served about 90 days, but in newly filed documents Rodney Locke thinks that’s enough.
“Now it’s going to be another Thanksgiving and Christmas without my mom… and this guy wants to get out early? I mean, I did a 10 year stretch on my sentence and I didn’t commit murder,” said Casey Freese.
Moss-Freese’s son Casey said he can’t believe the man that killed mother wants to get out of jail early.
“Be a man, grow up and do your time,” said Freese.
Locke wants his sentence decreased, saying while incarcerated his behavior has been “exemplary,” and that there have been security concerns that “further justify a modification” to Locke’s sentence.
“That smile from my mom, me going down and visiting her and going to dinner with her and going to the movies… that will never come back,” said Freese.
Locke’s attorney suggests the court could grant relief for good time or put him on the community custody program, meaning he would wear an ankle monitor and would be randomly drug tested.
Judge Cindy Leos ruled Locke did not earn good time and has to serve the full 364 days.
He is requesting good time if he can’t get the sentence reduced. No date has been set to hear this motion.