ALBUQUERQUE, N.M. (KRQE) – Tuesday marked the start of the trial against former Albuquerque Police Department officer Kenneth Skeens, who is accused of unlawfully arresting Matthew McManus while he was attempting to use cash to purchase a bicycle at an Albuquerque Target self-checkout in Augus t 2022. This marks the second trial against Skeens after the previous one in April 2024 ended with a hung jury mistrial. New Mexico joins lawsuit over cuts to public health grants During opening statements on Tuesday, the state said it would show proof that Skeens had no lawful authority to detain McManus. "It's important to get a clear and unequivocal answer from Target before you decide to arrest someone. The state is going to show that on August 19, 2022, which was a Friday evening, Kenneth Skeens wrongfully arrested Matthew McManus," said Prosecutor Johnna Walker. Lapel and surveillance footage played in court showed Skeens asking McManus to collect his money and leave the store, threatening to issue a criminal trespass, and, eventually, taking McManus out of the store and detaining him. In the video, McManus appeared to be confused, trying to call 911 and not understanding that the three men arresting him were police officers. "He was struggling to pay. You're going to hear that he may have had some cognitive issues. You're going to hear in his sworn statement that he had a stroke a couple of years ago," said Walker. Skeens and the two other officers responded to an unrelated call about a drug deal outside the store when they confronted McManus and dragged him to the curb, where they told him he was under arrest for refusing to identify himself. The defense told jurors that they would show that Skeens thought he had permission from Target to remove McManus from the store. "He says you're good to go. Skeens took that as the guy wants me to criminally trespass on Mr. McManus. All he wanted to do was escort him off the property," said Defense Attorney James D'Amato. One of the first witnesses the state called to the stand Tuesday was APD Sergeant Troy Simpson with the Impact Task Force. Simpson testified about the department's process for issuing a criminal trespass. He was called to review this case when it happened in 2022 and testified on Tuesday that it was about 30-40 seconds between when Officer Skeens asked for McManus' ID to when he was arresting him. "Everybody's got their own style of policing, but as I mentioned earlier, I won't charge that unless I can establish charges to even demand for their name," he said. He also testified that it doesn't appear McManus committed a crime. "Did you observe Mr. McManus commit any sort of crime," asked Walker. "Not from what I reviewed, ma'am, no," said Simpson. The state is expected to call multiple other witnesses, including Target employees and McManus himself. Skeens is charged with false imprisonment, battery, perjury, and making a false report after the arrest. He was fired from the Albuquerque Police Department and pleaded not guilty in August 2023. The trial is expected to last up to a week. If convicted, Skeens faces four years in prison. ...read more read less