Albuquerque settles $2.5 million lawsuit after officer shot man in mental health crisis
Apr 02, 2025
ALBUQUERQUE, N.M. (KRQE) – The City of Albuquerque is paying out more than $2 million in a settlement to a family whose lives were forever changed when an officer shot their son, leaving him with life-altering injuries. It all started with a 911 call when the parents pleaded for help as their son
was going through a mental health crisis. But it quickly got out of control when officers arrived on scene. KRQE News 13 spoke to the family's attorney, who said it changed the course of their lives and should've never escalated to a shooting.
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"One of Max's favorite things is to be outdoors; he loves hiking, skiing, playing basketball, and because of his disabilities to his leg and arm, he can't do any of those things anymore," said Ryan Villa, the Mitnik attorney. Max Mitnik was 26 years old when he was shot in the head and the hip by an Albuquerque police officer five years ago.
In June 2020, Mitnik's parents called 911 to get their son transported to the hospital, something he requested as he was suffering from a schizophrenic episode. "They called 911, hoping for an ambulance, medical personnel to help them; instead, police officers came," said Villa. Mitnik locked himself in the bathroom and was cutting his neck with a knife. Ultimately, one of the Albuquerque Police Department officers, Jose Ruiz, had his mother open the door, and the officer opened fire.
Mitnik was transported to the University of New Mexico Hospital and underwent neurosurgery. He then spent two years doing physical therapy and rehabilitation. "The brain injury, the bullet took away hope that they had, and Max had to have a better future even with schizophrenia," said Villa. He said Mitnik is able to walk, but his physical capabilities are limited, and his vision is impaired, making it impossible for him to drive.
The family filed a lawsuit against the City of Albuquerque and Officer Jose Ruiz over the incident that left Mitnik permanently disabled. Since then, Mitnik's mother passed away. The $2.5 million settlement will go to Mitnik's father and caretaker. Since the lawsuit, the city has started Albuquerque Community Safety, which is dedicated to helping those suffering from a mental health crisis like Mitnik. "The absolute right step and something we needed because we saw not just Max's case but many cases where police responded to a nonviolent, non-criminal call involving someone in mental health crisis and ended with a shooting," said Villa.
An internal APD investigation said Officer Ruiz used appropriate force, but that he did let the situation escalate. He received an eight-hour suspension and still works with the department. We received a statement from the City of Albuquerque's Legal Department.
The City has reached a settlement with Max Mitnik and his family in connection with an officer-involved shooting that occurred in 2020, which predates full operations for the Albuquerque Community Safety Department and many APD reforms. The City continues to improve our emergency response, adding resources for the Community Safety department, which sends trained behavioral health responders to calls in our community 24/7. ...read more read less