SANTA FE, N.M. – A evaluate into the deadly taking pictures of an unarmed man by two Chaves County Sheriff’s deputies in March, has been taken over by the New Mexico Legal professional Normal’s Workplace.
The announcement got here late final week on the request of Dianna Luce, district lawyer for New Mexico’s Fifth Judicial District, citing a battle of curiosity her workplace had within the case.
“My workplace is requesting that you just settle for a battle case of an officer-involved taking pictures involving deputies from the Chaves County Sheriff’s Workplace that resulted within the dying of David Aguilera on March 27, 2022,” Luce mentioned in a letter to New Mexico Legal professional Normal Hector Balderas dated June 15, 2022.
“She confirmed there was a battle and we predict it is a vital matter for the state, and we now have accepted the referral to hold out an officer-involved taking pictures evaluate of this matter,” Balderas mentioned Monday in an interview with KOB 4.
Advertisement
Luce mentioned in an electronic mail Monday that as a result of her workplace works immediately with regulation enforcement businesses and victims within the county, it’s commonplace apply {that a} prosecutor’s workplace can battle circumstances out to a district lawyer’s workplace in one other district or to the Legal professional Normal’s Workplace.
The evaluate stems from an investigation by the Roswell Police Division and New Mexico State Police following the taking pictures of 34-year-old David Aguilera.
Authorities say that Deputies Joshua McKelvey and Benjamin Conklin shot Aguilera, who investigators allege was not armed on the time.
It occurred at 7:50 p.m. on March 27 when deputies responded to a disorderly topic name on the Sidelines Dairy alongside 100 East Jackson Road in southern Chaves County close to the Eddy County line.
On the scene, authorities say, Aguilera had come onto the property the place he started placing tractors with a metallic pipe and tried driving them away.
Advertisement
When deputies arrived, Aguilera allegedly resisted efforts to be taken into custody, pulling away from deputies. A struggle adopted, throughout which Aguilera was tazed a number of occasions and positioned behind a deputy’s automobile.
“He subsequently escaped from the automobile the place a wrestle ensued when he was within the entrance seat of a patrol unit the place the weapons had been positioned,” Charles Yslas, Chaves County Undersheriff mentioned in March simply after the taking pictures.
McKelvey and Conklin then fired 5 photographs, killing Aguilar whereas he was within the entrance seat.
Balderas mentioned the evaluate will hinge largely on whether or not McKelvey and Conklin’s lives had been in peril on the time of the taking pictures.
“With out prejudging the matter, we are going to have a look at whether or not officers acted appropriately contemplating the circumstances or whether or not or not they applied correct requirements and procedures,” he mentioned.
Advertisement
He added that for a taking pictures to be legally justified, there should be a menace to the lifetime of the officer.
Balderas mentioned he needs to wrap up the evaluate quickly, a course of which he says usually takes someplace between two and 10 months.
The toy drive is now underway. Here is how you can help.
SANTA FE, N.M. — The City of Santa Fe launched its Northern New Mexico Toy Drive last week with the goal of serving around 8,000 children.
According to the city, that is how many children are in-need. Now through Dec. 15, you can drop off donations at several locations (see below).
The toy drive will benefit more than 40 organizations and monetary donations will go toward buying gifts locally.
Advertisement
Organizers are also hosting an ugly sweater fundraiser Dec. 6 at the Fuller Lodge in Los Alamos. Tickets are $25 and all proceeds will go toward the toy drive.
The Northern New Mexico Toy Drive started 15 years ago with less than 100 children and quickly ballooned into what it is today.
ALBUQUERQUE, N.M. (AP) — Tru Washington scored 19 points as New Mexico beat Texas Southern 99-68 on Sunday night.
Washington added 10 rebounds and four steals for the Lobos (5-1). Mustapha Amzil scored 18 points, shooting 6 for 15 (2 for 6 from 3-point range) and 4 of 6 from the free-throw line. Filip Borovicanin finished 5 of 6 from the field to finish with 11 points.
Advertisement
Kavion McClain led the way for the Tigers (0-5) with 15 points and six assists. Jaylen Wysinger added 12 points for Texas Southern. Zaire Hayes finished with 10 points.
New Mexico took the lead with 1:13 remaining in the first half and did not give it up. Washington led their team in scoring with eight points in the first half to help put them up 38-31 at the break. New Mexico extended its lead to 77-48 during the second half, fueled by an 11-0 scoring run. Borovicanin scored a team-high 11 points in the second half as their team closed out the win.
___
The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
The city of Las Cruces, New Mexico, has reached a $20 million settlement with the family of a grandmother fatally shot by a police officer last year, according to The Associated Press and local media.
Felipe Hernandez, then working for the Las Cruces Police Department, fatally shot Teresa Gomez, 45, in her car in October 2023. Her family filed a lawsuit in federal court against the city, the police chief, and three members of the police force.
The settlement is the city’s largest agreement in a civil lawsuit, according to CNN affiliate KFOX14. The parties reached a settlement on November 7, according to a court filing. CNN has reached out to the city and an attorney representing the Gomez family for comment.
Advertisement
“This settlement should be understood as a statement of the City’s profound feeling of loss for the death of Gomez and of the City’s condolences to her family,” the city of Las Cruces said in a news release sent Friday, according to AP.
Hernandez, who was fired from the police department months after the shooting, faces a second-degree murder charge, court records show. He has pleaded not guilty. His trial is scheduled to begin June 2. CNN has reached out to Hernandez’s attorney for comment.
Gomez was sitting in her car when Hernandez accused her and her passenger of trespassing, footage from the officer’s body-worn camera shows. He then shouted commands laced with the F-word at her and threatened to arrest her, “tase” her and make her life “a living hell” if she didn’t comply with his plan to investigate, the footage shows.
After Hernandez approached Gomez on a bicycle as she sat in her car, Gomez told him she had been visiting someone at the address and said she was looking for her misplaced keys, the body-camera footage shows. Gomez and the officer discussed why she and the passenger were parked outside a public housing complex – a place Hernandez said the passenger was not supposed to be. Gomez said multiple times she was unaware of any visitor rules, the video shows.
After Hernandez repeatedly asked Gomez to leave her car, Gomez stood outside it for a while, answering some of the officer’s questions, the video shows. Her passenger was never asked to get out or questioned in a similar way.
Advertisement
The grandmother eventually found her car keys and, with the officer’s permission, sat back in the driver’s seat, according to the video and the lawsuit.
Half a minute later, she engaged the engine and, with her car door still open, shifted into reverse, pulled back, then put the car into drive, the video shows.
Hernandez shouted “stop!” three times, then fired his gun several times, the video shows.
The lawsuit alleges Gomez presented “no threat of any physical injury to Hernandez or anyone else” and Hernandez “left her to bleed out in her car as he turned away from her gasping body to retrieve his bicycle and flashlight.”
The suit claims Las Cruces “has adopted a de facto policy of indifference to the escalation of encounters between its officers and the public”and it “it allows officers to use deadly force in situations in which there is no threat of great bodily harm or death posed by the subject receiving deadly force.”
Advertisement
The complaint also alleges city employees disproportionately use excessive force against people of color – like Gomez, who was Hispanic.
Gomez’s sister, Angela Lozano-Gutierrez, previously told CNN the video of her mother’s encounter with Hernandez was “shocking.”
“We may never get the apology we need,” Lozano-Gutierrez said. “We’re just trying to cling to each other, and we just keep telling ourselves: She would want us to continue to live to be happy.”