New Mexico AG takes up review of fatal shooting by Chaves County deputies

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. 

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. 

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. 

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.