The Third Judicial District Attorney’s Office has determined that a Las Cruces police officer’s actions were justified in the August shooting that resulted in the death of 29-year-old James F. Bishop.
In a letter dated Oct. 17, 2018, District Attorney Mark D’Antonio said, “After an extensive review of this case we have concluded that the shooting by Officer Jason Hayes was justified under New Mexico law. This office will not be taking any action against this officer.”
The shooting occurred about 10:30 p.m. on Friday, Aug. 3, after Las Cruces police were dispatched to a disturbance at Bishop’s home on the 1900 block of Arlington Avenue. Bishop’s father told the first two arriving officers that his son was inside the home and armed with a baseball bat. Bishop’s mother was also inside the home where she barricaded herself in a bedroom after her son threatened to kill her.
The first officer to enter the home, officer Catrina Ornelas, drew her Taser. As she approached a hallway, within a few seconds of entering the home, the bat-wielding Bishop rapidly closed distance on her. Video from Ornelas’ lapel camera shows Bishop close distance with the baseball bat raised. Ornelas deployed her Taser but it was ineffective. Bishop swung the bat which struck Ornelas.
Officer Hayes entered the home right behind Ornelas, saw Bishop swing the bat at officer Ornelas and that Bishop raised the baseball bat once again. Hayes then fired multiple rounds that struck Bishop and ended the attack on officer Ornelas.
Bishop was pronounced dead on scene. Ornelas was treated at a local hospital and released. The weapon Bishop used was determined to be an aluminum baseball bat.
Hayes, employed by the Las Cruces Police Department for two years, was placed on administrative leave which is standard protocol for the department. He has since returned to duty.
Information from Las Cruces Police