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UPDATE: NMSP Investigates a Use of Force Incident Involving the Las Cruces Police Department

Las Cruces, NM - On February 29, 2020, the New Mexico State Police Investigations Bureau was called to investigate an in-custody death involving the Las Cruces Police Department (LCPD). The investigation was initially led by LCPD, as part of the Dona Ana County Officer Involved Incident Task Force, but the New Mexico State Police was requested to take the role of lead investigative agency within the task force. The task force is comprised of investigators from the New Mexico State Police, Las Cruces Police Department, Dona Ana County Sheriff’s Office, and New Mexico State University Police Department.

State Police agents learned that on February 29, 2020, at approximately 2:32 a.m., LCPD officers were on Three Crosses Avenue attempting to locate a burglary suspect in the area. While searching, a LCPD officer conducted a traffic stop on a blue GMC pickup after the dispatch return indicated the vehicle’s insurance status was unknown. The officer conducted the traffic stop at 240 Three Crosses Avenue in Las Cruces, NM. During the traffic stop, the LCPD officer observed two female occupants inside the vehicle and a male subject sitting in the back seat who was not wearing a seatbelt. The male subject was identified as Antonio Valenzuela (40) of Las Cruces, NM. During an inquiry through Mesilla Valley Regional Dispatch Authority, the officer learned Valenzuela had a valid bench warrant for his arrest from New Mexico Probation and Parole. The officer asked Valenzuela to exit the vehicle at which time he fled on foot.

Two LCPD officers, who were assisting with the traffic stop, pursued Valenzuela. During the foot pursuit, one of the officers deployed his department issued Taser twice, but neither of the deployments were effectiveThe officers caught Valenzuela and attempted to take him into custody. Officers struggled with Valenzuela who was being combative. They deployed a Taser again, but it was ineffective. One of the officers, identified as Christopher Smelser, eventually gained control of Valenzuela utilizing a vascular neck restraint. After Valenzuela was handcuffed, officers called for emergency medical technicians who arrived on scene and noticed he was unresponsive. EMT’s were unable to resuscitate Valenzuela. He was pronounced deceased on scene by the Office of Medical Investigator. Officer Smelser is a five-year veteran of the Las Cruces Police Department.   

This case is still under investigation by the New Mexico State Police Investigations Bureau. The cause and manner of Valenzuela’s death is under investigation by the Office of the Medical Investigator. For inquiries into the duty status of Officer Smelser please contact LCPD. At the conclusion of this investigation, it will be sent to the appropriate district attorney for review. No additional information is available at this time.

Information from NM State Police