The suspect in Friday’s robbery at a west Picacho Avenue convenience store, who later wielded a knife to threaten a Las Cruces Police officer before being shot, has been charged with two felonies.
Erik Daniel Hernandez, 19, has been charged with one count each of robbery and aggravated assault upon a peace officer. Hernandez remains in critical condition at University Medical Center of El Paso.
Shortly before 11 p.m. Friday, Aug. 1, Las Cruces Police were dispatched to the report of a robbery at the Valero Corner Store at 2695 W. Picacho Ave. A store employee described the suspect as Hispanic, wearing a red ball cap and white long-sleeve shirt, and carrying a navy blue backpack.
Investigators learned that LCPD officer David Rodriguez, a January 2014 graduate of LCPD’s Academy, located a man matching the description south of the Valero store on Motel Boulevard. Rodriguez made contact with the suspect, later identified as Hernandez, who was armed with a knife.
Witnesses told investigators that Rodriguez gave several commands for Hernandez to drop the knife but the suspect closed distance as he raised the knife. Officer Rodriguez fired more than one round, striking Hernandez’s torso and arms.
Hernandez fell to the ground but maintained possession of the knife. A responding LCPD K-9 unit deployed his K-9 to disarm Hernandez, who was subsequently transported to the hospital.
The task force investigating the incident learned that early Friday evening Hernandez and his 21-year-old girlfriend got into an argument. The two have a young son together and, at around 9 p.m., she dropped Hernandez off at his mother’s residence.
About an hour later, Hernandez is believed to have called his girlfriend and left a voicemail for his son that said, in part, “I’m sorry that you’re not going to see me when you grow up.” Hernandez is then believed to have sent his girlfriend a text message that read, “I hope you enjoy all the money you’re going to have.”
Sometime after Hernandez left the voicemail, police were dispatched to the armed robbery call. Investigators learned that the knife Hernandez used was taken from his mother’s residence.
Investigators interviewed eyewitnesses to the incident who called 911 to report the shooting and remained on scene to speak with detectives. Their statements contradict reports made publicly by a Raul Espino who claimed to witness the entire incident. Espino was in the area but drove up to the scene a few moments following the shooting. Espino did not remain on scene to speak with police or provide assistance, but investigators were able to locate him for an interview.
Officer Rodriguez was not injured and is on standard administrative leave.
The Officer-involved Incident Task Force includes investigators from New Mexico State Police, New Mexico State University Police, the Dona Ana County Sheriff’s Office and the Las Cruces Police Department.
Information from Las Cruces Police