The investigation into the Aug. 21 shooting of an armed man on Lohman Avenue is complete and the Third Judicial District Attorney’s Office has concluded that two Las Cruces Police officers were justified when they discharged their weapons resulting in the death of 36-year-old Juan Gabriel Torres.
Torres, of Las Cruces, was shot shortly after 4:30 p.m. Sunday, Aug. 21, after he lunged toward an officer on Lohman Avenue. Officers tried to save Torres’ life immediately after the shooting. He was transported to MountainView Regional Medical Center where he died.
The incident began at about 3 p.m. when officers were dispatched to the report of a robbery and theft of a pickup at 1323 E. Lohman Ave. Officers learned that the suspect stole a 2012 white Chevrolet pickup from an 86-year-old man and fled from the area. The victim in that incident was slightly injured when the suspect violently pulled the keys from his hands. Shortly after the auto theft, LCPD officers spotted the pickup near Lohman and Foothills Road. Officers briefly pursued the pickup and attempted to conduct a traffic stop but the driver refused to do so. Officers broke off the pursuit because of heavy traffic in the area and for public safety reasons.
At about 4:30 p.m., while officers were investigating the auto theft, they observed the pickup as it drove by the initial crime scene. LCPD Sgt. Michael Henke, along with officers Johnathan Boehne and Christopher Gamez, began to pursue the truck as it headed east on Lohman but again broke off the pursuit, this time near Walton Boulevard, because of heavy traffic and concerns for public safety. Less than a minute later, officers caught up with the pickup that was abandoned on Lohman, in the eastbound lanes, directly above I-25. The driver, later identified as Torres, had exited the pickup before officers arrived at the overpass.
Investigators soon learned that Torres, after exiting the Chevy pickup, tried to open the door to a blue Chrysler that was occupied by a man and his 10-year-old son. Torres was unable to enter the vehicle because the doors were locked. Torres then walked into the westbound lanes of Lohman where he approached another blue vehicle. That’s when officers made contact with Torres who was armed with a large hunting knife and carrying a beer bottle.
Officer Boehne was the only officer wearing a lapel camera. Video and audio from that camera confirmed that officers repeatedly ordered Torres to drop the knife but he refused to do so. The evidence shows that officer Boehne and Sgt. Henke discharged their weapons when Torres lunged toward Boehne. Torres was struck multiple times.
Audio evidence obtained from the lapel camera indicates that officer Gamez was in the process of transitioning from his duty weapon to a Taser the moment before Torres lunged toward Boehne.
The officers were not injured during the incident. As is standard procedure, officer Boehne and Sgt. Henke were placed on administrative leave. They have since returned to duty.
Boehne and Henke have been with the Las Cruces Police Department since 2009 while Gamez graduated from LCPD’s Academy in February 2016. Henke was promoted to sergeant in May 2015.
The incident was thoroughly investigated by LCPD and the Officer-involved Incident Task Force, which is standard protocol for a use of deadly force incident. The task force includes investigators from LCPD, New Mexico State Police, the Dona Ana County Sheriff’s Office and New Mexico State University Police. The final report was forwarded to the District Attorney’s Office which concluded on Thursdaythat the officers’ actions were justified.
Information from Las Cruces Police