The Third Judicial District Attorney’s Office has determined that a Las Cruces police officer’s actions were justified in the April 27 shooting that injured a bicyclist on Chaparro Street.
In a letter dated June 12, 2018, District Attorney Mark D’Antonio stated, “After extensive review of this case we have concluded that the shooting by Sergeant Joshua Savage was justified under New Mexico law.”
The shooting injured 29-year-old bicyclist Myron Oveide, who refused Las Cruces police officer Marvin Kelley’s multiple commands to stop. The incident began shortly before 10 p.m. on April 27 when Kelley witnessed Oveide commit a traffic violation related to a lack of lamps and equipment on a bicycle, a press release stated.
Oveide led Kelley on a slow-speed pursuit south toward Gardner Avenue. Investigators learned that during the pursuit, Kelley gave multiple commands for Oveide to stop but those commands were ignored. The investigation also revealed that Kelley activated his emergency equipment and had to change direction multiple times to keep pace with Oveide. On Gardner Avenue, Kelley got out of his patrol unit and ran after Oveide who remained on his bike and continued ignoring commands to stop.
A second LCPD officer, Sgt. Joshua Savage, responded to the pursuit and, along with Kelley, engaged Oveide near the intersection of Gardner and Chaparro. Lapel camera video shows Oveide holding a handgun in one image and Kelley trying to remove the handgun from Oveide’s grasp in another image. Savage, an 11-year veteran of LCPD, ultimately fired four rounds that struck Oveide. Savage indicated to investigators that he was in fear of either Kelley or himself being shot by Oveide. It was later determined that the handgun Oveide drew was a BB gun that resembles a full-size SIG Sauer 1911 handgun.
Oveide was transported to MountainView Regional Medical Center but has since been released. Kelley and Savage were not physically injured during the incident. Oveide is charged with aggravated assault upon a peace officer and resisting, evading or obstructing an officer.
Lapel camera video of the incident will not be released at this time since Oveide’s case is pending prosecution.