DASO shooting investigation moves forward

A copy error in this story has been corrected to clarify a statement from the District Attorney's Office that all officer-involved shootings reviewed by the office have been closed.

A police task force has completed its investigation into an incident in which a sheriff’s deputy killed a man in Chaparral in April, sending the case to the district attorney to determine if the shooting was justified or warrants criminal charges.

Video released to the Las Cruces Bulletin after the investigation concluded showed the deputy, who has not been identified, struggle to detain a man despite hitting him with taser rounds and mace. The video also shows the encounter ended with the deputy firing his weapon at the man five times, including twice on the ground, after the man grabbed the deputy’s taser and waved it at the deputy.

The man, 37-year-old Chaparral resident Jose Adrian Guzman, died at the scene. 

Doña Ana County Sheriff Kim Stewart declined to answer the Bulletin’s questions including the deputy's name, his employment or duty status at the sheriff’s office, whether disciplinary action had been taken and about the lack of transparency in the initial release of details about this incident.

“Regarding your questions about the (officer-involved shooting) involving Guzman, the D.A. has yet to rule in this matter. In light of this, I will not comment on any part of this incident,” Stewart wrote in an email to the Bulletin.

Stewart declined to take questions at a news conference shortly after this shooting. She said she found a report from another news agency to be unfair and so would not indulge the news media inquiries.  

Roxanne Garcia-McElmell, a spokesperson for the Third Judicial District Attorney's Office, confirmed that they’d received the case on or about Sept. 9 and had begun a process of reviewing evidence and consulting with the detectives who investigated the incident before District Attorney Gerald Byers makes a determination – a process Garcia-McElmell said may take “up to three weeks to 1-5 months.”  

Responding to the Bulletin’s queries, Stewart and Byers criticized each other.

“The DA has not ruled on a number of our OIS incidents going back several years. It puts us, especially the involved deputies, in a very bad position as to transparency. … Maybe after 2025 January, we will have a better system in these matters,” Stewart wrote, finishing with a reference to a new DA taking office in January. (Byers was defeated in a Democratic primary last June.)   

Byers denied that his office had any outstanding OIS cases left to review and called the sheriff’s claim “a gratuitous, responsibility deflecting falsehood.”

“The incident happened on 04-29-2024. We got DASO’s completed package on 09-09-2024,” Byers continued, adding that his office reviewed all OIS records and found that all of them – 17 since March 2021 – have been closed. 

“No OIS review is outstanding and unresolved except this one, which it took DASO 153 days to get to us. Stewart’s bogus statement attempts to curry favor with whoever wins the District Attorney election by falsely smearing me. … She should focus on her own operations. A ‘blame game’ doesn’t help anyone.”

Chaotic fight ends in gunfire

The body camera video was released to the Bulletin on Sept. 13, confirming civilian footage of the incident obtained by KVIA-TV in May. 

Guzman and the deputy came into contact after DASO suspected Guzman was involved in a possible burglary in the area. After a brief discussion, Guzman runs away from the unidentified deputy before the deputy catches up to him near Luna Azul and Prescott Anthony Drive. 

A chaotic encounter ensues in which the deputy fires a taser round that brings Guzman down to the asphalt. Guzman can be seen bleeding from his head as the deputy attempts to pin him to the ground. The men struggle for about five minutes before Guzman breaks free from the pin.

From the footage, it's unclear if the deputy attempted to handcuff Guzman at this point.

Both men return to their feet, the deputy using the opportunity to fire mace into Guzman’s face. They both stagger backwards. Guzman sweeps up the taser and arms himself with it. The deputy pulls out his pistol and points it at Guzman, repeatedly ordering him to drop the taser as they circle each other, with Guzman hollering and eventually saying, “No.” Guzman aims the taser at the deputy, lowers it, then aims it again. According to Stewart, the taser was loaded at this point. 

After Guzman refuses another order to drop the device, the deputy pulls back the slide of the pistol and fires once, yelling, “Drop it.”  It’s unclear whether this round strikes Guzman as he continues walking, seemingly uninjured. As the first shot is fired, Guzman lowers the taser. 

The deputy fires again, and it’s again unclear if the rounds strike Guzman, who turns his back to the deputy. The deputy then fires a third shot, which seems to strike Guzman in the head, causing the man to fall in the roadway.

The deputy fires two more times at a range of no more than 12 feet, although it’s difficult to determine from the body camera footage.

From the time the first shot is fired to the last, less than ten seconds elapse. From the time Guzman picks up the taser to his death, about one minute elapses.