LAS CRUCES – Last week, the New Mexico Attorney General’s Office took over the case against now-former Las Cruces Police Officer Christopher Smelser, who is accused of killing a man during a traffic stop in February. At the time, the agency announced it would increase charges from involuntary manslaughter to second-degree murder.
Despite the new charges, Third District Court Judge Douglas Driggers referred the case to the trial court for an initial hearing.
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Prior to the COVID-19 pandemic, when a user qualified with a crime in a district court, a grand jury would have been called to officially qualify the individual. However, due to mitigation measures taken through the Administrative Office of the Courts, large juries do not meet lately.
On February 29, Smelser stopped a blue van on Three Crosses Avenue while searching for an alleged thief. Antonio Valenzela, 40, resident of Las Cruces, passenger of the vehicle. He fled on foot when traffic stopped.
Smelser and other officers chased Valenzuela, eventually Tasing him three times. Initial reports stated Valenzuela continued to be combative with officers after being tased.
Lapel camera footage released by the Las Cruces Police Department shows Smelser cussing at Valenzuela. He warns Valenzuela that he’s going to, “choke you out, bro,” prior to administering the chokehold.
As a result of the chokehold, Valenzuela passed out and never regained consciousness. Autopsy report issued in the first week of June listed Valenzuela’s injuries as a crushed Adam’s apple, broken ribs, swelling in the brain and popped blood vessels in his eyes.
His manner of death was ruled a homicide and on June 5 after being on paid administrative leave since the incident, Smelser was relieved of his duties and charged with involuntary manslaughter, a charge that if convicted, could have landed him in jail for 18 months.
On June 9, a lawyer from Valenzuela’s family, Sam Bregman, held a press convention in Las Cruces where he revealed that he had sent a letter to the Prosecutor of the Third Judicial District requesting an increase in fees opposed to Smelser. Bregman also sent a letter to the new Mexico Attorney General’s headquarters asking them to review the case.
The homicide rate infuriated Valenzuela’s family, friends and network, and encouraged a convicted felon, David Pedraza, to come to Sun-News with his story of being injured through Smelser while in the same vascular restriction formula in 2018. Pedraza alleges that he suffered a damaged collarbone and dislocated his shoulder, which required several surgeries to correct him.
The initial hearing, scheduled for a later date, is the next step in obtaining Smelser’s indictment of the rate of insancy homicides.
According to city officials, on July 6 the last day of Smelser’s paintings in the city of Las Cruces.
Bethany Freudenthal can be reached at [email protected], 575-541-5449 or @bethanyfreuden1 on Twitter.
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