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02-10-2023, 10:26 PM
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In-Custody Death – Antonio “Tony” Valenzuela
February 29, 2020 - According to New Mexico State Police, Antonio Valenzuela, 40, was a passenger in a vehicle that Officer Christopher Smelser and another police officer stopped. When police officers realized Valenzuela had a warrant out for drug charges, Valenzuela fled. Once officers caught up to Valenzuela, Smelser used a chokehold after a taser didn't work. Authorities said police realized five minutes later that Valenzuela was dead. A coroner declared Valenzuela dead at the scene. Both officers involved were placed on administrative leave. Former police chief, Patrick Gallagher prohibited the use of VNR apprehensions. ![]() Smelser is terminated by LCPD following the report and the Third Judicial District Attorney's Office charged him with involuntary manslaughter. The police department informs media that it prohibited the use of vascular neck restraints in apprehensions immediately after Valenzuela's death. Ofc. Smelser lapel camera March 3, 2022: Findings from the New Mexico State Police indicated Valenzuela was combative with police officers. A stun gun was used on Valenzuela three times before Smelser used a vascular neck restraint on Valenzuela. June 4, 2020 – Autopsy for Valenzuela determined he died from “asphyxial injuries” and that he had methamphetamine in his system, which contributed to his death. Smelser was terminated from the city of Las Cruces, according to LCPD police. His death was ruled a homicide. June 5, 2020 - LC police officer charged with involuntary manslaughter after using neck restraint on Valenzuela June 6, 2020 - Protest in Las Cruces ends peacefully after protesters blocked traffic at intersection June 9, 2020 - Family of Antonio ask charges against officer to upgrade to 2nd degree murder Press Conference attached below. June 13. 2020 - Protesters again shut down streets in Las Cruces, this time at the intersection of Telshor Boulevard and Foothills Road, calling in part to "defund" the Las Cruces Police Department and justice for Valenzuela. Later that day, a group gathers at Plaza de Las Cruces to discuss policing within LCPD. July 16: - New Mexico Attorney General Hector Balderas announces his office will be taking over the Smelser case and increases the charge to second-degree murder. July 17, 2020 - The City of Las Cruces announces it has reached an agreement to pay Valenzuela's estate $6.5 million and also agrees to bring before the city council policy changes within the Las Cruces Police Department. Settlement pdf attached below July 14, 2022 - Murder charge dropped against former Las Cruces police officer Christopher Smelser |