A New Mexico police officer has been charged with involuntary manslaughter after video footage surfaced of him using a deadly chokehold on a man following a traffic stop.
Body camera footage from the February 29th struggle shows Las Cruces officer Christopher Smelser choking Antonio Valenzuela as he lay on the ground. Smelser can be heard yelling, “I’m going to f**king choke you out, bro.”
The disturbing ordeal began when officers conducted a traffic stop on Valenzuela’s vehicle. During the stop, officers learned that he had a warrant for a parole violation, according to a news release from the Doña Ana County District Attorney’s Office. Valenzuela then fled on foot, fearing being arrested. The officers proceeded to chase him and, at some point, deployed their Taser twice “without affecting” him.
The newly released footage shows Smelser tackling Valenzuela, who was “continually struggling to get away,” the D.A.’s office said. “Once on the ground, during this struggle, Officer Smelser applied a vascular neck restraint technique to gain control.” Smelser is heard in video footage saying, “If you don’t f**king stop, bro, I’m going to f**k you up,” to which Valenzuela challenged the officer, replying, “Hit me harder.” Smelser then says, “I’m going to f**king choke you out, bro.” Valenzuela can be heard groaning for nearly one minute as the aggressive officer is shockingly heard repeatedly saying, “Give up, bro.” Once Valenzuela stops moving, Smelser then says, “Yeah, he’s out.” Paramedics responded to the scene and attempted life-saving measures on Valenzuela to no avail, according to the D.A.
The officer, who had been with the department for four years, had been on administrative leave since the incident. On Friday, the city informed him of its intent to fire him.
“Words are insufficient to bring comfort to Antonio Valenzuela’s family, but I extend my sincere condolences for their loss,” Las Cruces Police Chief Patrick Gallagher said. “Once we learned of the findings in the medical investigator’s report, we felt it necessary to immediately initiate termination proceedings.”
According to an autopsy, Valenzuela died from “asphyxial injuries due to physical restraint,” with methamphetamine listed as a significant contributor to his death, the Office of the Medical Investigator ruled.
“The presence of methamphetamine in Mr. Valenzuela’s system during the struggle and restraint likely increased his baseline oxygen demands and placed increased stress on his cardiovascular system, contributing to death,” it said.
According to an arrest warrant affidavit, police discovered “a silver multitool and what appeared to be illegal narcotics” on Valenzuela.
The medical examiner report also found “small pinpoint hemorrhages” — consistent with Valenzuela having his neck or chest compressed — in his eyes and eyelids, as well as “evidence of focal, deep muscle hemorrhage and a fracture” to his Adam’s apple. His cause of death was officially ruled a homicide last week.
Smelser has now been charged with involuntary manslaughter, which is a fourth-degree felony. He appeared in Doña Ana County Magistrate Court on Monday.
His attorney, Amy Orlando, said that her client has a “clean disciplinary record, lack of criminal history and family ties in the community.” She told CNN that Smelser “used a maneuver that was sanctioned by the Las Cruces Police Department during a violent struggle while attempting to take Mr. Valenzuela into custody.”
“Office Smelser regrets the outcome of the incident; however, Mr. Valenzuela had a felony warrant, ran from the police, was under the influence of drugs, had drugs on his person, had a weapon, actively resisted, and violently fought the officers,” Orlando said.
Since Valenzuela’s death, the Las Cruces Police Department has banned the use of vascular neck restraints.
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