Las Cruces officer faces charge in fatal chase

Victim was restrained by the neck after fleeing police on foot

LAS CRUCES — Prosecutors in southern New Mexico say a Las Cruces police officer is facing a charge of involuntary manslaughter in the death of a man who led police on a chase.

Third Judicial District Attorney Mark D’Antonio said Friday that his office was filing the charge against officer Christopher Smelser for the Feb. 29 death of Antonio Valenzuela, 40, who had a parole violation warrant against him when he ran from officers following a traffic stop. It was not clear whether Smelser had an attorney.

Authorities have said that police gave chase after Valenzuela ran. They twice used their Tasers but say Valenzuela continued struggling to get away. At one point, Smelser restrained Valenzuela by the neck to gain control. He became unresponsive and paramedics were unable to revive him.

After reviewing the autopsy report, Police Chief Patrick Gallagher said Friday it was in the best interest of the department and the community to relieve Smelser of his duties and issued a letter of intent to terminate the officer’s employment. A four-year veteran with the department, Smelser has been on administrative leave since Feb. 29 pending the outcome of the autopsy report.

“Words are insufficient to bring comfort to Antonio Valenzuela’s family, but I extend my sincere condolences for their loss,” the chief said. “It is a tragic day for everyone involved when there is an in-custody death or a death as a result of a police apprehension.”

After Valenzuela’s death, the Las Cruces Police Department said, it began prohibiting the use of neck restraints during apprehensions.

New Mexico State Police and a regional task force investigated Valenzuela’s death, the Las Cruces Sun-News reported.

According to the autopsy report, Valenzuela had hemorrhaging in his eyes and eyelids, which is indicative of asphyxiation and may occur when the neck or chest is compressed. His neck had a deep muscle hemorrhage, his Adam’s apple was crushed and his ribs were fractured. There also was swelling in his brain.

The report says methamphetamine played a role in his death, explaining that the presence of the drug can cause a rapid heart rate, high blood pressure and an increased demand for oxygen.

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The meth likely placed increased stress on Valenzuela’s cardiovascular system, according to the report.

The report comes as advocates for police reform across the U.S. call for authorities to end the use of chokeholds after George Floyd died while a Minneapolis officer pressed his knee into his neck. Floyd’s death has sparked worldwide protests.

Sylvia Montoya, Valenzuela’s aunt, told the Sun-News she doesn’t want another family to go through what her family has gone through.

“I don’t want to hear of another death at the hands of an officer. It’s not right,” she said.

Valenzuela lived with his grandparents and was a father to four children. Court records show he had a history of felony drug possession charges and minor traffic violations. Police report Valenzuela was found with a crystal-like substance the day he ran from officers.