Officials not discussing missteps in officer’s death
Despite the apparent miscommunication leading up to the fatal shooting of New Mexico State Police Officer Darian Jarrott in February, officials say the agency will continue to work with Homeland Security Investigations.
Documents released to the Journal late last Friday reveal that Jarrott’s involvement in the case stemmed from a “breakdown in information.” Another State Police officer who had been briefed on the operation and had backup was supposed to stop Omar Felix Cueva — a man with an extensive criminal history, and who HSI agents knew to be armed and on his way to a drug deal.
Instead, Jarrott was sent in to do the job. Jarrott, apparently unaware of the danger Cueva posed, was alone and nonchalant when he stopped him on Interstate 10 outside of Deming. Cueva shot the 28-year-old father at least six times in the head, neck, chest and back, and then took off.
As he sped from the scene, he called the undercover agent he was meeting to tell him he didn’t give the officer a chance and still wanted to meet up to sell five pounds of
methamphetamine. Cueva was killed in a shootout with law enforcement about 30 miles away in Las Cruces.
Both Department of Public Safety Secretary Tim Johnson and NMSP Chief Robert Thornton declined to do an interview with the Journal about the case or the documents.
Instead, they sent statements.
“The New Mexico Department of Public Safety and New Mexico State Police continue to work with all of our local, county, state and federal law enforcement partners,” Johnson wrote. “We are committed to providing the highest quality of public safety services for the State of New Mexico.”
Thornton said no officers have left the department as a result of the shooting. He said many of the details in the case are still being investigated.
“Officer Darian Jarrott bravely gave his life doing what he loved, serving and protecting the citizens of this state,” Thornton wrote. “We as State Police officers continue to honor his sacrifice by picking up where he left off. We remain committed to working with our state, local and federal law enforcement partners to provide the same professional level of service that Officer Jarrott gave his life for.”
State Police spokesmen did not respond to questions about whether any officers were under an internal affairs investigation. They also did not respond to questions about whether the agency has participated in similar operations with HSI agents since the shooting or if it plans to in the future.
Questions posed to HSI were also not answered.
“As a matter of policy, Homeland Security Investigations does not comment on pending litigation,” an HSI spokeswoman wrote in a statement. “However, lack of comment should not be construed as agreement with or stipulation to any of the allegations. As part of the Department of Homeland Security’s homeland security mission, our trained law enforcement professionals adhere to the Department’s mission and values, and uphold our laws while continuing to provide the nation with safety and security.”
Jarrott’s widow, Gabriella Jarrott, is planning a lawsuit that alleges he was told to do a dangerous traffic stop, but wasn’t informed of the suspect’s criminal history or of the details of the operation.
The documents released to the Journal last week lay out the NMSP investigation into how everything unfolded.
According to the report, an HSI Special Agent in Charge expressed concerns to another agent about what Jarrott knew or didn’t know.
“During this meet, the SAC advised him he (SAC) saw the video of Ofc. Jarrott’s traffic stop,” the report states. “Based on what the SAC observed, he was concerned that Officer Jarrott did not have all the information (with) reference (to) HSI’s knowledge of Mr. Cueva.”
HSI Agent Hector Huerta, an acting supervisor for the Deming Office, told investigators that, a couple of weeks before the shooting, a confidential informant told agents about Cueva and “how he wanted to sell a large amount of narcotics.”
HSI set up a buy and, on Jan. 28, an undercover agent met with Cueva at a truck stop in Las Cruces, and bought a pound of methamphetamine and 4,000 fentanyl pills. Cueva had a “AR-style weapon with an optic and collapsible buttstock” between his driver’s seat and console, and he told the undercover agent that he had it for his protection.
The report states that HSI didn’t bust Cueva then because they wanted to “wall off” the undercover agent and confidential informant — ensuring that Cueva didn’t figure out they were working with authorities.
Instead, HSI decided to do a buy/bust at a later date. In an HSI meeting where no NMSP officers were present, agents were told that Cueva had said “he was not going to go back to jail.” HSI sent out a “be on the lookout” advisory on Feb. 2 since Cueva was traveling on Interstate 10 between Arizona and New Mexico.
The plan was for State Police officer Leonel Palomares, a K-9 officer, to make the “high-risk” stop. He was told everything they knew about Cueva and had arranged to have backup.
On Feb. 4, officer Palomares would pull over Cueva on I-10 and a group of HSI agents in an armored SUV would be nearby, ready to act. If, however, State Police couldn’t find Cueva on I-10, when he reached the meeting place in Las Cruces, an undercover agent would give the signal and tactical agents would arrest Cueva there.
Instead, HSI agent Matthew Rodriguez texted NMSP Sgt. Mark Madrid that morning, saying the agents were doing surveillance at a house and watching for Cueva to leave. He asked if anyone was available to assist and Madrid replied that he only had one officer — Jarrott.
He said he asked Jarrott to look out for Cueva, and warned him of the BOLO and that he was supposed to be armed.
“Sgt. Madrid stated he was never informed by anyone of the HSI operation,” the report states. “He was never informed of him being armed with a rifle. The only information given was what was on the BOLO. Sgt. Madrid stated he knows the BOLO states he is possibly armed and dangerous, but all the BOLOs they receive say this.”
Around noon, Jarrott told dispatch he was pulling over a white Chevrolet pick-up truck. Two HSI agents in an armored vehicle watched the traffic stop from about 200 yards away. They said they didn’t want to alert Cueva to their presence so as not to blow the operation.
“They suddenly observed a black silhouette on the dirt shoulder area and assumed that Officer Jarrott had Mr. Cueva on the ground,” the report states. “They then see Mr. Cueva’s white pickup truck suddenly drive off, so they … approached Officer Jarrott’s location.”
That’s when they realized Jarrott had been shot. He died at the scene.