New details released in shooting by officer
38-year-old charged with trafficking controlled substances, assault on officer, firearms crimes
New Mexico State Police provided more details Thursday on an officer-involved shooting in Española, where local police wounded a man in November while responding to a domestic violence call.
An arrest warrant affidavit filed six days after the Nov. 22 incident states Española police Officer Donnie Gutierrez shot Jerome Naranjo, 38, once in his left cheek during a domestic violence call.
Both the state police news release and the affidavit say Gutierrez entered an apartment to help Officer Adrian Moya, who was in a physical altercation with Naranjo. State police said one of the officers tried to use a malfunctioning stun gun before resorting to lethal force.
The affidavit does not mention an attempt to use a stun gun on Naranjo.
“Moya, while still fighting with Mr. Naranjo over the firearm, instructs Officer Gutierrez to ‘shoot him’ or something to that effect, at which point a single gunshot can be heard,” according to the affidavit.
Española Police Department Chief Mizel Garcia, said body camera footage from the incident does not show Gutierrez handling a stun gun or fire his weapon, due to how close the two officers and Naranjo were during the fight.
“At some point the video goes black when [Gutierrez is] right next to, or almost on top of Officer Moya because they’re all pretty much on top of each other,” Garcia said. “The [camera] is in front of the officer ... so you don’t see what his hands are doing.”
State police spokesman Dusty Francisco said the malfunctioning stun gun was not mentioned in his department’s news release immediately following the shooting since it was not evident at the start of the investigation.
Naranjo has been charged with one count of trafficking controlled substances; two counts of aggravated assault upon a peace officer and two counts of receipt, transportation or possession of a firearm or destructive device by a felon relating to the incident, according to online court records.
He was booked into the Rio Arriba County jail on Nov. 30, according to the facility’s records.
Gutierrez and Moya responded to Naranjo’s apartment at an Española Housing Authority complex on Calle Del Sol after a man reported he could hear his neighbors fighting, according to the affidavit.
Moya knocked on the door several times as his fellow officer spoke with a woman at the complex, according to the complaint. Naranjo opened the door, but immediately tried shutting it after seeing the officer.
“Video from Officer Moya’s body worn camera shows Mr. Naranjo holding what appears to be a black handgun,” the complaint states. “Naranjo can be seen pointing the firearm at Officer Moya’s stomach and then at his face during the altercation.”
Naranjo was still holding the gun after being shot, according to the affidavit. Gutierrez pulled it away from him before the two officers called for an ambulance and attempted to provide Naranjo with first aid.
Naranjo was taken to Presbyterian Española Hospital after the shooting, then transported to University of New Mexico Hospital in Albuquerque, according to the affidavit.
Police said they found about 100 fentanyl pills on Naranjo’s person after their altercation. Officers also discovered more fentanyl, a rifle and a white powdery substance believed to be cocaine inside Naranjo’s apartment, according to the affidavit.
Garcia said Gutierrez and Moya were on standard administrative leave following the shooting, but both have since returned to work.