Convicted police officer seeks new trial

Yahoo

16-03-2025

Mar. 15—LAS CRUCES — A former Las Cruces police officer recently convicted of voluntary manslaughter will be back in court this coming week pursuing a new trial.
Brad Lunsford, 39, was held culpable last month by a jury for killing Presley Eze at a local gas station in 2022.
While investigating a complaint alleging Eze had stolen a can of beer, Lunsford and another officer pulled Eze from his vehicle and wrestled him to the ground as he attempted to flee. In a melee lasting about 22 seconds, Lunsford said Eze appeared to reach for a fallen Taser and, because of his position on top of Eze, did not have time to use non-lethal means to protect his fellow officer.
Ultimately, Lunsford fired a shot directly into Eze's head.
Lunsford was found guilty of voluntary manslaughter, a third-degree felony with a firearm enhancement, and is in custody ahead of sentencing in April. Defense attorney Matthew Chandler is asking the court to release Lunsford from custody and grant a new trial.
In the first of three motions filed in the 3rd Judicial District Court, Lunsford alleges he was denied due process when two jurors were improperly replaced by alternate jurors after closing arguments were concluded.
In a supplemental motion, Lunsford argued that a juror who served as foreperson had failed to disclose biased views about policing and uses of force, based on newly discovered evidence that the individual had participated in protests, media interviews and academic writing on the issue. The motion argues that the juror participated in deliberations "with a hidden and undisclosed bias which had a significant impact on the outcome of the trial."
In a third motion, the defense challenged aspects of some expert witness testimony as well as the exclusion of a toxicology report showing the presence of amphetamine and methamphetamine in Eze's body at the time of the encounter, arguing the latter offered evidence crucial to Lunsford's defense. This motion also stated that jurors had been able to overhear bench conferences, meant to be confidential, throughout the trial.
"Brad Lunsford was convicted at the conclusion of a lengthy trial where a jury of his peers had the opportunity to evaluate all the evidence submitted by both the state and the defense," the New Mexico Department of Justice, which prosecuted Lunsford, said in a written statement. "He had his day in court and he was found guilty. While the prosecution does not control the logistics for excusing jurors before deliberations begin, the community should know that every member of the jury who found Lunsford guilty was present for the entire trial and there is no basis in law for this conviction to be overturned. We look forward to upholding the jury's verdict and stand prepared to take the matter up on appeal should that become necessary."
A hearing on the motions is set for March 21.