Latest news with #NewMexicoTortClaimsAct
Yahoo
08-04-2025
- Yahoo
Wrongful death lawsuit filed in fatal officer-involved shooting in Chaparral
EL PASO, Texas (KTSM) – A wrongful death lawsuit has been filed against the Board of County Commissioners for Doña Ana County following the fatal shooting of a man by a Sheriff's deputy last year in Chaparral, New Mexico, the law firm Huffman, Wallace & Monagle said in a news release. Sheriff: Man points taser at deputy, killed in Chaparral The lawsuit stems from the fatal shooting of Jose Guzman by Deputy Cory Ruiz on April 29, 2024, the lawsuit said. The law firm said the lawsuit alleges violations of the New Mexico Civil Rights Act and the New Mexico Tort Claims Act. The complaint details how Guzman — a man with diminished cognitive capacity and well-known in the Chaparral community — was shot multiple times by Ruiz during what began as a minor trespassing investigation, according to the news release. According to the lawsuit, Ruiz was familiar with Guzman from previous encounters and was aware of his mental health challenges, yet 'failed to follow departmental policies regarding interactions with mentally ill individuals and use of force protocols.' Man shot, killed in officer-involved shooting in Chaparral 'This case represents a profound failure of community policing,' attorney Jason T. Wallace said. 'Mr. Guzman was a vulnerable individual with well-known cognitive challenges who posed no serious threat to anyone. The deputy's decision to escalate a minor misdemeanor warrant into a deadly confrontation was unnecessary and preventable.' 'The Doña Ana County Sheriff's Office has clear policies in place for interacting with mentally ill individuals and for de-escalation, but those policies were ignored in this case. Our law enforcement agencies must do better to protect our most vulnerable citizens rather than endangering them,' Wallace added. As we previously reported, Guzman, 37, was shot and killed in Chaparral, in April of last year in what the Doña Ana County Sheriff's Office called an officer-involved shooting. The incident happened when a 911 call was placed about a suspicious person and a possible burglary in progress, Doña Ana County Sheriff Kim Stewart said at the time. Stewart said a deputy made contact with Guzman on the 300 block of Prescott Anthony Drive and discovered that Guzman had a no-bond arrest warrant for disorderly conduct out of DASO. Stewart said the deputy attempted to arrest Guzman and a short pursuit ensued. Stewart said that at one point, the deputy struggled with Guzman for several minutes after activating his taser. The taser was then placed on the ground, which Guzman took and held it in a manner in which 'he could deploy it' at the deputy. The deputy, later identified as Cory Ruiz in the lawsuit, shot and killed Guzman, according to the lawsuit's release. KTSM reached out to Doña Ana County for comment and hasn't heard back 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-02-2025
- Yahoo
New Mexico Supreme Court rules Victoria Martens grandparents properly notified city of possible lawsuit
ALBUQUERQUE, N.M. (KRQE) – The New Mexico Supreme Court unanimously ruled Thursday that the lawsuit by the grandparents of Victoria Martens sufficiently notified the city of Albuquerque of their plans to sue for damages related to the 2016 death of 10-year-old Victoria. The Court affirmed a ruling from the Court of Appeals that revived the lawsuit after it had previously been dismissed in district court. The Court concluded that the lawsuit by John and Pat Martens met the requirements of the New Mexico Tort Claims Act of notifying the city about claims for lawsuit alleges that city police failed to investigate allegations of child abuse involving Victoria. In August 2016, Victoria's body was found mutilated in a bathtub at her mother's apartment. Michelle Martens, Jessica Kelley and Fabian Gonzales have all been sentenced for their roles in Victoria's death. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
