Former Las Cruces police officer convicted of manslaughter in 2023 shooting

LAS CRUCES, N.M. (AP) — A former Las Cruces police officer was found guilty of voluntary manslaughter on Thursday in the 2023 shooting death of a woman who struck him with her open car door as she backed up and tried to leave.

Jurors deliberated for a couple of hours before returning the verdict in case of Felipe Hernandez, who was fired from the Las Cruces Police Department in 2024 after charges were filed in the death of 45-year-old Teresa Gomez.

Prosecutors had asked jurors to find Hernandez guilty of second-degree murder, saying the evidence showed the shooting was unjustified. District Attorney Fernando Macias said in a statement that he firmly believed that prosecutors presented evidence to support that charge but that he respected the deliberation process and the results.

It was unclear if defense attorney Jeff Lahann planned to appeal. He did not return phone and email messages seeking comment Thursday.

Jurors heard the testimony of police officers and experts, and watched body-camera footage of Hernandez approaching Gomez and a man while they were in a parked car.

Hernandez told jurors that he feared for his safety and believed he had no choice but to use deadly force. His attorney described it as a chaotic and dangerous situation.

The footage shows the officer had finished writing down Gomez’s information and was talking to a man in the passenger seat about a previous trespass case when the woman asks if she could sit back down in the car.

Hernandez agrees and asks the passenger for his date of birth. As Hernandez is using his radio to contact dispatch, the woman starts the car, looks at him and hits the gas, the open door hitting the officer as she drives backward. She then drives forward past him and as he yells at her to stop, he fires his gun as the car is driven away.

In closing arguments, prosecutors said the case was about an officer who created and escalated a confrontation that ended in a woman’s death. They presented evidence during the four-day trial that Hernandez had cursed at Gomez earlier in their encounter, did not try to de-escalate the situation and did not render aid after the shooting.

While on the stand, Hernandez told jurors about his time in the military as well as his use-of-force and firearms training, annual qualifications and scenario-based drills. He also said he helped launch bike patrols and that he met regularly with staff at the public housing complex where the shooting occurred to discuss reports and enforce rules.

According to testimony about the morning of the shooting, Hernandez said he was patrolling on his bicycle before dawn when he spotted a vehicle at the housing complex he didn’t recognize. He said Gomez refused to comply when he ordered her out of the car and that the passenger appeared to have a weapon, later determined to be a paintball gun.

Hernandez acknowledged during testimony that there were no reports of disturbance or threats involving the people in the vehicle before he approached them.

The judge ordered Hernandez held pending sentencing, which has yet to be scheduled.

The city in 2024 reached a $20 million settlement with the woman’s family.