MESCALERO, N.M. — A deputy from the Otero County Sheriff’s Office is facing charges in connection with the June shooting death of a teenager outside Mescalero.
Jacob Diaz-Austin, 28, of Las Cruces, has been charged with an open count of murder by the 2nd Judicial District Attorney’s Office in relation to the fatal shooting of 17-year-old Elijah Hadley, according to Nancy Laflin, spokesperson for the Bernalillo County District Attorney’s Office.
Attempts to contact Diaz-Austin’s attorney were unsuccessful. Meanwhile, Hadley’s family, represented by The Spence Law Firm NM LLC and Dodd Law Office, LLC, released a statement describing the charges as “a step toward justice.”
“Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good person,” the statement said. It further alleged that some of the shots were fired after Hadley was on the ground, unarmed and bleeding. “We demand accountability, and we will not stop until justice is done,” the family declared.
The Otero County Sheriff’s Office has not yet responded to inquiries about Diaz-Austin’s current employment status, leaving it unclear if he is still employed with the department.
In July, the 12th Judicial District recused itself from the case, requesting that the 2nd Judicial District take over to assess whether charges should be filed, Laflin explained.
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The incident occurred around 10:45 p.m. on June 25, when Diaz-Austin responded to a welfare check regarding a teenager walking in the median of U.S. Highway 70 near mile marker 240. Upon arriving, Diaz-Austin encountered Hadley, a member of the Mescalero Apache tribe, who allegedly presented an object resembling a firearm. According to a June 27 social media post by New Mexico State Police, Diaz-Austin fired at least 19 shots, resulting in Hadley’s death at the scene.
Subsequent investigations revealed that the object in Hadley’s possession was an airsoft gun, authorities reported.
On Monday, Laflin confirmed that Bernalillo County District Attorney Sam Bregman and Chief Deputy District Attorney Natalie Lyon had informed Hadley’s family about the decision to charge Diaz-Austin. Bregman and Lyon will lead the prosecution, but no further comments have been issued by the DA’s office.
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