9-01-2024 1:58am

2nd Judicial District Attorney’s Office Reviewing Investigation into Shooting of Elijah Hadley

Chris Edwards Editor

Otero County deputy Jacob Diaz-Austin's dash camera shows Elijah Hadley dropping a BB gun before the deputy opened fire. New Mexico State Police

The Albuquerque Journal has published the name of the Otero County Sheriffs Deputy Jacob Diaz-Austin as under investigation for the shooting of Elijah Hadley. The Journal reports that the New Mexico Department of Public Safety announced that the investigation into the June 25, 2024, shooting of the Mescalero Apache teenager has now been transferred to the 2nd Judicial District Attorney’s Office to be reviewed for possible criminal charges — a process that occurs once a police shooting investigation has been completed.

Video captured by the patrol vehicle’s dash camera showed the gun left the teen’s hands before the deputy opened fire. Elijah Hadley was shot and fell to the dirt, repeatedly screaming, “It’s just a BB gun,” reports the Albuquerque Journal.

Minutes later, as the 17-year-old boy rolled on the ground, apparently unable to get up, Otero County deputy Jacob Diaz-Austin fired again and again.

In all, Diaz fired at least 19 bullets at Hadley, a Mescalero Apache Tribe member. The teen died at the scene.

Minutes later, as the 17-year-old boy rolled on the ground, apparently unable to get up, Otero County deputy Jacob Diaz-Austin fired again and again.

In all, Diaz fired at least 19 bullets at Hadley, the 17 year old Mescalero Apache Tribe member. The teen died at the scene.

Nancy Laflin, a spokeswoman for the 2nd Judicial District Attorney’s Office, told the Journal they have the case and “are in the process of reviewing it.”

“We are committed to delivering an accurate account of the events and it is our priority to ensure a comprehensive and unbiased investigation,” DPS Secretary Jason Bowie said in a statement. “Open communication with tribal leadership and the family members are essential for building and maintaining strong, trust-based relationships between the police and communities they serve.”

The department does not usually publicly announce when a police shooting case has moved from the investigative to review stage and it is unclear why it did so in the death of Hadley. However public pressure has been mounting on officials since multiple news stories have been published by AlamogordoTownNews.org concerning public marches, a public website, staged protests at the Sheriff's Office and even a protests at the recent Heritage Festival by friends and family wanting answers and accountability.

Protestors and family members gave a speech at the Otero County Commission meeting which Sheriff Black was scheduled to attend but was a no show. A Supporter of "Justice for Elijah Hadley" also spoke at a recent Alamogordo City Commission meeting where Mayor Susan Payne refused to say the name of "Elijah Hadley" resulting in a guest editoral published by AlamogordoTownNews.org from award winning journalist Christine Steele, that was critical of the mayor's response. Ms Steeles guest editorial had over 30,000 downloads from across the state of New Mexic resulting in other media mentions of Elijah Hadley, putting pressure on officials to make a statement to ease the brewing pressure building in Otero County, and within the Mescalero Apache community.

A petition continues to circulate online requesting the resignation of the yet to be named deputy and of sheriff Black for failure of communication and transparency. The petition has almost 900 signatures to date.

https://www.change.org/p/remove-otero-county-sheriff-david-black-from-o…

The sister of Elijah Hadley; Katie Rose, has a memorial walk scheduled for September 7th at 7 pm beginning at the Catholic Church in Bent. T-shirts in the memory of Elijah Hadley will be given to the first 70 people to come yo the march. Balloons in his memory will be released in his memory.

The comments section of the Otero County Sheriff’s Office Facebook page has become filled with residents and tribal members blasting the department for Hadley’s death.

Otero County Sgt. Sean Jett told the Journal that Diaz-Austin is still employed by the sheriff’s office. Without identifying Diaz-Austin, Jett said the deputy who killed Hadley is still on paid administrative leave.

The Journal published only a portion of the dash camera video but not the lapel camera as it is too graphic for public viewing.

In Diaz-Austin’s dash and lapel camera video, Hadley is holding his shirt draped over one hand and waves at the deputy with the other. Diaz-Austin tells Hadley, "Stop right there bro,” as Hadley approaches and the deputy reverses to put distance between them.

“You all right?” Diaz-Austin asks. “Let me see your other hand bro. Let me see your other hand, dog.”

Hadley reaches his hand under the shirt and pulls out a BB gun, holding it upside down by the end of the handle, and throws it to the side. The BB gun has almost hit the ground by the time Diaz-Austin starts shooting, firing four times.

Hadley falls over screaming in pain, yelling, “It’s just a BB gun,” as Diaz-Austin keeps his gun pointed at the teen, yelling, “Let me see your hands.” Diaz-Austin calls into dispatch and says, frantically, “Shots fired.”

Diaz-Austin retrieves a first aid kit from other side of his vehicle but doesn’t approach Hadley, telling him, “Don’t go closer to that gun. You’re going to get shot again.” Diaz-Austin keeps grabbing his first aid kit and putting it back down as Hadley lies on the ground, bleeding profusely.

At one point, Hadley tries to get up, and his arm appears to make involuntary movements. Seemingly unable to use his arms, the teen then rolls his body over a few times in the direction of the BB gun.

Diaz-Austin shoots at least 13 more times, pausing in between volleys of gunfire to reload his gun.

Hadley does not move again.

“I can’t render aid. I’m 10-4. He’s still moving and the gun is underneath him,” the deputy tells dispatch. A dispatcher asks where Hadley was shot.

Diaz-Austin replies, “In the face, in the chest, his arm, I believe in the back of the head.” Eventually, another deputy arrives, and he and Diaz-Austin approach, throwing the BB gun farther away and taking Hadley’s pulse.

Within seconds, the other deputy pulls Diaz-Austin away from the body and one of them can be heard telling dispatch, “No pulse.”

The New Mexico State Police Investigations Bureau agents worked to independently determine the series of events leading to the shooting, including collecting evidence and conducting interviews. Throughout the process, investigative findings are shared with the appropriate district attorney for review.

The New Mexico State Police acts solely as a factfinder in officer involved shootings and does not determine whether an officer’s actions were justified. That decision rests with the district attorney’s office. This incident is now in the hands of the 2nd Judicial District Attorney’s Office.