Alamogordo NM
1-13-2025 6:53pm

A Step Closer to Justice for Elijah Hadley: First Degree Murder Charges Filed Against Otero County Deputy

The Bernalillo County District Attorney’s Office has submitted first-degree murder charges against Otero County Sheriff’s Deputy Jacob Diaz in the death last summer of 17-year-old Elijah Hadley, the office confirmed on Monday, Jan. 13, 2025.

AlamogordoTownNews.org and KALHRadio.org, as well a press organizations around the state have kept the story of the families quest for "Justice for Elijah Hadley," alive with continued coverage  since the fatal incident. 

The charges are being submitted after a “thorough review of the evidence,” the Bernalillo County DA’s Office said.

Family members and the public were growing impatient with the process with multiple rallies, memorials and protests hosted In Mescalero, downtown Alamogordo and at the Otero County Sheriff's office since the inital incident.  During the Governors Town Hall on crime hosted in Alamogordo last week, audience members came equipped with signs as a reminder of "Justice for Elijah" with several speakers mentioning a concern that the teen death would be brushed aside. Governor Lujan Grisham suggested she was reviewing the matter and that justice would prevail. 

The incident sparking the murder of Elijah Hadley was him walking with an air soft gun along US Highway 70 near mile marker 240 on June 25, 2024. Otero County Sheriff's Deputy Diaz responded to a call for a welfare check on Hadley. Prosecutors say Diaz opened fire and killed Hadley. Multiple media sources reports on the incident.

A video was released via an information request to KOAT raising more questions. The news report showed that on June 25, 2024 after 11 p.m., an Otero County sheriff's deputy responded to a welfare check on 17-year-old Elijah Hadley.

The deputy can be heard trying to ask Hadley what he is doing on Highway 70. As Hadley approaches the deputy, he is asked to show his hands. At that moment, the 17-year-old threw to the side what looked to be a gun, later found to be an airsoft pistol.

Video shows Elijiah Hadley releasing BB Gun prior to being shot in Otero County by Deputies

The deputy then shot Hadley four times. Hadley collapses to the ground. Deputy Diaz then informed OCSO he's unharmed and shots were fired.

As the deputy waites for backup, he can be heard telling Hadley not to move in the video released by KOAT News.

The 17-year-old had been on the ground for more than three minutes; until shots are fired again as witnessed in the video released. Hadley was then shot more than 15 times he lay on the ground injured.

Five minutes passed and the deputy can be heard breathing heavily, still waiting for deputies to arrive.

When another Otero County deputies arrive by 11:23 p.m. to offer aid it was too late for the teen. Another deputy checked Hadley's body for a pulse to find none as per the video release.

Initial police reports suggested that Hadley had allegedly pointed an airsoft gun at the deputy when he was shot and killed.  This has since been proven false.

“Bernalillo County District Attorney Sam Bregman and Chief Deputy District Attorney Natalie Lyon spoke to the Hadley family this afternoon and informed them of the decision to charge Deputy Diaz. District Attorney Bregman and Chief Deputy Lyon will be prosecuting this case,” read a short statement issued by the DA's office. 

Last July, prosecutors with the 12th Judicial District in Alamogordo “conflicted out this case” and asked the Bernalillo County DA’s Office to accept it and determine whether prosecution was appropriate, according to the Bernalillo County DA’s Office.

The family of Elijah Hadley issued the following statement:

“The family of 17-year-old Elijah Hadley hopes the District Attorney’s decision to charge Otero County Sheriff’s Deputy Jacob Diaz-Austin with First Degree Murder is a step towards justice. Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good person. The deputy shot Elijah 20 times — at least 15 of those shots came as he laid on the ground, bleeding, unarmed, and screaming in pain. We demand accountability, and we will not stop until justice is done.”

Sheriff Black has been criticized for failure to speak up concerning the incident to the public outcry and has been viewed by many as lacking compassion toward the family. This incident iS seen as a black eye in the view of many. Sheriff Black, was seen prior to this incident, as cleaning up past corruption and a tarnished reputation of the Otero County Sheriff's Office. Some members of the public had called for the termination of Deputy Diaz and the resignation of Sheriff Black at County Commission Meetings and other public events such as the Heritage Festival this past summer. A change.com petition was also passed around demanding the resignation of Sheriff Black over the handling of the Elijah Hadley incident with over 1700 signatures.

As of press time there is no statement from Sheriff Black nor the Otero County Sheriff's Department concerning the announcement of pending first degree murder charges against Diaz. Prior to the announcement Deputy Diaz was on active duty, his present status has not been confirmed since the announcement by the Bernalillo County DA’s Office.

AlamogordoTownNews.org and KALHRadio.org's Anthony Lucero has reached out to the Sheriff's office for statement in follow up. 

The details of a First Degree murder charge against Deputy Diaz means he faces a capital felony that involves the killing of another person without justification or excuse. In New Mexico, the most serious type of homicide is first-degree murder. It's defined as the killing of another human being through a willful, deliberate, and premeditated act. 

The penalty for first-degree murder is life in prison without parole, or life in prison with the possibility of parole after 30 years.

This is an evolving case and as more details come forward AlamogordoTownNews.org will be on the scene to report them. Stay tuned. 

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