Deputy Jacob Diaz-Austin Seeks Dismissal, Sheriff Black Keeping Deputy on Payroll

The court filings against Otero County Deputy Sheriff Jacob Diaz-Austin, accused of killing Elijah Hadley, near the Mescalero Apache reservation, gets even more odd as the Deputy's attorneys are seeking that the case pending against him for murder be dismissed. A motion to dismiss was filed on January 27th, 2025 by Deputy Diaz-Austin's legal counsel. 

Deputy Diaz-Austin, is still employed by the Otero County Sheriff's Department.
Bernalillo County District Attorney Sam Bregman made a surprising decision and announcement of charges against Deputy Diaz-Austin for the June 25 death of 17-year-old Elijah Hadley in a highway median near Mescalero. Austin-Diaz was placed on paid administrative leave. Deputy Austin-Diaz however, "will remain employed by the agency unless he is convicted," said Otero County Sheriff David Black in a phone interview with the Albuquerque Journal on Monday per their reporting. "Until then, his employment will not change," he said.

He waived his right to a first appearance Monday in the 12th Judicial District Court located in 12th District, Division 5, before Judge John P. Sugg.

Charles McElhinney, filed a motion Monday seeking dismissal arguing that prosecutors filed a criminal information “completely devoid of identification of any witnesses” as required by state law.

Even more bizarre to the case is the courts ordered an order of decorum before the courts on January 23rd, 2023...

A court order of decorum is a set of rules that govern how people behave in a courtroom. The rules are intended to maintain a calm and serious atmosphere. It is traditionally understood the rules of decorum in a courtroom but given the heightened scrutiny and sensitivity of this particular case by the community and the law enforcement community the judiciary opted to reinforce the rules of decorum via a court order.  Disobeying a court order of decorum could result in contempt of court charge.

Many in the public deem the officers video as being the evidence to convict Deputy Diaz-Austin. The video from the scene showed Hadley stopping and lifting his hand to cover his eyes as the deputy asked if he’s alright.

Diaz-Austin: What are you doing? Let me see your other hand bro, let me see your other hand dog.

Hadley tossed a gun to the side as the deputy fired four times, hitting Hadley. It was later determined that the weapon was a BB gun.

Katie Rose, the sister of the victim, Elijah Hadley responded to the filing for dismissal via a social media post stating...

"So where’s the witness to this case?!?! Deceased as well as my brother. Dash cam footage was used to prosecute this man !!
SAME NEEDS TO BE DONE FOR ELIJAH HADLEY
PEOPLE LIVE NEARBY TO WHERE THAT HAPPENED TO MY BROTHER
#justiceforelijahhadley #JusticeForEli #forever17 #LLEH🩵"

The link She refers to is below...

https://www.justice.gov/usao-nm/pr/south-carolina-man-pleads-guilty-federal-charges-connection-murder-new-mexico-state

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