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Monday afternoon at 1 pm February 17th, 2025, the Otero County Courthouse hosted an online hearing led by Judge Angie K. Schneider, of the 12th Judicial District, at the 1100 Block of New York Avenue in Alamogordo. The purpose of the online hearing was to entertain a motion of dismissal filed by the legal firm representing Deputy Jacob Diaz-Austin.
Otero County Deputy Jacob Diaz-Austin is charged with the June 25, 2024 death of 17-year-old Elijah Hadley in a highway median near Mescalero. Hadley was holding an air-powered pellet gun when Diaz-Austin arrived at the scene and fired up to 19 gunshots, fatally injuring the teenager
Deputy Austin-Diaz was placed on paid administrative leave. Austin-Diaz will remain employed by the agency unless he is convicted, said Otero County Sheriff David Black in a prior interview.
Bernalillo County District Attorney Sam Bregman is leading the prosecution.
Today's hearing was via video phone. Judge Schneider said any future proceedings will be in person. She denied the motion to dismiss and ordered the trial to move forward.
Protest occurred in honor of the fallen teen during the time of the hearing. One outside of the Otero New Mexico Sheriff's Department offices and one at the courthouse during the telephone video hearing. Video footage of a prior protest in front of the sheriff's office can be found at
https://www.facebook.com/share/p/1YLPNcDfVH/?mibextid=wwXIfr
At the courthouse several protesters appeared and were met with 6 sheriff's deputies positioned outside the front of courthouse with additional deputies throughout the courthouse. The protesters and the deputies engaged in peaceful and respectful dialogue...
The next hearing will be in person at the Otero County Courthouse on March 16th, 2025.