Judge Schneider Rules Murder Charges Against Deputy Diaz-Austin Will Go to Trial

The court filings against Otero County Deputy Sheriff Jacob Diaz-Austin, accused of killing Elijah Hadley, near the Mescalero Apache reservation, got even more odd as the Deputy's attorneys were 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. The case was presented before judge Angie Schneider in the 12th District Circuit of New Mexico in Alamogordo, Ortero County.

Under heightened security and a demand of the deputy's in person attendance at this and all future hearings, each side presented their case. The Bernalillo County District Attorney Sam Bregman and Chief Deputy District Attorney Natalie Lyon presented video, photos, and testimony of the incident

District Judge Angie Schneider ordered the case bound over for trial in 12th Judicial District Court following a preliminary hearing on Thursday.

Prosecutors in the 12th Judicial District had handed off the case to Bregman’s office to avoid a conflict of interest.

Diaz-Austin was placed on paid administrative leave. Otero County Sheriff David Black has said Diaz-Austin will remain in the agency’s employment unless he is convicted.

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