Pretrial Motions Heard Today in Controversial Murder Charge Against Deputy in Elijah Hadley’s 2024 Killing

Alamogordo, NM – January 5, 2026

By 2nd Life Media Alamogordo Town News Staff

In a courtroom today at the Otero County Courthouse, District Judge Angie K. Schneider presided over a critical motion hearing in the high-profile first-degree murder case against former Otero County Sheriff’s Deputy Jacob Diaz-Austin (Case No. D-1215-CR-202500006). The proceedings addressed several pending evidentiary and procedural motions as the case heads toward a jury trial set for March 16, 2026, at 8:30 AM in Alamogordo.

Diaz-Austin, 28, is charged with willful and deliberate first-degree murder in the June 25, 2024, fatal shooting of 17-year-old Elijah Hadley, an enrolled member of the Mescalero Apache Tribe. The incident occurred during a late-night welfare check on U.S. Highway 70 near Mescalero, where Hadley was walking in the median carrying a replica pellet/BB/airsoft gun. Dashcam and bodycam footage shows Hadley dropping the item before Diaz-Austin fired multiple rounds (reports indicate 19-22 shots total), many while Hadley was on the ground. Hadley was pronounced dead at the scene, with the death ruled a homicide.

The case, prosecuted by the Bernalillo County District Attorney’s Office (led by Sam Bregman, with attorneys including Natalie Lyon, Greer Staley, and Sam Bregman) to avoid local conflicts, has seen intense pre-trial motion activity. Defense counsel Charles J. McElhinney represents Diaz-Austin.

Today’s Key Rulings as noted from court room observers - official records pending verification of findings…

Change of Venue Motion: Denied. The trial will remain in the 12th Judicial District Court in Alamogordo, consistent with a prior June 2025 denial of a prosecution-requested venue change amid concerns over local law enforcement ties.

Terminology for the Replica Weapon: Strictly limited. The court ruled that references to the item in Hadley’s possession must use neutral terms such as “pellet gun,” “pellet pistol,” or “replica firearm.” Inflammatory terms like simply “pistol” are prohibited to prevent prejudicing the jury.

Elijah Hadley’s Toxicology Report: Excluded entirely. Judge Schneider deemed the results irrelevant to the central issues of the shooting (including self-defense claims) and primarily useful for impugning the victim’s character, outweighing any probative value.

Expert Witness Designation for “Garza”: William Garza, connected to the Otero County Sheriff’s internal investigation will not qualify as an expert witness due to insufficient credentials. Garza may testify only as a lay witness, restricting opinion-based testimony on departmental or investigative findings.

Defense Strategy Insights: Proceedings indicated the defense does not intend to call expert witnesses as of this date. Defense counsel signaled that Jacob Diaz-Austin may testify in his own defense at trial.

These decisions resolve several hotly contested motions visible in recent docket filings, including disputes over toxicology admission, replica firearm references, hearsay statements, and limitations on internal investigation findings (from Otero County Sheriff’s Department and FBI).

Case Timeline & Context

• Charges filed: January 2025 (first-degree murder).

• Probable cause found and bound over for trial: March 2025.

• Venue change first proposed and denied: June 2025.

Separate civil wrongful death lawsuit filed by Hadley’s family against Otero County (ongoing in federal court).

The rulings today appear to favor limiting potentially prejudicial evidence against the defendant while keeping the trial local. Community interest remains high, with ongoing calls for accountability from Hadley’s family and supporters via platforms like JusticeForElijah.org.

We’ll continue tracking docket updates for formal orders and any immediate reactions from the parties. This case remains one of the most closely watched in southern New Mexico.

No formal orders from today’s hearing have posted to the public docket yet (common delay in updates), but they are expected soon via the New Mexico Courts Case Lookup portal (search D-1215-CR-202500006).

For a retired expert analysis of today’s pretrial motions visit the commentary at 

https://2ndlifemediaalamogordo.town.news/g/alamogordo-nm/n/356639/commentary-analysis-pretrial-rulings-case-tilt-toward-prosecution-hadle

2nd Life Media Alamogordo Town News will continue monitoring this case closely, providing updates as new docket entries, orders, or developments emerge. For the latest local news, events, and alerts, visit 2ndlifemediaalamogordo.town.news. Support independent local journalism – your voice matters in Otero County.

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