Daubert Motions Deferred, Trial Delayed to August in Zoom Pretrial for Deputy Charged in Elijah Hadley’s Death

The pretrial hearing in the first-degree murder case against former Otero County Sheriff’s Deputy Jacob Diaz-Austin (Case No. D-1215-CR-202500006) occurred yesterday, January 16, 2026, at 4:00 PM via Zoom in the 12th Judicial District Court in Alamogordo, New Mexico. District Judge Angie K. Schneider presided over the lightly attended virtual session.

The judge referenced a prior ruling on decorum and press access, noting that representatives from KALH Radio and Alamogordo Town News (2nd Life Media) were signed in. She reminded the press observers that no recording of the proceedings is permitted without prior court approval. As this was a pretrial conference, no recordings were conducted nor considered by 2nd Life Media. Our roll was strictly to observe court actions.

The hearing was initially requested for a variety of actions and for a further half-day setting to address the defendant’s Daubert motions seeking to exclude expert testimony from prosecution witnesses Dr. Scott Mourtgos and Dr. Michael White. These motions question the admissibility of expert evidence based on standards of reliability and relevance, typically pertinent to use-of-force assessments or related analyses in this officer-involved shooting.

The Daubert motions were not addressed in detail during the January 16 proceeding. Judge Schneider determined that a fuller examination is required, given the complexity, recent filings, and the addition of more expert names to the review from both sides. Another pretrial hearing will be scheduled at a date to be determined (TBD) to delve deeper into many of the pending motions and the responses that have just arrived before the judge. This follow-up session will also function as the Daubert hearing and is anticipated to take substantially longer than the originally proposed half-day—likely 1 to 2 full days.

Defendant Jacob Diaz-Austin appeared remotely from his attorney’s office and was reminded by the court of the conditions of his release, under which he is not in custody pending trial.

The biggest news of this technical session was that the jury trial, previously scheduled for March 16, 2026, has been postponed beyond the initial 90-day speedy trial timeframe due to judicial docket conflicts, including other upcoming murder trials. The new trial dates are August 17 through August 24, 2026, in Alamogordo.

Recent docket activity included:

• Defense Daubert motions targeting Drs. Mourtgos and White (January 15).

• State’s first motion in limine (January 15).

• State’s preliminary motion to exclude defense experts Greeley Bartel and Held, along with requests for timeline extensions and a Daubert hearing (January 15).

• Defense oppositions to state motions excluding newly disclosed witnesses and to proposed special juror questionnaire questions (January 14).

• State’s motion to exclude defense expert William Garza, with Daubert request (January 12).

• State witness list addendums on Daubert and rebuttal experts.

• Unopposed defense motion for a subpoena to federal employee Hal Alton.

• Defense response to the state’s motion to continue the trial and extend rebuttal expert deadlines.

The case originates from the June 25, 2024, fatal shooting of 17-year-old Elijah Hadley, a Mescalero Apache Tribe member, during a welfare check response near U.S. Highway 70. Diaz-Austin faces charges of willful and deliberate first-degree murder after firing multiple rounds at Hadley, who was holding and then dropped a pellet/airsoft gun. Earlier pretrial decisions (such as those from the January 5, 2026, hearing) have generally favored the prosecution, including exclusions of Hadley’s toxicology report and restrictions on prejudicial descriptions of the replica firearm.

Prosecution is handled by Bernalillo County District Attorney Sam Bregman’s office due to conflicts in the 12th Judicial District. Defense attorney Charles J. McElhinney represents Diaz-Austin, who remains on paid administrative leave from the Otero County Sheriff’s Office unless convicted. The defense has previously indicated that Diaz-Austin may testify at trial.

For the latest docket updates, including any orders from the January 16 hearing or scheduling of the next pretrial/Daubert session, refer to the New Mexico Courts Case Lookup portal (case number D-1215-CR-202500006). Local coverage may provide further details as they emerge.

Citations:

• New Mexico Courts Case Lookup / Register of Actions (docket entries for January 2026 filings, January 16 hearing scheduling, and related motions).

• 2nd Life Media Alamogordo Town News: Coverage of prior pretrial proceedings, including January 5, 2026, evidentiary rulings and ongoing developments (articles dated January 5-6, 2026).

• General case timeline references from local reporting on site reporting (e.g., prior trial date mentions before postponement).

More News from Alamogordo

• Expert Analysis: Political Repercussions of the Elijah Hadley Murder Trial Delay in the 2026 Otero County Sheriff Republican Primary and General Election Trual delay may favor incumbent selection
• Commentary & Analysis: Otero County Deputy Diaz- Austin Pretrial Rulling and Thoughts By Expert on Jan 16th Pretrial Conference Expert analysis of Jan 16th pretrial hearing in Austin Diaz Austin case.