New Mexico cop is facing second-degree murder after bodycam video shows fatal shooting of a grandmother in her car as authorities say he can’t claim ‘self-defense’

Las Cruces police officer Felipe Hernandez, 45, has been charged with murder in the October 3 death of Teresa Gomez, 45

Hernandez stopped Gomez at 5 am on Oct 3, accusing her of trespassing at the apt. complex, which she consistently denied

After stepping out of her car she later got back in and attempted to drive off before the cop fired three shots at the vehicle, killing the driver

Announcing the charges DA Gerald Byers said “There was no self-defense. There was no necessity for [Hernandez], to use deadly force”

Hernandez turned himself in Tuesday and was charged with second-degree murder Gomez

Victim’s family has also filed a federal wrongful-death lawsuit against the city and police alleging excessive force and violation of her civil rights

Officer Felipe Hernandez [photo], of the Las Cruces, New Mexico Police Dept. has been charged with murder in the death of motorist Teresa Gomez after he shot her during a traffic stop on Oct. 3, 2023

“There was no necessity for him to use deadly force.”
Those were the words of Doña Ana County District Attorney Gerald Byers said of the New Mexico police officer charged with murder after fatally shooting a motorist attempting to flee after his ‘aggressive, confrontational approach’ during a traffic stop.
Felipe Hernandez, an officer with the Las Cruces Police Dept. in New Mexico, is charged with murder after shocking bodycam video showed him fatally shooting Teresa Gomez, a 45-year-old grandmother while she drove away from him during a traffic stop.
Hernandez, also 45, turned himself in Tuesday and was charged with second-degree murder with a firearm enhancement in the Oct. 3 death of Gomez, KFOX reports.
Previously released bodycam footage showed him firing at least three rounds after warning Gomez he would “really make her life a living hell.”
Announcing the indictment District Attorney Byers said of the officer who was never in the “zone of danger.”
“We looked at self-defense. There was no self-defense.”

This still from police bodycam footage shows Teresa Gomez, [photo], responding to the aggressive interview by LCPD officer Felipe Hernandez during the traffic stop on Oct. 3. He’d warned her that the he would “really make her life a living hell”, moments before her shot and killed her when she tried to flee the scene

The victim’s family has also filed a federal wrongful-death lawsuit against the city and police alleging excessive force and violation of her civil rights.
Las Cruces police officer Felipe Hernandez shouted dozens of profanity-laden commands as he threatened to arrest Teresa Gomez, a 45-year-old woman sitting in her car on Oct. 3.
Hernandez stopped Gomez about 5 a.m. as she was driving through an apt complex with a passenger, Jesus Garcia, 38, whom he then recognized as a frequent trespasser, according to said.
The roughly nine-minute-long video showed the eight-year veteran shining his flashlight into the vehicle and noticing that the passenger had a paintball gun.
Hernandez questions Gomez, saying he believes she was trespassing — which she denies several times – and asking her to get out of her car.

She refuses to step out and tells him, “Don’t touch me,” as he reaches for her arm, but eventually complies after Hernandez threatens to shoot her with a Taser.
Gomez tells him she had been at a public housing complex after hours visiting a friend called Butterfly, but he again tells her she was trespassing.
At one point, he recognizes the passenger as Garcia.

The bodycam footage shows that officer Hernandez was seen firing off at least three rounds at Teresa Gomez, during the confrontation

“Jesus Garcia,” Hernandez exclaims. “Holy f–k, you’re back on the f—ing property!”
The officer then tells Gomez that Garcia has a warrant for his arrest and is not allowed to be on the property. The exchange becomes heated as he uses profanity and threatens to tow the vehicle.
“You don’t listen,” he tells Gomez after she questions why he needs her name. “Because I’m doing a f—ing investigation. You’re just like Jesus Garcia. You want to argue all the time.”
He tells her that she needs to cooperate or he will “really, really make her life a living hell,” the video shows.

Doña Ana County District Attorney Gerald Byers said there was no justification for the deadly physical force

As he writes down her information, he allows Gomez to get back into the car, but she immediately tries to drive off with the door open and he fires off at least three rounds, yelling, “Stop! Stop!”
Gomez can be heard screaming as the car stops a few feet away. 
Garcia, who was later arrested on multiple warrants, had pending felony drug and burglary charges, according to the Las Cruces Sun-News.
Hernandez had been on administrative leave as of Oct. 17 before his arrest on the murder charge. The Las Cruces Police Department had not publicly identified him previously.

Hernandez was charged with second-degree murder with a firearm enhancement. Las Cruces Police Department

“From the very beginning of Mr. Hernandez’s interaction with Ms. Gomez, the ability to manage protocol is non-existent,” said Byers, the district attorney. “His interactions with her, just on a human level, was exceptionally subpar and did not meet the standards that LCPD demands of its officers.”
He noted that Gomez could be seen backing up her car toward Hernandez, but said the cop was not in the “zone of danger” when he opened fire, KOB reported.
“Teresa Gomez was not a fleeing felon because she did not present a danger to Officer Hernandez or anyone else,” Byers said.

Officer Hernandez accused Gomez [photo], and her passenger of trespassing, then shouted commands laced with the F-word at her, threatened to arrest her, “tase” her and make her life “a living hell” if she didn’t comply with his ‘unwarranted’ investigation

Hernandez had been involved in previous use-of-force incidents but had never killed anyone until the deadly encounter, according to the Las Cruces Sun-News.
Teresa Gomez was buried on Oct. 16. Her family has filed a federal wrongful-death lawsuit against the city and police alleging excessive force and violation of her civil rights.
Speaking through their attorney, Shannon Kennedy, the family said “The Las Cruces Police Department’s lack of internal oversight and supervision has allowed a culture of aggression to develop, promoting an acceptance of unlawful use of deadly force contributing to the preventable death of Teresa Gomez,” Kennedy told CNN.
Las Cruces Interim Police Chief Jeremy Story told the outlet in November that it “is certainly a matter of concern when there are controversial officer-involved shootings.
“We take a critical look at training, policy, and equipment after all critical incidents and look for areas of concern that need to be addressed. Any response must be based on objective measures and cannot influence the criminal investigation,” he said.
Gomez’s family has struggled to make sense of her death.
“If you’ve seen the video, the beginning – with just how the officer was talking to my mom … for any son, daughter, mother, father, like, it’s hard to see someone, a grown man, talk to your mom like that,” her eldest son, Johny Gomez, told CNN.
“We didn’t understand at what point it went wrong because it didn’t seem like it could go wrong,” her sister, Angela Lozano-Gutierrez, said.
“From, like, everything that happened, it seemed like it was kind of, like, getting to the part where they were just going to let her go,” adding “And so, it was just shocking that it ended with her dying.”
The statement described Hernandez’ conduct as “an unlawful trespassing investigation.”
“Hernandez used profane language, addressed Teresa in an aggressive manner and belittled her, threatening at times violence and at times arrest,” the statement said. “As she slowly pulled her car away, Hernandez shot at her three times with no cause. Teresa Gomez had committed no crime and was a threat to no one as she slowly drove away from a verbally abusive officer.”