By Carlos Andres López
Las Cruces Sun-News
LAS CRUCES, N.M. — A recently obtained incident report from New Mexico State Police suggests that Doña Ana County prosecutors declined to file criminal charges against a county jail officer captured on surveillance video throwing an inmate to the ground in November, causing the man to lose consciousness. However, an official from the 3rd Judicial District Attorney’s Office said the incident remains under investigation and charges may be pending.
The Sun-News obtained video of the Nov. 27, 2015, incident last month through a public records request. It shows a handcuffed man facing a wall while two jail officers hold him down and conduct a search. Minutes later, the man is thrown to the floor by one of the officers.
The man hits his head on the floor and appears unconsciousness.
The detained man has been identified as Timothy Black, 30, of Las Cruces, who was arrested by Las Cruces police that night and charged with resisting or obstructing a police officer, according to a criminal complaint filed in Las Cruces Municipal Court.
An incident report from LCPD indicated that Black, armed with a knife, was “yelling, screaming, (and) being very disorderly” near the Town House Motel, 2205 W. Picacho Ave., on the night he was arrested.
The two jail officers in the video have been identified as Johnathan A. Sanchez and Luis Ruiz, according to the Jan. 12 incident report by state police. This week, the Sun-News received a copy of the report, as well as a supplemental report, also through a public records request. Ruiz is the officer who throws Black in the video, according to the incident report.
After video of the incident was brought to the attention of Christopher Barela, the jail administrator who was arrested in December by sheriff’s deputies, Ruiz was placed on administrative leave, pending an internal investigation.
Last month, county spokesman Jess Williams told the Sun-News that county officials completed their investigation and turned over their findings to state police for review.
According to the incident report, State Police officer Erika Contreras was dispatched to the detention center on Jan. 12 in reference to a “possible criminal case” involving the Nov. 27 incident.
Contreras wrote in her report that staff at the detention center was “concerned” because the surveillance video “contradicted” the two officers’ statements.
“Officer Ruiz had stated the inmate identified as Timothy Black had tried to kick him,” the report reads.
However, Contreras wrote that she could not verify Ruiz’s claim after reviewing the surveillance video. “It is this investigators (sic) opinion that it could not be seen on the video that the inmate tried to kick Officer Ruiz,” she wrote.
In the video, Ruiz, who is being assisted by Sanchez, can be seen bending down and pulling on Black’s right foot, while Black is seen pulling his leg forward.
“Officer Ruiz then grabs the inmate from the back and throws him on the ground,” Contreras wrote in the report.
According to Contreras, Sanchez said “he felt a ‘nudge’ or pull” before Ruiz threw Black to the ground.
The incident report states that when Black hit the floor, he stopped moving and appeared to be unconscious. But Ruiz and Sanchez continued to search Black.
Several minutes pass before Black regains consciousness. As a precaution, he was transported to a Las Cruces hospital but was sent back to the jail after evaluation. He was released shortly thereafter.
The incident report later states that a copy of the report was forwarded to the District Attorney’s Office for review.
Since last week, however, a spokesman said the office did not have the incident report or the Jan. 26 supplement report by Contreras.
In the supplemental report, Contreras said she presented her case file to Deputy District Attorney Cynthia Clark on Jan. 19.
“Ms. Clark reviewed the case file as well as the video showing the alleged crime,” the report says. “After the presentation and questions were asked and answered, Ms. Clark declined to proceed with any charges against the detention center officers involved.”
But on Wednesday, Patrick Hayes, spokesman for the District Attorney’s Office, said: “The 3rd Judicial District Attorney’s Office has not declined prosecution and the matter remains under investigation.”
Haynes confirmed State Police met with Clark on Jan. 19, but he could not comment on what was discussed. He did say the office, including Clark, is still reviewing the matter.
It remains unclear if the matter is still be being investigated. Hayes said the District Attorney’s Office isn’t conducting its own investigation, but is cooperating with State Police.
Both of Contreras’ reports indicate that the case is closed from the State Police side. And Sgt. Elizabeth Armiijo, a spokeswoman for State Police, said on Jan. 26 that the “case is closed on our part.”’
Armijo did not immediately respond for comments late Wednesday evening.
On Wednesday, Williams, the county spokesman, said the county’s Human Resources Department is in the process of “beginning the paperwork to bring Officer Ruiz back to active status.” Sanchez was not placed on administrative leave, Williams said.
He said the county used contracted investigators to review the incident, and turned over their investigation to State Police “to determine whether criminal charges are merited,” he said.
“In this case, neither the NMSP (New Mexico State Police) nor the DA saw anything prosecutable,” Williams said.
Meanwhile, Black is scheduled to stand trial Feb. 9 in Las Cruces Municipal Court before Presiding Municipal Judge Kieran F. Ryan. He was originally scheduled for trial on Jan. 19.
Copyright 2016 the Las Cruces Sun-News