LCPD officer not in custody on homicide charge; lawyer hasn’t seen arrest warrant

UPDATE: As of Sunday afternoon, state police Lt. Mark Soriano wrote in an email to ABC-7: "(Former LCPD Officer Christopher) Smelser is still at large. New Mexico State Police continues to look for Smelser."

Meanwhile, the attorney for Smelser told ABC-7 that she "still (has) not been given a copy of the arrest warrant or any criminal complaint to confirm the rumors. I have checked the courts and have found no record of any filing."

"When I receive proper notification that charges are filed, Officer Smelser will respond appropriately and in the same cooperative manner that he has exhibited throughout the investigation," wrote Amy Orlando of the 'Justice Legal Team' in a text message on Sunday to ABC-7.

RELATED STORY: Las Cruces family speaks out after police officer charged with manslaughter in death

ORIGINAL REPORT: LAS CRUCES, New Mexico -- More than twenty-four hours after a former Las Cruces police officer was charged with involuntary manslaughter for using a vascular neck restraint that killed a man, state police confirmed he had not yet been arrested.

"I can confirm an arrest warrant has been issued for Christopher Smelser," wrote Lt. Mark Soriano of the New Mexico State Police in an email to ABC-7 on Saturday evening.

Smelser was fired from the Las Crcues Police Department on Friday after the state's medical investigator ruled the death of 40-year-old Antonio Valenzuela a homicide.

In February, then-Officer Smelser used a controversial vascular neck restraint on Valenzuela after a foot pursuit, according to court documents. Police said officers also attempted to use a stun gun to restrain him, but it was not successful.

"Antonio's family continues to grieve," said Sam Bregman, the family's attorney. "I think the most important thing right now is for the Las Cruces Police Department and the city of Las Cruces to recognize the terrible thing that has happened to Antonio and his family."

Smelser's attorney told ABC-7 that the former officer was trained to use a vascular neck restraint. She also questions the timing of her client's arrest, given the national conversation surrounding police reform.

"I can't help but think that it's because of our the way that everybody is feeling now, so overwhelmingly sad and concerned about police officers," said Amy Orlando, a former district attorney for Doña Ana County. "But because a few really bad cops did something horrific in Minneapolis, it doesn't mean every officer is a bad officer."

"The timing is what it is," said Gerald Byers, Doña Ana County's current chief deputy district attorney. "The reality is that we have been actively investigating this since February. We've been in constant contact with the Office of the Medical Investigator."

The attorney for Valenzuela's family said the national unrest surrounding police misconduct has only exacerbated the pain of his surviving loved ones.

"This is tough," Bregman. "They're living this every moment of every day right now, because they're reminded of the national news as well as they're reminded by the loss of Antonio. So this hurts them and it hurts them every minute of the day. But we'll do our best to get justice."