Mistrial in the case of former LCPD officer recorded beating handcuffed man
The jury deliberating the fate of a former Las Cruces Police officer seen on video beating a handcuffed detainee was not able to reach a decision, resulting in a mistrial.
The jury began deliberations Thursday night and deliberated for about seven hours Friday.
“Obviously, we’re disappointed. Obviously, that’s a heavy signal. Iwould hope that’s a clear message to the state it should not trythis case again. It was not close,” Jess Lilly, the defense attorney, said.
Richard Garcia faces one count of Aggravated Battery Resulting in Great Bodily Harm. If convicted, he faces up to three years behind bars.
“I think right now we’re leaning towards re-trying the case. Obviously, because it’s going to be pending litigation, I can’t discuss the evidence and outcome today,” said Nick Gilbert, the Assistant Attorney General.
Garcia testified in his own defense Thursday.
Garcia said the detainee in the video, Ross Flynn, was calm at times and loud at other times throughout the night. He described Flynn’s behavior as “up and down”.
Garcia said while Flynn was in a holding cell, he kicked the cell door. Garcia said he told Flynn he was going to chain him to the bench.
Garcia said Flynn told him, “to go (expletive) do it.” He said Flynn was not day dreaming and caught off guard when the officers entered, like Flynn claims.
Under cross examination, Garcia admitted that in a written report after the incident, he said he felt Flynn challenged him.
Once in the cell, Garcia said he delivered four knee strikes to Flynn because Flynn’s hands were close to Officer Danny Salcido’s belt. He said he was afraid Flynn would grab one of his weapons and he was attempting to distract him.
Both officers were fired after the surveillance video surfaced.
Jurors began deliberating Thursday evening. Deliberation will resume Friday morning.
Salcido also faces one count of aggravated battery. His trial is set to begin in three weeks.
Flynn is suing the Las Cruces Police Department.
