District attorney’s office clears police officer who shot bicyclist
The actions of the Las Cruces police officer who shot a bicyclist on Chaparro Street were justified, the Third Judicial District Attorney’s Office announced Wednesday.
The April 27, 2018 shooting wounded 29-year-old bicyclist Myron Oveide. Police said Oveide refused to obey the orders of Las Cruces police officer Marvin Kelley. Kelley witnessed Oveide commit a traffic violation related to a lack of lamps and equipment on a bicycle, police said.
“After extensive review of this case, we have concluded the shooting by Sergeant Joshua Savage was justified under New Mexico law,” said District Attorney Mark D’Antonio stated.
Oveide allegedly led Kelley on a slow-speed pursuit south toward Gardner Avenue. During the pursuit, Kelley repeatedly ordered Oveide to stop, but those commands were ignored, police said.
Kelley activated his emergency equipment and had to change direction multiple times to keep pace with Oveide. On Gardner Avenue, Kelley got out of his patrol unit and ran after Oveide, who remained on his bike and allegedly continued ignoring commands to stop.
At that point, a second LCPD officer, Sergeant Joshua Savage, responded to the pursuit. Savage engaged Oveide near the intersection of Gardner and Chaparro.
Police said body camera footage shows Oveide holding a handgun in one image and Kelley trying to remove the handgun from Oveide’s grasp in another image.
Savage fired four rounds that struck Oveide, police said. The 11-year-veteran of the LCPD told investigators he was in fear of either Kelley or himself being shot by Oveide. The police officers later learned the handgun Oveide drew was a BB gun that resembles a full-size SIG Sauer 1911 handgun.
Oveide was transported to Mountainview Regional Medical Center, but has since been released. He is charged with aggravated assault upon a peace officer and resisting, evading or obstructing an officer.
Lapel camera video of the incident will not be released at this time since Oveide’s case is pending prosecution, police said. Kelley and Savage were not physically injured during the incident.
