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

LAS CRUCES, New Mexico -- A Las Cruces family is speaking out now that former police officer Christopher Smelser, connected to the death of Antonio Valenzuela, is being charged with involuntary manslaughter.

It has been four months since Valenzuela died, with then-Officer Smelser restraining him with a controversial neck restraint.

“What they did to him was wrong," said Valenzuela's sister Valerie Chavez. "They could have done things differently and used their training.”

The charges against Smelser came after medical investigators ruled Valenzuela’s death a homicide and the police department fired the officer.

“I believe that is not enough," said Chavez. "A higher charge would be better. What was done to my brother was horrible.”

Valenzuela was pulled over in a pickup truck on Feb. 29 near Alameda Boulevard and Three Crosses Avenue, when officers discovered that Valenzuela had a warrant out for his arrest for a parole violation.

Meanwhile, the attorney for Smelser says she is preparing to protect her client at a time when emotion over the George Floyd murder and anti-police sentiment is at an all time high.

“I can’t help but think because this happened in February that it took this long for them to all of a sudden decide to charge that the emotion is out there and I don’t judge the emotion. However my client also has his rights and gets to be heard in this matter," said former Doña Ana County District Attorney Amy Orlando, who is the defense lawyer representing Smelser.

Police reports described Valenzuela as combative, but officers were able to handcuff him. Minutes later they claimed to notice he was unresponsive and called for emergency medical services but Valenzuela was pronounced dead at the scene.

Smelser had been an officer with the LCPD since completing the police academy in March 2016, according to a police spokesman.