Former LCPD officers seen beating man cleared of charges

Two Las Cruces Police Department officers who were seen beating a handcuffed man in a surveillance video will not go to trial after all.

Abc-7 confirmed Friday the District Attorney’s office is not pursuing the aggravated battery charges against former officer Richard Garcia and Danny Salcido.

In a video obtained by Abc-7, Ross Fynn is seen being beaten by the two officers. Flynn suffered several broken facial bones and a cracked skull. Flynn was being arrested for allegedly threatening a neighbor with a gun. He was found not guilty but he was convicted of resisting arrest and is currently on probation.

Garcia went on trial last summer and the judge declared a mistrial, Salcido has yet to face a jury. Las Cruces Police Chief Jaime Montoya tells Abc-7 District Attorney Mark D’Antonio consulted with the state Attorney General’s office and late Wednesday afternoon, a decision was made to drop the charges against both former officers.

Court documents obtained by ABC-7 state the prosecution and the Attorney General’s office came to a joint decision that because a majority of the jurors believed Garcia was not guilty the first time around, they didn’t believe the outcome would be different a second time around.

But Las Crucens ABC-7 spoke with felt much differently. “I think that makes them look horrible, they shouldn’t let him be abused like that and let the cops get off,” one resident said. “Just unacceptable, I’m really mad at that,” another resident said. ABC-7 reached out to the District Attorney’s office for comment, and was referred to the Attorney General’s office. ABC-7 was unable to reach the AG’s office for comment.

Flynn is suing the City of Las Cruces for $12,000,000,000.