Retired police academy instructor suggests improper technique was used in testimony on 3rd day of murder trial
LAS CRUCES, New Mexico --- The use of a controversial choke hold technique took center stage on day three of the murder trial of former Las Cruces police officer Christopher Smelser.
He's charged with murder in the 2020 death of Antonio Valenzuela. Court documents state Smelser was using a vascular neck restraint, or VNR, just moments before Valenzuela's death.
During trial today, an investigation video was played from the initial questioning of Smelser. Training officers were also brought to the stand to demonstrate the proper use of vascular neck restraint.
Former Las Cruces police instructor and director Shane Brisco was called to the stand.
He explained that a vascular neck restraint can become harmful if used wrong. He said a proper VNR technique would not cut off the air supply. He says a vascular neck restraint seeks to cut off blood flow from both sides of the neck rendering a combative suspect unconscious.
He was asked to demonstrate the proper technique for VNR, showing proper standing position, chin alignment, and arm position. Demonstrating the elbow should rest right where the chin is. Leaving a gap between the front of the throat.
Prosecutors asked Brisco if the use of VNR was reasonable in this situation.
I don't believe it was reasonable," said Brisco. "The evidence demonstrates that it was held longer than he should've".
Brisco was asked by prosecutors how long was too long.
"That's a great question, seconds too long," said Brisco.
Brisco says a proper VNR could not be held for an extensive amount of time.
"From the time that you decide you're going to use that technique and you have position, the window is 40 seconds," said Brisco.
The prosecutor asked what happens if they exceed 40 seconds.
"They run the risk of the person won't come out of unconsciousness," said Brisco “The person won't recover."
Tomorrow, the defense is set to file a motion to dismiss the murder charge. The state will argue against it. If the motion is denied, witnesses will be called to the stand again.
