Xavier Hernandez case will go to grand jury, El Paso DA says

EL PASO, Texas (KVIA) -- The Justice4Xavier movement is heading to the Texas Capitol after meeting with the El Paso District Attorney. District Attorney James Montoya confirmed Xavier Hernandez' case will go before a grand jury.

Hernandez died on July 13, 2025, following an encounter with El Paso law enforcement. He was 30 years old.

The El Paso County Medical Examiner classified Hernandez' death as homicide by asphyxia due to chest compression during law enforcement restraint.

Police say Xavier Hernandez became uncooperative and resisted officers’ commands. A taser deployment was ineffective, and an assisting off-duty officer and a witness helped restrain him due to his combative behavior, police said.

According to police, Hernandez became unresponsive while being restrained. Officers then initiated CPR and Hernandez was transported to Del Sol Medical Center, where he was pronounced dead despite efforts to revive him.

His family raised concerns about the use of force, restraint procedures and the circumstances surrounding his death. His family and his supporters are pushing for transparency and accountability.

Justice4Xavier and the Texas League of United Latin American Citizens (LULAC) are organizing a rally at the state capitol on Oct. 18. They're calling for police reform and greater oversight.