Las Cruces officer charged with manslaughter for using neck restraint that led to man’s death

LAS CRUCES, New Mexico -- A Las Cruces police officer is being charged with involuntary manslaughter after he used a controversial neck restraint that led to a suspect's death back in February, prosecutors announced Friday.

The charges against Officer Christopher Smelser came after the New Mexico state medical investigator hours earlier had ruled the death of Antonio Valenzuela a homicide and the police department quickly moved fire the officer.

"Once we learned of the findings in the Medical Investigator’s report, we felt in necessary to immediately initiate termination proceedings," said LCPD Chief Patrick Gallagher, who noted that Smelser had been on leave from the department since the deadly incident happened.

Court documents showed New Mexico State Police investigators had previously determined that Smelser used a vascular neck restraint on Valenzuela, and the medical investigator has now concluded it was the cause of death.

"In arresting Valenzuela, Officer Smelser utilized a vascular neck restraint technique which resulted in the death of Mr. Valenzuela," said Dona Ana County District Attorney Mark D'Antonio in announcing the manslaughter charge, which is a fourth-degree felony.

Use of vascular neck restraint, sometimes called a chokehold, is banned by many police departments across the nation and Las Cruces stopped allowing its' use after Valenzuela's death. Most recently, the technique was banned Friday in Minneapolis following the death of George Floyd when an officer put a knee on his neck and held it there for over eight minutes.

A vascular neck restraint is a technique in which pressure is put on the carotid artery to cut off blood to the brain in an effort to render a person unconscious, Dr. Bill Smock has told the Associated Press. He is a San Diego-based surgeon who has investigated deaths associated with vascular neck restraint use by police, but has no involvement in the Las Cruces case.

According to New Mexico authorities, Las Cruces police pulled over a pickup truck on Feb. 29 near the intersection of Alameda Boulevard and Three Crosses Avenue. That's when they discovered that Valenzuela had a warrant out for his arrest for a parole violation.

When asked to get out of the truck, Valenzuela fled on foot and officers followed. During the pursuit, officers used a department issued stun gun on him before Smelser applied the neck restraint to gain control.

Valenzuela was described as combative but officers were able to handcuff him. They then claimed to notice he was unresponsive and called for emergency medical services. Valenzuela was pronounced dead at the scene.

"Words are insufficient to bring comfort to Antonio Valenzuela’s family, but I extend my sincere condolences for their loss," Chief Gallagher said in a statement Friday. "It is a tragic day for everyone involved when there is an in-custody death or a death as a result of a police apprehension."

Smelser had been an officer with the LCPD since completing the police academy in March 2019, according to a police spokesman.