Las Cruces City Council discusses police reforms after $6.5M death payout

LAS CRUCES, New Mexico -- As part of the $6.5 million civil court settlement for the death of a man using a controversial vascular neck restraint, the Las Cruces City Council on Monday discussed adoption of a series of policies to reform the police department.

In February of this year, former Las Cruces police officer Christopher Smelser used a vascular neck restraint on 40-year-old Antonio Valenzuela, who authorities said was running from law enforcement after a traffic stop.

"I'm going to f***ing choke you out, bro," were then-Officer Smelser's words before using the deadly neck restraint, according to body camera video obtained by ABC-7.

In October, a Las Cruces judge ruled Smelser will stand trial for second-degree murder in connection with Valenzuela's death.

“Officer Smelser used a technique that was sanctioned by the (police) department," contends Amy Orlando, Smelser's attorney. "He was trained in the technique."

As part of the $6.5 million settlement, the city has agreed to adopt numerous policies, including:

• Banning all forms of chokeholds
• Requiring officers to intervene if they witness an "unconstitutional use of force" by another officer
• Bi-annual de-escalation training for every officer
• Bi-annual training in empathy and racial bias for every officer
• Requiring all uses of force to be reported, investigated and stored under the length of time required by the New Mexico Retention of Records Act
• A red flag warning system to track use of force
• Requiring the Las Cruces Police Department to report all uses of force to the Las Cruces City Council every six month
• Requiring officers to have a mental health exam on an annual basis with a licensed psychiatrist

On Monday, an attorney for the city insisted many policies are already in place. Interim Police Chief Miguel Dominguez said the vascular neck restraint is not a chokehold. The VNR was banned by the department in March.

"We never authorized chokeholds," Chief Dominugez said.

The attorney also said requiring officers to have a mental health exam could need union approval.

"You can't just make a requirement to adopt mental health tests without going through the collective bargaining," said the attorney, Damian Martinez.

District four Councilwoman Johana Bencomo questioned whether any changes had been made.

 "What I'm hearing from the presentation is that we're good," Bencomo said. "The problem with that is that's not what I hear as a city councilor."

Bencomo and Mayor Ken Miyagishima disagreed with the time and place to discuss the policies.

"This is a conversation that should be had with the community," Bencomo said.

"I'm not saying this is behind closed doors," Mayor Miyagishima said. "On one hand, you represent your constituents. On the other, we hope that you protect the city resources as well."

"This is both about protecting city resources and protecting city residents," Bencomo said.

You can watch the entire council meeting, including the discussion of these reforms, in the video player at the top of this article.