2nd day of Smelser’s murder trial leaves one officer in tears

LAS CRUCES, New Mexico -- The trial continues for a former Las Cruces officer accused of killing a man with a choke hold restraint.

Christopher Smelser is being tried for second-degree murder in the February 2020 death of Antonio Valenzuela.

The trial resumed at 8:30 Tuesday morning at the Third Judicial District Court in Las Cruces. Officer Andrew Tuton was the first to take the stand. He, along with Christopher Smelser, was among the first responding officers on the night of February 29.

While on the stand, Officer Tuton became emotional.

Body camera footage played in the courtroom as officer Tuton detailed his efforts to restrain Valenzuela when he started to run away after a traffic stop.

Tuton said he felt Valenzuela resist, and at one point, he saw Valenzuela's right arm tucked to his side, unsure where it was going.

"There was a point, sir, when we went to the ground, and I felt his right hand move. When I was holding his right arm... I felt him reach, and I yelled out twice... I know this didn't happen, but I was certain I was gonna get shot. I knew at that moment I was gonna get shot,” said officer Tuton.

Officer Tuton was asked about training practices he learned in the academy. The primary training in question is a vascular neck restraint. The VNR is the maneuver prosecutors say led to Valenzuela's death.

Body camera footage from officer Guadarrama was shown to the courtroom showing Smelser kneeling.

Smelser's attorney asked officer Tuton if the VNR technique done by Officer Smelser was taught during their training.

"The maneuver that you used, verbal command, body slams, body strikes, tasers, and then ultimately Christopher Smelser using the VNR, are those all Las Cruces police department sanctioned techniques?" said attorney Amy Orlando.

"Yes, ma'am," said officer Tuton.

"And you're trained on them all at the Las Cruces police department," said Orlando.

"Yes, ma’am," said officer Tuton

The medical examiner was then called to the stand. She said Valenzuela died by asphyxiation.

She noted abrasions to Valenzuela's neck. When asked about their severity, she said the absence of severe injury did not mean there wasn't compression to the neck externally.

She also noted that there was methamphetamine in Valenzuela's system at the time of death that could have interfered with the outcome.

She was asked by both the defense and the prosecutors if Valenzuela would have died from the methamphetamine had Smelser not used vascular neck restraint.

"So basically, the question is similar to what the defense asked where it wasn't methamphetamine only. Essentially, or in absence of that - and I can not say," said Dr. Lauren Dvorsca, a forensic pathologist.