Lawsuit filed after Chaparral man was allegedly shot by deputy

CHAPARRAL, New Mexico (KVIA) -- A spokesperson for the law firm of Huffman Wallace & Monagle says they have filed a wrongful death lawsuit against the Doña Ana Board of County Commissioners in the shooting death of Jose Guzman.

Guzman died in a shooting on April 29, 2024, that involved a Doña Ana County Sheriff deputy, the lawsuit alleges. ABC-7 received video showing the incident from a viewer right after the shooting happened. The Sheriff's Office also released body camera footage soon after the incident.

"The lawsuit, filed on behalf of Personal Representative Taylor E. Smith, alleges violations of the New Mexico Civil Rights Act and the New Mexico Tort Claims Act," the law firm's spokesperson explained this morning. "The complaint details how Mr. Guzman, a man with diminished cognitive capacity well-known in the Chaparral community, was shot multiple times by Deputy Ruiz during what began as a minor trespassing investigation."

The lawsuit alleges that the deputy, identified by the law firm as Deputy Cory Ruiz, knew Guzman from previous encounters. The lawsuit alleges that Deputy Ruiz was aware of Guzman's mental health challenges.

In 2024, officials said Guzman was suspected of stealing items from someone's yard near Luna Azul and Prescott Anthony Dr. in Chaparral. Sheriff Kim Stewart said Guzman presented potential lethal force to the deputy by grabbing and pointing the deputy's stun gun during a struggle.

"The Doña Ana County Sheriff's Office has clear policies in place for interacting with mentally ill individuals and for de-escalation, but those policies were ignored in this case," attorney Jason T. Wallace said. "Our law enforcement agencies must do better to protect our most vulnerable citizens rather than endangering them."

ABC-7 is reaching out to the Dona Ana County Sheriff's Office for comment on the lawsuit.