Former Las Cruces Police Officer’s murder trial scheduled

LAS CRUCES, New Mexico (KVIA) - Felipe Hernandez, a former Las Cruces Police Officer, is scheduled to be in court Monday, Oct. 27.
He is facing second-degree murder with a firearm enhancement charge in the shooting that killed a woman back in 2023.
Court documents show Hernandez was on bicycle patrol along the 1300 block of Burley Court in Las Cruces on Oct. 3, 2023 when he approached a car that was parked inside the public housing complex.
Hernandez reportedly approached the driver, 45-year-old Teresa Gomez who was inside the vehicle along with another passenger, Jesus Garcia.
Garcia told Hernandez he had a paintball gun in his possession, according to court records.
Hernandez told Gomez she was not supposed to be in the complex and stated he could legally detain her for driving with Garcia to that location, according to the court documents. Hernandez asked Gomez to get out of the vehicle and allegedly cursed and yelled at them threatening to use his taser if they did not comply.
Gomez eventually got out of the car and at some point went back in and tried to drive off. Body cam video shows as Hernandez fired three shots at Gomez. She was taken to an area hospital where she later died.
The Medical Examiner determined she died from a gunshot wound to the chest and ruled it a homicide.
Hernandez' trial was originally scheduled for December of 2024, but various motions and lawsuits filed by the defendant pushed the trial date back.
The Las Cruces Police Department fired Hernandez after the incident after their investigation found probable cause to charge him. In January of 2024 a criminal complaint against Hernandez was filed. He was arrested and charged with second-degree murder, a felony count.
Hernandez was fired in May of 2024 and is no longer employed by the City of Las Cruces.
In November 2024 the City of Las Cruces settled a multi-million dollar lawsuit filed by Gomez' estate.
The city council had to approve a financing option in order to pay the $20 million settlement.
Hernandez filed multiple motions, at one point a judge ordered a continuance in order to assure that two court certified interpreters were available to be in court for two members of the jury pool who are non-English speaking.
This year Hernandez filed two lawsuits against the Las Cruces Fraternal Order of Police Lodge #8 for breach of contract.
The first, filed in March, was dismissed in September. Earlier this month, Hernandez filed another lawsuit against the organization claiming he was denied access to legal defense funds because the organization claimed his member dues lapsed, according to court documents.
Hernandez claimed his dues were current. Part of the union dues members pay go into a fund for the legal defense of officers who are accused in officer involved shootings.
Hernandez' trial will be in Dona Ana County District Judge Richard Jacquez' courtroom.