Family of El Paso man who died after being tased by police files federal lawsuit
Update (3:35 p.m.): City of El Paso spokesperson Laura Cruz-Acosta sent ABC-7 the following statement:
"We are heartbroken by the loss of life and extend our sincere condolences to the family, friends, and all those affected.
The incident is currently under investigation. To protect the integrity of that process, the City cannot discuss details at this time. We expect the investigation to be thorough, impartial, and completed as promptly as possible.
The El Paso Police Department is committed to upholding the law and fully cooperating with all investigations, including those that examine the actions of its own officers. This matter is being reviewed through two internal investigations, as well as an independent investigation by the Texas Rangers.
Regarding the litigation, the City cannot comment on ongoing or pending litigation."
EL PASO, Texas (KVIA) -- The family of Xavier Hernandez filed a federal civil rights lawsuit Monday alleging excessive force by El Paso police officers during a July 13, 2025 encounter that ended in his death.
Attorneys for the family announced the lawsuit during a press conference, saying 30-year-old Xavier Hernandez was experiencing a mental health crisis when police responded to a highway overpass in El Paso.
As ABC-7 previously reported, Hernandez was tased and killed on I-10 East at Yarbrough on Sunday July 13, 2025. At that time, police said Hernandez became uncooperative and resisted officers' commands.
According to police, Hernandez became unresponsive while being restrained. Officers then initiated CPR and Hernandez was transported to Del Sol Medical Center, where he was pronounced dead despite efforts to revive him.
During the press conference, attorneys said Hernandez asked officers for help and requested that 911 be called. They said he held his hands up to show he was unarmed.
Robert Melendez, an attorney with the Melendez Law Firm, said Hernandez remained in a prone position while multiple officers applied body weight and pressure to his back and neck area for nearly 10 minutes after he was subdued.
The El Paso County medical examiner ruled Hernandez's death a homicide, citing oxygen deprivation caused by chest compression, Melendez said.
Speakers at the press conference said no criminal charges have been filed against the officers involved.
Samantha Singleton, policy director for the Border Network for Human Rights, said the case raises broader concerns about police responses to mental health crises in El Paso.
According to attorneys, El Paso Police Department policies at the time required officers to use de-escalation techniques, encourage communication and demonstrate empathy when responding to individuals experiencing mental health crises. They alleged those policies were not followed.
Civil rights advocates at the event said the lawsuit also alleges a broader pattern of excessive force, inadequate training and lack of accountability within the El Paso Police Department. They called for independent investigations, public release of body camera footage and reforms to limit prone restraint.
ABC-7 contacted the El Paso Police Department requesting an interview or statement regarding the lawsuit. We have not received a response at this time.
