Judge drops murder charges against former Las Cruces police officer

LAS CRUCES, New Mexico -- Second-degree murder charges against former Las Cruces police officer Christopher Smelser were dropped Thursday morning.

Smelser was accused of killing 40-year-old Antonio Valenzuela in 2020 while using a controversial chokehold technique.

After three days of testimony, a judge in the Third Judicial District Court dismissed the jury after he said there was not enough probable evidence.

"With the evidence presented to the court, the court is not satisfied that substantial evidence has been presented to show essential elements of intent. Therefore the court finds there is insufficient evidence and hereby grants the defendant's motion for directed verdict bring in the jury," said Judge Douglas Driggers. 

Judge Driggers ruled after the defense made a motion to dismiss the murder charges Smelser was facing. The defense argued the State could not prove that Smelser meant to cause Valenzuela intentional harm.

“In a criminal case there has to be proof of intent on behalf of Mr. Smelser to kill somebody and it just wasn’t there," said Defense Attorney Mark Pickett.

The state disagreed with the outcome.

“At this point, the options are limited. I will be meeting with the family and discussing the next steps but at this point, the appellate options seem to be limited so it's disappointing," said New Mexico Attorney General Hector Balderas.

​​Valenzuela fled on foot after two officers including Smelser discovered Valenzuela had a warrant out for an arrest.

He was shot with a taser and placed in lateral vascular neck restraint during the struggle with officers. 

During a court hearing in October of 2020, a police department trainer testified Smelser held Valenzuela for too long.

Smelser was fired and LCPD began prohibiting the use of neck restraints during apprehensions.