Court grants Lunsford new trial

District Court Judge Jim Foy granted the defense motions for a new trial in the case of State of New Mexico v. Brad Justin Lunsford Monday, Oct. 6. The court’s ruling acknowledges that serious legal and procedural errors deprived Mr. Lunsford of his constitutional right to a fair trial.

The Court found that concealed juror bias and improper juror substition warranted setting aside the verdict and granting a new trial in the interests of justice.

“From day one, our goal has been to ensure that Officer Lunsford received a fair and impartial trial, as guaranteed by the Constitution,” said Matt Chandler, counsel for Mr. Lunsford. “Today’s ruling reaffirms that justice must be built on truth, transparency, and the rule of law.”

Mr. Lunsford, a Las Cruces Police Officer, was charged with voluntary manslaughter following an on-duty incident in 2022 in which he acted in a rapidly evolving, dangerous and life-threatening situation. He has maintained his innocence and his belief that his actions were justified under the law and in defense of himself and his fellow officer.

The incident that led to the initial trial was in August 2022, when Lunsford shot and killed Presley Eze, who was accused of stealing a beer at a gas station in Las Cruces. Video footage showed Eze on top of one of the officers, attempting to grab a taser before being shot in the head.

The defense will continue to prepare for a new trial to ensure that all evidence, including testimony supporting Officer Lunsford’s decision-making under extreme circumstances, is fully presented to a fair and impartial jury.

“We are grateful to the Court for its careful review of the record and findings that follow the law.” Chandler added. “We remain confident that a fair trial will lead to Officer Lunsford’s full and complete exoneration.”

No date has yet been set for the new trial.