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The estate of a Chaparral man, Jose Guzman, filed a wrongful death lawsuit against Doña Ana County Commissioners on Tuesday, April 8, in connection with Guzman’s death last year.
Doña Ana County Sheriff’s Deputy Cory Ruiz shot Guzman after a chaotic encounter captured on Ruiz’s body camera in April 2024. The lawsuit alleges the county, which is the employer of Ruiz, violated New Mexico Civil Rights Act and the New Mexico Torts Claim Act and that Ruiz failed to follow use of force protocols and departmental policies regarding mentally ill individuals.
“It is the County's policy to not offer information or comment on pending litigation,” Doña Ana County spokesperson Ariana Parra, said.
Guzman was involved in a possible trespassing incident in late April 2024 when Ruiz stopped him and realized Guzman had an outstanding misdemeanor warrant for his arrest, according to the complaint. Ruiz tried to arrest Guzman despite knowing Guzman had limited cognitive abilities and exhibited signs of mental illness during the encounter, according to the complaint.
When Ruiz tried to arrest Guzman, Guzman fled, the complaint states. Ruiz followed Guzman, tried for a second time to arrest Guzman, tased him and a scuffle ensued during which Ruiz pepper sprayed Guzman, according to the complaint. Ruiz lost control of his taser and Guzman picked it up and pointed it a few times at or in the general direction of the officer, the complaint states. When Ruiz told Guzman to drop the taser, Guzman responded “no,” multiple times, according to the complaint. The complaint says that Ruiz shot Guzman from behind multiple times.
"This case represents a profound failure of community policing," said attorney Jason T. Wallace through a news release. "Mr. Guzman was a vulnerable individual with well-known cognitive challenges who posed no serious threat to anyone. The deputy's decision to escalate a minor misdemeanor warrant into a deadly confrontation was unnecessary and preventable."