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Former Las Cruces police officer Brad Lunsford was sent home Friday to remain with his family while he awaits sentencing.
Lunsford’s new lawyer, Matthew Chandler, requested a new trial shortly after Lunsford’s guilty verdict in February. A jury found Lunsford guilty in February of voluntary manslaughter with a firearm enhancement for the death of Presley Eze after an altercation in a gas station parking lot in the 2600 block of S. Valley in 2022.
Chandler is requesting a new trial because he alleges that two jurors were substituted on the last day of the trial out of order and that the action violates Lunsford’s due process rights. Chandler also filed motions regarding Eze’s toxicology report, which was excluded from trial and he asked the court to release Lunsford from prison to remain with his family while he waits for sentencing.
Lunsford had to put up a $10,000 bond and agree to certain conditions, including that he cannot leave Doña Ana County except to visit family in El Paso and that he must be working, looking for work or continuing his education while his sentencing trial is still pending.
Chandler also filed a motion regarding Juror 8, whom Chandler alleges was biased against police and failed to reveal that bias during jury selection. He has subpoenaed the juror.
New Mexico Attorney General Raúl Torrez’s office responded by filing a court document requesting a stay on proceedings and to seal court documents to protect the juror’s identity, stating in court documents that the juror has been harassed through attacks on social media.
The stay and a request to seal the records related to the case was granted.
The next hearing in this case is set for March 28.
