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No charges to be filed in Holly Street killing

Posted

Police confirmed on Oct. 22 there will be no charges filed following a shooting that took the life of a 33-year-old man on Oct. 2 along the 800 block of Holly Street.

Jonathon Garcia was shot and killed when he broke into the trailer home of a woman who had been granted a restraining order against him, according to a police report released to the Las Cruces Bulletin on Oct 22.

The report said that Garcia showed up to the home in the evening as the woman was watching television with her son. Garcia, the police report said, began kicking the trailer door in. When he got inside, she shot him at least once in the chest. Garcia was taken the hospital where he later died.

The police report noted that the woman had received a restraining order against Garcia following an incident in September. Nothing in the report obtained by the Bulletin indicated that Garcia was armed with a weapon during the altercation.

Las Cruces Police Department spokesperson Carlos Carrillo said police and the district attorney determined on Oct. 15 that the killing was considered a justifiable homicide and that no charges would be pressed.

3rd Judicial District Attorney spokesperson Roxanne Garcia-McElmell said the office could not comment on the matter, saying, “we do not have a case for this particular incident in our office.”

Garcia-McElmell did note that the September criminal case against Garcia had been dismissed because Garcia had died.

Jonathon Garcia, killed, no charges

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