Las Cruces man's death at hands of police ruled a homicide

This story was updated at 6:10 p.m. with information from the Las Cruces Police Department.

LAS CRUCES — The Office of the Medical Examiner ruled this week that a Las Cruces man died from asphyxial injuries caused when a Las Cruces police officer held him in a vascular neck restraint.

Antonio "Tony" Valenzuela, 40, died in the early morning hours of Feb. 29 after an encounter with police at 3 Crosses and Alameda avenues.

Valenzuela, who had an open warrant for a parole violation, began running from police following a traffic stop. Police chased Valenzuela and used a Taser two to three times to no avail. Eventually, officer Christopher Smelser engaged Valenzuela and used a vascular neck restraint to gain control, as detailed in an LCPD search warrant. Valenzuela, who was declared dead at the scene, was allegedly combative with officers before he died.

The OMI ruled his death a homicide.

Following news of the autopsy report, Smelser was fired and the Third Judicial District Attorney charged him with involuntary manslaughter, a fourth-degree felony.

Employment terminated

LCPD reported it received Valenzuela's autopsy report Thursday and on Friday delivered Smelser a letter of intent to terminate his employment with the city.

Smelser, an officer with LCPD since March 2016, had been on administrative leave since Feb. 29.

“Words are insufficient to bring comfort to Antonio Valenzuela’s family, but I extend my sincere condolences for their loss,” said Las Cruces police Chief Patrick Gallagher. “It is a tragic day for everyone involved when there is an in-custody death or a death as a result of a police apprehension. Once we learned of the findings in the Medical Investigator’s report, we felt in necessary to immediate initiate termination proceedings.”

MORE:Family holds vigil for Antonio Valenzuela, who died after encounter with Las Cruces police

Autopsy findings

New Mexico State Police and the Doña Ana County Officer Involved Incident Task Force investigated Valenzuela's death.

State Police initially reported that when first responders arrived on scene, an emergency medical technician noticed Valenzuela was unresponsive. Medics attempted unsuccessfully to resuscitate him.

The autopsy found Valenzuela had petechial, or pinpoint, hemorrhaging in his eyes and eyelids, which is indicative of asphyxiation and may occur when the neck or chest is compressed. 

His neck had a deep muscle hemorrhage, his Adam's apple was crushed and his ribs were fractured. There was swelling in his brain, according to the report. 

MORE:What happened on 3 Crosses Avenue? Here's what we know.

The OMI report states methamphetamine played a role in his death.The report states the presence of meth can cause a rapid heart rate, high blood pressure and an increased demand of oxygen. The meth likely placed increased stress on his cardiovascular system, according to the report.

Neck restraints

The OMI report on Valenzuela's death was released in the wake of a similar incident in Minneapolis that has sparked worldwide protests.

George Floyd died May 25 after a Minneapolis police officer knelt on his neck for several minutes while he was handcuffed on the ground, crying that he couldn't breathe and pleading for help.

Both the Hennepin County Medical Examiner's office and an autopsy commissioned by Floyd's family have ruled that the death of Floyd was a homicide and the 46-year-old's heart stopped beating while police restrained him and compressed his neck. 

Four officers have been charged in relation to Floyd's death.

MORE:George Floyd death: Experts say knee-to-neck restraint is dangerous, but Minneapolis allows it

Minneapolis' city council is expected to approve an agreement between the city and the Minnesota Department of Human Rights that would ban the use of chokeholds by police and require that officer report and intervene when they see another officer use unauthorized force.

California Governor Gavin Newsom on Friday also called for an immediate end of training for police on carotid holds. The city of San Diego implemented a similar ban earlier this week. 

Neck restraints have long been the subject of controversy, according to a 2014 Los Angeles Times article.

Upon learning details of Smelser's actions in early March, the Sun-News could find no guidance on the use of neck restraints in LCPD's policies.

On Friday, the department informed media that it prohibited the use of vascular neck restraints in apprehensions immediately after the death of Valenzuela.

Justice for Tony

Sylvia Montoya, Valenzuela's aunt, told the Sun-News she doesn't want another family to go through what her family has gone through.  

"I don't want another person to get hurt. I don't want to see another family go through our pain and I don't want to hear of another death at the hands of an officer. It's not right," she said. 

Montoya said his family has had a difficult time processing Valenzuela's death. 

"All we want is justice," she said. 

Valenzuela had four children and is remembered by friends and family as someone who could always be depended upon. 

Bethany Freudenthal can be reached at bfreudenthal@lcsun-news.com, 575-541-5449 or @bethanyfreuden1 on Twitter.