DASO releases body cam footage of deadly deputy-involved shooting from May

Carlos Gamboa's partner had just gotten off the phone with him. It was a long phone call, but afterward, she immediately called the Doña Ana County deputies who had surrounded Gamboa's house in Fairacres.

"This is worse than I thought," she told the deputy before telling him not to approach Gamboa.

All morning on May 21, Gamboa had expressed a desire to die. He told his neighbors about his suicidal feelings, and he'd fired a shotgun into the air. The chaotic morning had already drawn deputies out to the secluded neighborhood once. Now, they were back.

Jeremy Maldonado, a seven-year deputy who'd been on and off the phone with Gamboa's partner, knew all this.

"We're not going to approach, trust me," he told her.

Less than ten minutes later, Maldonado fired a single shot at Gamboa after Gamboa fired a shotgun at deputies. The bullet from Maldonado's gun struck Gamboa in the chest. Gamboa died later that day. He was 57.

Gamboa's obituary described him as a "jack of all trades." The obituary notes he was named a top teacher several times throughout his 26-year career at Sun City Plumbing and Heating. He is survived by two sons, two daughters, and five grandchildren.

"Carlos was the kind of man who’d give you the shirt off of his back without any thought. His many abilities allowed him to help so many in the community. He was a great man with an even bigger heart. The best-laid plans, not fulfilled, but please remember he had goals and hopes. He was loved by many," the obituary reads.

Body camera footage obtained by the Sun-News provides insight into the shooting. It was the first of three deadly shootings involving deputies from May to July 2022. Five months after the first shooting, Doña Ana County released Maldonado's body camera footage late last week.

In this case, a District Attorney's Office spokesperson on Tuesday confirmed that prosecutors would not press charges against Maldonado.

Kim Stewart, sheriff of Doña Ana County, said that DASO would not levy administrative punishments against Maldonado. The deputy has since returned to work, according to Stewart.

The calm before
The body camera footage obtained by the Sun-News begins with Maldonado sitting in his patrol unit in the afternoon of May 21. He's set up several dozen feet from Gamboa, who's sitting alone in another vehicle on his property.

At this point, the deputies aren't sure if Gamboa carries a gun or if he ditched the gun in a dry river bed nearby. They know he had one since he fired into the air several hours before, but they aren't sure if he's still armed. So, they wait. Five minutes pass before Gamboa's partner calls Maldonado back.

"This is worse than I thought," she says, confirming that Gamboa did ditch the gun deputies were worried about. However, she says that her husband needs to be hospitalized as soon as possible.

"He's agreed to stay in the truck," she says, adding that he wants to go inside to get another gun. "He's listening to me at this point, but he needs to be taken to the hospital for a (mental health evaluation)."

Maldonado relays the information to the other deputies. He then returns to the phone call with the partner.

"Is he not wanting to come out and talk to us?" he asks.

"No, don't do that," she quickly responds. "If (Gamboa) sees that somebody is there, he'll think everything is over. We need to keep him contained in the vehicle where there are no weapons."

As Maldonado explains how deputies have positioned themselves, Gamboa leaves his vehicle and heads inside. Maldonado breaks away from the phone call, grabs a loudspeaker attached to his patrol unit, and calls out to Gamboa.

"Carlos, this is the sheriff's department. Come on over here, bud," Maldonado says. “Carlos, Carlos, Carlos!”

Gamboa goes inside his house, leaving Maldonado to return to his conversation with Gamboa partner. She tells them not to approach and that she'll be there in 15 minutes.

'Carlos, don't do it.'
Maldonado waits alone in his patrol unit for about 10 minutes before another deputy walks over and breaks the monotony.

"We're not going to push it," the deputy says as Maldonado leaves his unit. "We made contact with him, and he's not willing to make contact with us."

Maldonado responds by saying that Gamboa's partner is on her way. But, before the other officer can finish his response, Gamboa leaves his house holding a shotgun. Maldonado gets back on the loudspeaker and tells Gamboa to drop the gun.

"Go ahead and drop it, partner," he says. At this time, Maldonado pulls out his pistol, then trots behind his patrol unit and removes an assault rifle from the trunk.

“Drop it Carlos, please,” Maldonado yells.

Other deputies shout similar commands. Over the next few seconds, Maldonado's tone gets louder.

"Carlos, don't do it," he shouts. "Carlos!"

Another deputy calls out over the radio, saying that Gamboa is kneeling on the ground, pointing the gun at himself.

Maldonado continues calling out. "Carlos, don't do it. We can help you out," he shouts. "Carlos, do not do it."

A few seconds later, Gamboa fires once at the deputies. Maldonado returns fire with a single shot from his rifle. He's the only deputy to fire but the bullet strikes Gamboa's chest. Another few seconds go by before Maldonado and the other deputies rush to Gamboa. EMTs also flood the area before loading Gamboa into an ambulance.

As Gamboa is being loaded into the ambulance, his Gamboa partner arrives. It's unclear if she can see Gamboa as three deputies, including Maldonado, rush over to talk with her.

Within months of Gamboa's death, Doña Ana County deputies killed two other men.

On July 5, Bryan Humble, 63, died after a dispute between neighbors. At the time, Stewart would not confirm that deputies shot Humble. Instead, she left open the possibility that Humble shot himself. On July 15, Richard Guerra, 28, was killed in a shootout with deputies in Texas following a pursuit that crisscrossed state lines in southern Doña Ana County. That incident began when a deputy spotted Guerra driving a vehicle sought by El Paso police.

The Sun-News has requested body camera footage of those deputy shooting deaths. Those requests have yet to be filled as of the publication of this article.