Man armed with a knife, replica gun is shot by Las Cruces police is shortly released from custody

1 month ago
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The chief of the Las Cruces Police Department released details of what led to Monday's "officer-involved shooting" saying that the arrest and quick release of the suspect highlights the "issues with our system."

On Friday morning, the Las Cruces Police Department held a press conference to share the moments that led to an officer-involved shooting that ended with the injury and arrest of the 50-year-old suspect, Danny Garcia De Leon.

After the shooting, De Leon was charged with:

Aggravated assault
Aggravated assault on a peace officer

Two charges that the Las Cruces police Chief Jeremy Story calls "serious felony charges" and expressed his concern when, only 12 hours after his arrest, Garcia De Leon was released "on his own recognizance."

A fact that led to Story declaring,

"In my opinion, it's a significant problem that continues to highlight the issues with our system.
This comes as Story later told reporters at the press conference that he was there to spell out the facts regarding the incident and not share his personal opinions on the matter.

According to Story, it all started at around 10:30 p.m., with a "subject with a gun" 911 call coming from a resident of an apartment complex located at the 1300 block of S. Espina Street.

The caller told the 911 dispatch he was taking out the trash when he encountered the suspect, who was armed with a pistol, a knife and a bow.

The caller then told dispatch that at one point during the encounter, the suspect had brandished the knife and pointed the gun at him.

I'm going to call the cops on you if you don't put that fu**ing gun away," the caller claims he told the suspect upon seeing the weapon.

Story then shared body-cam footage from the two responding Las Cruces police officers.

In the video, you can see the two officers shine their flashlights at the suspect, leading the suspect to drop the knife he was reportedly holding and run into his apartment.

The video then appears to show the suspect re-emerge from his apartment with a gun, leading one officer to run for cover behind a dumpster before the suspect disappears into his apartment one more time.

The suspect exits his apartment again, this time yelling at officers,

Why are you here?! Why are you here?!
--and officers responding,

Let me see your hands! Don't be reaching--
--before opening fire on the suspect.

From what the video shows, it appears one officer pulled the trigger five times before reloading his gun.

After the shots are fired and the smoke dissipates, the suspect can be seen going back into his apartment-- slamming the door.

After the shooting, investigators photographed the weapons the suspect reportedly had.

The gun in question, a silver revolver with a black grip, turned out to be a "replica" and not a real gun.

The suspect received medical attention at the scene (police did not reveal the extent of his injuries).

Garcia De Leon was arrested and taken into custody at around 4 a.m. Tuesday.

Then, at around 4 p.m. that same day, Story said the suspect was "released on his own recognizance." A fact that prompted Story to share his opinion, citing this fact to be an example of the faults in the "system."

His opinion echoes what Dona Ana County's new District Attorney Fernando Macias said earlier in the week.

On Tuesday, while laying out his plans to combat crime in the area, Macias said offenders need to be held accountable before being released from custody.

There's too many people coming out of jail, and they're not having a trial or any level of accountability for an extended period of time and during that period of time, they're getting into trouble again,” Macias said.

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