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25 November 2024

Las Cruces Settles $20 Million Wrongful Death Case

City responds to tragic police shooting with largest settlement ever

The city of Las Cruces, New Mexico, has recently concluded a significant settlement agreement amounting to $20 million linked to the wrongful death of Teresa Gomez. This deal stems from the tragic incident involving Gomez, which occurred back in October 2023, when she was fatally shot by former police officer Felipe Hernandez. The agreement, described as the largest civil settlement the city has ever seen, aims to address the wrongful death lawsuit brought forth by Gomez's estate earlier this year.

Gomez, aged 45 at the time of her death, was shot three times by Hernandez, who was responding to what officials reported as unusual circumstances. On the day of the incident, Gomez was parked with another individual when Hernandez approached her. Body camera footage captured Hernandez shooting Gomez as she attempted to drive away, prompting calls for accountability and justice from the community and her family.

According to the official release from the city, the settlement should reflect the sorrow felt by the municipal authorities over Gomez's death. It articulates the city’s acknowledgment of the injustice surrounding the incident involving Gomez. "This settlement should be understood as a statement of the City's deep sense of loss for the death of Gomez and as condolence to her family," referenced the city’s communications director, Mandy Guss.

The lawsuit, initiated on behalf of Gomez’s estate, includes allegations not only against Hernandez but also implicates the Las Cruces Police Department and key figures within it. The claim states Hernandez violated Gomez's Fourth Amendment rights by ordering her out of her vehicle without any reasonable suspicion or probable cause. The legal documents also allege Hernandez’s use of deadly force was unlawful, asserting the police department’s broader responsibility for the actions of its officers, especially those who had previously demonstrated excessive force.

Within the settlement’s provisions, it was stipulated there would be no admission of liability by the city. Essentially, the city maintains its position of denying any wrongdoing, characterizing the agreement as a pragmatic decision to prevent the lengthy and potentially costly process of litigation. It reflects the mounting tension between community trust and police conduct, something Gomez's family hopes will compel more significant systemic changes.

Shannon Kennedy, the attorney representing the Gomez family, expressed gratitude toward the city for recognizing the injustice surrounding Teresa's death. She emphasized their hope for reforms to prevent such incidents from recurring. "They trust the city will double its efforts to make sure no other family suffers the tragedy of losing a loved one to abusive police conduct," Kennedy reiterated.

Following Gomez's death and amid growing public outrage, Felipe Hernandez was charged with second-degree murder. The charges were filed on January 9, following which he was suspended from duty and later terminated from the Las Cruces Police Department. The officer has pleaded not guilty to the murder charge, and his trial is slated for June 2025, following multiple delays due to procedural adjustments.

While the city has begun fulfilling the terms of the settlement, with the first payment of $2 million already processed, the remaining $18 million will be financed. This financing plan is set to be discussed with the City Council early next year, ensuring transparency around how the city manages such significant payments and the scrutiny of community members.

The lawsuit's narrative also reflects Gomez's role within her family, noting the emotional and physical support she provided to her children and grandchildren. Arguments for compensatory damages included not just her untimely death but also the resulting economic hardships and loss of familial relationships. These personal aspects add emotional weight to the legal proceedings, often overshadowed by the overarching legal framework.

The legal process around Gomez’s case is still active as her family looks to maintain pressure for transparency and reform. The upcoming trial for Hernandez, alongside the procedural follow-ups from the settlement agreement, is likely to continue drawing attention from the public and media alike. The tragedy of Teresa Gomez remains at the forefront of dialogues around police conduct, accountability, and civil rights, with her family determined to keep the conversation alive as they seek justice and systemic change.

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