Amended lawsuit in federal court adds Las Cruces Police officer who allegedly killed Teresa Gomez
A wrongful death lawsuit was filed by the estate of Teresa Gomez in U.S. District Court after the 45-year-old woman was shot and killed by Las Cruces Police Department officer Felipe Hernandez in October 2023.
Attorney Shannon Kennedy filed the lawsuit in October, but filed an amended complaint on Jan. 18 to add punitive damages against Hernandez. The case was randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth.
The lawsuit names Hernandez, the City of Las Cruces, the Las Cruces Police Department, LCPD Chief Jeremy Story, former chief Miguel Dominguez and Deputy Chief Sean Mullen.
Kennedy said the lawsuit was amended, and strengthened, after LCPD Lieutenant Peter Bradley signed a probable cause determination in the criminal case against Hernandez in District Court.
Hernandez was charged with second-degree murder with a firearm enhancement on Jan. 9. Hernandez was immediately placed on administrative leave following the shooting incident.
Hernandez has a preliminary hearing scheduled for Feb. 29.
The lawsuit claims Hernandez violated Gomez's Fourth Amendment rights when he detained Gomez by ordering her to exit her car and show her identification without reasonable suspicion or probable cause that she was committing a crime. A second count against Hernandez argues he violated Gomez's Fourth Amendment rights through seizure through a use of deadly force.
"The use of force and profanity displays a complete failure to train in appropriate uses of force and appropriate and lawful interactions with the public," the lawsuit states.
Citing the New Mexico Civil Rights Act, the lawsuit claims the City was responsible for Hernandez as an employee, who allegedly escalated the confrontation with Gomez that resulted in her death. The lawsuit claims that Story, Dominguez and Mullen failed in their roles as supervisor to respond, "to repeated uses of excessive and deadly force shows that they allowed officers to use excessive and deadly force in situations in which there is no threat of great bodily harm or death posed by the subject receiving deadly force."
The lawsuit also argues for a loss of consortium for the loss of meaningful relationships with her family members. Kennedy said Gomez was providing household services for her son, while living with her mother and helping care for her grandchildren.
The lawsuit seeks compensatory damages "because Teresa Gomez and her estate suffered wrongful death, economic loss, funeral expenses, loss of enjoyment of life, pain and suffering, loss of consortium; and attorney fees, pre-judgment and post judgment interest, costs, and expenses in bringing this action."
It is seeking punitive damages against Hernandez "to punish him and deter other LCPD officers from similar, wonton, malicious, reckless and unconstitutional behavior."
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Hernandez's body camera shows nine minutes before the shooting on Burley Court
Hernandez was not named during a LCPD news conference in October regarding the shooting. However, LCPD later released nine minutes of body camera footage from the incident where Hernandez shouted dozens of profanity-laden commands as he threatened to arrest Gomez, who was sitting in her car on Oct. 3, 2023.
In the footage Hernandez is seen riding up to Gomez who is sitting in a parked car outside a public housing complex on the 1300 block of Burley Court. In the passenger seat sits Jesus Garcia.
Gomez opens the driver's side door at Hernandez's request. Hernandez notices that Garcia has a paintball gun.
Hernandez tells Gomez to step out of the car. Gomez initially resists and tells Hernandez not to touch her. Gomez eventually steps out of the car after Hernandez threatens to shoot her with a non lethal weapon.
More: LCPD releases body camera footage of Teresa Gomez
It is at this point that Hernandez recognizes Garcia and says he will arrest him.
Hernandez walks Gomez to the back of the car, where he explains Garcia has a warrant for his arrest and is not allowed on the property.
Gomez tells Hernandez she had just walked out of her home before Hernandez contacted her. He then asks Gomez for her name, and she responds with "Terry." He asks for a last name and she questions him, "Why?"
After five minutes, Hernandez allows Gomez to return to her car and asks for Garcia's date of birth. Gomez, sitting in the driver's set, starts the car while looking up at Hernandez. She puts the car in gear and begins to back the vehicle away while the driver's door is still open.
Hernandez pulls out his gun and yells, "Stop, stop."
Gomez puts the car into drive and Hernandez fires three times at the vehicle. She was transported to an area hospital where she died from the injuries.
Garcia was not injured in the exchange but was later arrested on multiple warrants.
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X, formerly Twitter, @jpgroves.
This article originally appeared on Las Cruces Sun-News: Amended lawsuit in federal court adds Las Cruces Police officer who allegedly killed Teresa Gomez
