Brad Lunsford trial will be heard by Silver City district judge
Sixth Judicial District Court Judge James B. Foy from Silver City will preside over the trial of Las Cruces Police Department officer Brad Lunsford, according to court records.
Lunsford is accused of killing Presley Eze, 36, on Aug. 2, 2022, at the Chevron gas station on Valley Drive and University Avenue in Las Cruces.
Lunsford was indicted by a grand jury on Dec. 7. Lunsford pleaded not guilty to one count of voluntary manslaughter in the third-degree on Dec. 18, 2023.
On Jan. 10., New Mexico Supreme Court Chief Justice C. Shannon Bacon issued a designation order, appointing Foy to preside over the trial. According to the order, Foy will be reimbursed per diem and for mileage. The order also states that if the case is ongoing when Foy is no longer a sitting district judge in the Sixth Judicial District, the case will be automatically reassigned to his replacement.
No court date before Foy is yet scheduled.
According to court records, seven Third Judicial District judges recused themselves from the case.
District Judge Richard Jacquez was the first to recuse himself on Dec. 7, 2023. District Judge Casey Fitch, the last in the list of judges excused himself Jan. 3.
Judges in New Mexico are able to recuse themselves from presiding over a case for a number of reasons, according to Rule 21-211 in the New Mexico Code of Judicial Conduct if, " ... the judge's impartiality might reasonably be questioned."
On Dec. 13, 2023, a notice of peremptory disqualification, excusing Driggers from presiding, was submitted by John Duran, who is prosecuting the case for the New Mexico Department of Justice.
Preliminary hearing scheduled for Las Cruces police officer Felipe Hernandez
A preliminary hearing was scheduled for Feb. 29 for Las Cruces Police Department Officer Felipe Hernandez, according to court records.
Hernandez was charged on Jan. 9 with second-degree murder in the October 2023 shooting death of Teresa Gomez.
In a January news conference, the Third Judicial District Attorney’s office announced the officer-involved shooting task force delivered its findings to District Attorney Gerald Byers and that the DA's office was moving forward with charges.
On Jan. 10, Perea recused himself from presiding over this trial and Driggers was assigned.
Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X, formerly known as Twitter, @jpgroves.
This article originally appeared on Las Cruces Sun-News: Series of recusals puts Brad Lunsford trial before Silver City judge
