Las Cruces police, District Attorney protest Young Park mistrial. Here's what we know

In a joint statement issued Friday evening, the Las Cruces Police Department and 3rd Judicial District Attorney's Office said they would protest a judge's decision to declare a mistrial and dismiss charges against a man accused of a killing.

The move exposed a rift between police, with their prosecutor partners, and the district judge who ruled in the case.

"While we respect the court's order of dismissal, our respect does not preclude disagreement," District Attorney Gerald Byers said in the statement. "The Third Judicial District Attorney's Office and the Las Cruces Police Department are investigating available legal remedies in proceeding with charges in this case."

"It's our hope that a legal remedy can be found to proceed with trial and that justice can be served for the family of Mitchell Russell," interim Police Chief Jeremy Story said in the statement.

The case, the mistrial, and the dismissal recapped

The trial in question involved David Chavez, 20, who was charged with voluntary manslaughter and tampering with evidence after police said he shot and killed Mitchell Russell, 30, near Young Park on Jan. 6. Police believe that Russell pursued Chavez into the neighborhoods near Young Park after he was told the Chavez burglarized cars at a nearby store.

As the two men fought, police said Chavez pulled out a gun and shot Russell. Chavez was arrested a short time later. The trial was to last three days. Instead, it ended on the first day with Judge Douglas Driggers declaring a mistrial.

Read more about the case: One dead, one arrested as details emerge in shooting near Young Park

Driggers' order alleged that prosecutors and police failed to give over evidence regarding two knives found during the investigation. One blade was adjacent to Russell, the other in his pocket. Driggers said the evidence was vital since it could affect Chavez' ability to argue self-defense.

"It was reasoned that (prosecutor's) actions, on the morning of trial, could only serve to provoke a mistrial," Driggers wrote in the order declaring a mistrial. "The conduct was improper and prejudicial, and that nothing short of a mistrial could cure the prejudice suffered by the defendant."

Additionally, Driggers said the detective assigned to the case, Pierce Wilber, "may not have been forthright during the course of the pre-trial interview with defense counsel."

All of that, police and prosecutors said, is "nonsense."

"That is absolute nonsense based on his character, but most importantly, based on the definitive evidence in this case," Chief Story emailed the Sun-News.

Story added that Wilber's conduct during the investigation was not under review.

Video shows knives played no role in altercation

The two knives at the center of the dismissal seemingly played no role in the altercation.

In the joint statement, the first knife was folded and remained in Russell's pocket until investigators removed it after Russell died. The second knife was introduced to the scene by an LCPD officer who responded to the scene.

A video attached to the joint statement shows an officer using it to cut open Russell's shirt and examine him. The officer was trying to save Russell's life, and using the knife was a function of that effort, police said.

"Chavez's defense team pointed to it (the knife) as proof of a self-defense case," the joint statement read.

Regardless of their usage, Driggers' order accused LCPD and the district attorney of neglecting to turn over the evidence until the first day of trial. This, too, was wrong, the joint statement said.

"The Deputy Medical Field Investigator's report was disclosed to the defense team on April 6, 2023. The report describes the black folding knife and indicates it belonged to the first-arriving LCPD officer," the statement read.

Statement backs Det. Wilber, adds context to his involvement

The joint statement also offered the department's support of Wilber.

"I have the utmost faith in Detective Pierce Wilber and the entire Criminal Investigation Section," Story said in the joint statement. "Our detective did nothing wrong in this case, and our officers tried to render life-saving measures that, unfortunately, were unsuccessful."

Wilber was assigned as the case detective and filed the affidavit that launched the criminal case against Chavez. Wilber was not, however, at the scene during the initial investigation.

"Wilber was not the primary investigator on the case and did not respond to the scene of the crime. The detective merely took over the case after the lead investigator was forced to undergo a medical procedure," the statement said.

Not the first time Driggers has been accused of over-punishing prosecutors

In recent memory, this is not the first accusation of undue punishment against Driggers.

Last year, the New Mexico Supreme Court found Driggers erred when ordered that no exhibits (like pictures and reports) could be presented in the Baby Favi trial. In that case, a prosecutor admitted to missing a deadline to send over information.

Driggers then barred prosecutors from presenting any exhibits in the trial, a decision the Supreme Court later overturned. Still, Driggers' order led to a mistrial and a month of delay in the case.

Driggers also took heat from the Attorney General's Office when he dismissed second-degree murder charges against a former police officer.

What's next?

The joint release did not specify what actions could be taken moving forward. Driggers' dismissal prevents prosecutors from refiling the case, at least immediately.

However, the dismissal was not the end of the legal troubles for the man accused. Chaves remains in jail as of the publication of this article. He's being held on unrelated charges of aggravated fleeing a law enforcement officer.

Justin Garcia is a public safety reporter for the Las Cruces Sun-News. He can be reached at JEGarcia@lcsun-news.com.

This article originally appeared on Las Cruces Sun-News: Las Cruces police, District Attorney protest Young Park mistrial