Former Las Cruces Police Department officer Felipe Hernandez has been sentenced after a jury found him guilty of voluntary manslaughter in the 2023 shooting death of 45-year-old Teresa Gomez.
Hernandez originally faced a second-degree murder charge, but a Doña Ana County jury acquitted him of that greater charge and convicted him of the lesser-included offense of voluntary manslaughter after the fatal police shooting. According to the Associated Press, prosecutors argued that Hernandez escalated the encounter, failed to de-escalate the situation, and did not render aid after the shooting.
The shooting happened in the early morning hours of Oct. 3, 2023, after Hernandez, who was on bicycle patrol, approached Gomez and a passenger while they were in a parked vehicle at a public housing complex. Trial evidence included body-camera footage showing Gomez getting back into the vehicle, starting it, and driving away after the open car door struck Hernandez as she backed up. Hernandez then fired as the vehicle moved away.
AP reported that Hernandez acknowledged during testimony that there had been no reports of a disturbance or threats involving Gomez or the passenger before he approached them. The passenger was later determined to have a paintball gun, not a real firearm.
The case also became one of the most expensive police misconduct cases in Las Cruces history. The City of Las Cruces agreed to a $20 million civil settlement with Gomez’s estate, calling it the city’s largest agreement in a civil lawsuit. The city said Hernandez was arrested in January 2024, relieved of his duties in May 2024 following an administrative investigation, and no longer works for the city.
At sentencing, KFOX14/CBS4 reported that Judge Richard M. Jacquez sentenced Hernandez to six years in prison for voluntary manslaughter and added five years for firing a gun during the commission of the felony. The court suspended two years of that sentence. Hernandez was also ordered to serve two years of parole, two years of probation, pay a $5,000 fine, and have no contact with Gomez’s family.
Hernandez has appealed the conviction. Organ Mountain News reported that he filed a notice of appeal challenging the judgment and sentence. He also sought release while the appeal moved forward.
That request was denied. According to KFOX14/CBS4, Judge Jacquez ruled that the court was not convinced Hernandez was not a danger to the community, meaning Hernandez will remain in custody while the appeal continues.
This case is another reminder that a badge does not turn bad judgment into lawful force. A woman died, a city paid a record settlement, and a former officer is now a convicted felon because a police encounter that began without any reported threat ended with gunfire.
