Category: Legal and Criminal News

A New Mexico police officer, who was previously found guilty of manslaughter in the fatal shooting of Presley Eze, a Black man, has been granted a new trial. This decision comes after the defense filed a motion citing judicial errors, including issues with jury selection and alleged bias.

The Fatal Shooting of Presley Eze

The incident occurred in 2022 when former Las Cruces Police Officer Brad Lunsford fatally shot Presley Eze, a 36-year-old Black man, husband, and father. The shooting followed an allegation of shoplifting a can of Budweiser beer from a gas station. Eze, a first-generation Nigerian-American, maintained he already possessed the beer when he entered the store to purchase cigarettes, but the cashier refused to serve him without identification.

Despite Eze’s pleas to check security footage, which later appeared to support his claim, Lunsford proceeded with the arrest. Body camera footage showed Lunsford mispronouncing Eze’s name while running a warrant check. Subsequently, Lunsford and another officer pulled Eze from his car and subdued him on the ground. As Eze began to pull himself up, seemingly near a taser that had fallen nearby, Lunsford drew his weapon and fired, killing him at close range.

Conviction Overturned Due to Procedural Issues

In February, Lunsford was found guilty of voluntary manslaughter with a firearm enhancement. However, New Mexico District Judge James B. Foy ordered a new trial in October, agreeing with the defense’s motion that highlighted judicial errors, including an improper juror switch and potential juror bias. The defense’s accusations of bias based on a juror’s political beliefs were deemed contrary to the law by the Attorney General’s office.

The Attorney General’s statement emphasized that jurors should base decisions on evidence, not public opinion or personal attacks. The defense’s failure to properly vet the jury during selection was also noted. Lunsford, who has a distinctive red devil tattoo on his forearm, has since returned home pending his retrial and a separate civil trial.

Civil Trial and Allegations of Evidence Destruction

Adding another layer to the case, the Eze family’s attorney filed a motion for a default judgment in the civil trial, alleging that Lunsford deleted crucial text messages sent by supportive colleagues. They argued this constituted destruction of evidence, which should bypass a trial and grant the family monetary damages. However, another judge ruled against the default judgment, instead ordering Lunsford to cover the family’s attorney’s fees.

If you try this case 10 times, the fact is, Brad Lunsford took a gun, put it on my son’s head, and shot him at point-blank range. — Loretta Eze, Mother of Presley Eze

Loretta Eze, Presley’s mother, remains resolute, stating, “If you try this case 10 times, the fact is, Brad Lunsford took a gun, put it on my son’s head, and shot him at point-blank range.” The upcoming retrial and civil proceedings will continue to scrutinize the events of that fateful day.