Ex-Las Cruces officer Brad Lunsford released as judge weighs new trial

LAS CRUCES — A district judge ruled Friday that former Las Cruces police officer Brad Lunsford would be released while the court considers his request for a new trial.

Lunsford, 39, has been in custody since a jury convicted him of voluntary manslaughter last month in the 2022 death of 36-year-old Presley Eze. Lunsford shot Eze during an altercation at a gas station, where officers responded to a complaint that Eze had stolen a can of beer. Lunsford and another officer removed Eze from his car and a struggle ensued, during which Lunsford said Eze reached for a Taser that had fallen to the ground; and that he had made a split-second decision out of concern for both officers’ safety.

Lunsford’s new attorney, Matthew Chandler, argued that an error involving the substitution of two jurors for alternates and other procedural details involving the jury violated Lunsford’s due process rights.

State District Judge James Foy took responsibility and expressed contrition for court errors involving the seating of alternates. State prosecutors, however, argued that this was a “procedural defect” and did not spoil deliberations, since all the jurors, alternates included, had been approved by the parties at the start of the trial, and the alternates had witnessed proceedings just as their fellow jurors had.

Foy declined a request by the defense to enter a judicial acquittal, saying he would not throw out the jury’s verdict.

Arguing for Lunsford’s release as Foy considers motions for a new trial, Chandler argued that Lunsford’s background, lack of criminal history, family ties in the community and consistent appearances for court hearings demonstrated he was not a flight risk or dangerous to the community.

Foy acknowledged that his eventual ruling would lead either to a new trial or a denial that Lunsford would likely appeal.

“Those are the two options I believe are on the table right now,” Foy said, “and until they get resolved, I’m not going to keep this man in prison.”

The judge ordered Lunsford to post a secured cash bond of $10,000 and wear a GPS monitor to ensure he remains in Doña Ana County, although trips to El Paso County would be allowed for particular purposes. Lunsford is also barred from possessing a firearm or deadly weapon.

Another motion hearing on the matter is set for next week and a sentencing hearing remains scheduled for April 4.

The state Department of Justice said one of Chandler’s motions, alleging that a juror had concealed views indicating bias against police officers, led to harassment by Lunsford’s supporters. In a news release, the DOJ said this prompted prosecutors’ recent request to seal certain records and enact a protective order for the juror’s safety.

“The defense’s accusations of bias based on a juror’s political beliefs is contrary to the law and to the impartial administration of justice,” Attorney General Raúl Torrez stated in the release.

“Jurors are entrusted to decide cases based on evidence—not to be subjected to public humiliation and personal attacks for an unpopular verdict. The defense team failed to do their job during jury selection and should not be allowed to engage in a partisan witch hunt now that a properly seated jury rejected Lunsford’s defense and found him guilty of manslaughter.”