Las Cruces PD not recommending charges against witness who fatally shot officer's killer

The Las Cruces Police Department is recommending that the bystander who shot and killed a man after he fatally stabbed an officer on Sunday not be charged with a crime.

The final call will be made by the 3rd Judicial District Attorney’s Office, LCPD Chief Jeremy Story said.

About 5 p.m. Sunday, officer Jonah Hernandez, 35, was stabbed at least once with a “large kitchen knife” by a 29-year-old man — later identified as Armando Silva — while responding to a trespassing call in the 300 block of South Valley Drive, Story said during a Tuesday morning news conference addressing the incident.

An unidentified man then went to his vehicle, got a gun and confronted Silva. Silva was then shot “at least once” when he tried to attack the man. Silva later died from his injuries, Story said.

The witness used Hernandez’s radio to call for help, according to the Las Cruces Police Department.

Police have no plans to name the witness until the investigation is complete, according to LCPD.

According to Story, Silva had an extensive history of violent crime, including a 2015 incident in which he was arrested for kidnapping and aggravated battery. He violated his parole in that case multiple times before finishing his sentence.

Silva’s family said he was not homeless but had battled post-traumatic stress disorder and schizophrenia for some time and used illegal drugs.

Silva faced his most serious charge in 2015, when he was sentenced to three years in prison for choking and severely beating his girlfriend, according to court records.

Since his release, Silva was arrested in 2019 for having methamphetamine and in February 2023 for hitting a man during a dispute over a broken toilet. Both cases were dismissed, the latter when a Doña Ana County deputy didn’t show up for a hearing.

“This is one more agonizing reminder of the brokenness of the New Mexico criminal justice system, a system that should have protected our community from Silva,” the police chief said.

Story said that Silva had a history of mental illness and living on the streets. Court records show he listed several different addresses as his home in the past decade.

Hernandez, who had served with Las Cruces police since June 2022, is survived by his wife, Yesenia Lopez, and two sons: Sebastian Jonah, 10, and Joaquin Leonel, 2.

“There is no more heartbreaking reason than this to have a news conference,” Story said, adding that Hernandez was the first LCPD officer to die in the line of duty.

“Our department is wounded right now, yet we remain committed to this city and to each other,” he said.

‘Last career choice’

Jonah Hernandez was born in El Monte, California, in 1988, but went to middle and high school in El Paso, his older cousin Tony Hernandez told the Journal.

Jonah was a flooring installer and a master electrician before deciding to pursue his dream of becoming a police officer, Tony said.

“He wanted to retire from the police force and make it his last career choice,” Tony said. “Ironically, it became just that.”

Jonah leaves behind a legacy of “true friendship, love, service to others, fatherhood, brotherhood and honor in what he did,” Tony said.

Story said now is the time to grieve and support Hernandez’s family, and honor his memory.

“There will be a time where we will release more information and I will be very vocal about what I think needs to occur and what we need to learn from this, but now, again, is not that time,” he said.

Hernandez’s funeral will take place in El Paso, but plans are still being worked on, Story said, adding that it has been “incredibly heartwarming” to see the large amount of support the city and police department have received.

The Las Cruces Police Officers Association created an online donation portal on Monday, with the proceeds going to Hernandez’s wife and sons.

The goal is to reach $100,000. As of 1:15 p.m. Tuesday, $76,299 had been raised.

“We will mourn the loss of our brother forever,” Story said, “and we will never forget his sacrifice for the people of Las Cruces.”

The assailant

Xochitl Hernandez, Silva’s mother, said she is hurting: for her son, for Jonah Hernandez’s family and for the man who killed her son.

“I’m just very torn right now because, of course, someone from law enforcement was killed at the hands of my son,” she said. “My son paid for it with his life.”

Hernandez said while her heart breaks for Jonah Hernandez’s family, she is just as heartbroken to know her child had killed someone and is dead. She added, “This wasn’t him. ... It was very out of character.”

The mother said there’s a lot of judgement toward her son, but she wanted to point out her son “was a human” and suffered from schizophrenia and PTSD.

“I’m not excusing his behavior,” Hernandez said. “I’m not trying to say it was OK.”

She said she and her family have been bothered by some of the hateful social media comments about her son, which “affect us.”

Xochitl Hernandez said she is praying for everyone involved, even the man who shot her son. “They must be going through their own mental anguish to have seen this horrible occurrence of events,” she said.

Xochitl Hernandez said for the past few months, Silva had been living in an apartment on Picacho Avenue. And before that he was in a motel. The mother said she last saw Silva on Feb. 2. Before she left him that day, she said they hugged and Silva told her, “Mom, you’re the best.”

“I said, ‘I love you son, I’ll see you next week.’”