Las Cruces police, FBI team up to nab accused chronic offender

A Las Cruces man arrested dozens of times in cases that have frequently been dismissed is back behind bars, this time in federal custody to face charges over a string of robberies and assaults dating back to 2022.

The defendant, Neal Garcia, 43, has also become an avatar for the issue of chronic repeat offenders, competency and gaps in mental health services for defendants in New Mexico’s criminal justice system.

Las Cruces Police Chief Jeremy Story, who has advocated for competency reform and changes to pretrial detention restrictions before the state Legislature, took to social media on Oct. 28 to express frustration over Garcia’s case in particular.

Garcia’s criminal history in New Mexico extends back to 2001, court records show. In recent years, Garcia has been charged in numerous alleged thefts, assaults and property damage at local businesses. Story said Garcia has been arrested more than 70 times.

Since 2022, Garcia has been accused of shoplifting at retail stores and pushing, hitting and threatening employees who confront him. Story alleged he has also smashed windows of cars and buildings, and wielded objects such as a golf club, a baseball bat and a strap with a padlock as weapons.

Garcia has also been charged in separate instances, in 2024 and this past June, with breaking windows at Las Cruces City Hall.

In both cases, Garcia was deemed incompetent to stand trial. An October criminal trespassing charge is pending in court as well.

The District Attorney’s Office unsuccessfully sought to hold Garcia ahead of his trial and also asked for involuntary commitment for treatment, but court records state a medical evaluation determined Garcia did not meet the criteria. Garcia’s cases were dismissed in a process Story said has mired Garcia and police officers in a continuing cycle.

”I would argue that he poses a clear danger to the public and the community,” Story said, “and the people he is victimizing are people who are just working and trying to live their lives in the community that we all share.”

Acting U.S. Attorney Ryan Ellison contacted LCPD after Story’s video was published, according to the department. In a video announcement rather than a news conference, Ellison announced Thursday that Garcia had been taken into custody and charged under the Hobbs Act, a federal law protecting interstate commerce.

The video features Ellison alongside Story and Justin Garris, the FBI’s Albuquerque special agent in charge.

A federal complaint charges Garcia on six counts, citing incidents reported by LCPD between 2022 and 2025. They include instances of shoplifting and assaults on store employees at local retail stores and a gas station.

”If convicted, he faces up to 20 years in federal prison and will remain in federal custody pending trial,” Ellison said on camera.

The 1946 federal statute was enacted as an anti-racketeering measure addressing labor-management disputes, but has been applied to a range of cases involving public corruption as well as gang violence. In September, for instance, three men were charged with “Hobbs Act Robbery” in Minnesota over a string of gas station heists involving a real-looking airsoft gun.

The complaint against Garcia alleges in each count that Garcia interfered with interstate commerce by preventing the businesses from collecting revenue that would otherwise be transferred to headquarters or corporate offices out of state.

In a message addressed to state prosecutors statewide, Ellison stated in the video that his office is “open for business.”

”If you have violent repeat offenders who continue to victimize your communities, contact our office or the FBI,” Ellison said. “We’re actively working to identify and federally charge the most violent criminals across this state.”

On Friday, federal District Judge Jerry Ritter ordered Garcia be detained through his trial.

In his first video, Story said Garcia was only one of several individuals his officers encounter and arrest frequently: “I wish this was an outlier, but it’s not. ... My officers are out there arresting him and others like him every day without options.”

Ben Baur, the chief public defender at the state Law Offices of the Public Defender, said in an interview, “I understand that law enforcement gets frustrated. Public defenders get frustrated, the courts get frustrated.

”What we’re seeing is that there has to be another process other than criminal prosecution to deal with serious behavioral issues. One of these is creating treatment alternatives — let’s find a way to get people the help they need. Prosecution over and over again isn’t making any of these folks better.”

While the state Legislature can make law and assist with funding, Baur said counties need to put local resources and solutions in place for the benefit of defendants and law enforcement alike.

As for defendants, Baur said, “Most of these people are spending weeks, months or even years in jails while their competency is being determined. That, in itself, is punishment — which makes it clear that if punishment was going to stop this, it would have done it already.”