Man shot by Las Cruces police sues for damages

LAS CRUCES – A man shot in the back while fleeing a Las Cruces Police Department officer in March has filed suit against the city and the officer who fired upon him.

On March 13, Gabriel Padilla, then 19 years old, ran from LCPD officer Bobby Lopez, who was investigating reports of a person roaming around a parking lot near downtown holding a handgun and firing it at no one in particular.

The chase route extended out of a small parking lot and down a sidewalk against the direction of traffic on S. Main Street. Police body camera footage depicts Padilla sprinting away as Lopez repeatedly calls out, “Stop reaching!” and then fires approximately five rounds. As the image of Padilla lying on the ground comes into view, Padilla can be seen holding a firearm pointed upward. The footage was made public at a news conference led by LCPD Chief Jeremy Story one week after the shooting.

Padilla was hospitalized and, according to his attorney, required life-saving surgery.

He was subsequently charged with felony aggravated assault on a peace officer with a deadly weapon; negligent use of a deadly weapon involving discharge, a petty misdemeanor; and a misdemeanor count of resisting, evading or obstructing an officer during an arrest.

The criminal case has stalled repeatedly in court. In April, state District Judge Douglas Driggers dismissed the charges without prejudice, ruling that the police video footage contradicted a statement in the criminal affidavit claiming Padilla had assumed a “shooting stance.” Padilla was subsequently indicted by a grand jury, but the indictment was quashed in November on procedural grounds by state District Judge Conrad Perea. The ruling left the door open to obtaining a new indictment.

On Dec. 12, Padilla filed a civil complaint against the city and Lopez individually seeking damages for civil rights and tort claims. It argues that immunity for the police officer is voided because Lopez allegedly committed unlawful assault and battery, and holds the city liable for negligent policies, supervision and training that might have prevented the shooting.

“At no point prior to the shooting did Mr. Padilla turn, aim, display, or threaten anyone with a weapon,” the lawsuit states, adding that the weapon he was holding wasn’t loaded. Padilla argues that the use of deadly force was unjustified and violated his constitutional rights.

It also presents discrepancies in statements Lopez made to other officers on video as well as to the grand jury, asserting that Padilla had pointed his gun at him, compared to an internal affairs investigation in which Lopez allegedly stated, “I believed he pointed it at me, at the time.” The lawsuit holds that Lopez’s testimony to the grand jury was “knowingly false” and that criminal charges against Padilla were a “malicious” effort to conceal a wrongful shooting, based on fabricated evidence.

The complaint holds that Padilla’s civil rights continued to be violated after he was shot, when officers stripped him naked from the waist down and repeatedly rolled him onto his back, rendering medical aid while he was handcuffed and allegedly contributing further to his injuries.

Padilla is seeking a trial in pursuit of compensatory and punitive damages, plus attorney’s fees, legal costs and interest.

Among his personal damages, the lawsuit states that Padilla “suffered loss of liberty, incarceration, humiliation, reputational harm, legal expenses, and the ongoing stress of repeated criminal filings,” as well as “impaired mobility” and ongoing medical needs caused by the shooting.

The city and the district attorney's office did not respond to a query from the Journal on Friday. The city typically avoids comment on active litigation.

Algernon D'Ammassa is the Journal's southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.