Otero deputy shooting of 17-year-old under review by Bernalillo County District Attorney

Video captured by the patrol vehicle’s dash camera showed the gun left the teen’s hands before the deputy opened fire. Elijah Hadley was shot and fell to the dirt, repeatedly screaming, “It’s just a BB gun.”

Minutes later, as the 17-year-old boy rolled on the ground, apparently unable to get up, Otero County deputy Jacob Diaz-Austin fired again and again.

In all, Diaz fired at least 19 bullets at Hadley, a Mescalero Apache Tribe member. The teen died at the scene.

On Tuesday, the New Mexico Department of Public Safety announced that the investigation into the June 25 shooting had been transferred to the 2nd Judicial District Attorney’s Office to be reviewed for possible criminal charges — a process that occurs once a police shooting investigation has been completed.

Nancy Laflin, a spokeswoman for the 2nd Judicial District Attorney’s Office, told the Journal they have the case and “are in the process of reviewing it.”

“We are committed to delivering an accurate account of the events and it is our priority to ensure a comprehensive and unbiased investigation,” DPS Secretary Jason Bowie said in a statement. “Open communication with tribal leadership and the family members are essential for building and maintaining strong, trust-based relationships between the police and communities they serve.”

The department does not usually publicly announce when a police shooting case has moved from the investigative to review stage and it is unclear why it did so in the death of Hadley.

Since video of the shooting was released, the incident has gone viral on TikTok, with hundreds of thousands of views from people watching content related to the incident.

The comments section of the Otero County Sheriff’s Office Facebook page has become filled with residents and tribal members blasting the department for Hadley’s death.

Otero County Sgt. Sean Jett told the Journal that Diaz-Austin is still employed by the sheriff’s office. Without identifying Diaz-Austin, Jett said the deputy who killed Hadley is still on paid administrative leave.

The Journal independently confirmed Diaz-Austin as the deputy. In May 2021, the sheriff’s office announced on Facebook that Diaz-Austin had joined the department.

In March 2022, the sheriff’s office took to Facebook to congratulate Diaz-Austin on completing Crisis Intervention Team certification — training for law enforcement on how to deal with those with behavioral health issues.

According to a June 27 news release from New Mexico State Police, around 10:45 p.m. on the night of the shooting, the deputy responded to check on a person walking in the median of U.S. 70, just west of Mescalero. The release states the deputy found Hadley, who “presented what appeared to be a firearm,” and the deputy fired “at least one round.”

According to the news release, “Agents later learned the object that Hadley presented at the deputy was an air soft gun.”

The Journal is publishing a portion of the dash camera video but not the lapel camera as it is too graphic.

In Diaz-Austin’s dash and lapel camera video, obtained by the Journal from KOAT-TV, Hadley is holding his shirt draped over one hand and waves at the deputy with the other. Diaz-Austin tells Hadley, "Stop right there bro,” as Hadley approaches and the deputy reverses to put distance between them.

“You all right?” Diaz-Austin asks. “Let me see your other hand bro. Let me see your other hand, dog.”

Hadley reaches his hand under the shirt and pulls out a BB gun, holding it upside down by the end of the handle, and throws it to the side. The BB gun has almost hit the ground by the time Diaz-Austin starts shooting, firing four times.

Hadley falls over screaming in pain, yelling, “It’s just a BB gun,” as Diaz-Austin keeps his gun pointed at the teen, yelling, “Let me see your hands.” Diaz-Austin calls into dispatch and says, frantically, “Shots fired.”

Diaz-Austin retrieves a first aid kit from other side of his vehicle but doesn’t approach Hadley, telling him, “Don’t go closer to that gun. You’re going to get shot again.” Diaz-Austin keeps grabbing his first aid kit and putting it back down as Hadley lies on the ground, bleeding profusely.

At one point, Hadley tries to get up, and his arm appears to make involuntary movements. Seemingly unable to use his arms, the teen then rolls his body over a few times in the direction of the BB gun.

Diaz-Austin shoots at least 13 more times, pausing in between volleys of gunfire to reload his gun.

Hadley does not move again.

“I can’t render aid. I’m 10-4. He’s still moving and the gun is underneath him,” the deputy tells dispatch. A dispatcher asks where Hadley was shot.

Diaz-Austin replies, “In the face, in the chest, his arm, I believe in the back of the head.” Eventually, another deputy arrives, and he and Diaz-Austin approach, throwing the BB gun farther away and taking Hadley’s pulse.

Within seconds, the other deputy pulls Diaz-Austin away from the body and one of them can be heard telling dispatch, “No pulse.”