step out now or I'm going to pull you out okay you're going to get taste second degree murder with a firearm enhancement I will really really make your life a living hell if I were to go out there right now and shoot someone in the back as they're running away from me I'd be in handcuffs instantly just be quiet for like 10 seconds sry okay do you guys not know where he lives why are you talking to because you don't listen shots fired shots fired welcome back to the lackluster channel on October 3rd of 2023 a Los Cruz's police officer was patrolling the streets on his bicycle when he notices a couple in a parked vehicle roll the window down leave your hands where I can see it okay just leave your hands where I can see him I don't know that roll your window down ma'am open the door it's just it's just a step over here I don't have step over here we're not doing nothing wrong sir I'm looking for my for my keys I can't find him there a pinball guy okay what's in his waist back there that's it's a painball gun it's it's a painball gun sir step out step out man I don't need to step out step out now or I'm going to pull you out I you cannot pull me out oh I'll call your sergeant I want see your sergeant I want your m'am don't touch me m'am step out please step out don't touch me step out I want to record this right now go ahead step out I want to record this don't touch me step out no come on hurry up no who you here visting I'm butterfly it's too late to be visiting butterfly uh no it's not yes it is I to look for my keys public housing ma'am the driver Teresa Gomez and her passenger were leaving after visiting with a resident of the public housing complex per the public housing occupancy guide book there are no defined hours for when a resident can or cannot receive visitors the facility management is authorized to establish these hours but in doing so would not be creating an enforcable statute for local police with that information in mind this appears to be a consensual contact even when considering the passenger's possession of a paintball gun Officer Hernandez leans heavily on the presence of that paintball gun to establish his flawed and unstable Reasonable Suspicion and removes Teresa from the vehicle though the lawfully possessed item is not in her possession the officer's actions are even more absurd considering that the passenger handles the device several times during the encounter making it clear that herand is not in fear that it is a firearm step no sir don't touch me sir okay you're going to get taste no you're not going to taste step out then I'm going to call do nothing wrong you are I'm asking you to step out that's what I'm trying to figure out okay step out step out why you step out though so I can talk to you this guy has paintball guns I don't know what else he has there it's just a p it doesn't matter ma'am it doesn't matter okay it still looks like aing gun does it not no yes it does later again step over here right here look here pull that out again bro we're going have issues as a result of this unlawful detainment Hernandez discovers that the passenger has been trespassed and from this point on the officer loses what little professionalism he had left shove your face show me your face I'm not doing nothing Jus Garcia I'm not holy [ __ ] you're back on the [ __ ] property I'm in the car you're in the property sir come you're on the property in the judge told you not to be here did not rip your ass last time yeah I know but I'm not in the you're going put get a warn out for your arrest step over here shut the [ __ ] up come here man come here why here's what's going on okay what the [ __ ] this is public housing okay there's rules and regulations that need to be [ __ ] followed okay he's trespassed okay he's trespassed he has five warrants out for criminal trespass pass in okay judge already ripped his ass and told him not to be here guess what he's here again okay so again I'm going to ask you what are you doing here I'm looking for my keys I was here visiting butterfly at what time what time did you leave at um I just barely walked out her door and I'm looking for my keys cuz I can't find him anywhere I might have left him in her house okay so what is your name my name is Terry is that really your name yes it is okay what's your last name why ma'am I'm doing a investigation you have a trespasser here right now that's what I'm telling you what is your last name let me just go get my keys what is your last name me go get my keys what is your last name FL okay what is your date of birth you do I don't have to answer this you do no I don't you do why you have to provide me with your name and date of birth that is a law all right if there's probable cause for uh for as a crime being happening he's already trespassed that is my probable cause okay do you see what I'm saying ma'am yes okay how do you want to do this I can either charge listen to me okay don't make this difficult for me okay I've been doing this for the last 3 years okay I know this area I know cars that are supposed toing be here and cars that aren't supposed to be here okay so let's not make this difficult because I will I will really really make your life a living hell do you hear me okay I will tow your car as a matter of fact no you don't to my car I'm visiting her she's allowed to have guests now she's allowed to have guests at certain times ma'am I didn't know not know that she did not tell me that okay again that's what I'm trying to explain to you but if you want to make things difficult no I don't make things difficult so hear me out okay and just be quiet for like 10 seconds so sorry I'm so sorry okay okay this is public housing okay understand that there's rules and regulations that they sign when they first move in understand I'm not breaking the rules you keep obviously okay but still you're here I I it doesn't matter you're here and you don't leave live here I know that for a fact I found him okay so listen to me okay okay and please just be quiet okay your trespassing number one no I'm not yes you are no I'm not number two okay you're not allowed to be here past certain hours I did not know that listen to me okay can you just shut the fu up L for 10 seconds why are you talking to me because you don't listen you don't listen you're just like Jus Garcia you want to argue all the time okay but you're not listening can you just give me and I'll go no I'm not going to get I'm not going to do that why not okay number one this car isn't drivable yes it is okay that closes okay number two it's not stolen it's insurance I didn't say it was stolen okay okay so you're trespassing though okay there's rules I don't care if you know it or not I'm telling you officer Hernandez should care as to convict a person of Criminal Trespass in the state of New Mexico the state would have to prove Beyond a reasonable doubt that Teresa entered or remained on property without permission of the occupant and there goes the entire case and we didn't even get past the first question on JY instructions and the fact that you're making it difficult I'm asking you to step out of the [ __ ] car that's resistant obstructing okay yeah when I ask you to do something you got to step the out okay you understand yes okay so next time you're here and you're visiting butterfly at these strange [ __ ] hours of the time remember that rules and regulations you can't be here past C hours this is an elderly disabled Community that's why these rules and regulations are here okay yes so again what is your [ __ ] name can you be nice yes what's your name Terry Terry what Garcia Garcia what's your date of birth unless I'm sorry it's yeah I was going to say you you just lied to me once already so you're about to get put in handcuff lab okay thank you what is your date of birth 78 Hernandez asks once more for Terry's information let me ask you do you have warrants no no do you have a valid driver's license I have picture it no it's fine so if I run your name you're going to have a valid driver's license okay Verity Jus Garcia be aware I'm going to put a warrant out for your arrest get back on the property when you're told not to be is you're going to get arrested listen to me listen to me okay again you make stupid fing comments all the [ __ ] time cuz you don't want to listen okay the judge told you cuz I spoke to the judge the last time I put that warrant out you're not to be on the property doesn't matter if you're in the [ __ ] car doesn't matter if you're flying over the [ __ ] air you're on the property okay I'm going to put a warrant out for your arrest okay be aware about who you hang out with man stand by real quick Hernandez now calls in the stop to dispatch moment passes and Terry asks if she can sit down you have sit down [Applause] [Music] [Applause] what your dat birth again what's your date of birth as Hernandez gathers the passengers information Terry suddenly starts her vehicle and backs out of the parking spot as she drives away from the officer he fires several shots into the vehicle stop stop carry is hit and can no longer control the vehicle the tires hit a curb and the car rolls down the street shots fir shots fir officer Hernandez chases down the vehicle but does nothing other than argue with the passenger stop stop get out get out sir What the fu stop the car stop the car put the car in park put the car in park get out get out get out get out get out get out TR and give me medical assistance get out get out this ised up man 84 C start me fire 55 please man we wer doing nothing she almost hit me with the car get out in the beginning I'm saying out get out [ __ ] you man that's crazy man stay with me stay with me stay with me stay with me she almost hit me with the car I know but we weren't doing it in the beginning it doesn't matter I'm not trying to find out what's going on here and you're trespassed I recognize your trespass doesn't matter stay with me though she posed no threat of physical injury to anyone Hernandez failed to offer any medical assistance whatsoever and once another unit arrived on scene he left to retrieve his bicycle and flashlight stay with me [Music] stay with me come on stay with me f stay with me huh yeah so I'm trying to get her out but I don't know where she's hit at lost my flashlight over there okay flashlight grab my flashlight real quick [Applause] where's you want to go stand by with over there yeah yeah yeah man as he walks away Hernandez finally turns off his music before being escorted from the scene yeah huh okay uh don't want to grab my bike or I'll grab it have to leave it there leave it there no well it was I was actually over there but I ended up moving it just cuz I don't want to [Applause] get stol a recent police shooting is drawing concern in Southern New Mexico body cam video shows a Las cruus police officer shoot a woman slowly driving away during a trespassing investigation video before the shooting shows officer Felipe Hernandez yelling and cursing at Gomez repeatedly lcd's interim police chief says the video is troubling but also explains why an officer might shoot someone driving away um generally speaking officers use deadly force to prevent someone who's fleeing when that person poses a significant threat of death or serious Bly harm to the officers or others a month after the incident no charges had been filed so James Freeman traveled 4 hours to visit the DA's office and to ask questions no unauthorized weapons Beyond this point which weapons are authorized the ones that uh shoot people in the back he was initially greeted but did detective Luna um you guys aware of uh Felipe Hernandez an officer with uh Los crus Police Department murdering someone I'm aware of the case yes sir okay is it being investigated from my understanding yes okay um I was just trying to get information this morning by calling and just finding out who's investigating it when they expect an arrest to be made and uh nobody wanted to answer any questions so I said okay well I'll just come down there in person and ask you guys know how long it us it typically takes to make an arrest when you have probable cause that someone committed a murder for I'd be guessing if I gave you an answer okay probably pretty quick usually on scene is is what I've seen so if I showed you a video of somebody committing murder do you think you'd be able to go to a judge real quick and get a warrant I mean every I mean you know like I mentioned earlier you know I haven't investigated a homicide myself before you know so okay I'd be guessing all I can tell you as of right now the case is being investigated um I can't tell you who um I mean that's the it's still under investigation it's um I don't know what uh what that's they can give you at this point okay but uh but at this time he hasn't been arrested is that right I I I don't know I can't like I said it's still under investigation I have no answers for you um I'm sure whoever's investigating is also uh doing their work and I'm sure uh when the time is uh when it's time they'll they'll give you the information that that you okay that you'll be Avail available to get i' I mean I've heard before um you know give us time to investigate thing is that I'll bet you anything if I were to go out there right now and shoot someone in the back as they're running away from me I'd be in handcuffs instantly right and we're talking about what 23 24 days now since that murder occurred and and I haven't heard anything about his arrest MH so I I hope you can understand how concerning that is you know it's not like you know I came in here the very next day I didn't even come in here the day after you know the body cam footage was released or you know we're we're this is a long time to go without arresting a murderer and and I I don't see this happen when it's private individual give you this yeah this is the number to the office to this office San is our public information officer okay and any questions will be directed towards her okay um can you tell us whether your office is in this whether the office can't answer any questions can't answer all questions have to be to how come when a citizen murders somebody all questions have to be directed towards her is there a reason you're being so abrasive aggresive abrasive abrasive because I cannot answer any questions okay you don't need to be combative with me I'm conducting an investigation here standing right but you can call that number and talk to her rockan she can address any questions you may have okay is there a reason you're being so combative when I'm trying to conduct my investigation I think your def definition of comb of mind is different okay so if a citizen murders somebody you can easily tell me whether you're whether the DA's office is investigating it or not it's instant but all of a sudden any questions that you have please direct to roxan all right here's the thing I don't know if why the arrest hasn't been made do you guys not know where he lives again all questions need to be directed towards our public information officer with with with all due respect sir I can direct questions anywhere I want want them you can refuse to answer question if you want them answered you need to direct them to her is she here right now no and she works in this DA's office yes okay and you can call the office you can leave a message for her and she'll call you back and she's not here right now not right now okay all right do you guys need information about his home address so you can go arrest him on a felony warrant or I mean what do you need all questions need to be directed towards roxand well I don't even know why you're standing here then if you can't answer questions I can't well I don't even know why you're standing here then because I gave you a piece of paper thank you for giving me the paper and you are free to leave sir this is my office no you can stay but I'm telling you you're now free to leave I've always been free to leave what's that I've always been free to leave sure so well I'm going to be asking questions so whether you want to stay here and choose not to answer them or whatever you want to do if you want to keep being combative with my investigation you know you can do whatever you want um but I'm going to continue to stay here and ask ask ask questions okay okay well you can call her and you can ask all your questions cool and she'll get back to you cool you can call her as well and let her know I'm sitting here waiting but this office will close at 5:00 and you will have to leave I'll be out at 5:00 be back in the morning good hey thank you sir uh Al alen thank you sir and and you as well thank you I appreciate you guys and you um you don't work for lost christas PD do you cuz you got the same badass attitude they do oh you might want to check it you might want to check it if you've ever questioned whether there were separate classes of citizens in the United States James outlines the answer here when a citizen commits a murder and records themselves shooting someone in the back they are arrested immediately immediately there is no lack of probable cause on that body cam footage I understand that uh it has to go to trial that a jury gets to decide and there may be some things in question that a jury could go one way or another but uh I don't think that uh any police officer or attorney anywhere would say that there's not probable cause for an arrest there 3 months after the incident the district attorney held a press conference regarding the shooting this case has secured a lot of attention Statewide and Nationwide and it has garnered a lot of outrage and what we are here to do is to tell you the following Filipe Hernandez was arrested or turned himself in rather on a charge of second deegree murder with a firearm enhancement a former police officer with the lasus police department is facing a murder charge Felipe Hernandez has been charged with murder in the October 3rd officer involved shooting there's a little bit of information that I wanted to share with you concerning officer involved shootings in the state of New Mexico first there is no standardized procedure there's nothing in statute that says how it should be done Hernandez turned himself in yesterday morning on a charge of second deegree murder with a firearm enhancement in the death of 45-year-old Teresa Gomez the shooting was investigated by the officer involved incident task force which is made up of a multiple New Mexico law enforcement agencies for the last 10 years this is the first case that has occurred wherein there has been a determination to charge the officer previously LCPD had not publicly identified Hernandez saying only that an 8-year veteran had been placed on administrative leave after the shooting Mr Hernandez's interactions with Miss Gomez his ability to manage protocol was non-existent his interactions with her just on a human level was exceptionally subpar and certainly did not meet the standards that LCPD demands of of its officers whenever they are encountering civilians in the field he also said she did not present a threat to the officer further mentioning that the decision was not taken lightly to charge Hernandez and said the charges will stand up to scrutiny there was no necessary necessity for him to use deadly force there was no self-defense Miss Teresa Gomez was not a fleeing felon because she did not present a danger to officer Hernandez or anyone else as a matter of fact after after the vehicle had traveled in a rearward direction for approximately 9 ft Felipe Hernandez was not in a zone of danger such that he could be harmed by the vehicle driven by Miss Gomez not at all it was also determined that there was sufficient time for Philipe Hernandez to make a decision not to shoot he failed to do so there's also no sufficient provocation that would cause this this situation to devolve from a second degree homicide second degree murder to a voluntary manslaughter accordingly we are going to proceed on second degree murder charges against Felipe herandez despite these charges Hernandez is currently free until his trial begins in June of 2025 I have decided that there will not be a pre-trial detention motion filed I will add this ask the risk to me that does not mean or diminish in any way shape or form the strength of our case family members tell our for investigates team they are stunned by the officer's Behavior I had to watch this video of her just gasping for air not being able to get help nothing anyone can do we just had to watch it but when you realize he could have done something in fact Not only was he free for 3 months after the homicide he wasn't fired from the Department for another 3 months after the announcement of these charges and as he now sits at home waiting for his trial this summer the city has agreed to pay Teresa's family a $20 million settlement the largest in the city's history the city of Les Cruses has reached a $20 million settlement with the family of a woman shot and killed by an accused officer last year Hernandez was relieved of his duties in May of 2024 and Hernandez's criminal trial on the second degree murder charge is scheduled to begin in June of next year the settlement with the city is separate from the criminal trial Hernandez faces and does not indicate criminal guilt in the case officials say quote this settlement should be understood as a as a statement of the city's profound feeling of loss for the death of Gomez and of the city's condolences to her family use the links below to check out the videos by James Freeman and let me know how you feel in the comments [Music]