Death of New Mexico Man Held by Neck in Police Encounter Ruled Homicide

A New Mexico medical examiner ruled Friday that the February death of a man who had been placed in a controversial choke hold by a police officer after a traffic stop was a homicide.

Antonio Valenzuela, 40, died during the early hours of February 29 after a Las Cruces, New Mexico police officer held him in a "vascular neck restraint" when attempted to flee during a traffic stop. Valenzuela, who was wanted on a parole violation warrant, was chased down and tased multiple times by police before being placed in the choke hold by officer Christopher Smelser.

The medical examiner's report determined that Valenzuela had "died of asphyxial injuries due to physical restraint," noting a crushed Adam's apple, brain swelling and hemorrhages to his eyes and neck muscles. Methamphetamine intoxication was listed as a contributing factor.

After the report was released, the Dona Ana County District Attorney's office said they intend to charge Smelser with involuntary manslaughter, according to local NBC affiliate KTSM. The officer was placed on administrative leave immediately after Valenzuela's death and is in the process of being fired by the Las Cruces Police Department.

"Words are insufficient to bring comfort to Antonio Valenzuela's family, but I extend my sincere condolences for their loss," Las Cruces Police Chief Patrick Gallagher said in a statement obtained by Newsweek. "It is a tragic day for everyone involved when there is an in-custody death or a death as a result of a police apprehension. Once we learned of the findings in the Medical Investigator's report, we felt in necessary to immediate initiate termination proceedings."

The medical examiner's report comes amid widespread protesting throughout country in response to the death of George Floyd, a 46-year-old unarmed black man who died after a white police officer used his knee to pin Floyd's neck to the ground for an extended period in Minneapolis, Minnesota on May 25.

The ongoing protests against police brutality and racial injustice have amplified calls from advocates who urge that police be banned from using various neck holds that can result in serious injury or death by restricting blood flow to the brain.

On Friday, Minneapolis prohibited police from using any kind of choke holds or restraints. California Governor Gavin Newsom also called for police to immediately cease training officers to use the tactic. The Las Cruces Police Department banned the maneuver after Valenzuela's death.

Valenzuela's family hope for additional reforms that could help reduce the likelihood that others will have to deal with emotional turmoil caused by the preventable death of a loved one.

"I don't want another person to get hurt. I don't want to see another family go through our pain and I don't want to hear of another death at the hands of an officer. It's not right," Valenzuela's aunt Sylvia Montoya told the Las Cruces Sun-News. "All we want is justice."

Newsweek reached out to the Dona Ana County District Attorney's Office for comment. This article will be updated with any response.