EL PASO, Texas (KTSM) — A district court judge has ruled there was probable cause to proceed with first-degree murder charges against Otero County Deputy Jacob Diaz-Austin after he allegedly shot and killed a 17-year-old boy in June 2024, according to the Bernalillo County District Attorney’s Office.
The District Attorney’s Office says on Thursday, March 13, Bernalillo County District Attorney Sam Bregman, and Chief Deputy District Attorney Natalie Lyon presented evidence in court that included video, photos, and testimony.
The District Attorney’s Office submitted first-degree murder charges against Diaz-Austin back in January in the death of Elijah Hadley, 17.
As we have previously reported, on June 25, 2024, Hadley was involved in an officer-involved shooting when he was walking along U.S. Highway 70 near the Mescalero Apache Reservation. Diaz responded on a welfare check call when he “opened fire, killing Hadley,” the DA’s Office said.
New Mexico State Police said that Hadley had allegedly pointed an airsoft gun at the deputy when he was shot and killed, according to the initial reports sent out to media last summer.
“Bernalillo County District Attorney Sam Bregman and Chief Deputy District Attorney Natalie Lyon spoke to the Hadley family this afternoon and informed them of the decision to charge Deputy Diaz. District Attorney Bregman and Chief Deputy Lyon will be prosecuting this case,” the DA’s Office said.
In July 2024, prosecutors with the 12th Judicial District in Alamogordo “conflicted out this case” and asked the Bernalillo County DA’s Office to accept it and determine whether prosecution was appropriate, according to the Bernalillo County DA’s Office.
The family of Elijah Hadley issued the following statement when the charges against Dias-Austin were submitted:
“The family of 17-year-old Elijah Hadley hopes the District Attorney’s decision to charge
Otero County Sheriff’s Deputy Jacob Diaz-Austin with First Degree Murder is a step towards justice. Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good
person. The deputy shot Elijah 20 times — at least 15 of those shots came as he laid on the
ground, bleeding, unarmed, and screaming in pain. We demand accountability, and we will
not stop until justice is done.”
The Otero County Sheriff’s Office says the shooting was reviewed, including three independent reviews. Diaz was cleared to return to full duty status as a patrol deputy on Sept. 16, 2024, about 2 1/2 months after the shooting.
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