EL PASO, Texas (KTSM) — The family of a 17-year-old teen who was shot and killed by an Otero County deputy during a roadside “welfare check” filed on Wednesday, June 25, state and federal wrongful death claims against the deputy and county commissioners.
Logan Trial Lawyers, LLC and the Dodd Law Office, LLC announced in a news release.
In the lawsuit, which was filed on Wednesday in federal court in Albuquerque, Otero County Sheriff’s Deputy Jacob Diaz-Austin and the Board of Commissioners of Otero County are accused of violating the 4th and 14th Amendments of the U.S. Constitution and state civil rights laws in the killing of Hadley a year ago, according to the law firms.
The law firms said that on the night of June 25, 2024, Elijah Hadley was walking along U.S. Highway 70 near his home with an unloaded BB gun when he was confronted by Diaz-Austin during a welfare check for a person walking in the highway median.
Evidence shows that Hadley tossed the BB gun into the grass when ordered to show his hands – and he never threatened or pointed the gun at the deputy, according to the court filing.
After Hadley tossed the unloaded BB gun to the grass, Diaz-Austin shot Hadley four times with his Glock service weapon, according to the lawsuit, and then watched him “writhe in pain, lose control of his body, and convulse,” before then firing bursts of nine and five shots into the teenager over more than three minutes.
The law firms said Diaz-Austin is accused of then reloading and firing a final volley of four bullets into Hadley’s limp body. He did not render aid. Evidence also shows he responded to the welfare call, driving at speeds over 120 miles per hour, and blaring “In Da Ghetto” on his stereo, the lawsuit alleges.
“Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good person. He should still be here today. Our family will not stop until justice is done,” Eva Hadley, the mother of the teen victim, said.
The Hadley family is represented by Tyson E. Logan, of Logan Trial Lawyers, LLC, of Santa Fe, New Mexico, and Christopher Dodd, of the Dodd Law Office, of Albuquerque, according to the news release.
“The deputy shot Elijah 22 times — many those shots came as he laid unarmed on the ground, screaming in pain. After calling him ‘bro’ and ‘dog,’ the deputy shot him over and over and over again,” Logan said.
“By looking the other way in the death of Elijah, the Otero County Sheriff’s Office sent a terrible message to residents and visitors of the county, but the Hadley family will not be intimidated,” Dodd said.
The Otero County Sheriff’s Office “ratified” Diaz-Austin’s conduct and returned him to full duty, according to the lawsuit.
In March, however, a district court judge in Otero County ruled there was probable cause to proceed with first-degree murder charges against Diaz-Austin, and he awaits trial in that case, according to the news release.
“We believe the evidence is as overwhelming as it is appalling. It’s clear that Elijah’s tragic death was unnecessary and that this kind of callous, reckless use of lethal force by a deputy simply cannot be ignored,” Logan added.
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