Family of deceased grandmother received payout for excessive force case.
Las Cruces, New Mexico, recently reached a $20 million settlement with the family of Teresa Gomez, a 45-year-old grandmother shot and killed by a city police officer back in October 2023. The settlement follows a federal lawsuit filed by Gomez’s family against the city, its police chief, and several officers. This settlement marks the largest civil pay out in the city’s history, and the incident itself has raised questions about potential police misconduct and the policies concerning officer interactions with the public.
The encounter began when Officer Felipe Hernandez, patrolling the area on his bicycle, approached Gomez, who was sitting in her car outside a public housing complex. According to body-camera footage, Hernandez accused the grandmother and her passenger of trespassing and quickly grew hostile, issuing commands laced with profanity and threats of arrest. Gomez explained that she was visiting someone at the address and was simply looking for her misplaced keys. She repeatedly stated she was unaware of any specific rules about parking in the area, yet Hernandez continued to press her with aggressive questioning. Despite Gomez’s efforts to explain, the officer became even more aggressive.
During the interaction, Hernandez directed Gomez to exit her vehicle, though he did not question her passenger with the same intensity. Gomez briefly got out of the car and responded to some of the officer’s questions before eventually finding her keys and, with Hernandez’s permission, sitting back in the driver’s seat. Moments later, she started the engine, shifted the car into reverse, and began to pull back before changing gears to drive. At that point, Hernandez shouted for her to stop three times. When Gomez did not comply, he opened fire, striking the woman multiple times.
The lawsuit filed by Gomez’s family argued that Hernandez’s actions were unwarranted, as the grandmother posed no threat to him or anyone else in the area. The complaint emphasized that Hernandez’s decision to use deadly force was unjustified and that he callously left Gomez to bleed out in her car while he retrieved his bicycle and flashlight, showing no immediate concern for her condition. The suit further alleged that the Las Cruces Police Department had long promoted a culture of indifference toward escalating interactions between their officers and the public, allowing law enforcement to use deadly force even when there was no clear danger. Additionally, the family’s attorneys argued that the city had a troubling history of using excessive force, particularly against people of color. Gomez was Hispanic.
Following an internal investigation, Hernandez was dismissed from his position with the police department. He now faces a second-degree murder charge and has pleaded not guilty. His trial is scheduled for June 2025, and while he awaits trial, the case has brought increased scrutiny to the Las Cruces Police Department and its approach to community policing. City officials have publicly expressed condolences for Gomez’s death, yet her family has not received a direct apology, according to her sister, Angela Lozano-Gutierrez. Lozano-Gutierrez described the video footage as deeply disturbing and said the family is still attempting to cope with the shock and pain of their loss.
The $20 million settlement provides some financial resolution, but Gomez’s family members have emphasized that no settlement can replace their loved one. They have found solace in each other, supporting one another through grief as they adjust to life without her. Lozano-Gutierrez shared that Gomez would have wanted them to continue living fully and finding happiness, even in the face of a tragedy like this. Although the legal case may close with the settlement, the family hopes that Gomez’s story will lead to meaningful changes in how police approach similar interactions.
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Teresa Gomez shooting: Las Cruces, New Mexico has reached a settlement
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