Las Cruces police chief highlights system failures after suspect's quick release

LAS CRUCES, NM (KFOX14/CBS4) — The Las Cruces Police Chief released details about what led to the “officer-involved shooting,” saying the suspect’s arrest and quick release highlight the “problems with our system.”

Friday morning, Las Cruces police held a news conference to share the moments leading up to an officer-involved shooting that ended with the wounding and arrest of 50-year-old suspect Danny Garcia De Leon.

After the shooting, De Leon was charged with:

Heavy attack
Aggravated assault on a peace officer

Two charges that Las Cruces Police Chief Jeremy Story called “serious misdemeanor charges” and raised concerns when Garcia De Leon was released “on his own recognizance” just 12 hours after his arrest.

A fact that led Story to state:

“In my opinion, it is a significant issue that continues to highlight the problems with our system.

This is because Story later told reporters at the press conference that he was there to lay out the facts about the incident and not share his personal opinion on the matter.

KFOX14/CBS4 contacted Story to explain his thoughts.

In the meantime, let’s take a look at what led up to the shooting.

RELATED: Task force investigates officer-involved shooting in Las Cruces

According to Story, it all started around 10:30 p.m., with a 911 call “subject with a gun” coming from a resident of an apartment complex located on the 1300 block of S. Espina Street.

The caller told the 911 dispatcher that he was taking out the trash when he encountered the suspect who was armed with a gun, a knife and a bow.

The caller then told dispatch that at some point during the encounter the suspect had brandished the knife and pointed the gun at him.

I’m going to call the police if you don’t put that damn gun away,” the caller claims he told the suspect when he saw the gun.

Below you can listen to part of the 911 call, where you can hear what appears to be yelling in the background as the caller tries to explain the situation to the dispatcher:

Story then shared bodycam footage of the two responding Las Cruces police officers.

In the video, the two officers can be seen shining their flashlights at the suspect, causing the suspect to drop the knife he was allegedly holding and run into his apartment.

The video then appears to show the suspect emerging from his apartment again with a gun, causing an officer to take cover behind a dumpster before the suspect disappears into his apartment once more.

The suspect leaves his apartment again, this time shouting at officers:

Why are you here?! Why are you here?!

–and officers responding,

Show me your hands! Don’t reach…

–before opening fire on the suspect.

The video shows one officer pulled the trigger five times before reloading his weapon.

After the shots are fired and the smoke clears, the suspect is seen returning to his apartment and slamming the door.

Below you can watch the bodycam clips provided by the story:

After the shooting, investigators photographed the weapons the suspect had with him.

The gun in question, a silver revolver with a black grip, turned out to be a ‘replica’ and not a real gun.

The suspect received medical attention at the scene (police did not release the extent of his injuries).

Garcia De Leon was arrested and taken into custody around 4 a.m. Tuesday.

Then, around 4 p.m. that same day, Story said the suspect was “released on his own recognizance.” A fact that prompted Story to share his opinion, citing this fact as an example of the flaws in the ‘system’.

His opinion echoes what Dona Ana County’s new district attorney, Fernando Macias, said earlier this week.

While outlining his plans to combat crime in the area on Tuesday, Macias said offenders must be held accountable before being released from custody.

Too many people are coming out of prison and they don’t get a trial or any level of accountability for an extended period of time and during that period of time they get into trouble again,” Macias said.

You can watch the press conference in its entirety below:

The officer who committed the shooting was placed on paid administrative leave while the investigation continued.

The Dona Ana County Officer-Involved Incident Task Force – consisting of the New Mexico State Police, the Dona Ana County Sheriff’s Office, the New Mexico State University Police Department and the Las Cruces Police Department – is investigating the incident.