LAS CRUCES, N.M. (KRQE) – A former Las Cruces police officer who was convicted earlier this year for shooting and killing a man is getting a new trial. The Doña Ana District Court cited errors in the handling of the jury during the trial of former Las Cruces Police Officer Brad Lunsford and possible juror bias.
Lunsford’s attorney says he is ready to head back into the courtroom saying Lunsford is eager to clear his name. “It’s been an answer to prayers from not only just the Lunsford family, but from all of their supporters and law enforcement as a whole,” said Matt Chandler, Lunsford’s new trial attorney.
“When mistakes are made that threaten a fair trial, they must be corrected, even over the objection of the attorney general’s office. Those mistakes have to be fixed. And so today’s ruling is a victory for due process and really for every citizen who believes in fairness,” continued Attorney Chandler.
Lunsford was found guilty of voluntary manslaughter for killing 36-year-old Presley Eze, who allegedly stole beer. The encounter quickly became violent when Officer Lunsford shot Eze in the back of the head.
Lunsford’s defense team says they plan to present evidence that justifies Lunsford’s decision to shoot Eze, but the state says the conviction should stand.
Attorney General Raul Torrez say he plans to appeal the court’s decision granting a new trial in the coming days, “It’s a sad day when a judge, through their own error, has decided, well, that verdict doesn’t get to stand, but we’re prepared to take it forward and do everything we can to uphold not only that verdict, but increase everyone’s sense that our courts are a place where everyone is treated equally and fairly.” Torrez continued saying, “We are going to do everything we can to restore this conviction and to make sure that the victim’s family has justice in this case.”
Torrez says if they are forced to try the case again, his office will file a motion to recuse Judge James Foy for what Torrez calls an “inability to manage and maintain his courtroom.”
The new trial date has not yet been set. News 13 reached out to Eze’s family, but has not heard back.
