Las Cruces finalizes record $20 million settlement in Teresa Gomez police shooting
The settlement comes more than a year after former Las Cruces Police Department officer Felipe Hernandez fatally shot Teresa Gomez.
Organ Mountain News report
LAS CRUCES - The City of Las Cruces has reached an historic $20 million settlement with the family of Teresa Gomez, marking the largest civil settlement in the city’s history and believed to be the largest in New Mexico for a police-related killing.
The settlement comes more than a year after former Las Cruces Police Department officer Felipe Hernandez fatally shot Gomez, 45, during an encounter on October 3, 2023, at a public housing complex. Hernandez, who is no longer employed with LCPD, faces criminal charges including second-degree murder, with his trial set for June 2, 2025.
Civil settlement and accountability
City officials announced they are in the final stages of financing the $20 million settlement, which resolves a lawsuit filed by Gomez’s estate in U.S. District Court shortly after her death.
“This settlement should be understood as a statement of the city’s profound feeling of loss for the death of Gomez and of the city’s condolences to her family,” a city news release stated. Officials emphasized that the settlement does not indicate criminal guilt by Hernandez, who is presumed innocent until proven otherwise.
The Las Cruces City Council reviewed and approved the settlement terms during closed sessions. Because of the size of the settlement, an ordinance to formalize financing for the payment will be brought before the council in January 2025.
The incident
Body camera footage captured the fatal encounter, which began as Hernandez approached Gomez and a male passenger in a parked car on Burley Court. Hernandez, reportedly using profanity and threats, initially ordered Gomez out of the vehicle and told her the car was undrivable. At one point, he threatened to use a Taser on her and arrest her passenger for trespassing.
After Hernandez allowed Gomez to re-enter the vehicle, she attempted to drive away. Hernandez responded by shooting her multiple times, resulting in her death.
“The actions on the morning of Oct. 3, 2023, were so severe that charges were brought against Hernandez,” the city stated. "The City of Las Cruces and the Las Cruces Police Department are committed to accountability, as shown by LCPD’s prompt decision to charge Hernandez."
Criminal charges, employment actions
Following an investigation by the Doña Ana County Officer-Involved Task Force, LCPD filed a criminal complaint against Hernandez on Jan. 9, 2024, citing probable cause for a felony second-degree murder charge. Hernandez was arrested and later relieved of his duties following an administrative review in May 2024.
District Attorney Gerald Byers, who announced the charges in January alongside Police Chief Jeremy Story, described Hernandez’s actions as falling well below department standards.
“From the very beginning of Mr. Hernandez’s interactions with Ms. Gomez, the ability to manage protocol was nonexistent,” Byers said during the announcement. “Interactions with her, just on a human level, was exceptionally subpar and certainly did not meet the standards that LCPD demands of its officers.”
Hernandez’s criminal trial is set to begin in June 2025. The city reiterated its respect for the criminal justice process and Hernandez’s constitutional rights, including the presumption of innocence.
Implications for the city
The $20 million settlement underscores the city’s efforts to address police misconduct and rebuild community trust. Las Cruces Police Department officials emphasized the department's continued commitment to accountability and transparency in such cases.
“This settlement represents an important step in acknowledging the impact of this tragedy,” the city said, noting its largest-ever civil payout reflects the gravity of the incident.