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Who is Teresa Gomez? Family of grandmom who was fatally shot by cop as she 'sat in her car' files wrongful death lawsuit

Officer Hernandez, who killed Teresa Gomez, had previously been involved in multiple use-of-force situations
PUBLISHED NOV 5, 2023
Teresa Gomez, a 45-year-old grandmother, was fatally shot on October 3, by a police officer in New Mexico (Johny Gomez/Facebook)
Teresa Gomez, a 45-year-old grandmother, was fatally shot on October 3, by a police officer in New Mexico (Johny Gomez/Facebook)

LAS CRUCES, NEW MEXICO: A 45-year-old grandmother Teresa Gomez, who was attempting to drive away in her car in New Mexico, was fatally shot by a Las Cruces police officer in October.

Teresa’s family has now filed a wrongful death lawsuit citing excessive force in violation of her civil rights against the Las Cruces Police Department.

Early on October 3, shortly before five in the morning, Teresa was shot by Officer Felipe Hernandez, an eight-year veteran in the police force.

Teresa Gomez can be seen cooperating with Officer Hernandez in the body cam footage, moments before she was fatally shot. (City of Las Cruces/YouTube)
According to the body cam footage, Teresa Gomez cooperated with Officer Hernandez, moments before she was fatally shot (City of Las Cruces/YouTube)

Gomez, who had parked her car at a housing complex with her friend, Julio Garcia, had also been cooperating with the officer, according to the body camera footage released by The Las Cruces Police Department.

What happened at the scene?

Officer Hernandez appeared to recognize Garcia from past interactions and seemed to be aware that Garcia had been previously banned from the property. He started accusing her of breaking a judge's order and trespassing.

The officer can then be heard addressing Gomez in nine minutes of bodycam footage as he attempts to determine why she is at the housing complex. 

The officer was observed being belligerent throughout the exchange, using crude language and threatening to "tase" her and make her life "a living hell" if she didn't cooperate with his inquiry.

Officer Hernandez can be heard using crude language in his interaction with Teresa Gomez, shortly before he shot her. (City of Las Cruces/YouTube)
Officer Hernandez used crude language in his interaction with Teresa Gomez, shortly before he shot her (City of Las Cruces/YouTube)

Gomez mentioned that she’d been visiting someone at the address and explained that she was looking for her misplaced car keys.

The officer began to question their presence outside the public housing complex, alleging that her passenger was not permitted to be there.

Gomez clarified that she was not aware of any special visiting regulations, remaining composed throughout the conversation.

The grandmother was requested to exit her vehicle so that the officer could question her, and she did so without protest.

Gomez eventually found her car keys and got the officer's approval to return to the driver's seat.

But a few moments after that, she started her car with the door still open and drove out of her parking spot.

Hernandez retaliated by repeatedly calling for her to stop before firing three times, striking Gomez at least once.

Gomez started bleeding from her neck and was struggling to breathe. She was transported to a hospital but died as a result of her injuries.

What did her family and authorities have to say?

Teresa's family is baffled at the manner in which she was killed during what appeared to be a routine interaction.

Teresa's family is alleging the use of excessive force in violation of civil rights in the wake of her murder. (Johny Gomez/Facebook)
Teresa's family is alleging the use of excessive force in violation of her civil rights in the wake of her murder (Johny Gomez/Facebook)

Johny Gomez, Teresa’s son, told CNN, “If you've seen the video, the beginning – with just how the officer was talking to my mom…for any son, daughter, mother, father, like, it's hard to see someone, a grown man, talk to your mom like that - and that wasn't even the worst part,”

Teresa Gomez's sister, Angela Lozano-Gutierrez said, “'We didn't understand at what point it went wrong because it didn't seem like it could go wrong,”

“From everything that happened, it seemed like it was kind of, like, getting to the part where they were just going to let her go. And so, it was just shocking that it ended with her dying," she added.

Shannon Kennedy, the family's attorney, said in a statement, “The Las Cruces Police Department's lack of internal oversight and supervision has allowed a culture of aggression to develop, promoting an acceptance of unlawful use of deadly force contributing to the preventable death of Teresa Gomez.”



 

Officer Hernandez has been involved in multiple use-of-force situations in the past, according to the Las Cruces Police Department, and is currently on paid administrative leave while investigations continue.

Las Cruces Interim Police Chief Jeremy Story said in a statement, “It is certainly a matter of concern when there are controversial officer-involved shootings,”

“We take a critical look at training, policy, and equipment after all critical incidents and look for areas of concern that need to be addressed. Any response must be based on objective measures and cannot influence the criminal investigation,” he added.

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