WAS DEADLY FORCE REALLY NECESSARY IN THIS CASE?

New Mexico police officer convicted in shooting of man who stole other officer's Taser during struggle

 

by Pat Droney

 

Law Enforcement Today

Feb 16, 2025  

 

A still image from police body-camera footage provided by the New Mexico Office of the Attorney General shows Brad Lunsford approaching Presley Eze’s car outside a Chevron gas station in Las Cruces, N.M., on Aug. 2, 2022.

The Lunsford family.

 

 

LAS CRUCES, NM - Once again, a police officer who only had a split second to make a life-or-death decision has had his actions second-guessed by overzealous prosecutors and an ignorant jury that took less than three hours to deliberate the case, KTSM-9 reported. 

Now-former Las Cruces Police Officer Brad Lunsford was convicted of voluntary manslaughter this week for a 2022 shooting at a Las Cruces gas station. The trial took place over eight days. 

In August 2022, Lunsford questioned Presley Eze about the theft of beer at the gas station but could not confirm his identity. Lunsford and another police officer removed Eze from a vehicle to arrest him when a scuffle ensued. The New Mexico Department of Justice said Eze and the other officer ended up on the ground, with Eze on top. 

At some point during the struggle, Eze gained possession of the officer’s taser, although prosecutors allege it was never cycled or deployed. Lunsford believed the other officer, Keegan Arbogast, was in imminent jeopardy and shot Eze once in the head as he struggled with Arbogast. Lunsford’s defense team said he was following department policy. 

Prosecutors argued that Lunsford should have used different, less lethal options, such as his taser or his baton. 

Under testimony, Aborgast told the court he was “holding on for dear life” after being struck in the head. 

“I was really just holding on for dear life because after getting hit in my head, I really couldn’t function. I was kind of vulnerable, in a very vulnerable spot. So my main thing was just hold, hold on for backup. That’s all. That’s all I could really do. That’s all I was able to do,” he said. 

Meanwhile, the defense called Barry Brodd, a use-of-force expert who testified on behalf of former Minneapolis police officer Derek Chauvin, who was convicted of murder in the death of career criminal George Floyd. He testified Lunsford was justified in using deadly force. 

“Officer Lunsford recognized that as soon as Eze had disarmed Officer Arbogast of the taser and armed himself with the taser, the situation completely changed,” Brodd said. 

“Now Officer Lunsford made a decision that Officer Arbogast was in imminent jeopardy,” he continued. 

As part of the investigation into the shooting, agents with the New Mexico Attorney General’s Office spoke with use-of-force experts, who, after looking at body camera and surveillance footage of the shooting, concluded that Lunsford didn’t exercise a reasonable use of force under the circumstances, and should have considered other less lethal options. 

“Today’s verdict reaffirms a fundamental principle: no one is above the law–not even those sworn to uphold it. Officer Lunsford’s actions were not just a tragic lapse in judgment; they were an egregious abuse of power that cost Presley Eze his life,” New Mexico Attorney General Raul Torrez said in a press release. “The jury’s swift decision underscores the gravity of this case and sends a clear message that excessive force will not be tolerated in New Mexico. Our office will continue to hold law enforcement officers accountable when they violate the public trust and betray the communities they are meant to protect.” 

“No one is above the law?” Except for US Capitol Police Capt. Michael Byrd, who killed unarmed Ashli Babbitt in cold blood on Jan. 6, 2021. But we digress. 

The Las Cruces case bears a stark resemblance to the 2020 case in Atlanta, Georgia, where 27-year-old Rayshard Brooks was killed in a Wendy’s parking lot after he stole a taser from an officer who tried to arrest him for DUI, CNN reported at the time. Two Atlanta police officers–Garrett Rolfe and Devin Brosnan–were charged with murder and assault in that case. Those charges were dismissed by a Georgia special prosecutor two years later, saying the officers acted reasonably in response to a deadly threat. 

“Both acted as reasonable officers would under the facts and circumstances of the events of that night,” special prosecutor Peter Skandalakis said. “Both acted in accordance with well-established law and were justified in the use of force regarding the situation.” 

Brooks was confronted by the officers outside a Wendy’s restaurant after he was found asleep in a vehicle at a drive-thru at the restaurant. A struggle ensued when Brosnan and Rolfe tried to place him under arrest. Brooks stole Brosnan’s taser and ran away. Rolfe took after him, and as he fled, he turned back and fired at Rolfe, who then shot Brooks twice, once in the back and once in the buttocks. Brooks succumbed to his wounds. 

That shooting, which took place only weeks after the Floyd death, resulted in violent protests in Atlanta, and the Wendy’s restaurant was burned to the ground. 

Only five days after the shooting, former Fulton County prosecutor and George Soros plant Paul Howard announced charges against Rolfe for felony murder, aggravated assault, violations of the oath of office, and criminal damage. Brosnan was charged with aggravated assault and violating his oath. 

Howard was fired several months later during his reelection campaign. He was replaced with Trump-hating Fani Willis, who recused herself from the case. This led to Skandalakis being elevated to lead the case. 

This is the difference between a police-involved shooting in a blue state (New Mexico) and a red state (Georgia). Police have a fighting chance in a red state, whereas they have little chance in a blue state under very similar circumstances. 

Law Enforcement Legal Defense Fund has set up an account for Lunsford.