Christopher Smelser stands accused of killing Antonio Valenzuela, 40, on February 29 after placing him in a vascular neck restraint.
in February were increased from involuntary manslaughter to second-degree murder Thursday when New Mexico Attorney General Hector Balderas announced his office would be taking over the case.
Police video from the incident shows Smelser cursing at Valenzuela and telling him he was going to,"“We are taking over prosecution and focusing on appropriate charges for violent and dangerous chokeholds,” Balderas said. In a statement, Third Judicial District Attorney Mark D'Antonio said his office maintains the integrity of the fair trial process in the continuation of efforts to ensure justice is served for the victims and defendants.
"In the pursuit for justice and given the seriousness of the charges against Las Cruces Police Officer Smelser, we agreed that this case be adopted and prosecuted by the New Mexico Attorney General," D'Antonio said.
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