Murder charge dropped against ex-Las Cruces police officer
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LAS CRUCES, N.M. — A judge dismissed a second-degree murder charge Thursday against a former Las Cruces police officer accused of choking and killing a 40-year-old man in 2020.
A judge determined Thursday that the state failed to provide enough evidence to move forward with trying Christopher Smelser for second-degree murder.
Smelser was accused of choking and killing Antonio Valenzuela, 40, during a traffic stop. Valenzuela was sitting in the passenger seat of a car pulled over by police, which is when they discovered a warrant for a probation violation. Upon this discovery, video showed Valenzuela took off running until Smelser caught up to him and said, “I’m going to (expletive) choke you out,” as he used a controversial ‘vascular neck restraint’ technique.
A medical examiner determined Valenzuela died from asphyxial injuries due to physical restraint. The examiner also found methamphetamine in his system, which was believed to be a contributing factor in his death.
Smelser’s trial began Monday and jurors heard from witnesses, including some of the officers who were on the scene that day.
![](https://www.kob.com/wp-content/uploads/2022/07/CED43FE224402DB2843486F92CF6519E.jpg)
It is unclear if prosecutors will appeal the ruling.
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