LAS CRUCES, N.M. – The Las Cruces Police Department is going to pay $20 million after reaching a settlement with the estate of a woman who a former police officer shot and killed. 

Officials say officer Felipe Hernandez shot and killed 45-year-old Teresa Gomez in October 2023. It happened while Gomez was reportedly driving away from Hernandez.

Police body-cam video from the incident appears to show the officer questioning Gomez near her vehicle. He could be heard stating that he believed Gomez was trespassing, which she refuted multiple times.

Earlier this year, Doña Ana County District Attorney Gerald Byers announced Hernandez was charged with second-degree murder with a firearm enhancement.

Byers noted that Gomez could be seen backing up her vehicle toward the officer, but he noted that Hernandez was not in the “zone of danger” when he fired his weapon.

In a statement, Gomez’s family says they’re grateful to the City of Las Cruces for recognizing the injustice of Teresa’s death. They trust that the city will redouble efforts to make sure no other family suffers the tragedy of losing a loved one to abusive police conduct. 

The city says Hernandez was relieved of his duties in May 2024.

This settlement is the city’s largest agreement in a civil lawsuit. An ordinance will be brought to city council this coming January to approve financing the settlement.

Hernandez’s criminal trial on the second-degree murder charge is scheduled to begin June 2025.

The Gomez family sent the following statement:

“The parents, the children and the siblings of Teresa Gomez continue to mourn her loss. They are grateful to the City of Las Cruces for recognizing the injustice of Teresa’s death. They trust that the city will redouble efforts to make sure no other family suffers the tragedy of losing a loved one to abusive police conduct. They further hope that the criminal justice system will work efficiently and fairly for all parties. Even today, Teresa’s children can’t help but look at their children and long for their loving grandmother to be back with them now and for the future. They are ever hopeful for a peaceful and eternal reunification in heaven under God’s love.”

The City of Las Cruces also sent the following statement:

“The City of Las Cruces has agreed to terms in a civil lawsuit brought by the Estate of Teresa Gomez and is in the final stages of financing the $20 million settlement.

Teresa Gomez, 45, was shot and killed by Felipe Hernandez, a former Las Cruces police officer, after an interaction in the early-morning hours of Oct. 3, 2023. Later in October of 2023, a lawsuit was filed by Gomez’s estate in U.S. District Court. After LCPD determined there was probable cause to charge Hernandez with second-degree murder, LCPD filed a criminal complaint on January 9, 2024 against Hernandez.

The City of Las Cruces determined that the actions on the morning of Oct. 3, 2023 were so severe that charges were brought against Hernandez. 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. Hernandez was arrested in January 2024 and charged with a felony count of second-degree murder.

Following an administrative investigation, Hernandez was relieved of his duties in May 2024 and he no longer works for the City of Las Cruces. 

Las Cruces City Council met in closed sessions to review their options and reach consensus on terms in the settlement. This settlement is the City’s largest agreement in a civil lawsuit. An ordinance will be brought to City Council in January 2025 to approve financing the settlement.

Hernandez’s criminal trial on the second-degree murder charge is scheduled to begin June 2, 2025. The City understands its obligations to uphold and protect the constitutional rights of Hernandez, including his presumption of innocence in the pending criminal case. The settlement reached with the Gomez estate should in no way indicate criminal guilt by Hernandez. Hernandez is considered innocent until and unless he is proven guilty in a court of law. The City will respect the criminal justice process and the outcome of that process. 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.”