LAS CRUCES, N.M. — A judge ordered a new trial for former Las Cruces police officer Brad Lunsford, who was convicted of voluntary manslaughter in the 2022 death of Presley Eze, KFOX 14 reported.
The Oct. 6 ruling follows motions alleging an improper juror replacement and juror bias, according to KFOX.
Lunsford was found guilty in February 2025 for shooting Eze during an arrest attempt at a Chevron gas station on Aug. 2, 2022, according to the report. Body-worn camera and witness cellphone video shows Lunsford appearing to place his firearm at the back of Eze’s head before firing. Prosecutors said Eze had allegedly stolen a beer and later gained control of another officer’s TASER before the shooting occurred.
In late September, Lunsford was released from custody after the presiding judge acknowledged errors in jury handling. Defense attorneys argued these issues undermined the fairness of the trial and warranted a retrial.
The New Mexico Attorney General’s Office said it plans to seek a new conviction.
Lunsford’s attorney, Matt Chandler, welcomed the decision, calling it a victory for due process.
“Today’s ruling reaffirms that justice must be built on truth, transparency, and the rule of law,” Chandler said, adding that he believes a fair trial will result in Lunsford’s exoneration.
Deputy Charles Riley, who was married with two children, died from his injuries; Detective Brett Stassi Jr., the son of Iberville Parish Sheriff Brett Stassi, remains hospitalized
The Chicago Police Department disputed DHS Assistant Secretary Tricia McLaughlin’s statement, saying that its officers were on the scene
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