In this week’s episode, we’re talking about the second-degree murder case against former Las Cruces Police Department officer Christopher Smelser. The case against Smelser, who stood accused of killing Antonio Valenzuela on Feb. 29, 2020, by placing him in what’s known as a vascular neck restraint, came to an abrupt end Thursday morning — the fourth day of the trial. That’s when 3rd Judicial District Judge Douglas Driggers granted the defense team’s motion for a “directed verdict,” essentially finding that the state had not met its burden of proof — and that a reasonable jury could not see it any other way.
The ruling came the morning after the state rested its case, having put 17 witnesses on the stand. And, with that, the charge was dismissed and Smelser walked out of the courthouse a free man.
The directed verdict is something defense attorneys ask for in nearly every jury trial; however, they’re almost never granted — at least in recent local memory.
We’ll talk to reporter Justin Garcia, who covers public safety, cops and courts for the Las Cruces Sun-News about the directed verdict heard around the state.