LAS CRUCES – A wrongful death and civil rights lawsuit has been filed against the City of Las Cruces, two Las Cruces police officers, and the Mesilla Valley Regional Dispatch Authority in connection with the 2025 death of a 28-year-old Army veteran.
The lawsuit, filed Tuesday by Singleton Schreiber LLC, alleges that Jacob Garcia called 911 in April 2025 and reported that he was suicidal, armed, and requested immediate assistance.
According to the complaint, Las Cruces Police officers Hector Lopez and David Udero responded to Garcia’s apartment along with fire and medical personnel. The lawsuit alleges the officers remained in their vehicles, did not attempt to contact Garcia, and instructed dispatch to cancel responding fire and ambulance units.
The complaint further alleges the officers left the scene without confirming Garcia’s welfare and that their body-worn cameras were turned off before they departed.
The lawsuit also alleges the Mesilla Valley Regional Dispatch Authority failed to question the cancellation of emergency units or re-dispatch responders after receiving a second report regarding Garcia’s suicidal intentions approximately 45 minutes later.
According to the complaint, Garcia remained alive after officers left and exchanged text messages with his brother until shortly after 2 p.m. The lawsuit alleges Garcia later died from a gunshot wound and that emergency responders may have been able to locate him had they remained on scene.
The lawsuit claims negligence, wrongful death, and violations of the New Mexico Civil Rights Act. Attorneys for Garcia’s family argue the actions described in the complaint created a dangerous situation that contributed to his death.
As of Tuesday, court records did not indicate whether the defendants had filed responses to the allegations.
All allegations contained in the lawsuit remain unproven unless established in court proceedings.