The Third Judicial District Attorney’s Office, after reviewing findings from a multi-agency investigation, has determined that the Dec. 2shooting of 36-year-old Joshua “Josh” Clay Dunne was justified and that the two Las Cruces Police officers will not face any charges in the incident.
Dunne was shot as he emerged from a hotel room and pointed a 9mm handgun at officers. He was transported to Memorial Medical Center where he died.
“While I am saddened that a life was lost, I was confident that this would be the outcome,” said Las Cruces Police Chief Jaime Montoya. “My officers’ actions were appropriate and they did everything they could to resolve this without a loss of life.”
Investigators from the Officer-involved Incident Task Force learned that officers were dispatched to Dunne’s residence shortly before 4 p.m. onFriday, Dec. 2. A relative indicated to police that Dunne was possibly suicidal, and was probably armed with a 9mm handgun and a hunting knife. Officers began looking for Dunne who was said to be driving a gray Toyota 4Runner.
About an hour later, an LCPD officer located the 4Runner parked at the Sleep Inn, at 2121 S. Triviz Dr., and learned that Dunne had rented a room on the third floor of the hotel.
Officers attempted to negotiate with Dunne for several hours beginning at around 5 p.m. Eventually, the Las Cruces Police Department’s SWAT and Hostage Negotiation teams were activated but Dunne remained uncooperative and refused to exit the hotel room.
Shortly before 11 p.m., LCPD Sgt. Cody Austin and officer David Rodriguez discharged their weapons as Dunne emerged from the hotel room and pointed a handgun at them. No officers were injured during the incident.
Austin and Rodriguez were placed on administrative leave which is standard procedure for such an incident. They both have since returned to duty.
The Officer-involved Incident Task Force includes investigators from New Mexico State Police, the Las Cruces Police Department, Dona Ana County Sheriff’s Office and New Mexico State University Police.
Information from Las Cruces Police