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Man With Sawed-Off Shotgun Convicted Of Aggravated Assault With Intent To Kill Officer

  Las Cruces—Clemente De La Cruz was convicted last night in the Third Judicial District Court of Aggravated Assault on a Peace Officer with Intent to Kill, Tampering with Evidence and Resisting, Evading & Obstructing which exposes him to 22 years imprisonment.

On April 15, 2013 at 3:30am Dona Ana County Sheriff’s Sergeant Scott Bayles witnessed the vehicle driven by De La Cruz make a U-turn on Valley Drive and then stop. When Bayles pulled up alongside, the driver stated he was having car problems. Bayles turned around and pulled up behind De La Cruz’ parked vehicle to assist but when he approached the driver side with his flashlight De La Cruz suddenly exited the vehicle aiming a sawed off shotgun at Bayles and began closing distance on him. 

Sergeant Bayles fired his weapon multiple times, striking the defendant once in each thigh.  De La Cruz fled, discarded the shotgun and hid in the Valley/Westwind area.  Border Patrol utilized heat sensors to locate him and he was promptly arrested.

During the trial, Defense Attorney George Harrison said that Bayles fired before De La Cruz was able to exit the vehicle. During his testimony, De La Cruz said that he aimed the gun at the officer after he was shot because he thought “that would make the officer stop shooting.”  The jury reviewed the dash cam video from the officer’s patrol unit throughout the proceedings and found that it contradicted De La Cruz’ claims.

Deputy District Attorney Heather Chavez stated “This incident is the worst nightmare of every officer and their family.  Sergeant Bayles puts his life on the line every day he goes to work and he was ambushed for simply trying to assist a stranded motorist.  To see justice done for him and his family is an indescribable feeling.”

De La Cruz has a 2007 conviction for Aggravated Assault with a Deadly Weapon as well as a 2008 conviction for Shooting at a Dwelling. He recently pled to counts of Felon in Possession of a Firearm in Federal Court which carries a term of up to 20 years imprisonment.

A sentencing date is pending in both cases. U.S. Attorney’s are seeking a consecutive sentence to that of the Third Judicial District Court’s decision.

Information from:  Third Judicial District Attorney's Office