UPDATE: Man Shot By Las Cruces Police Had Air Pistol That Looked Like Gun

Feb 26, 2014


Photo shows an actual Smith & Wesson M&P 9mm handgun (left) and the air pistol used by the 42-year-old man during Tuesday's incident.

  Las Cruces Police and the Officer-Involved Incident Task Force are continuing their investigation into Tuesday evening’s shooting on the East Mesa that left a man hospitalized.

The 42-year-old man received a gunshot wound to his upper arm and is being treated at University Medical Center of El Paso. His injuries are not life-threatening and no charges have been filed against him at this time.

At around 8:30 p.m. Tuesday, Feb. 25, Las Cruces Police were dispatched to the report of a possible domestic-related altercation between a man and woman near Porter Drive, north of Highway 70. The call to dispatch indicated that one of the subjects was armed with a handgun.

The first-arriving officer located the couple believed to be involved in the domestic near the Chucky’s Food Mart on the 5900 block of Bataan Memorial West. Preliminary information from the investigation indicates that the man pulled out a handgun and refused the Las Cruces Police officer’s commands to drop the weapon.

The officer fired at least one shot which is believed to have struck the man’s arm.

No other injuries were reported.

Investigators determined that the firearm displayed by the man was an air pistol made by Umarex that closely resembles an authentic Smith & Wesson M&P 9mm handgun commonly used by some law enforcement agencies. The BB gun is manufactured as a replica and looks nearly identical to the Smith & Wesson M&P 9mm, with logos and other identifiable markings.

As is standard procedure for such an incident, the Las Cruces Police officer was placed on administrative leave pending the results of an internal investigation.

The Las Cruces Officer-Involved Incident Task Force includes investigators from New Mexico State Police, Dona Ana County Sheriff’s Office, New Mexico State University Police and Las Cruces Police. The task force reports its findings to the Third Judicial District Attorney’s Office.