—
LAS CRUCES, N.M. (KFOX14/CBS4) — A wrongful death and civil rights lawsuit was filed on Tuesday over the death of 28-year-old Army veteran, Jacob Garcia, who called 911 from his Las Cruces apartment last year to report he was suicidal.
The suit, filed by Singleton Schreiber LLP on behalf of Garcia’s family, is against the City of Las Cruces, two Las Cruces Police Department officers, and the Mesilla Valley Regional Dispatch Authority, alleging that following Garcia’s 911 call, officers never made contact, canceled med units, turned off body cams, and left as dispatch failed to re-dispatch units.
“This case arises from the conscious decision of armed government actors to walk away from a person they knew to be in mortal danger, and to make that danger worse by clearing the scene of rescue resources,” the lawsuit states.
KFOX14/CBS4 has reached out to the Las Cruces Police Department and the Mesilla Valley Regional Dispatch Authority for comment regarding the lawsuit and if the two officers named in the suit remain on active duty.
According to the lawsuit, obtained by KFOX14/CBS4, on April 17, 2025, Garcia called 911 just weeks after completing his active service and returning home to Las Cruces. He told the dispatcher he was armed and suicidal, pleading to “get someone there now.”
The call was classified as a Priority High suicidal-subject emergency, and two officers were dispatched to his apartment along with fire and medical units, the lawsuit states.
The lawsuit alleges neither officer approached Garcia’s apartment, knocked on his door, or made any attempt to contact him. Instead, the lawsuit claims the officers stayed in their vehicles, directed dispatch to cancel the responding fire and ambulance units, turned off their body cameras, and left without confirming Garcia had been located or was safe.
Additionally, the complaint also alleges the dispatch authority carried out the officers’ order and did not re-dispatch or escalate the call even after receiving a second, independent report of Garcia’s suicidal intent about 45 minutes later.
According to the lawsuit, Garcia was still alive and communicating after the officers left. Text message records cited in the lawsuit show he was in contact with his brother as late as 2:03 p.m., after the scene had been cleared.
The lawsuit further alleges that Garcia died of a gunshot wound during a period when emergency responders could have reached him if they had not been sent away.
“Jacob Garcia served his country for over a decade, came home, and reached out for help when he needed it most,” said Marisa A. Ong of Singleton Schreiber, co-counsel for the Garcia family. “This was not a tragedy beyond anyone’s control. These were deliberate choices made by people with a duty to act, and Jacob’s family deserves accountability for every one of them.”
The lawsuit says Garcia’s brother later arrived at the apartment, found him mortally wounded, and called 911. The complaint says fire, air ambulance, and ground ambulance units were then dispatched only after that call.
The suit asserts claims of negligence, wrongful death, and violations of the New Mexico Civil Rights Act. It alleges the officers’ actions amounted to a “state-created danger,” described in the complaint as an affirmative act by government officials that placed Garcia in greater peril than he would have faced had no response been sent at all.
The lawsuit seeks damages under New Mexico’s Wrongful Death Act, Civil Rights Act, and Tort Claims Act on behalf of Garcia’s estate and family.
READ THE LAWSUIT:
If you or someone you know is struggling, you can call or text 988 to reach the Suicide and Crisis Lifeline.
RECOMMENDED: El Paso police crisis intervention team responds to growing mental health 911 calls
Sign up to receive the top interesting stories from in and around our community once daily in your inbox.
