Adrian Hedden
Artesia Daily Press
ahedden@elritomedia.com

Family members of Elijah Hadley, the 17-year-old Mescalero youth shot and killed by an Otero County Sheriff’s deputy in June 2024, sued the county for wrongful death as the murder case against deputy Jacob Diaz-Austin proceeds in 12th District Court.

Hadley, an enrolled member of the Mescalero Apache Tribe in south-central New Mexico, was killed June 25, 2024, when Diaz-Austin, 28, of Las Cruces fired upon the boy after responding to a call for a welfare check at about 10:45 p.m. on U.S. Highway 70. The initial report described a person in a roadway median in an area between Tularosa and Mescalero, according to a news release from the New Mexico State Police.

It was later reported that Hadley was carrying an airsoft gun when he was shot by Diaz-Austin. An airsoft gun is defined as a replica of a real firearm that shoots plastic pellets instead of bullets.

The argument that Hadley was unarmed and defenseless when Diaz-Austin shot him was the basis of the lawsuit filed Wednesday, June 25, against Diaz-Austin and Otero County in U.S. District Court for the District of New Mexico.

The sheriff’s office and Otero County did not respond to a request for comment on the lawsuit.

According to the suit, Hadley was walking along the roadway and tossed aside the airsoft gun when he was approached by Diaz-Austin. The victim never pointed the gun at the deputy, read the suit, or threatened him.

The deputy fired at Hadley four times, read the suit, injuring him before firing separate bursts of nine and five shots over the course of three minutes. The deputy then reloaded, read the lawsuit, and fired at Hadley four more times.

Diaz-Austin was not injured in the incident. Hadley was pronounced dead at the scene.

The total of 22 shots left gunshot wounds to Hadley’s shoulders, back, arms and feet, read the lawsuit, and an autopsy confirmed the death as a homicide.

“Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good person. He should still be here today. Our family will not stop until justice is done,” said Hadley’s mother, Eva Hadley, in a statement issued with the lawsuit.

Attorneys for the family argued the shooting violated Hadley’s Fourth Amendment rights under the U.S. Constitution against “unreasonable search and seizures” and “excessive use of force.” The fatal shooting also violated the boy’s Fourteenth Amendment right, read the lawsuit, to “due process and equal protection of the law.”

The lawsuit asked that damages be assessed at trial for physical and emotional pain experienced by the family, lost wages, punitive damages, the value of Hadley’s life and attorney’s fees.

“By looking the other way in the death of Elijah, the Otero County Sheriff’s Office sent a terrible message to residents and visitors of the county, but the Hadley family will not be intimidated,” said Christopher Dodd, an attorney for the family.

Diaz-Austin was charged with first-degree murder on Jan. 13, after he was cleared in September 2024 by an internal investigation conducted by the sheriff’s office. The 12th District Attorney’s Office “conflicted out” of the case, according to court records – likely due to the defendant’s association through his job with the local court system.

In March, following a preliminary hearing, the 12th District Court judge ruled there was enough evidence to proceed with the case, prosecuted by the Second District Attorney’s Office but proceeding in 12th District Court.

“We believe the evidence is as overwhelming as it is appalling,” said Tyson Logan, another attorney representing the family. “It’s clear that Elijah’s tragic death was unnecessary and that this kind of callous, reckless use of lethal force by a deputy simply cannot be ignored.”

On June 2, the court denied the prosecution’s motion to move the case to the Third District in Dona Ana County or another court outside of the 12th District. The motion cited friendly behavior observed between Diaz-Austin and security staff from the Otero County Sheriff’s Office – his coworkers – at12th District Court in Alamogordo during the preliminary hearing.

A trial was scheduled for March 20, 2026.

Diaz-Austin was placed on administrative leave from the Otero County Sheriff’s Office pending the outcome of the trial, according to a Jan. 14 news release from the office.

“OCSO affirms its commitment to the rule of law and allowing the criminal justice system to do its work,” read the release. “OCSO further acknowledges that this incident has been traumatic and divisive for the community and is committed to ensuring the judicial process is followed according to law.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.