Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

Prosecutors filed a motion May 13 to move the murder case of the Otero County Sheriff’s Office deputy who killed 17-year-old Elija Hadley from 12th District Court in Alamogordo to another jurisdiction.

The change was requested after members of Hadley’s family said they were intimidated by the Otero County Sheriff’s Office during a preliminary hearing for Jacob Diaz-Austin, the deputy accused of murdering Hadley in June 2024.

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.

The case was assigned to the district attorney’s office in Bernalillo County, which now wants the case transferred to the Third Judicial District in Dona Ana County, or any district other than the 12th.

A hearing on the matter was scheduled for May 30.

The prosecutors’ change of venue motion alleged that Diaz-Austin was seen exchanging “hugs or fist bumps” with court security staffed by the Otero County Sheriff’s Office during a preliminary hearing on March 13.

The sheriff’s office did not respond to a request for comment from the Alamogordo News.

“Particularly concerning was one deputy who left her post near the jury box, on the side of the courtroom designated for the victim’s family, to approach the defendant to engage in friendly banter, playfully kicking the defendant’s feet with her own while smiling and laughing,” read the motion.

Similar observations were reported by Hadley’s family members in attendance, the filing said.

Hadley, a 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.

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

The shooting was subsequently investigated by the New Mexico State Police. Diaz-Austin remained employed with the sheriff’s office in the wake of the shooting and was placed on administrative leave Jan. 14 pending the outcome of the trial, according to a sheriff’s office spokesperson.

“OCSO affirms its commitment to the rule of law and allowing the criminal justice system to do its work,” read a statement from the sheriff’s office. “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 the law.”

The case resulted in protests among tribal members and supporters of Hadley who argued the killing was the result of police brutality. Demonstrations were held outside the courthouse during the preliminary hearing in March, read the motion for change of venue, leading to heighted security and the Sheriff’s Office presence.

This had an “intimidating effect” on Hadley’s family members, read the motion, who felt deputies acted “hostile” to them and friendly with Diaz-Austin.

“It was apparent to many people present during the preliminary hearing that there was a positive relationship between the defendant and the Otero County court security deputies,” read the motion. “There is no reason to believe the conduct would be different at trial. A fair trial cannot be obtained in the 12th Judicial District.”

In signed, sworn statements included with the motion, security agents for the district attorney’s office who were present at the hearing, Hadley’s mother Eva Hadley, and his brother Malachi Kaydahzinne testified to similar behavior by the deputies at the courthouse.

Eva Hadley said there were deputies serving as security guards during the hearing and attending in the gallery to support Diaz-Austin. This conflated the Sheriff’s Office’s civilian and non-civilian roles in the hearing, Eva Hadley wrote, making her “uncomfortable.”

“It seems wrong that the defendant in this case is an OCSO deputy, that two members of the OCSO’s leadership are testifying on his behalf, and that the courthouse security is provided by OCSO deputies who are visibly supportive and protective of the defendant and his family members,” Eva Hadley wrote.

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