On Monday, November 25th, the City of Las Cruces (NM) announced that a settlement in the amount of $20 million in the wrongful death case of 45-year-old Teresa Gomez. By partnering with Shannon Kennedy of the Kennedy Law Firm, 3D Forensic Inc was able to provide a forensic reconstruction of the officer-involved shooting and bolster the argument against Officer Felipe Hernandez’s violation of Ms. Gomez’s constitutional rights.

This settlement represents the largest agreement amount in a civil suit for the City of Las Cruces and is described as “a statement of the City’s profound feeling of loss for the death of Gomez and of the City’s condolences to her family,” according to the City’s announcement.

The fatal encounter occurred on the morning of October 3rd, 2023, when LCPD Officer Felipe Hernandez interrogated Ms. Gomez and her companion while they were peacefully seated in their parked vehicle. After Hernandez continually escalated this encounter, Ms. Gomez returned to her vehicle and slowly pulled away from the scene. Officer Hernandez then fired his handgun three times at Ms. Gomez while she was driving away, leading to her death at the scene.

3D Forensic was tasked with the forensic reconstruction of the incident, focusing on determining time-distance measurements and delivering several conclusions. With Officer Hernandez’s body-worn camera footage of the incident, 3DF was able to determine the following critical facts about this incident:

• The first of the three shots fired by Officer Hernandez resulted in Ms. Gomez’s death
• Ms. Gomez’s vehicle was moving at an average of three mph throughout the incident, and never exceeded six mph
• Ms. Gomez was driving away from Officer Hernandez at a low rate of speed when he elected to shoot and kill her
• Officer Hernandez was never in danger from her slow-moving vehicle and had clear potential to avoid Ms. Gomez’s vehicle throughout the incident
• Officer Hernandez fired the fatal first shot while about five feet away from the vehicle as it was moving away from him

Our analysis of positions from a comprehensive third-person perspective can be seen through the following reconstruction imagery:

Within a year of the incident, Dona Ana County District Attorney Gerald Byers announced second-degree murder charges against Officer Hernandez. These charges are currently pending criminal trial.

While announcing these charges, Byers explained, “There was no reason for him to use deadly force against Mrs. Gomez. We looked at self-defense. There was no self-defense. His ability to manage protocol was nonexistent. His interactions with her just on a human level were exceptionally subpar.”

Teresa Gomez was a beloved grandmother who is survived by four children and two grandchildren.

"The parents, the children and the siblings of Teresa Gomez continue to mourn her loss. They are grateful to the City of Las Cruces for recognizing the injustice of Teresa’s death. They trust that the city will redouble efforts to make sure no other family suffers the tragedy of losing a loved one to abusive police conduct. They further hope that the criminal justice system will work efficiently and
fairly for all parties. Even today, Teresa’s children can’t help but look at their children and long for their loving grandmother to be back with them now and for the future. They are ever hopeful for a peaceful and eternal reunification in heaven under God’s love."

-Statement from family of Teresa Gomez

"3D Forensic Inc is a scientific approach to objectively deconstruct and demonstrate the actions of an officer during a police shooting such that one can discover the truth once in possession of the Body Worn Camera, In-Car Camera and/or cell phone or surveillance footage of the shooting. This empowers the decedent's team with indisputable evidence key to prevailing as a matter of law swiftly. Craig and Jason Fries of 3D Forensic Inc are essential to the pursuit of justice in an officer-involved shooting case. The Gomez family is ever appreciative and grateful for the work of 3D Forensic to show the truth of their mother, grandmother, sister and daughter's horrific death."///

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-Shannon Kennedy, The Kennedy Law Firm PC///