DEMING – The Tenth Circuit Court of Appeals has upheld a prior ruling granting qualified immunity to Deming police officers involved in the 2021 shooting death of Gilbert Valencia, effectively bringing the long-running legal challenge to a close.
The ruling—issued months ago by a three-judge panel in Denver—found that the officers’ use of deadly force was “objectively reasonable” given the circumstances they faced. Valencia had been reported standing on a median along I-10 near Deming, allegedly pointing a rifle at passing traffic. Officers responded and encountered the 29-year-old carrying what appeared to be an AR-15-style rifle.
Deming Police Chief Sergio Lara told Deming Radio News that the officers had been cleared at all levels of the judicial process, including this appeal. “There is no justification for pointing anything resembling a weapon at law enforcement,” Lara stated. “It was a tragic situation, but the response was lawful under the circumstances.”
Officers from both the Deming Police Department and the Luna County Sheriff’s Office approached Valencia, who eventually raised his hands and knelt. However, when instructed to lie flat, he reached for the weapon—later identified as an airsoft rifle with orange markings—prompting three officers to fire 20 shots, striking him 10 times. The encounter lasted just 44 seconds.
The family, led by Ernestina Cruz, filed suit in late 2022, claiming excessive force. A U.S. District Court granted summary judgment in favor of the officers in May 2024. The family appealed, but the Tenth Circuit found no factual dispute that would require a jury trial.
Writing for the court, U.S. Circuit Judge Timothy Tymkovich noted that the officers reasonably believed Valencia’s final motion posed a threat.
\n