Court Rejects Motion to Dismiss Murder Charges Against Deputy in Highway Shooting

On June 25, 2024, at around 10:45 p.m., Diaz-Austin was dispatched to perform a welfare check on Hadley, who was walking along U.S. Highway 70 near mile marker 240, close to the Mescalero Apache Reservation in southern New Mexico. The call came from a concerned driver who reported seeing a person in the highway median between Tularosa and Mescalero.

According to body camera and dasscam footage, Hadley was initially seen waving at the deputy while holding a shirt draped over one hand. When Diaz-Austin ordered him to show his hands, Hadley pulled out a firearm—later confirmed to be an airsoft pistol—and tossed it to the ground. Before the airsoft gun fully landed, Diaz-Austin opened fire, striking Hadley with four initial shots. Hadley fell, screaming, “It’s just a BB gun!” as he lay injured. The deputy held him at gunpoint and called for backup but did not approach or render aid, retrieving a first aid kit yet warning Hadley to stay away from the discarded airsoft gun. Over three minutes later, as Hadley rolled on the ground—apparently unable to stand and possibly moving toward the airsoft gun—Diaz-Austin fired at least 15 more shots, totaling 19 rounds. Hadley was pronounced dead at the scene, with gunshot wounds reported to his face, chest, and back of the head.

After a thorough review, Bernalillo County District Attorney’s Office filed first-degree murder charges against Diaz-Austin

On March 13, 2025, during a preliminary hearing in Alamogordo, Bernalillo County District Attorney’s Office presented their evidence—body camera and dash camera videos, photographs, and witness testimony—to District Court Judge Angie Schneider.

Judge Schneider ruled there was probable cause to bind the case over for trial in the 12th Judicial District Court, rejecting a defense motion to dismiss the charges filed earlier in January, which argued the criminal complaint lacked witness details.