Death Of Arrestee Labeled Homicide

By DAN BOYD Journal Staff Writer

The death of a Raton man who was repeatedly shocked by police with Tasers is being classified as a homicide.

But Jesse Saenz’s death likely was not caused by Tasers, according to an autopsy report by the state Office of the Medical Investigator.

The recently finished autopsy concluded that Saenz’s breathing abilities were "markedly impaired" when he was placed face down in the back of a patrol car with his legs shackled and flexed and with a police officer sitting on his lower back.

The medical examination, conducted by Dr. Jeffrey S. Nine, also found high levels of cocaine and the presence of marijuana in Saenz’s bloodstream after he died in the early morning hours of Nov. 18, 2007.

New Mexico State Police have been investigating the incident, but officials said Friday they were unaware of the autopsy report and unsure how it would impact the investigation.

It is unknown whether criminal charges would be filed. A call to the Eighth Judicial District Attorney in Raton wasn’t returned.

Saenz’s death sparked debate over police behavior after a preliminary State Police review found the two officers on the scene pulled the triggers of their Tasers a total of 23 times in the process of subduing the 23-year old Saenz.

Both Raton police officers told State Police they believed their Tasers, which were confiscated after the incident, malfunctioned on the night in question.

The autopsy found multiple abrasions on Saenz’s neck and chest as well as a puncture wound on the left side of his abdomen. Although that wound was believed to be related to the shocking — a metal Taser tip was discovered beneath his skin — medical examiners didn’t refer to the multiple electronic shocks when discussing Saenz’s likely cause of death.

Raton Police Chief Vince Mares declined to discuss specifics of the case Friday pending resolution of the State Police investigation. But he confirmed that the officer who sat on Saenz’s back remains on administrative leave.

Mares said the Raton Police Department has policies detailing how prisoners should be restrained and transported.

Those policies include a ban on "hogtying" individuals and specific guidelines on how to prevent positional asphyxia, a phenomenon that occurs when someone’s body position prevents them from breathing properly.

"We make sure that officers are aware of that," Mares said.

Saenz was found on all fours talking to himself and pulling out grass in the early morning hours of Nov. 18, when Raton police officers Leonard Baca and Nolberto Dominguez responded to a 911 call for criminal damage to property.

According to Raton police, Saenz was initially cooperative with officers but balked when police tried to force him into a patrol car. He allegedly kicked at the officers, which led them to use their Tasers.

After finally being subdued, Saenz was brought to the Colfax County Detention Center in a police cruiser with an officer sitting on his lower back, according to the autopsy report.

The means of physical restraint and position of his body — face- down with his legs shackled and bent behind him — impaired Saenz’s breathing ability, heightened the effect of the drugs in his system and contributed significantly to his death, the autopsy concluded.

"It is well documented that the release of these stress hormones and chemicals continue and even rise during the immediate period following a struggle," the medical investigator wrote in his official opinion.

Shortly before arriving at the jail, Saenz’s body convulsed and went limp. Emergency resuscitation efforts failed, and Saenz was pronounced dead upon arrival at the Miners’ Colfax Medical Center in Raton at 4:44 a.m.

In addition to the various abrasions found on his body, the autopsy also found Saenz had a fractured rib on his left side, presumably related to resuscitative efforts.

Saenz’s death marked the second time in 16 days that an individual died after clashing with Raton police. On Nov. 2, an officer fatally shot Frederick Armijo, a 24-year old who allegedly had thrown rocks at passing cars and was wielding a