May 7—Santa Fe police filed a slew of criminal charges against a Santo Domingo Pueblo man who is accused of threatening several people with a stolen knife before he was shot by an officer just off a busy roadway two weeks ago.
The chaotic incident unfolded the afternoon of April 24. The shooting, which wounded 37-year-old Jermaine Garcia, was captured by a passerby on a cellphone video that circulated on social media.
The incident marked the second time Santa Fe officers have shot a suspect in 2024, according to statements from the police department.
Garcia has been hospitalized in Santa Fe for treatment of two gunshot wounds, Deputy Chief Ben Valdez said.
The Santa Fe Police Department on Tuesday was preparing to transfer official custody of Garcia to the Santa Fe County jail, Valdez said, although he was expected to remain at a local hospital for care.
Police allege Garcia stole a knife from the kitchen of Café Castro, attempted to carjack a family in the restaurant’s parking lot and threatened an employee before officers arrived at the scene.
Police wrote in a statement of probable cause Garcia is accused of breaking the window of a police vehicle with the stolen butcher knife and then charging at officers before one of them fired twice at him in the intersection of Cerrillos and Harrison roads, next to the Interfaith Community Shelter at Pete’s Place.
Garcia faces a dozen criminal charges, including five counts of aggravated assault with a deadly weapon, three counts of aggravated assault on a police officer with a deadly weapon, two counts of attempted armed robbery and a count of armed burglary, according to a criminal complaint filed Monday in Santa Fe County Magistrate Court.
The statement of probable cause indicates the Santa Fe officer who fired two shots at Garcia was Daniel Escalon, who was the first officer to arrive at the scene.
Escalon had driven up to the intersection of Cerrillos and Harrison, according to the statement, and Garcia “charged at the marked patrol unit and struck the driver’s side window with a knife.”
Escalon was then joined by Sgt. Michael Murillo, who told Garcia to drop the knife as he paced along the sidewalk and ran among crowds of people congregated in the area, police wrote in a statement.
Garcia charged at each officer “with the knife raised,” the statement says. Both officers fired their electronic weapons at him but did not successfully subdue him, according to the statement, and as Garcia then charged toward Escalon, the officer fired twice and Garcia fell to the ground.
New Mexico State Police opened an investigation into the incident. The agency is expected to submit the results of its probe to the District Attorney’s Office for a determination on whether the shooting was justified.
State police spokesman Wilson Silver wrote in an email Tuesday the agency’s investigation is still open, though investigators have completed interviews with all officers who were at the scene.
Prosecutors filed a motion Tuesday asking the state District Court to order Garcia held in state custody until his trial.
They argue in the court filing Garcia “poses a danger to the community” and likely would disregard the conditions of his release and commit new crimes if he were released.
The motion also points to more than a dozen criminal cases filed against Garcia in Santa Fe County since 2011.
Amanda Smith is a dedicated U.S. correspondent with a passion for uncovering the stories that shape the nation. With a background in political science, she provides in-depth analysis and insightful commentary on domestic affairs, ensuring readers are well-informed about the latest developments across the United States.
