Report finds flawed tactics, poor communication in probe of trooper’s death
SANTA FE, N.M. — Flawed tactics and poor communication were among the key findings of a New Mexico State Police internal investigation into the fatal shooting of an officer who unknowingly stopped an armed drug suspect while being followed by federal agents as part of an undercover operation in February 2021.
The report released Wednesday provides excruciating details — drawn in part from dashboard and body-worn camera footage — of Officer Darian Jarrott’s death. He was killed by a burst of gunfire during a traffic stop on Interstate 10.
The report also details the killing of drug trafficking suspect Omar Cueva-Felix after a 40-mile chase and shootout with authorities in Las Cruces.
It concludes that two U.S. Homeland Security Investigations agents and a state police supervisor gave conflicting statements about whether the supervisor received “full disclosure” about Cueva-Felix’s criminal history and a plan by the HSI to get him past to arrest the highway.
“Omar Cueva-Felix murdered Officer Jarrott in cold blood, and unfortunately we cannot change that,” New Mexico State Police Chief Troy Weisler said in a statement upon the release of the report.
The chief said the review resulted in several internal department policy changes and discussions about possible alternative actions and tactics for certain situations.
“Drawing attention to errors made by various individuals involved in the incident and identifying areas for improvement is done solely for the purpose of learning and finding ways to operate more safely,” Weisler said.
Jarrott, 28, was the first New Mexico state police officer killed in the line of duty in more than three decades. He is a father of four and became a state trooper in 2015 after working as a state transportation inspector.
The incident led to multiple lawsuits alleging that both HSI and Jarrott’s superiors were negligent and failed to warn the officer in advance of Cueva-Felix’s dangerousness. A federal judge in Albuquerque dismissed one of the cases last July, ruling that the government is immune from liability.
A state police supervisor had asked Jarrott to arrest Cueva-Felix at the behest of federal agents. The request was made after the suspect sold a large amount of drugs to an undercover officer, displayed a large gun and told them he would not be going back to prison.
Cueva-Felix, 40, of Deming, had what authorities described as an extensive criminal history in California and was known to carry firearms.
The fatal traffic stop occurred on the afternoon of February 4, 2021 on I-10, approximately 15 miles east of Deming. Within minutes, Jarrott was ambushed and shot multiple times. Cueva-Felix then led authorities on a chase that ended with him being killed in Las Cruces during a shootout that also injured a city police officer.
Eric McLoughlin, acting special agent in charge of Homeland Security Investigations El Paso, said in a statement to the Albuquerque Journal that the agency is reviewing the commission’s report and recommendations regarding joint enforcement actions. He also reiterated the agency’s condolences for Jarrott’s death.
McLoughlin said the New Mexico State Police is one of several law enforcement agencies his agency works with and special agents are often embedded as task force members with other local, state and federal law enforcement agencies.
According to the review, no state police officers were present at an official operations briefing and Jarrott was not included in text messages with federal agents about the plan. It also noted that there was no incident command structure in place, even though two agencies and several HSI elements were working in cities 60 miles apart.
The review also found that Jarrott did not appear to pick up the “danger signals” after restraining Cueva-Felix and that he “should have changed his tactics” when he saw a gun on the suspect’s hip.