The family of a 17-year-old boy who was fatally shot by an Otero County sheriff’s deputy during a roadside welfare check has filed federal and state wrongful death lawsuits against the deputy and county officials.
The lawsuits, filed Wednesday in federal court in Albuquerque, accuse Otero County Deputy Jacob Diaz-Austin and the Board of Commissioners of Otero County of violating Elijah Hadley’s constitutional rights and state civil rights laws. The legal action comes exactly one year after the deadly encounter.
According to the lawsuit, on the night of June 25, 2024, Hadley was walking near his home along U.S. Highway 70 with an unloaded BB gun when Diaz-Austin approached him. Evidence presented by the family’s attorneys indicates Hadley tossed the BB gun into the grass when ordered to show his hands and never posed a threat to the deputy.
Despite complying, Hadley was shot four times by Diaz-Austin with his service weapon. The lawsuit claims Diaz-Austin then watched Hadley suffer on the ground before firing additional rounds in multiple bursts — ultimately shooting the teenager 22 times. The deputy did not render aid after the shooting, the lawsuit states.
Further allegations claim Diaz-Austin responded to the welfare call by driving over 120 miles per hour while blaring music from his car stereo. The lawsuit also accuses the Otero County Sheriff’s Office of “ratifying” Diaz-Austin’s conduct by returning him to full duty following the incident.
“Elijah was a son, brother, uncle, nephew, friend, student, artist, and a good person. He should still be here today,” said Eva Hadley, the teen’s mother. “Our family will not stop until justice is done.”
Attorneys representing the Hadley family, Tyson E. Logan of Logan Trial Lawyers and Christopher Dodd of the Dodd Law Office, emphasized the disturbing nature of the incident.
“The deputy shot Elijah 22 times — many of those shots came as he lay unarmed on the ground, screaming in pain,” Logan stated.
Dodd added, “By looking the other way in the death of Elijah, the Otero County Sheriff’s Office sent a terrible message to residents and visitors of the county, but the Hadley family will not be intimidated.”
In March, a district court judge in Otero County determined there was probable cause to proceed with first-degree murder charges against Diaz-Austin. He currently awaits trial in that criminal case.
