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No Charges in Roosevelt County Fatal Shooting

February 21, 2020

Portales, NM – Ninth Judicial District Attorney, Andrea Reeb, announced today that the Roosevelt County Grand Jury returned a no-bill regarding the death investigation of Derek Garcia.  Garcia died on July 27, 2019, from a gunshot wound to his chest.


The Roosevelt County Sheriff’s Office was called to a residence in Roosevelt County in the early morning hours of July 27, 2019, on reports of a large fight ending in a shooting.  Upon arrival, they found Garcia deceased.  The shooter voluntarily came to law enforcement and admitted that he was involved.   The shooter described the event and indicated that he acted in self defense after Garcia came at him with a knife. Deputies also found two other victims, one with a gunshot wound to his leg and one with multiple stab wounds.   They were transported to the hospital for treatment. 


District Attorney Reeb stated, “The prosecution team, the Roosevelt County Sheriff’ Office, and the Major Crimes Unit worked diligently pursuing the evidence in this investigation.  An argument could be made that the shooter acted in self defense or defense of others, just as an argument could be made that he did not act in self defense or defense of others.  After reviewing all the evidence I felt the fair and just thing to do would be to present this matter to the Roosevelt County Grand Jury and let them make a decision in the case.  All evidence, both positive and negative, including testing results from the State Crime Lab, was presented to the Grand Jury to assist them in their decision. Ultimately the Grand Jury determined that the shooter acted in self defense.”


Reeb further stated, “My deepest sympathies go out to the family of Derek Garcia and I appreciate the patience the family has shown while waiting for the investigation to be completed. Based on the findings of the Grand Jury, my office will close this case.”


Chief Deputy District Attorney, Brian Stover prosecuted the case for the State of New Mexico.


For more information, please contact the District Attorney’s Office at 575-769-2246.

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