Man shot by police believed mentally ill

LAS CRUCES — The robbery suspect shot dead by Las Cruces police officers on Sunday reportedly suffered from schizophrenia, paranoia and anti-social disorder, according to court documents.

Police fatally shot Juan Gabriel Torres, 36, after he robbed an elderly man of his Chevy pickup, abandoned it in the middle of a busy street and then “lunged at” responding officers with a large hunting knife, according to Las Cruces Police Chief Jaime Montoya.

Court documents reveal that Torres, a repeat felon, had been in and out of jail since at least 2005 on aggravated battery and other charges and had repeatedly violated the terms of probation by consuming alcohol and doing drugs, including meth and marijuana.

A spokesman for the District Attorney’s Office for the 3rd Judicial District said Wednesday that the office is investigating whether Torres should have been in prison on the day he was shot. District Attorney Mark D’Antonio’s office is investigating whether a detention order — which would have kept Torres on no bond while a final judgment was pending for the probation violation — was properly filed, spokesman Patrick Hayes said.

Torres pleaded guilty to charges of kidnapping and aggravated battery in 2008 for restraining and beating his then-girlfriend until she blacked out, according to the criminal complaint. The most recent probation violations were connected to that case.

A June 3 probation violation report alleges that Torres tried to buy alcohol at an Albertsons. When the store refused to sell to him, he opened a bottle of vodka and took a drink, the report said.

“Mr. Torres stated he was not taking his mental health medications as prescribed,” according to the report.

It goes on to state, “Mr. Torres reports he is diagnosed with schizophrenia and antisocial disorder. He states he was not released from custody with his proper medications. He was given the opportunity to get his medications and was scheduled for mental health and substance abuse counseling at La Clinica De Familia,” a health clinic in Las Cruces.

The report recommends Torres’ probation be revoked and that he serve the remainder of his term in the New Mexico Department of Corrections.

LCPD spokesman Dan Trujillo said, “When there is an officer-involved shooting, many aspects are investigated,” but he could not confirm whether Torres’ reported mental condition was being looked at.

Micah Pearson, vice president of the National Alliance on Mental Illness in Doña Ana County, said the LCPD has “a very advanced and developed crisis intervention team program” that trains officers to handle encounters with the mentally ill.

Pearson declined to comment on Torres’ case but said, “Unfortunately the issues of the history of this individual are all too common. Mental health only becomes a criminal justice issue when we have failed them everywhere else.”

Another probation violation report dated May 13 alleges police caught Torres drinking a Bud Light outside a Pic Quick convenience store. Torres was allegedly armed with a “homemade shank” and informed police that he was going across the street to another gas station to steal a beer, which he allegedly did and police then detained him.

The May 13 report also refers to Torres’ alleged mental health issues: “Mr. Torres states he is diagnosed with schizophrenia and paranoia. … He stated he felt he had nowhere else to go and wanted to be arrested.”