LAS CRUCES, N.M. — A judge ordered a new trial for former Las Cruces police officer Brad Lunsford, who was convicted of voluntary manslaughter in the 2022 death of Presley Eze, KFOX 14 reported.
The Oct. 6 ruling follows motions alleging an improper juror replacement and juror bias, according to KFOX.
Lunsford was found guilty in February 2025 for shooting Eze during an arrest attempt at a Chevron gas station on Aug. 2, 2022, according to the report. Body-worn camera and witness cellphone video shows Lunsford appearing to place his firearm at the back of Eze’s head before firing. Prosecutors said Eze had allegedly stolen a beer and later gained control of another officer’s TASER before the shooting occurred.
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In late September, Lunsford was released from custody after the presiding judge acknowledged errors in jury handling. Defense attorneys argued these issues undermined the fairness of the trial and warranted a retrial.
The New Mexico Attorney General’s Office said it plans to seek a new conviction.
Lunsford’s attorney, Matt Chandler, welcomed the decision, calling it a victory for due process.
“Today’s ruling reaffirms that justice must be built on truth, transparency, and the rule of law,” Chandler said, adding that he believes a fair trial will result in Lunsford’s exoneration.
