Las Cruces, NM — Two Las Cruces cops were caught on video, severely beating a handcuffed man, and they will face no consequences for their crimes. The victim, Ross Flynn was in jail for being accused of pulling a gun on his neighbor — a crime of which later he’d be found not guilty.
Flynn was beaten so badly that he suffered several broken facial bones and a cracked skull.
When video of this incident surfaced, the officers weren’t immediately fired. It took an ‘investigation’ lasting over 5-months before they were relieved of duty. Now, however, nearly two years after the assault, the District Attorney’s office announced that they will not be pursuing the aggravated battery charges against former officers Richard Garcia and Danny Salcido — so they can likely get their jobs back.
In a clear display of America’s broken justice system, a defunct prosecution, along with the Attorney General came to the decision not to try the officers after Garcia’s first trial was declared a mistrial.
According to ABC7:
Court documents obtained by ABC-7 state the prosecution and the Attorney General’s office came to a joint decision that because a majority of the jurors believed Garcia was not guilty the first time around, they didn’t believe the outcome would be different a second time around.
“The evidence against Danny Salcido is virtually the same as was presented in the trial of Richard Garcia. Given the nature of the evidence, the State is unable to reasonably expect a different result,” the filing states.
In layman’s terms, because the system was broken for Garcia, they let off Salcido as they believe the system will likely be broken for him too.
“I think that makes them look horrible, they shouldn’t let him be abused like that and let the cops get off,” one resident told ABC7.
“Just unacceptable, I’m really mad at that,” another resident said.
According to online court records, as reported by Las Cruces Sun-News, Salcido’s jury trial was scheduled to begin Dec. 5 with Macias presiding. The charges were dismissed without prejudice, which means they can be refiled in the future.
There is now no chance for justice.
The incident began as officers attempted to arrest Flynn over false charges that he’d pointed a gun at a neighbor. When police attempted to bring him in, he resisted as he felt he’d done nothing wrong.
For resisting, he was tasered and taken to LCPD headquarters. Because of back pain, Flynn was outfitted with a belly chain, so his hands were cuffed in the front to his waist.
When Garcia and Salcido entered the cell after Flynn appeared to kick the door, they began to assault the entirely defenseless man. The beating would last over a minute as the officers threw the handcuffed Flynn around like a ragdoll.
As we reported in March of 2015, Officers Richard Garcia and Danny Salcido were caught blatantly lying about the incident when the surveillance footage showed them barging into the cell and brutally beating 47-year-old Flynn. The video shows the cops pinning the restrained man down, beating him, throwing him against the bars of the cell, and bashing his head so hard against the wall it fractured his skull. Flynn was in the ICU for several days according to attorneys.
His skull was fractured in two places, he suffered multiple facial fractures, and he sustained a brain hemorrhage.
Not shockingly, the offending officers had quite a different story before the footage was revealed. Officer Garcia’s report claimed Flynn “was walked back all the way where he did hit his back and head against the wall.” Garcia goes on to lie in the report stating they knee-kicked the restrained man to stop him from “grabbing at the officer’s belt,” and that Flynn actually pinned the officer between him and the wall.
Not even close.
According to the Las Cruces Sun-News, in April of this year, Flynn was acquitted of the two assault charges but convicted on one misdemeanor count of resisting or evading arrest. He was sentenced in May to 364 days of supervised probation.
Flynn has since hired an attorney and is seeking a multi-million dollar settlement in a federal lawsuit filed against the LCPD, the former officers and the city of Las Cruces.