Overview

• Lunsford’s February voluntary manslaughter conviction was set aside as the Doña Ana District Court granted a retrial over errors in jury handling.
• The order notes an alternate replaced a juror who later said they would have acquitted, which the judge concluded created prejudice.
• Judge James B. Foy described the state’s proof on unreasonable force as weak and wrote that Eze had taken an officer’s Taser, which in his view could justify deadly force.
• New Mexico Attorney General Raúl Torrez said he will appeal the decision and will seek to recuse Judge Foy if the case is retried.
• Lunsford remains out of custody pending further proceedings, and a new trial date has not been set.