LAS CRUCES, N.M - Two Las Cruces Police Department officers who were seen beating a handcuffed man in a surveillance video will not go to trial after all.
Abc-7 confirmed Friday the District Attorney's office is not pursuing the aggravated battery charges against former officer Richard Garcia and Danny Salcido.
In a video obtained by Abc-7, Ross Fynn is seen being beaten by the two officers. Flynn suffered several broken facial bones and a cracked skull. Flynn was being arrested for allegedly threatening a neighbor with a gun. He was found not guilty but he was convicted of resisting arrest and is currently on probation.
Garcia went on trial last summer and the judge declared a mistrial, Salcido has yet to face a jury. Las Cruces Police Chief Jaime Montoya tells Abc-7 District Attorney Mark D'Antonio consulted with the state Attorney General's office and late Wednesday afternoon, a decision was made to drop the charges against both former officers.
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.
Flynn is suing the City of Las Cruces for $12,000,000,000.