Family of Jarrott filed 2 wrongful death lawsuits in 2021. First was dismissed by judge Kea Riggs and the second was settled for $500,000 in 2023.
2021 murder of a police officer in New Mexico
On February 4, 2021, 28-year old New Mexico State Police officer Darian Rey Jarrott was shot and killed by a 39-year old man named Omar Felix Cueva after pulling over his pickup truck on Interstate 10 in Luna County.[1][2] The incident was captured on camera and uploaded on YouTube.[3] Officer Jarrott was the first New Mexico State Police officer killed in the line of duty in more than 30 years, he was later succeeded by other murdered officers, like Jonah Hernandez and Justin Hare, who were killed in 2024.[4][5]
Omar Cueva was a subject of a narcotics investigation at the time of the murder, and was driving to the city of Las Cruces to participate in a drug deal. Cueva was followed by officers of US Department of Homeland Security who were planning to ambush and arrest him. Officer Jarrott would pull over Cueva's truck, Cueva would then walk out of his truck and shoot Jarrott multiple times with a rifle, killing him.[1][2] Cueva was supposed to be pulled over by two federal officers, however, Jarrott, unaware of the plan, initiated the stop which lead to his death.[6]
After killing Jarrott, Cueva drove away in his truck before being found by police 15 miles away from the crime scene, a shootout between him and police would start and he would drive away again. Cueva would drive to Las Cruces where police used spike strips to damage his truck's tires. A police car would ram into his truck and take it off the road. A second shootout with Cueva would start, he would be shot and pronounced dead at the scene.[2] The police officer who killed Cueva was shot in the chest, he was treated in a hospital where his condition stabilized, he was later released.[7][8]
After Jarrott's death, his family started two lawsuits against the state and federal government, alleging that Jarrott was not informed by federal agencies who tracked Cuera that he was heavily armed or that they set up a string operation to capture him. Their first lawsuit was dismissed by a judge who ruled that the government was immune from liability, a second lawsuit was settled by a payment of $523,000.[9][10] Governor of NM Michelle Grisham condemned the shooting. Lieutenant governor Howie Morales and lawmakers that included Luis Terrazas and Jenifer Jones visited Jarrott's memorial.[11][12]
Background
Darian Jarrott
Darian Jarortt was born on April 10, 1992, in the town of Silver City, he lived his life in a small city of Lordsburg and was stationed in Deming.[13][14] Jarrott was living in a house that was shared with his fiancee, Alycia Jarrott.[15] Darian Jarrott started his career as a transportation inspector in the New Mexico Department of Public Safety, he was certified as a law enforcement officer in 2014. On July 2015, Jarrott was officially sworn in as a New Mexico State Police officer, patrolling areas of Hidalgo, Grant and Luna counties. Jarrott was a father of three young children and was expecting a fourth child at the year of his murder.[16][17] Jarrott had a wife, Gabriella Jarrott, his parents were John Jarrott and Gloria Jarrott. Darian Jarrott's unnamed older brother is an inmate of Guadalupe Correctional Facility.[14][18] Jarrott was a 2010 graduate of Lordsburg High School in Hidalgo County.[19]
Jarrott's 9-year old daughter, described him as a "greatest dad ever".[20] Jarrott's peers said that he was an "involved father" who frequently posted photos of his children on social media. Jarrott was initially living in Carlsbad but moved to Lordsburg with his first wife, Gabriella Jarrott, who later divorced him. Reportedly, he was concerned about his children living in a separate city, so he visited them every week. Jarrot was described as a "happy" officer who was open to criticism at work, he also worked above average hours compared to others.[21] Jarrott met his new wife, Alycia Jarrott, when she worked at the local prison in Lordsburg, a place where Jarrott regularly brought in new inmates. They went on a first date on May 23, 2020, with their relationship quickly progressing. They eventually married and had a baby together.[15] Jarrott had no noticeable issues at his job prior to the incident. On February 3, 2021, one day before his death, Jarrott responded to a call about a male pointing rifle at people. According to police, Jarrott appeared to be in a state of heightened awareness, doing his job with no issues.[21]
Omar Cueva
Chief of NMSP, Robert Thornton, said that Omar Cueva had a violent criminal history that included charges of drug trafficking outside of New Mexico.[16][13] Reportedly, Cueva was federally charged with possession of crystal methamphetamine on September 2010. He and two other men were involved in a high-speed chase with police as they were buying drugs, the chase exceeded speeds of 100 miles per hour. Cueva's car eventually crashed into a fence and he, together with his associates, were arrested. Multiple assault rifles and 15 pounds of methamphetamine worth approximately $252,000 were found in the car. Cueva pleaded guilty to three counts of using a cellphone to facilitate drug offense, he was found guilty and sentenced to 10 years in prison on August 2011 before being released.[22]
Cueva was also charged with two counts of possessing controlled substance, importing cocaine, burglary and writing fake checks between 2000 and 2010 in Southern California.[22] According to court documents, Cueva was charged with importing approximately 37 pounds of cocaine on October 2002, pleading guilty and being sentenced to prison time and probation.[23] His other charges included vandalism and probation violation, prison records showed that Cueva was released from custody on August 8, 2019.[24][25] Cueva did not have criminal history in New Mexico, it is unclear how long he was living in the state. Cueva was 39 years old at the time of his death in 2021.[22][26]
Reportedly, Cueva dropped from 9th grade during his childhood and told the police during one of his arrests that he couldn't read. He said that he worked at an apprenticeship at West Coast Rail Constructors and lived with his grandmother and a wife who shared his infant child. He also struggled with methamphetamine abuse. In 2002, during the start of his crime spree, Cueva was living in El Centro, California. Months after his release from prison on August 8, 2019, Cueva got married and moved with his wife to Deming, New Mexico, living in a small house located southwest of the town. According to his wife's Facebook account, she was living in El Centro as well. A photo dated October 28, 2020 showed Cueva celebrating his wife's pregnancy, another photo showed him holding the baby while smiling. Approximately 18 months after their marriage, Cueva resumed his crime spree by smuggling drugs.[25] Cueva was known to carry firearms,[27] during his talks with undercover HSI agents, Cueva said that he needed his rifle for protection, and if he were to be caught, he would not go to jail again, implying that he would shoot any officer who would try to arrest him.[28][29]
Incident
HSI's plan to arrest Cueva
According to New Mexico State Police documents, HSI agent Hector Huerta, who was appointed as an acting supervisor for the Deming City Office, had received a confidential information from an informant few weeks before the shooting. The informant told the police that Cueva was planning to sell a "huge amount of narcotics". On January 28, 2021, an undercover HSI agent was sent to meet Cueva at a parking lot in Las Cruces, the agent bought approximately a pound of methamphetamine and 4,000 fentanyl pills from him. During the transaction, Cueva was reportedly acting paranoid, he took photos of surveillance vehicles and was armed with a fully loaded AK-47 rifle. The agent tried to buy the rifle from Cueva, but he refused. He said that the rifle was for "protection" because some of his clients "set him up". HSI planned to arrest him at the next deal, but the plan to arrest him was later cancelled because Cueva had to go to Arizona to get more supplies.[30]
On February 4, 2021, Cueva told undercover agents that he was ready to meet them and sell five pounds of methamphetamine. HSI choose state police officer Leonel Palomares and a police dog to make a traffic stop and informed him about everything they knew about Cueva. Prior to that day, on February 2, HSI sent a "be on a lookout" warning for Cueva as he was driving his car on Interstate 10. On February 3, agent Huerta said that Cueva was seen in Deming and requested assistance of state officer Mark Madrid for possibble traffic stop. Huerta said that officer Palomares was intended to make the traffic stop on February 4, 2021.[30] There were two plans to arrest Cueva on that day, the first plan involved officer Palomares pulling over Cueva's car on Interstate 10 with a group of HSI agents in a bulletproof SUV parked nearby, ready to act as a "quck reaction force". If the police was not able to find Cueva on Interstate 10 and he reached his meeting place, an undercover agent would give a special signal when he confirms that Cueva has methamphetamine, a group of tactical agents would ambush Cueva and arrest him.[29]
At approximately 10:30 a.m., HSI held a 45-minute conference to discuss how they are going to initiate Cueva's arrest. It was decided that they are going to monitor Cueva's house until he was seen leaving it. General description of his vehicle would be sent to officer Palomares, another state police officer would make the traffic stop. No state police were present at the briefing. HSI told Palomares contradicting messages, they said that Cueva was in a truck with his family and later said that he was driving alone. Reportedly, Palomares said to his partner that he "did not have a good feeling about the traffic stop", they also discussed how they are going to turn it into a felony stop if they saw Cueva's firearms.[29]
Traffic stop and shooting
At 11:25 a.m., HSI officer Matthew Rodriguez sent a text message informing everyone that four agents were stationed at mile markers 201 and 132. At 11:59 a.m., he sent another message, saying that officer Darian Jarortt pulled over Cueva at mile marker 102. As Jarott was pulling him over, two HSI agents were driving nearby in an armored vehicle, wondering why he was alone and had no back-up. They parked their vehicle 200 yards away from him and quietly watched. HSI agent Garrett Olsen asked Rodriguez if Jarrott was part of the operation, Rodriguez said that he does not know.[30] Meanwhile, officer Jarrot, after pulling Cueva over, told him that the reason for the stop was because his window tint was too dark. Cueva appeared to be cooperative at first but started being frustrated when Jarrott asked him if he had any firearms. Cueva stepped out of his truck carrying a AR-15–style rifle, Jarrot saw it and asked him if he could take it off him for his safety. Cueva then pointed the rifle at Jarrot and started firing it repeatedly, hitting him. Jarrot was yelling "Oh shit!" as he was shot. Jarrot fell to the ground, Cueva walked up to him and fired several more rounds at point blank range, including once in the head, before driving away in his truck. When the agents saw Cueva's truck driving away, they assumed that Jarrott has taken Cueva, minutes later, it was reported that officer was down.[31][30][32]
A passing semi-trailer truck driver saw Cueva holding a rifle, firing it, and Jarrott falling on the ground. He noticed a "very distinct smell" of gunpowder as he drove past the scene. As Jarrott was lying, HSI officer walked up to him and picked up his radio, shouting: "You have an officer down, I-10 westbound near Akela exit". Minutes later, more than a dozen emergency vehicles drove to the scene, that included police vehicles, ambulances and a helicopter. Officer Madrid would arrive to the scene, and saw medics trying to help Jarrott, a medic would approach him and say that there is "nothing they can do". Jarrott's niece soon called his wife, Alicia Jarrott, and told her that he is "injured". Alicia then began calling him repeatedly on the phone. The family of Jarrott received non-stop calls and messages on that day, they said that they answered none.[15] A preliminary autopsy found that Jarrot was shot atleast 6 times, being hit in the head, neck, shoulter, chest and the back.[29]
Car chase and investigation
After the shooting, multiple police departments that included New Mexico State Police, US Border Patrol, Dona Ana County Sheriff's Office and Las Cruces Police Department chased Cueva's car. The police said that they intercepted the car 15 miles away from the crime scene, where gunfire with Cueva was exchanged before he drove off again. Cueva drove to Las Cruces where police deployed spike strips to damage his tires, an officer executed a special move known as PIT maneuver, forcing the truck to turn sideways. Reportedly, Chevrolet Camaro belonging to a local police department was leading the chase.[2][33]
A video of the car chase was posted on the internet by a bystander named Austin Contreras, who worked at a construction site 40 miles away from the crime scene. It showed a police cruiser ramming into Cueva's truck, shoving it out of the road. Cueva was seen walking out of the truck, pointing a firearm at the police who were shooting him. One officer was seen crouching behind a police car closest to the truck. The video later shower Cueva lying motionless next to a vehicle. Police said that he was shot at least once and pronounced dead on the scene.[2] Cueva was wearing a bulletproof vest, a dashcam footage showed him rushing at a police officer and shooting him before being killed in a hail of gunfire. The officer who was shot was airlifted to a truma hospital in Texas where he was treated for non-life threating injuries and released.[33][34]
Adrian De La Garza, the officer who was shot, said that the bullet had pierced his right bicep and gone through the right one, ending on the right side of his back. Since that day, La Garza has been experiencing severe nerve pain, making his arm feel numb.[35] Footage from the scene showed him being treated by officers, who were taking La Garza's vest and equipment off.[36]
Immediately after the incident, the police searched Cueva's truck. They found a shopping bag filled with several packages of crystal-like material, AR-15 Style rifle with a skull drawn on it and a radio scanner. Pistol and rifle bullet casings were inside the truck together with several loaded rifle magazines. Police found 9mm handgun and a bag of crystal-like substance near Cueva's body, they also found a bloody $20 bill with a bullet hole through it. The police executed a search warrant at Cueva's house and found a shotgun, multiple types of ammo, bag of pills, six mobile phones and $1000+ in cash. Cueva's wife, Swanquist Chavez, was taken for interrogation by police. She said that Cueva had anger issues and asked her to buy a gun from a local pawnshop because there were "a lot of coyotes and wild animals around their house". When the interrogator told her that he was shot and killed she became "emotionally distraught" and was unable to continue talking.[37]
Legal proceedings
In April 2021, the widow of Darian Jarrott said that she was planning to sue the police for wrongful death, alleging that Darian Jarrott had not been informed of Cueva's violent history. Sam Bregman, a lawyer who was hired by Jarrott's family to represent them, said that they didn't give officer Jarrott a "fighting chance before he walked into an ambush", he said that since Cueva was a career criminal, there should have been a felony stop with "a lot officers around". Bregman had sent tort notices to the state but have not filed lawsuits at that time, he said that he will file additional notices against HSI by the "end of a week".[38][39]
On June 10, 2021,[40] a wrongful death lawsuit against the police was officially filed on behalf of widow's minor children and Darian Jarrott. The lawsuit sought unspecified damages, which included "costs of this action and any other relief the court deems just and proper". One alleged that Jarrott was not given training in special and high-risk operations unlike other officers.[41] During the year, lawyers in the case filed dozens of depositions and motions, with Mark Jarmie, state's lawyer, filing that Bregman was unable to provide enough evidence that Jarrott's widow had a valid claim. Eventually, it was decided that all parties will come on December 2022 and choose a trial date in 2023.[40] On July 2023, US federal judge, Kea Riggs, who was presiding over the case, dismissed one of the lawsuits, ruling that the government had a sovereign immunity and that its employees were using discretionary functions on the day of Jarrott's death.[42][43]
In November 2023, it was announced that the family of Darian Jarrott will receive $341,941 as part of a $500,000+ settlement for another lawsuit which was agreed on August 2023. Jarrott's four children will receive $45,867 each, approximately $160,000 will be paid to Gabriella Jarrot and Alycia Jarrott and remaining $181,579 will go to family's lawyers, $523,520 was paid in total. The settlement said that NMSP has reviewed its policies and claimed to have made changes to prevent similar shootings in the future.[44][45]
Reactions
Politicians
New Mexico state governor Michelle Grisham said that she was "shocked, heartbroken and enraged" by Jarrott's death. She ordered all flags in the state to be lowered half-staff from February 5 to sundown of February 9.[46] Lieutenant governor of New Mexico Howie Morales also condemned the shooting, stating: "With gratitude and heartfelt condolences, we honor Officer Darian Jarrot for his service, sacrifice and love". He later attended a meeting held in New Mexico Farm and Ranch Heritage Museum on July 23, 2021, supporting a resolution to rename portion of Interstate 10 in honor of Darian Jarrott.[47][48]
In 2023 ceremony, former representative Candie Sweetser gifted the family of Jarrott a flag of New Mexico and requested for them to flow it over NM State Capitol from the day he was killed to the day he was buried in a cemetery. Representative Crystal Diamond said that "sacrifice of Officer Jarrott will not be forgotten". Lordsburg mayor Glenda Greene read a proclamation that recognized "Jarrott's contributions" and "ultimate sacrifice in keeping the community and state safe". Representatives Siah Hempill and Jenifer Jones attended the ceremony, it was also attended by 3 Hidalgo County commissioners.[19]
Jarrott's family and police
Jarrott's former wife, Gabriella Jarrott, said that he had been led into a dangerous situation with no information or backup.[49] Jarrott's wife, Alycia Jarrott, said that she wished her baby, who was born on July 10, 2022, known him.[15] A friend and girlfriend of Jarrott, Ty Hendrix, said that her "head hurts for him and his family". Chief of Espanola Police Department, Roger Jimenez, who trained Jarrott in academy, said that he "was taken off this world too soon".[50]
A special memorial event was held on February 4, 2022, the ceremony by NMSP was held on Interstate 10 where they rededicated a corridor, the police named it: "Officer Darian Jarrott Memorial Corridor".[51] Hundreds of people visited a memorial run organized in El Paso on February 4, 2024, including family members and friends of Jarrott. Uniformed officers of New Mexico State Police and US Border Patrol also attended the event. Officer De La Garza, who was shot and injured by Cueva on the day of Jarrott's murder, was the organizer of the event, he addressed the crowd and thanked them for visiting it. He said that he will organize this event every year.[52] De La Garza organized a second memorial run on February 16, 2025 in Las Cruces city hall.[53][54]
On November 2022, after Jarrott's widow filed a lawsuit against New Mexico State Police and other agencies, NMSP chief Tim Johnson has publicly acknowledged that his agency made a mistake in handling Cueva's traffic stop. Tim Johnson was interrogated by Jarrott's attorney, Sam Bregman, as part of the lawsuit. He told Bregman that NMSP should have conducted the stop using multiple officers presenting an "overwhelming force" again Cueva and that it "should've been handled differently". He said that officer Madrid and Jarrot were unaware that 2 experienced NMSP officers working for HSI were in the area with a plan to arrest Cueva due to bad communication, and that somebody should have informed them about that. Tim Johnson also said that miscommunication from HSI to NMSP "cost Jarrott his life" and that it should have been treated as a felony stop, pulling Cueva over from a vehicle and giving him commands from cover and with weapons drawn.[55][56]
On March 13, 2024, a 32-page long incident report written by a committee of 8 NMSP officers was released to the public. It was written by a committee meeting on May 17, 2021, that discussed details of Jarrott's death. NMSP said that the reason why they released it is because they want it to be used as "a tool to improve officer safety and hopefully prevent a future tragedy". The report reviewed all errors that were made during the traffic stop and all possible tactics and actions police could have used.[57][58] The report was drawn from bodycam and dashcam footage of officer Jarrott dying. The report said that two HSI agents and state police supervisors said conflicting accounts on whatever the supervisor of the operation received "full disclosure" about Cueva's criminal history or HSI's plan to arrest him on Interstate 10. The report also said that officer Jarrott was not part of the operation and only received information about it through text messages. It said that the sergeant of the operation had "plenty of time" to add Jarrott to the group of texts and explain it. It concluded that to prevent similar incidents from happening, law enforcement agencies teaming up for the operation should share their details to everyone, make sure that everyone attends briefings and limit communications to only participating agencies.[59][60]
Aftermath
Funeral
After the shooting, a private funeral service for Darian Jarrott was scheduled to take place on February 12, 2021, at 2:00 p.m. It was held at Lordsburg High School's Maverick Stadium. The seating of the funeral was limited to the family of Jarrott and his friends from NMSP. No other agencies were allowed to attend the funeral. Media outlets were asked to bring no more than 2 reporters to the event due to health concerns.[61][62]
The funeral started at approximately 1:45 p.m when six officers, wearing nickel-plated revolvers, carried Jarrott's casket wrapped in an American flag. Relatives of Jarrott and dozens of NMSP officers attended the ceremony. During the service, officer Marco Valle gave a speech, explaining how he meet Jarrott at the academy and how they became friends and eventually roommates. He finished the speech by saying how Jarrott "will never be forgotten". Afterwards, the casket was taken to Shakespeare Cemetery, where after a formal gun salute, officer folded the flag at the casket. A female voice then read Jarrott's badge number, which was 1251, and said "41", which is a police code for ending duty. Three helicopters of US Border Patrol flew over the ceremony as a tribute.[63][64]
Jarrott's unnamed older brother, who is an inmate of Guadalupe County Correctional Facility, had requested permission to attend the event but was denied due to COVID-19 restrictions. Instead, the prison allowed him to watch the funeral service in the facility virtually. In an interview with KDBC-TV, he said that he is "devastated" and that watching the funeral through the screen "won't be the same".[65][14]
La Garza's injuries
After Cueva shot officer Adrian De La Garza, piercing his right bicep, armpit and the back, he was airlifted to hospital in El Paso. His injuries were described as "not life threatening" but have left him with a life altering consequences. He said that he has permanent disabilities, feeling numbness in his right hand and most of it's fingers, he also said that the right side of his back is numb. La Garza claimed that his hand had suffered significant nerve damage, causing him to always feel like it is "on fire". He said that the constant pain makes him struggle to concentrate and fatigues his body. La Garza was put on leave for 21 months before undergoing medical procedures and returning to his job on December 2022 as a motorcycle officer.[66][67]
On May 2021, La Garza was awarded Distinguished Service medal for his part in killing Cueva. On October 2021, he was awarded purple heart for the injuries and silver star for bravery. La Garza was also thanked at a ceremony at a National Police Hall of Fame. Las Cruces police chief, Miguel Dominguez, said at the ceremony that he is saddened by Jarrott's death but proud of La Garza's actions, he said that La Garza "was and is a hero" of his department.[66][68]
Memorials
On July 2021, a 18-mile stretch of Interstate 10 was turned into a memorial corridor after New Mexico state commissioners unanimously voted for it in a meeting held by Howie Morales. The memorial corridor extended from mile posts 84.8 to 103.1 in Luna County, it was officially named as "New Mexico State Police Officer Darian Jarrott Memorial Corridor". On February 4, 2022, the memorial corridor was redidcated by NMSP.[69][51]
On November 7, 2023, Hidalgo County build a $150,000 monument honoring Darian Jarrott near Hidalgo County Courthouse. The monument was build with the approval of representative Crystal Diamond and Candie Sweetser. The monument featured a human-sized silhouette cutout of a police officer saluting and writings that included prayers for police officers. It also included lights, seats and a flagpole.[19][17] On April 3, 2025, NMSP renamed its District 12 headquarters building in Jarrott's honor after a memorial ceremony.[70][71]
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