A fired New Mexico police officer was charged on Thursday with second-degree murder after a Latino man died in his custody, whom he put in a chokehold.

Prosecutors upgraded the charges from manslaughter to second-degree murder.

State Attorney General Hector Balderas said he filed the charges against Las Cruces cop Christopher Smelser after police said Smelser performed the chokehold on Antonio Valenzuela.

Smelser had a foot chase after Valenzuela fled during a traffic stop in February.

Smelser can be heard on the video saying, "I'm going to (expletive) choke you out, bro."

Valenzuela was pronounced dead at the scene. The coroner said he died from asphyxial injuries.

In a statement, Balderas said he was responsible for the prosecution of Smelser from the Third Judicial District Attorney's office in Las Cruces.

He noted that he is "focusing on appropriate charges for violent and dangerous chokeholds."

Amy L. Orlando, who is Smelser's attorney, said this was a political move aiming to grab headlines. She also called the charges "sad."

"Officer Smelser used a technique that was sanctioned by the department. He was trained in the technique. And of a sudden it's banned after and he's a criminal," Orlando was quoted in a report.

Smelser and Valenzuela in February

Valenzuela ran from officers during a traffic stop on February 29. Smelser was one of the police officers, who chased the Latino man.

Valenzuela was put in a neck restraint and was announced dead at the scene. 

The Office of Medical Investigator said his death was a homicide due to asphyxiation. It also said that the methamphetamine in Valenzuela's system contributed to his death.

The Las Cruces Police Department said the neck restraint applied by Smelser has been prohibited after the Latino man's death.

Smelser: Alleged Death Threats and Clean Record

On June 8, reports said Smelser has been released without bond ahead of his trial.

Prosecutor Bryan Gelecki did not seek to hold Smelser ahead of trial but asked for a $50,000 secured bond. 

Orlando has filed a motion seeking an expedited first appearance after Smelser allegedly received death threats following the released of the medical examiner's report publicly.

Gelecki said the death threats and publicity, including the gravity of the charge deserve a high cash bond.

Orlando highlighted Smelser's clean disciplinary record, lack of criminal history, and family ties in the community.

Smelser was named as an officer of the month twice and graduated from LCPD Academy in March 2016.

LCPD Sgt. Sean Terry testified and said that Smelser was one of his top performers.

In 2019, Smelser and Jesse Gonzales were named officers of the month after arresting a man in possession of  27 grams of methamphetamine and two grams of heroin.

Smelser was also the officer of the month in December 2019 based on arrests made during the whole month.

In December 2016, Las Cruces man Samuel Pirtle filed a complaint against four officers, including Smelser for dislocating his shoulder. Smelser's part in the incident wasn't clear.

According to Pirtle, he and his wife had an argument one night. He was sitting on a curb having trouble breathing, when the cops arrived.

Pirtle claimed that one officer pulled his arm so far up that he could feel his hair. He was let go with a criminal citation.

He was taken to Mesilla Valley Hospital for treatment.

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