Singleton Schreiber Files Wrongful Death and Civil Rights Lawsuit After Officers Allegedly Abandoned Army Veteran's 911 Suicide Call
Las Cruces, NM – A wrongful death and civil rights lawsuit has been filed against the City of Las Cruces, two Las Cruces Police Department officers, and the Mesilla Valley Regional Dispatch Authority (MVRDA) arising from the April 17, 2025 death of Jacob Garcia, a 28-year-old decorated Army veteran. The suit was filed today by Singleton Schreiber LLP alongside co-counsel Theodore R. Markowski of Markowski Ruvalcaba Law Firm, LLC, in Doña Ana County Third Judicial District Court.
Just weeks after returning home to Las Cruces, Jacob called 911 to report that he was armed and suicidal, pleading with the dispatcher to "get someone there now." The call was classified as a Priority High suicidal-subject emergency, and two Las Cruces Police Department officers, Hector Lopez and David Udero, were dispatched to his apartment alongside fire and medical units.
According to the complaint, filed in Doña Ana County Third Judicial District Court, neither officer approached Jacob's apartment, knocked on his door, or made any attempt to contact him. Instead, the officers allegedly remained in their vehicles, directed dispatch to cancel the responding fire and ambulance units, turned off their body cameras, and left — all without confirming that Jacob had been located or was safe. The complaint further alleges that MVRDA executed the officers' stand-down order without question and failed to re-dispatch or escalate the call even after receiving a second, independent report of Jacob's suicidal intent approximately 45 minutes later.
"Jacob Garcia served his country for over a decade, came home, and reached out for help when he needed it most." said Marisa A. Ong of Singleton Schreiber, co-counsel for the Garcia family. "This was not a tragedy beyond anyone's control. These were deliberate choices made by people with a duty to act, and Jacob's family deserves accountability for every one of them."
The complaint details that Jacob was still alive and communicating after the officers departed. Text message records show he was in contact with his brother as late as 2:03 p.m., well after the scene had been cleared. He died of a gunshot wound during a window in which, the complaint alleges, emergency responders could have reached him had they not been sent away. His brother arrived at the apartment to find him mortally wounded and called 911. Only then were fire, air ambulance, and ground ambulance units dispatched.
The lawsuit asserts claims of negligence, wrongful death, and violations of the New Mexico Civil Rights Act, alleging that the officers' conduct constituted a "state-created danger," an affirmative act by government officials that placed Jacob in greater peril than he would have faced had no response been sent at all. The suit seeks damages under New Mexico's Wrongful Death Act, Civil Rights Act, and Tort Claims Act on behalf of Jacob's estate and his family.
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Jacob Garcia, a 28-year-old decorated Army veteran |
About Singleton Schreiber
Singleton Schreiber is a client-centered law firm with expertise in mass torts, multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, insurance bad faith, tribal law, and sex abuse/trafficking. Home to the nation’s largest fire litigation practice, the firm has represented over 30,000 wildfire and explosion victims and played leading roles in high-stakes cases nationwide. The team is pursuing groundbreaking litigation against Tesla’s autopilot system, serving in leadership in national hair relaxer litigation, and advocating for survivors of abuse by major hotel chains. Its civil rights practice tackles police misconduct, excessive force, wrongful incarceration, and free speech violations, using strategic litigation to drive reform. With deep experience in complex claims, Singleton Schreiber is committed to holding corporations accountable and helping communities recover.
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