Elijah Hadley Murder

Elijah Hadley

Elijah Hadley, a 17-year-old member of the Mescalero Apache Tribe in Otero County, was tragically shot and killed on June 25, 2024. A video released by the Otero County Sheriff’s Office revealed that he was shot up to 19 times. His grieving family continues to seek answers and demand justice for his death.

Elijah Hadley

Elijah Hadley murder

Timeline of Events: The Shooting of Elijah Hadley

June 25, 2024

  • Incident: The New Mexico State Police Investigations Bureau was requested to investigate an officer-involved shooting involving the Otero County Sheriff’s Office (OCSO).
  • 10:45 PM: OCSO Deputy Jacob Diaz-Austin was dispatched to conduct a welfare check on Elijah Hadley, a 17-year-old walking in the median of US Highway 70 near mile marker 240.
  • 11:12:21 PM: Deputy Jacob Diaz-Austin orders Elijah Hadley to show his hands and specifically asks him to show the other hand.
  • 11:12:24 PM: As Elijah drops what is later identified as an airsoft pistol, Deputy Diaz-Austin opens fire without issuing any prior warning hitting Elijah Hadley four times.
  • 11:12:27 PM: Elijah Hadley collapses to the ground., screaming in pain and shouting, “It’s just a BB gun!”
  • 11:12:30 PM: Deputy Diaz-Austin radios dispatch, reporting “Shots fired” while Hadley lies on the ground, still screaming.
  • 11:12:38 PM: Diaz-Austin radios dispatch again, repeating, “Shots fired.”
  • 11:12:47 PM: Diaz-Austin yells, “Let me see your hands.” Elijah complies and holds his hands up while still on the ground.
  • 11:12:53 PM: While Hadley remains on the ground with his hands in the air, the deputy repeats the command to show his hands.
  • 11:13:05 PM: With Hadley still on the ground holding his hands up, Diaz-Austin radios dispatch again, repeatedly yelling “Shots fired” and then fires additional shots.
  • 11:13:54 PM:Hadley attempts to roll onto his stomach. Diaz-Austin yells, “Don’t move, or you will be shot again.”
  • 11:14:11 PM: Hadley remains motionless while Diaz-Austin screams, “Don’t move,” and radios dispatch.
  • 11:14:38 PM: Diaz-Austin yells again, “Don’t move, or you’re going to get shot again,” although Hadley shows no movement.
  • 11:14:55 PM: While still on the line with dispatch, Diaz-Austin screams, “Don’t reach for that gun; you’re going to get shot,” even though Hadley remains unresponsive.
  • 11:15:46 PM: When Hadley attempts to roll onto his stomach, Diaz-Austin opens fire again, shooting him 12 more times as he lies on the ground.
  • 11:16:03 PM: After firing the additional rounds, Diaz-Austin radios to dispatch, reporting, “Subject down.”
  • Despite retrieving a medical kit, Diaz-Austin neither renders aid nor moves the airsoft pistol.
  • 11:23 PM: Otero County deputies arrived and checked Hadley’s body for a pulse. He was pronounced dead at the scene.

June 27, 2024

  • New Mexico State Police published statement on  Website and on social media that Hadley had presented what appeared to be a firearm, prompting Diaz-Austin to fire. It was later confirmed that the object was an airsoft gun. The OCSO deputy will not be identified by the New Mexico State Police. For information on his duty status or administrative actions taken, please contact the Otero County Sheriff’s Office. New Mexico State Police Investigations Bureau agents are working to independently determine the series of events leading to the shooting, including collecting evidence and conducting interviews. Throughout the process, investigative findings will be shared with the district attorney for review. Post

June 2024

  • Diaz was placed on administrative leave. A spokesperson said that Diaz fully cooperated with the independent New Mexico State Police investigation.

July 1, 2024

  • Interview with Diaz-Austin: He reported that Hadley stated, “You’re going to kill me” and “I’m going to fucking die” during their interaction.

July 8, 2024

  • During the public comments phase of a recent meeting, several individuals spoke passionately about the memory and loss of Elijah Hadley, urging the county commissioners to leverage their authority in oversight and budget control to seek answers on behalf of the public. Meeting
  • County Attorney RB Nichols addressed the incident, explaining that the local district attorney’s office had transferred the case to an independent DA’s office in Albuquerque for review and investigation. Nichols emphasized that this step was taken to ensure there was “no perception of local bias” and assured the public that the case is currently under review by the authoritative agency.

July 2024

  • The State Police completed their investigation into the shooting, acting as fact-finders. They did not determine whether the shooting was justified.

July 12, 2024

  • Shooting Video released

July 31, 2024

  • 9:00 AM, Saturday: The March for Justice for Elijah Hadley was held at the Fairgrounds, where friends, family, and supporters gathered to raise awareness about Elijah’s tragic death. The march called for justice and demanded the release of information regarding Deputy actions and status.

August 3, 2024

  • The March for Elijah Justice Rally, organized by friends and family of Elijah Hadley, saw 62 people come together in solidarity. Participants expressed their concerns about Elijah’s tragic death, the lack of justice, and the limited flow of information to his grieving family.

August 10, 2024

  • A petition has been created calling for the removal of Otero County Sheriff David Black from office. The petition, titled “Justice for Elijah Hadley,” demands accountability and leadership changes within the Otero County Sheriff’s Office following the tragic death of Elijah Hadley. Supporters of the petition believe Sheriff Black has failed to address the community’s concerns and ensure transparency in the investigation. Link

August 11, 2023

  • A March and Protest was held at the Otero County Sheriff’s Office in Alamogordo, NM, 88310. Participants gathered to demand justice for Elijah Hadley, accountability for Deputy actions, and greater transparency in the investigation. The event highlighted the community’s ongoing frustration and commitment to seeking answers.
  • Family Created a Gofundme to help offset expenses to fight for justice. Gofundme

August 27, 2024

  • New Mexico Department of Public Safety announced that the investigation into the June 25 shooting had been transferred to the 2nd Judicial District Attorney’s Office to be reviewed for possible criminal charges — a process that occurs once a police shooting investigation has been completed

August 29, 2024

  • The Otero County Sheriff’s Office confirmed that Diaz-Austin was on paid administrative leave.
  • Dash camera footage revealed that Hadley had dropped the airsoft gun before Diaz-Austin fired additional shots as Hadley lay incapacitated.

September 7, 2024

  • The Memorial Walk for Elijah Hadley brought together family, friends, and community members to honor Elijah’s memory and demand justice for his tragic death. The walk served as a solemn tribute to Elijah’s life and a call for accountability and transparency in the ongoing investigation.

September 9, 2024

  • Otero County sheriff, refused to confirm whether Diaz-Austin remained on leave, stating that the administrative leave status of any sheriff’s office employee “is the result of an internal inquiry being conducted. This procedure could result in matters of disciplinary action, precluding the release of this information at this time.”

September 11, 2024

  • in The Board of County Commissioners meeting Sheriff Black made a statement on the Otero County Sheriff deputy involved shooting on Elijah Hadley. Sheriff Black stated that there are 3 agencies investigating this incident and that the Sheriff’s office is fully cooperating with the investigation. Link

September 16, 2024

  • Diaz-Austin was cleared of any charges by the Otero County Sheriff’s Office (OSCO) after three separate internal reviews of the incident, and returned to full duty status as a patrol deputy. The reviews followed an internal investigation into use of force tactics use during the shooting, and the sheriff’s office said it found Diaz-Austin acted in accordance with the agency’s policies.

November 14, 2024

  • Sheriff Black gave an update on the deputy involved shooting of Elijah Hadley; the District Attorney from Bernalillio County has sent this investigation to a use of force expert for review. The review should be done in January.

January 13, 2025

  • The Bernalillo County District Attorney’s Office filed an open count of murder against Jacob Diaz-Austin for the fatal shooting. 12th District Attorney’s Office in July 2024 asked Bernalillo County to take on the case. This was potentially due to conflicts with the local prosecutors charging a local police officer with First Degree Murder (Willful & Deliberate) Case Number: D-1215-CR-202500006  Charges
  • If convicted, Diaz-Austin could face a sentence of life in prison, along with five years of parole, according to the criminal complaint filed Monday. He could also be convicted of second-degree murder and sentenced to up to 18 years’ incarceration and two years of parole. A firearm enhancement could be added for using a gun while committing a felony, meaning another five years could be added to the prison term.
  • Otero County Sheriff’s Office: said it learned of the first-degree murder charge filed against Diaz “without advance notice” by the Bernalillo County DA’s Office. “Deputy Diaz has been placed on administrative leave status, pending conclusion of the judicial process,” the Otero County Sheriff’s Office said in a statement.
  • Family Statement: The Hadley family expressed hope that the charges were a step toward justice, stating, “Elijah was shot 20 times — at least 15 of those shots came as he lay on the ground, bleeding, unarmed, and screaming in pain.”

Court Details:

January 27, 2025

  • Diaz-Austin is scheduled to be arraigned and could enter a plea on the charge by video conference before 12th District Judge John P. Sugg.


Elijah Hadley murder

Deputy shooting of Elijah Hadley

Video captured by the patrol vehicle’s dash camera showed the gun left the teen’s hands before the deputy opened fire. Elijah Hadley was shot and fell to the dirt, repeatedly screaming, “It’s just a BB gun.”

Minutes later, as the 17-year-old boy rolled on the ground, apparently unable to get up, Otero County deputy Jacob Diaz-Austin fired again and again.

Elijah Hadley murder

Deputy Jacob Diaz-Austin

Deputy Jacob Diaz-Austin , 28 born in 1996

May 2021 Graduated from the law enforcement academy with no prior law enforcement experience.

March 2022 Completed Crisis Intervention Team certification, training designed for law enforcement officers dealing with individuals with behavioral health issues.

Deputy Jacob Diaz-Austin, badge #S042, fatally shot Elijah Hadley over 19 times while he was on the ground, unarmed, and posing no threat.

January 13, 2025 Charged with First Degree Murder (Willful & Deliberate)  Case Number: D-1215-CR-202500006