Court records say the child struggled to breathe, suffered visible injuries and was offered a toy to keep quiet about the alleged assault

Damien Willis, Organ Mountain News

LAS CRUCES - An Anthony woman faces a first-degree felony child abuse charge after authorities alleged she placed her 6-year-old daughter in a chokehold while the girl was crying, leaving her unable to breathe and causing visible injuries around her neck and eyes.

Angela Gomez Luera, 26, was arrested Tuesday, Oct. 20, on a warrant charging her with intentional or reckless child abuse resulting in great bodily harm, according to documents filed in Doña Ana County Magistrate Court.

The charge carries a basic sentence of 18 years in prison under New Mexico law if she is convicted.

According to a statement of probable cause filed by Doña Ana County Sheriff's Office Detective Benjamin Perkins, the girl told investigators her mother choked her until she screamed. She also reported that her mother believed she had killed her and later offered to buy her a toy if she kept the incident secret.

The alleged assault occurred Oct. 11 at a residence on Fox Road in Doña Ana County.

Father discovers injuries, takes daughter to hospital

The investigation began Oct. 11 when a sheriff's deputy responded to Memorial Medical Center in Las Cruces following a report of child abuse.

According to the probable-cause statement, the girl's father, Joseph Gutierrez, told investigators he had picked up his daughter at approximately 7 p.m. that evening and noticed visible injuries to her face.

Gutierrez and Gomez Luera share custody of the child, according to court records.

The girl told her father that her mother had placed her in a chokehold, prompting him to take her to the hospital for medical evaluation and treatment.

At Memorial Medical Center, Deputy Rivera observed redness around the girl's neck and eyes, along with visible injuries to her face, according to the affidavit.

Investigators learned that the alleged choking lasted several seconds while the child was in her mother's care.

Gutierrez took his daughter to MountainView Urgent Care on Valley Drive for a follow-up medical examination Oct. 13, the court documents state.

Girl describes choking during forensic interview

On Oct. 14, Detective Perkins went to the child's elementary School to continue investigating the allegations.

He met with another sheriff's official who had encountered the child and observed redness around her eyes and bruising around her eyelids, according to his sworn statement.

The detective also learned that the girl had complained of pain to the school nurse and requested an ice pack.

A forensic interview was conducted by La Piñon, during which the child provided a more detailed account of the alleged assault.

According to the affidavit, the girl said her mother placed her in a chokehold while she was crying.

She told investigators she could not breathe and that her mother stopped choking her after she screamed.

The girl also reported that her mother thought she had died during the incident.

In another statement documented by investigators, the child said her mother had “made her die” while choking her.

The girl further alleged that Gomez Luera instructed her not to tell anyone about what happened and promised to buy her a “squishy” toy if she kept it secret.

The probable-cause statement does not describe any additional alleged assaults involving the child.

First-degree felony charge filed

A magistrate judge found probable cause Oct. 14, and an arrest warrant was issued that day.

The criminal complaint, filed Oct. 15, charges Gomez Luera with one count of intentional or reckless child abuse resulting in great bodily harm under Section 30-6-1(D) and (E) of the New Mexico Criminal Code.

The complaint alleges that Gomez Luera intentionally or recklessly placed the child in a situation that endangered her life or health by putting her in a chokehold, causing difficulty breathing and visible injuries.

Under New Mexico's sentencing statutes, a first-degree felony carries a basic prison sentence of 18 years. Any sentence would depend on the outcome of the criminal proceedings and applicable sentencing provisions.

Gomez Luera was arrested at approximately 3:16 p.m. Oct. 20 at 1850 Copper Loop in Las Cruces, according to the arrest warrant return and detention center records.

She was booked into the Doña Ana County Detention Center at 4:50 p.m.

The arrest warrant initially specified no bond. The detention center booking report subsequently listed a $0 bond amount and release-on-recognizance designation. The records reviewed do not establish whether Gomez Luera has since been released or remains in custody.

The child is not being identified because of her age and the nature of the allegations.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.