Felipe Hernandez files appeal, seeks release pending review of manslaughter conviction
Felipe Hernandez has appealed his voluntary manslaughter conviction in the 2023 shooting death of Teresa Gomez and is seeking release pending appeal, court records state.
Former Las Cruces police officer challenges denial of new trial in Teresa Gomez case
Damien Willis, Organ Mountain News
LAS CRUCES - Former Las Cruces police officer Felipe Hernandez filed a notice of appeal Friday challenging his voluntary manslaughter conviction in the 2023 shooting death of Teresa Gomez and is seeking release pending appeal under state law, according to court records.
A jury found Hernandez guilty Jan. 28 of voluntary manslaughter, a third-degree felony, in connection with Gomez’s death. He was originally charged with second-degree murder.
On Feb. 6, 3rd Judicial District Judge Richard M. Jacquez sentenced Hernandez to six years in prison, enhanced by five years for use of a firearm. With three months of presentence confinement credit and two years suspended, Hernandez faces a total term of eight years and nine months in the custody of the New Mexico Department of Corrections, followed by parole and supervised probation, court records state.
The court designated the conviction a serious violent offense.
Jacquez denied Hernandez’s motion for a new trial following a Feb. 6 hearing.
Appeal filed
Court filings show Hernandez submitted a notice of appeal to the New Mexico Court of Appeals, challenging the judgment and sentence entered in district court.
In a separate motion, defense attorney Jeff C. Lahann requested permission for Hernandez to proceed in forma pauperis, stating that Hernandez is in custody and presumed indigent and that his family is unable to assist financially with the appeal. The motion seeks appointment of the Appellate Division of the Law Office of the Public Defender to represent him.
Motion for release pending appeal
Hernandez also filed a motion seeking release pending appeal under state statute.
In that filing, the defense argues that voluntary manslaughter is not defined as a “violent offense” under Section 31-11-1(D) and that Hernandez therefore qualifies for release if the court finds by clear and convincing evidence that he is not a flight risk or a danger to the community.
The motion states that Hernandez is a lifelong Las Cruces resident, a homeowner and father, and that he complied with all pretrial conditions while released on an unsecured bond for more than two years prior to trial.
The defense further argues that the appeal raises a “substantial question of law,” specifically challenging the court’s denial of the motion for a new trial related to statements made by the prosecution during rebuttal closing arguments.
According to the motion, the appeal is not intended for delay.
A request for a hearing on the motion for release has been filed. As of Saturday afternoon, no hearing date had been scheduled.
Case background
Hernandez, who served as a Las Cruces police officer, was charged in connection with the October 2023 shooting death of Teresa Gomez.
After a jury trial in October 2025, jurors acquitted him of second-degree murder but found him guilty of the lesser-included offense of voluntary manslaughter with a firearm enhancement.
The New Mexico Court of Appeals will review the case once briefing is complete.
Damien Willis is founder and editor of Organ Mountain News. He can be reached at OrganMountainNews@gmail.com or on X at @damienwillis.
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