Justices rejected Dominic De La O’s challenges to the jury instructions, evidence, denial of a mistrial and aggravated sentences imposed after Anthony Ferguson’s 2023 death.

Organ Mountain News report

SANTA FE - The New Mexico Supreme Court has upheld the first-degree murder conviction and life sentence of Dominic De La O, who fatally shot Alamogordo police Officer Anthony Ferguson after fleeing an attempted traffic stop in July 2023.

The court affirmed De La O’s convictions for first-degree murder, tampering with evidence, aggravated fleeing from a law enforcement officer, resisting or evading an officer and criminal trespass.

De La O was convicted in November 2024 and sentenced to life in prison without the possibility of release or parole.

“No court decision can bring Officer Ferguson back or take away the pain his family has endured, but I am proud of the work of our office to secure justice for his loved ones by ensuring that De La O will spend the rest of his life in prison,” Attorney General Raúl Torrez said. “Officer Ferguson served with bravery and dedication, and his commitment to his community is a model for all New Mexicans.”

The shooting occurred during the early morning of July 15, 2023, after an Alamogordo officer attempted to stop a vehicle that did not have illuminated taillights.

According to the Supreme Court’s decision, two women got out of the vehicle when it stopped, but De La O drove away. He later crashed into a utility pole during a high-speed chase through a residential neighborhood, then fled on foot carrying a sawed-off shotgun.

De La O fired the shotgun at Ferguson as officers pursued him. Ferguson was shot in the face and died from his injuries the following day. De La O discarded the shotgun and a blue T-shirt while running before police shot him in the leg and took him into custody.

Ferguson was an 11-year veteran of the Alamogordo Police Department and served as a field training officer.

De La O did not dispute at trial that he fired the shot that killed Ferguson. His defense argued that he acted impulsively rather than with the deliberate intent required for first-degree murder.

On appeal, De La O raised four primary challenges. He argued that the jury instructions improperly combined the elements of first- and second-degree murder with the aggravating circumstance that the victim was a peace officer. He also challenged whether there was sufficient evidence to support the murder and evidence-tampering convictions, argued that the trial court should have declared a mistrial after a witness mentioned an outstanding warrant and contested the aggravated sentences imposed for fleeing and tampering.

The Supreme Court rejected each argument.

The justices concluded that the jury instructions, when read as a whole, made clear that jurors first had to find De La O guilty of deliberate first-degree murder before considering whether the killing involved the aggravating circumstance of murdering a peace officer.

The court also found sufficient evidence that De La O acted deliberately. The decision said jurors could reasonably infer intent from his repeated decisions to flee, retain the shotgun after crashing, continue running from officers and fire at Ferguson as officers closed in.

The justices upheld the evidence-tampering conviction, concluding that De La O discarded the shotgun and clothing while fleeing in an effort to avoid apprehension, identification or prosecution.

The court also ruled that a witness’s brief reference to an outstanding warrant did not warrant a mistrial because the trial judge struck the testimony, instructed jurors to disregard it and the evidence against De La O was otherwise overwhelming.

Finally, the justices upheld the aggravated sentences for fleeing and tampering, ruling that the trial court could consider De La O’s use of a sawed-off shotgun and the fact that he committed the crimes while on conditions of release.

The court unanimously affirmed the convictions in a decision filed July 9.

De La O was also sentenced in federal court in June 2025 to eight years in prison for firearms offenses connected to Ferguson’s killing.