LAS CRUCES –District Judge Fernando Macias sentenced Zachary Cadena, 23, of Chaparral, to two and a half years minus one day in prison after a Las Cruces jury convicted him in April of battery upon a peace officer and resisting, evading or obstructing an officer,Doña Ana County District Attorney Mark D’Antonio announced Thursday. Battery upon a peace officer is a fourth-degree felony, while the resisting charge is a misdemeanor. Macias imposed the maximum prison sentence on both counts.
Assistant District Attorneys Tim Nuccio and Thomas Erickson prosecuted the case on behalf of the State. Detective Chase Thouvenell of the Doña Ana Sheriff’s Department served as the case agent.
On September 12, 2015, Doña Ana Sheriff’s Deputy Brandon Switzer responded to a disorderly conduct call in Chamberino, which sounded like a minor disturbance. The deputy located Cadena walking down an unlighted dirt road, and identified him as the suspect in the disorderly conduct call. However, Cadena began resisting when the deputy attempted to handcuff him.
The deputy was struck several times during the scuffle, and ultimately had to deploy his Taser to subdue Cadena. Switzer attempted several times to call for emergency backup assistance, but his handheld radio had been inadvertently changed from a dispatch frequency to a weather channel during the altercation. Only after the fight ended was the deputy able to get to his car and use his radio to call for help.
The incident was partially captured on dashcam video. Cadena’s request to argue self-defense was denied by the court because he was unable to present evidence that he acted in self-defense or that his actions were reasonable.
“This case should send a clear message,” D’Antonio said. “If you attack our police officers while they are trying to do their jobs and serve our community, we will prosecute you and you will go to prison.”
An administrative review of the deputy’s actions found no violation of department policy.
After serving his sentence, Cadena must complete one year of parole.
Information from Third Judicial District Attorney's office