A New Mexico police officer has been charged with involuntary manslaughter after a newly surfaced video showed him telling a man "I'm going to f**king choke you out, bro," NBC News reported.

Body camera footage of the traffic stop released this week showed former officer Christopher Smelser killing Antonio Valenzuela on Feb. 29. On the day of Valenzuela's death, the Las Cruces Police Department drafted a letter stating its intent to fire Smelser.

Findings from the autopsy obtained by the police chief on June 4 revealed Valenzuela died from “asphyxia injuries due to physical restraint." The autopsy report also found methamphetamines in Valenzuela's system, which "significantly" contributed to his death, NBC News reported.

Las Cruces Police Chief Patrick Gallagher said, following the release of the autopsy report, that the use of vascular neck restraints would be immediately prohibited.

On the night of the incident, Valenzuela was wanted for a parole violation and ran from officers during a traffic stop, a statement from the Third Judicial District attorney read, according to NBC News.

The statement added that a stun gun was used on the 40-year-old twice before Smelser placed him in a chokehold to gain control.

In the video, Smelser can be heard saying "I'm going to f**king choke you out, bro," as Valenzuela struggled to breathe. You can view the full video of the incident here.

Here’s the now former Las Cruces officer that is going to be charged in the death of Antonio Valenzuela.

According to District Attorney Mark D'Antonio, officer Christopher Smelser used a vascular neck restraint technique which resulted in the death of Valenzuela. pic.twitter.com/o3HctBRHH1

— Patrick Hayes (@KOBPatrickHayes) June 8, 2020

Smelser's attorney released a statement saying the former officer regrets Valenzuela's death, however, he "ran from police, was under the influence of drugs, had drugs on his person, had a weapon, actively resisted and violently fought the officer," Las Cruces Sun-News reported. Amy Orlando, Smelser's attorney, did not say what kind of weapon was found on Valenzuela at the time but that it was discovered in the pocket that he was allegedly reaching for.

She described Smelser's use of the chokehold as a "last resort."

Orlando added that the facts surrounding the killing of George Floyd in Minnesota differ vastly from this case. Floyd was handcuffed on the ground while an officer pressed his knee into his neck for nearly 10 minutes as he was heard saying "I can't breathe."

Despite Orlando's statement, Sam Bregman, the lawyer for Valenzuela's family, said he didn't attack the officer, brandish a weapon or threaten him.

“He was running away,” he said. “There was absolutely no justification to choke him, and certainly nothing to justify killing him.”

Bregman said that Valenzuela's family wants Smelser to have his charge elevated. A petition calling for justice in his killing has been created.

“This police officer literally said, ‘I’m going to choke you out, bro,'” Bregman said. “That is not involuntary manslaughter. That is second-degree manslaughter.”

The Las Cruces Sun-News reports Smelser was on administrative leave before being fired on June 5.

Antonio-Valenzuela

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