Mora County man passes out during struggle with police
A struggle with officers during a traffic stop led to a man being placed in a headlock and losing consciousness, court records show.
Just before 3 a.m. on Nov. 18, Las Vegas Police pulled a car over for speeding. According to a statement of probable cause filed in San Miguel Magistrate Court, one officer spoke to the woman driving as a second officer spoke to the passenger, 23-year-old Daniel A. Gallegos, of Cleveland, N.M.
When the officer spotted a knife on the center console of the car, he ordered Gallegos and the woman to exit the vehicle. As an officer checked Gallegos for weapons, Gallegos pulled away from him and turned to face him, according to police.
The officer reportedly struggled with Gallegos, eventually pushing him against the vehicle while ordering him to stop resisting. According to the officer, he feared for his safety because he could not see Gallegos’ hands. Another officer applied what police described as a “wrist lock technique” on Gallegos’ right wrist, but police say Gallegos continued to struggle and pull his hands away from the officers.
According to the probable cause statement, an officer then “performed an impact takedown” on Gallegos, and while on the ground, police say, Gallegos grabbed an officer’s hand, refusing to let go despite numerous commands to release his grip. Police then placed Gallegos in a “rear headlock,” causing Gallegos to lose consciousness.
Officers handcuffed Gallegos while he was unconscious, but according to the probable cause statement, Gallegos regained consciousness in “approximately five seconds.”
An ambulance was called to check on Gallegos, and he was treated for a cut on his left arm from what police described as “a prior incident.”
During a search of the car, near where Gallegos was sitting, police located a container with what officers suspected to be marijuana, as well as a glass pipe used for smoking marijuana.
The woman was cited for traffic violations and released. Gallegos was transported to Alta Vista Regional Hospital for medical clearance before being booked into the San Miguel County Detention Center. He has been charged with felony battery upon a peace officer and three misdemeanors for resisting arrest, possession of marijuana and possession of drug paraphernalia.
Gallegos is being represented by public defender David Silva. Attempts to contact Silva for comment were unsuccessful.
During a Nov. 18 hearing in San Miguel Magistrate Court, Judge Melanie Rivera set bond for Gallegos at $5,000, citing that he has two pending cases, has failed to appear for court on eight occasions and that he once absconded from probation.
In a pending case from April, Gallegos is accused of child abuse for placing two children in danger when he fought with a woman, allegedly striking her with a propane tank. The case has been remanded back to Magistrate Court and is awaiting a plea hearing. Gallegos is on probation from an April DWI case in which he accepted a plea agreement earlier this month, pleading guilty to misdemeanor DWI.
At a Nov. 21 review hearing, Judge Rivera ordered the bond amount to remain the same, but did allow Gallegos to apply to inpatient drug treatment programs.
On Monday, Gallegos was accepted into a program in Carlsbad. He is scheduled to begin treatment Dec. 4.
