Screen grab KRQE

Footage from a deputy’s camera shows the fatal shooting of 32-year-old Nathan Roybal, blurred, as he is running away after exiting the pickup he was driving June 23.

Twenty-one days after Santa Fe County sheriff’s deputies shot and killed a man on Siler Road, New Mexico State Police has refused to name the deputies and has released little information about its investigation of the incident.

Newly released video from the deputies’ cameras show they fired about 10 shots at 32-year-old Nathan Roybal after he got out of a bullet-riddled black Ford Ranger, dropped a gun and was running away — mostly with his back to them.

The footage, first obtained and reported by KRQE-TV, shows a different series of events than state police briefly described in a news release the day after the shooting.

Several minutes after deputies began pursuing a man in a truck late at night June 23, state police said in the news release, the man stopped at the intersection of Siler Road and Rufina Court. “A male suspect got out of the vehicle, pointed a black handgun at the deputies,” the release said. “Deputies fired at the suspect, striking him.”

State police have not yet named Roybal as the man slain by deputies that night, but his name appears in a report released late last week by the sheriff’s office. While state police said Roybal was accused of driving a stolen truck, the sheriff’s office report makes no mention of the allegation. It says he was accused of aggravated assault and had evaded deputies pursuing him earlier the day he was killed.

Officer Dusty Francisco, a state police spokesman, did not respond to emails or calls Wednesday asking why the agency has not released the deputies’ names, why it believes Roybal had been driving a stolen truck and why its brief description of the shooting didn’t match the events that unfold on video.

Even after video of the shooting was released on various news sites Wednesday, showing deputies shooting Roybal as he is running away, officials from several agencies declined to comment.

The deadly encounter with Roybal — one of three fatalities by law enforcement in the Santa Fe area in a two-week period — started the morning of June 23, when a woman reported he had pointed a gun at her after she ordered him to leave her home on Lopez Lane. The woman said he had been stalking her for some time and often showed up at her home uninvited.

Deputies who responded to the call followed Roybal’s truck from the woman’s neighborhood, according to the sheriff’s office report, but they abandoned the chase when he began driving recklessly.

The office filed an affidavit seeking an arrest warrant for Roybal on charges of aggravated assault and resisting an officer, the report says.

Later that night, a deputy recognized the truck Roybal was driving and began following him, according to the series of newly released dashboard camera videos.

After realizing he is being followed by the deputy, who is flashing his lights, Roybal begins swerving from one lane to the next, a video shows. He then shifts the truck into reverse and moves backward toward the deputy’s vehicle.

“He’s reversing the vehicle on me,” the deputy says.

Video footage shows Roybal continuing to travel slowly in reverse around a traffic circle. He eventually shifts back into drive and turns onto Siler Road, and then he stops near Siler Road and Rufina Court.

The deputy following Roybal uses an expletive as he orders Roybal, by name, to get out of the truck.

Roybal doesn’t comply. Instead, he waves his arm outside the truck. He then appears to fire at least one shot from a handgun.

A few seconds later, deputies open fire, riddling the truck with bullet holes. Over 20 gunshots can be heard as the bullets tear into the vehicle.

When the gunshots stop, Roybal gets out of the truck, drops a gun, appears to drop another object and begins to run across Siler Road. Deputies fire multiple shots at him as he flees, and he falls to the ground.

One deputy can be heard ordering Roybal to drop his gun even after he had tossed the weapon onto the street.

“One male down, one male down,” a deputy says.

Three deputies, guns drawn, slowly approach Roybal’s body, some shouting at him to show his hands.

“Get him cuffed, get him cuffed,” a deputy says.

“He’s down, he’s down,” another replies.

The video footage ends as more law enforcement vehicles approach the area and officers begin blocking the street.

No deputies were harmed in the incident.

Two weeks after Roybal was killed, Santa Fe County deputies shot and killed Edward Daniel Santana at a home in Tesuque, where he was accused of fatally stabbing his mother. Family members said Santana had slit his own throat and likely was posing no danger when a deputy fired on him. State police have not responded to questions about the family’s comments and have not named deputies involved in that case.

The agency has named Santa Fe police Sgt. Bradley Lopez as the officer who fatally shot Francisco Javier Lino-Gutierrez, 29, of Lamy early June 23 on Old Santa Fe Trail.

Lino-Gutierrez was a suspect in a shooting that morning at nearby De Vargas Park. He led officers on a foot chase through the downtown area and then pointed a gun at them before Lopez shot him, state police said.

After the video showing Roybal’s shooting Wednesday was released, Juan Ríos, a spokesman for the Santa Fe County Sheriff’s Office, declined to speak about it. He wrote in an email, “As this remains an ongoing investigation by New Mexico State Police we will not have any comment at this particular time.”

Ríos referred questions to state police about whether Roybal was driving a stolen truck the night of June 23. State police first reported that information, Ríos said. He noted the sheriff’s office report on Roybal earlier in the day didn’t cite a stolen truck.

Francisco did not respond to the question.

Carmelina Hart, a spokeswoman for Santa Fe County, said county officials, including those in the County Attorney’s Office, would not comment on an active investigation.

District Attorney Mary Carmack-

Altwies also declined to comment on the shooting or the content of the video footage. She wrote in an email, “Our office pledges full transparency in any officer involved shootings. At this time, we do not have enough information to make a statement on the facts of the case.”

Gov. Michelle Lujan Grisham has remained silent on the series of law enforcement shootings in the area and the state police agency’s slow pace in releasing information to the public.

Her spokeswoman, Nora Meyers Sackett, wrote in a email Wednesday that if state police released inaccurate information about Roybal’s death, “it would be problematic.”

She added the Governor’s Office does not “have first-hand knowledge of ongoing police investigations.”

The content of the video above shows a graphic, violent incident. Viewer discretion advised. Video by KRQE-TV.

General Assignment Reporter

Robert Nott has covered education and youth issues for the Santa Fe New Mexican. He is assigned to The New Mexican's city desk where he covers a general assignment beat.

(20) comments

Ed Campbell

From the description in the article, I would have shot Roybal if I was a copper. That last being the most unlikely thing on Earth. Still, Roybal fired at the cops. He dropped "a gun" on the ground after exiting the truck. Who knows if he has another? He's already fired at them previously …he's ready and willing. Case closed.

Khal Spencer

Hi Ed. Long time no see. I agree with your conclusion. It can't be the cops taking all the risk when they constantly run into disturbed or drug-addled people shooting at them.

If there is a way to reach out to these people before the SHTF and disarm and treat them, that is a good thing. But at the point of a shootout, its too late.

David Brown

Such a loss?

Victoria Mejillas

Bout time the law do their job, 1 less drug addict on our streets. F***** gastos

Mangas Coloradas

The guy fired at least one shot at the cops ... he jumps out of the truck (how could the cops during all that identify that he dropped a gun?) and refused to stop. He was no surrendering. Do people seriously advocate that the police just let him go at that point?

This is a completely justified shooting. The cops should get a commendation. Thank you for making Santa Fe safer.

Khal Spencer

The video is here. Question is, did the police realize he dropped the gun?

Mark Ortiz

That was my first question. Not to get in these cops heads but a follow up question would be, & maybe in poor taste, but if they did know, did they care? The only reason I say that is, watching some of these kinds of videos, obviously cops experience a stress unlike anything I would know. The State officer who unloaded his clip into Jeanette Anya's car, after slow speed chasing her for miles, and then said she was using her car as a weapon, though she was driving away, looks like his temper got the best of him. Speculation? Sure. I don't know what that kind of adrenaline does. I'll just say I noticed three things; Roybal did pop out of the window with a gun, he dropped it when he got out to run, they lit him up in the vehicle and when he ran. sad

Khal Spencer

All good issues to address, Mark.

Khal Spencer

Looked to me like Roybal might have fired two shots, but at least one.

Chris Mechels

Khal, they knew this guy, and new he was mental case, since 2007. Look him up on Caselookup. They called him by name. He had a history of mishandling guns, but have never shot anyone. He was executed, because he annoyed him with his antics. Then, or course, they lied, and so did the NMSP who "investigated". Nothing new there, they typically lie. The cameras showed the truth. Murder.

Chris Mechels

The Anaya case was homicide, involving violation of both Pursuit and Use of Force policy. Then a cover up by the State Police, involving perjury before the Grand Jury, suborned by DA Spence Pacheco. The DA and AG refused to prosecute the case, in spite of all the evidence. The killer, Officer Oliver Wilson, now is assigned to Las Cruces. He should have been put on trial.

The current shooting is simply murder. They knew the guy, and knew he had mental issues, since 2008. They also knew he would point the gun at folks, but had never shot anyone. They simply decided to execute him; and should be charged with murder. But of course they won't be.... our DA and AG are afraid to charge cops.

Chris Mechels

Another video on the Anaya shooting;

Nancy Lockland

He actually shot first. Definitely not murder.

Lupe Molina

Good points, gentlemen. Even if they did see him drop something, no way to know its the gun, also no way to know he doesn't have a second gun. I still think this shooting appears justified. But I am really bothered by the fact that the police initially described something else. Its not of much consequence here, but the lack of attention to detail generally is disturbing.

Khal Spencer

I'd suggest a little bit of benefit of the doubt on the Fog of War basis but not being there or being part of the investigation, I consider myself part of the peanut gallery.

Khal Spencer

What I meant by benefit of the doubt regards the fact that the initial report didn't match the video. My hunch is that when someone is involved in a shootout, one is not carefully memorializing the minute by minute events. Hence the need for video.

But never having been in a shootout, I'm not an expert on these things.

Lee Vigil

He had the gun in his hands when he got out of the car and dropped it when he was shot. The perspective from the second camera - to the left of the truck - shows that this officer was in the line of fire. Tough video for his family to have to see. Also pretty sad that his body was left out on the pavement for so long.

Michael Grimler

Khal, he dropped "a" gun.

Is it possible he had another one and wanted officers to stop shooting so he could get away?

Yes...that has happened many, many times across the country. It was a good shooting based on circumstances and reasonable belief.

Khal Spencer

I've said before, if you open fire on the cops, you just raised your own risk meter to 11 on a scale of 1 -10.

Mary Ellen Gallegos

Agree, but, weather the guy had a gun or a fence post he would have been killed.

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