Gallup DA clears city police in fatal shooting

WINDOW ROCK

Although there had been no outcry after Gallup police killed Alvin Sylversmythe last July, the District Attorney’s office has closed the books on the case by clearing the four officers involved of any criminal action.

In a letter released late Friday, the chief deputy district attorney, Earl Rhoads, said after an eight-month investigation, the DA’s office does not plan to file any criminal charges in the case.

The incident took place on July 24 in an area of low-rent housing on Arnold Street.

According to residents in the housing complex, Sylversmythe had come over to visit one of the families that afternoon. He complained that his girlfriend, who lived in the complex, had thrown him out. Witnesses said he appeared to be highly intoxicated.

After talking to the family in their living room, he reportedly got up, walked into the kitchen and picked up two knives. He then threatened the family and walked out of the building and started walking around, threatening others. Several Gallup police units arrived on the scene a few minutes later.

As many as six or seven officers surrounded him in the back portion of the complex and for several minutes tried to get him to lay down his knives while witnesses said he shouted at the officers to shoot him.

“Given the undisputed facts in this case that Mr. Sylversmythe, an angry, suicidal and intoxicated man who weighed more than 300 pounds, was quickly moving toward the officers whilst armed with two knives and while repeatedly ignoring commands to drop those knives and after being hit by multiple 12-gauge bean bag rounds, the actions of the officers were clearly in defense of themselves and anyone else who might be in his path,” Rhoads said.

State police later identified the four Gallup police officers that were involved in the shooting:

• Justin Benally, a three-year veteran of the department.
• Clarissa Morgan, a five-year veteran.
• Dominic Molina, a two-year veteran.
• Steven Peshlakai, a six-year veteran.

“The actions of Officer Peshlakai are particularly noteworthy as he, at great risk to his own personal safety, continued to deploy his bean bag rounds, even though they had no visible effect on Mr. Sylversmythe,” Rhoads added. “This was a justifiable homicide.”

He said no rational person with an understanding of New Mexico law could conclude otherwise.

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