The suspect who was shot by a Torrance County Sheriff’s deputy on Jan. 31 on Lexco Road, near Moriarty has a lengthy criminal history. According to a criminal complaint, Joseph M. Padilla, 29, was shot by deputies who were investigating an unrelated incident. charged with three counts of resisting an officer and has a criminal past of armed robbery, aggravated assault and child abuse.
According to the complaint, TCSO Sgt. Jordan Duran and Sgt. Reese Swatsworth arrived at Lexco Road for an investigation that was unrelated to the incident. They were speaking to a resident for information about an absconder when they came in contact with Padilla.
During the encounter, Sgt. Duran observed a handgun in Padilla’s back pocket and asked him if he was armed and Padilla denied the possession of the firearm and began to turn away. Once Sgt. Duran identified it was a firearm he commanded Padilla to keep his arms up.
Deputies say they observed Padilla move behind a vehicle and reach for the handgun, causing them to draw their firearms and continue to tell Padilla to raise his arms. When Padilla still reached for the gun, Swatsworth fired at Padilla, and hit him.
The sergeants then called for assistance and TCSO Deputy Cesar Quintana arrived on scene. They told Padilla to get on his knees and Sgt. Duran approached him to put him in handcuffs, but deputies say he resisted. Quintana then tased Padilla and he was put into custody.
Padilla with one count of receiving, transporting or possessing a firearm or destructive device after being convicted of a felony in the preceding ten years, and three counts of resisting, evading or obstructing an officer.
According to TCSO, Padilla sustained non-life-threatening injuries and no deputies were hurt. New Mexico State Police has taken over the investigation of the incident.