State v. Mantelli

Las Vegas, New Mexico police officer Joseph Mantelli (defendant) and his partner pursued a truck driven by 18-year-old Abelino Montoya, with passenger Gabriel Rubio; the patrol car and truck collided at an intersection, and Mantelli ran to the driver's window and broke it with his handgun. As Montoya turned and drove away, Mantelli fired several shots, two of which struck and killed him. Mantelli was charged with voluntary manslaughter, aggravated assault, and shooting a vehicle resulting in injury. At trial, Mantelli claimed he feared the truck was being used as a deadly weapon against him and his partner, while the prosecution argued he actually fired to stop Montoya from escaping; a fellow officer testified Mantelli told him he shot because the truck was about to get away, and Mantelli admitted he'd tried to "block in" the truck despite knowing department policy required ensuring a blocked vehicle had an escape route. Convicted on all counts, Mantelli appealed the trial court's refusal to instruct the jury on justifiable homicide.