A hearing for former Las Cruces Police Officer Christopher Smelser is set for Wednesday.
The hearing will take place at the Las Cruces District court at 1:30 p.m.
(WARNING: The following video contains graphic language and images some viewers may find disturbing. Viewer discretion is advised.)
Smelser had his trial pushed back over a year ago due to the COVID-19 pandemic.
Smelser is accused of the February 2020 death of Antonio Valenzuela.
Body camera footage shows Smelser chasing Valenzuela and taking him down after he ran during a traffic stop.
In the video, you can hear Smelser saying he was going to choke him out.
The medical examiner said asphyxial injuries and meth in his system led to Valenzuela's death.
The City of Las Cruces paid Valenzuela's family $6.5 million dollars to settle a wrongful death lawsuit.
The hold Smelser used is known as the vascular neck restraint, it has since been banned by the Las Cruces Police Department.
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