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LAS CRUCES, N.M. – Charges against a Las Cruces police officer who is accused of killing a man during a traffic stop in February were increased from involuntary manslaughter to second-degree murder Thursday when New Mexico Attorney General Hector Balderas announced his office would be taking over the case.
The maximum possible sentence for involuntary manslaughter is 18 months; second-degree murder carries a maximum prison sentence of 15 years.
Christopher Smelser stands accused of killing Antonio Valenzuela, 40, on February 29 after placing him in a vascular neck restraint. Police video from the incident shows Smelser cursing at Valenzuela and telling him he was going to, "choke you out bro."
“We are taking over prosecution and focusing on appropriate charges for violent and dangerous chokeholds,” Balderas said.