(CNN) Charges against a former Las Cruces, New Mexico, police officer accused of killing a man in custody have been increased to second-degree murder from involuntary manslaughter, according to a news release from New Mexico Attorney General Hector Balderas. Balderas also announced the attorney general's office has taken over the prosecution of the former officer, Christopher Smelser, at the request of the Third Judicial District Attorney's Office, the release stated. CNN attempts to contact Smelser's lawyer have gone unanswered. Last month, when Smelser was first charged with involuntary manslaughter, his attorney, Amy Orlando, told CNN that Smelser "used a maneuver that was sanctioned by the Las Cruces Police Department during a violent struggle while attempting to take Mr. Valenzuela into custody." "Office Smelser regrets the outcome of the incident, however, Mr. Valenzuela had a felony warrant, ran from the police, was under the influence of drugs, had drugs on his person, had a weapon, actively resisted, and violently fought the officers," Orlando said.

Source: CNN July 18, 2020 02:59 UTC