on Tuesday June 6 2023 at around 7:45 p.m. Las cruus police received a 911 call in reference to an assault in progress the caller stated the suspect had battered him and that he believed he was under the influence of alcohol as an officer was responding the caller informed dispatch that the suspect was getting in an older silver Chevy Cavalier and was leaving the scene an officer located the vehicle a short time later and conducted a traffic stop hello sir I S guas I pulled you over because we got an assault call over at the West Picacho you have are you injured no you have your license on you as the officer began talking to the driver he immediately noticed a strong odor of alcohol coming from within the vehicle you have a license on you huh I you don't have it okay uh do you have your information is it okay if I open the door no no okay hold on time for me what's your name what what's your name your name how do you spell it and what's your first name Raymond Raymond the driver was identified as 34-year-old Raymond Hernandez Hernandez what's your date of birth on4 what's your date of birth you have a place of address uh what's the street name but what's the street name mexo okay your street name not where you not the not the state for the city street okay all right do me a favor turn off the vehicle for me and you step out of the vehicle [Applause] do you have anything to drink today no no you smell like alcohol what's up brother just going to wait for the officer over there to tell me what's going on so we can figure out whether or not you're involved over there where you just left from where are Le I don't know you tell me you just ped you tell me officer okay stupid I wouldn't suggest that my man I don't care what the [ __ ] why you just turn around no no hold on on you want to play stupid games we'll play stupid games you want to start threatening officers who officer huh you're asking me for no reason you're being detained right now for what reason for what reason to prevent us from having to send you to the hospital my friend do you yeah I well if you end up going to County they have watch over there okay do me a favor take a seat right here I have nothing to do with no murder nothing talk about murder take a seat what's wrong with you man all nothing wrong with me you going to have a seat here in the back of the car um okay let's go to the car then you really hey hold there there really nothing wrong with me way why you going to take me back let's go why why hey hold on why hey why you just being detained right now no but why though you want to square up to us like that why though why why why why and you just take a seat dude why for now for why though just take a seat take a seat why though why we'll explain it to you why though why why officer the more you make it difficult it's going to be worse for you I just need you to sit in the vehicle for now sit down please why though but why that's why we're investigating an assault okay what assault I didn't do [ __ ] okay how we're going to figure that out I need you take I don't do nothing though why you on the ground sit on the ground then it's your choice you sit on the ground or you sit in the car can sit right here you can sit on the ground sit right here you're not going to lean against car sit down come on sit down dude being difficult either you sit down on the ground or you sit in the car we were being cool with you I am too come on and then you wanted to square up no I ain't squaring up but come on come on I ain't even see it I'm just sitting right here all right hey well we need you to off take a seat I ain't doing nothing you know I ain't doing [ __ ] stop okay well you know you're intoxicated right now I know but hey but come on you intoxicated right now who says who huh I can you can smell it you can smell it but I ain't doing nothing though you can barely even stand up on your own I'm right have a seat please I am right then you going to sit on the ground no long you guys do sit to me on my right well you want to go sit back there on the curb we're going to go sit on the curb right here yeah I'll give you a smoke wa me need you to take a seat over here go all right don't pull Me Gently all right walk walk there there's a curb right here for you where's your cigarette uh right behind the hand have a seat take a seat give officer your cigarette officer where's your lighter where's your lighter bro I don't have your lighter hey hey officer orange can I have a light huh light yeah hey I respectful you respectful to me you're in hand C no you can't do we're talking to you listen to me listen no you can't do this [ __ ] to me right what's your name Raymond Raymond listen to me I'm officer dollar okay can't do yeah you can't do this to me can I talk and you stop talking right okay the moment you take that cigarette out your mouth and you ball those you clench those fists like that and you start running your mouth open last name Hernandez first name Raymond o nor David hey it's okay I hey look at me come here n better on to you guys come on police are not you guys are can you get that for me recently moved in he's aant there past two weeks U he wanted a ride cuz supposed he's 47 so over there telling him no no no so he's they're near their apartment he's walking came around and then for no reason he just punches in the face I don't have any redness right now so for the battery right now another officer made contact with the caller and it was ultimately determined there was not enough probable cause for an assault or battery charge so what are you say what you say saying why I told you you're stopped because something that happened over there that's the reason why you're sto I hav nothing do okay I'm ask I'm not asking you a question I'm just letting you know that's the reason why we stopped you okay all right that's the reason why you let me gocker so and the reason why you're in cuss right now is you started getting pretty I got pretty nothing F but you know you're going to have to let me go right now right I'm right now yeah you are [ __ ] you look [ __ ] you up [ __ ] assuck sit down hey we're not playing games my guy hey hey no Han now [ __ ] what's up I'm not [ __ ] funny games with you dude I'm telling you sit down today's not the day sit down come on man that's on you get your feet in there or I'm going to put you in a system where you can't move put your feet in there now you're a grown ass man quit acting this way not going to wait for you to fight one of us or spit on one of us acting stupid you have a OT doing all right hey Raymond you doing all right lean back for me okay just can you lean back you probably breathe better instead of leaning over like that hunched over you put your foot in okay nice it's crazy how bad is eyes hey keep your feet in there keep keep your feet in there I'm keeping the door open so I can keep an eye on you Jes that's enough hey that's enough he's not going to be able to R any fire department here just going to check you out real quick okay that's that's fine I'm just they're going to check your the [ __ ] away he sit down you can sit down sit down we can do everything as you're sitting down you're fine hey I ainr right right no you're not under arrest okay well get the [ __ ] away from me f don't [ __ ] touch me [ __ ] can we don't touch me sit down dude I I I under rest I they're going to check your blood pressure dude you need to chill put your feet in I'll put my feet in okay and stay in there they're they're I'll put the cuff right here you stay right here this just the fire department okay this the fire department it's not the police over there they're going to check you out let's thr us let's it okay we good don't do anything stupid to pick up charges okay get the [ __ ] out here Raymond was checked out by paramedics before being transported to the hospital to be medically cleared you're not going to talk to anybody that way all right see off come on have a seat this wheelchair you feel like you going fall you let us know but we got you right here turn around and sit down for me okay turn around see bud you can't even stand up lean forward for me okay put your feet on those things down there Lean Forward Lean Forward all right Bud lean back there we go what was it you got to stay in the seat just put your feet right here man on the things you should be good hey you don't have a choice at this point okay you're under arrest and we have to get you cleared take you to jail you don't have a choice hey you can either sit here or we have this beautiful device that's going to wrap you up and you won't be able to move what [ __ ] to stay what what [ __ ] under what under [ __ ] hey you're already under ARR just making it worse for you under what the [ __ ] relax hey you're not going to win this game my guy this let go let me go that's enough I ain't do [ __ ] let me go off hey the nurse is going to come talk to you right now okay well let me go no you're not free to leave dude under what circumstances officer listen me this is look at me [ __ ] under what under what I nothing I When You're Sober you can reflect on this off pleas give me off want to go home stop acting like you're going to stand up okay I want to get home I want you're not going home so sit back in the chair [ __ ] off stop while at the hospital Raymond continued to be resistive before ultimately kicking the K9 Officer and attempting to headbutt him can I go home now you just picked up a fellon you charge my guy okay stop you to the going to end up on the ground they're bringing a wrap right you're not going to win stop fighting where you won't let me [ __ ] go dude you're under arrest you're not going nowhere you [ __ ] put it up you can just sit there okay I got it you're embarrassing yourself okay it's enough lay on your side and stop no no no it's not all right keep breathing a please officer [Music] please oh oh all oh oh all right please go go please all right go leg hurts leg hurts there let go stop scre ready you just check your bottles yeah I got a little bit don't move right actually kick yeah didn't need me tried to head above me all right so he's got two batteries one assault a can you these in 96% you no we're going to use the just use this chair I got get on Just Outsider here we're good we're out of here yeah they've already they're getting your discharge paperwork okay cool the vehicle pull them in he a big boy is so are you got to get out of there I got ready one 2 3 go dude Raymond was ultimately booked into the Dona Ana County Detention Center on charges of aggravated DWI two counts of battery on an officer an assault on an officer attempted battery court records indicate Raymond did not enter a plea and the case was dismissed 3 Weeks Later by the prosecutor court records also don't indicate what the reason for the dismissal was see down DC oh yeah yeah yeah my