City and state police are facing possible lawsuits over the fatal shooting in March

Aug. 13 — The Santa Fe Police Department and New Mexico State Police could face lawsuits over a March operation in which three men were shot, one fatally.

One of the injured men was a city policeman who was bitten by a police dog after being hit by gunfire during the chaotic incident.

The two law enforcement agencies, the city of Santa Fe and the state Division of Risk Management have received tort claim notices in recent weeks warning of potential lawsuits over the police shooting — one from George Theragood and another from the estate of Rick Chavez , who died from his injuries in the days after the incident.

Santa Fe Deputy Police Chief Ben Valdez declined to comment on notices of the tort complaint, citing the agency’s policy against commenting on threatened or ongoing litigation.

State police spokesmen did not respond to a request for comment Tuesday.

Some details of the March 10 incident remain unclear, as neither agency has provided body camera video from several officers who were on the scene at the time of the shooting or recorded interviews with those officers.

Neither agency has publicly confirmed whether Santa Fe Officer Charles Ovalle was hit by another officer’s gunfire, despite statements in reports suggesting the possibility of crossfire between the officers and a lack of evidence that either of the two wounded suspects fired shots with a gun.

Police reports and other videos from the scene indicate Chavez led several officers from both agencies on a chase from a street just south of Rodeo Road to a neighborhood in Vereda de Encanto, where Theragood was staying in a car in front of his house. As Chavez exited his vehicle and began to enter Theragood’s, three city police officers fired, striking Chavez six times and Theragood once in the arm.

Police said Chavez was holding a gun during the incident, but there was no mention of him pointing or firing it. Officers did not say Theragood was armed at the time.

A request to the city of Santa Fe for police reports and body camera video, filed the day after the shooting, remained incomplete as of Tuesday after the latest extension to fulfill the request under the state’s public records law expired.

A June 13 notice of tort claim by George Theragood and several members of his family warns they may file a civil complaint “arising out of a March 10 use of force incident” by Santa Fe police .

A notice sent to each government entity on July 8 from Chavez’s estate warns of a civil complaint alleging negligence — including negligent hiring, training and supervision — as well as wrongful death.

The ads ask agencies to preserve evidence in the case, including internal videos, recordings and communications.

Attorney Ben Davis, who represents Chavez’s estate, wrote in an email that he is still investigating and waiting for more information to be released.

Neither Theragood nor an attorney representing him responded to requests for comment Tuesday.

Theragood faces criminal charges in the incident. Police accuse him of conspiring with Chavez to help his friend escape. However, Theragood denied any involvement in Chavez’s escape attempt; he said he was in his car at the time because he was leaving the house to get food for his family.

After being shot by officers, Theragood yanked one officer’s beanbag launcher while others tried to subdue him, police allege.

Theragood has pleaded not guilty to charges of disarming a police officer; harboring or assisting a criminal; and resisting, evading, or obstructing an officer. A hearing in his case is scheduled for September.