Patrolman Darian Jarrott

Officer: New Mexico State Police, Patrolman Darian Jarrott

Date: 2/4/2021            Location: Luna County, NM              FACTORS (1,2,3,8,13,15,21)

Perpetrator(s) Involved: Omar Felix Cueva

Criminal Activity History/Involved: Yes, Cueva was a known drug dealer with previous arrests for possession of a controlled substance, importing a controlled substance, burglary, and  weapons possession. “In August 2011, he was sentenced to 10 years in prison.” During an undercover operation on January 28, 2021, Cueva bought 4,000 fentanyl pills and possessed a “fully loaded Ak-47 rifle.” /Yes, along with illegally possessing a weapon, Cueva was on his way to sell five pounds of methamphetamine as part of a Homeland Security Investigations (HSI) undercover drug operation.

Mental Illness: Unknown./None stated.

Substance Abuse History/Involved: Yes, Cuevas was a known drug dealer./Yes, Cuevas was enroute to a drug deal when stopped by Patrolman Jarrott.

Race/Sex/Age: Latino/Male/39

What prompted the initial contact with the killer? At approximately  on February 4, Patrolman Jarrott spotted a vehicle driven by Omar Cueva matching the description of a vehicle there was a “Be on the Lookout” (BOLO) for and pulled it over. As seen in his bodycam video, speaking to Cueva through the passenger side window, Patrolman Jarrott noticed the AR-15 rifle in his possession and asked him to hand it over.

Actions taken by subject toward police: Cueva calmly exited his vehicle with the rifle in hand and then quickly brought the barrel up, pointed it at Patrolman Jarrott over the top of the pickup bed and fatally shot him several times before getting back into his vehicle and driving off.

Reactions by the police: HSI agents nearby conducting the sting on Cueva pursued his vehicle for nearly a half hour before crashing into it and then getting into a shootout with him.

How murdered? Patrolman Jarrott was ambushed and shot dead during a traffic stop.

What could have been done differently for the officer to still be alive? Given that the BOLO for Cueva said he was “a criminal” and “known to carry a gun,” Patrolman Jarrett could have requested backup for a high-risk traffic stop. Upon seeing a weapon, the officer should have immediately drawn his weapon and pointed it at Cueva.

Would the officer had been justified to use deadly force before being murdered? Absolutely! Cueva was a known criminal with an illegally possessed AR-15 and was not an ordinary law-abiding citizen carrying a legal firearm. Immediately upon seeing Cueva possessed an AR-15 in his vehicle, Patrolman Jarrott should have pointed his duty weapon at Cueva and ordered him to drop the rifle and exit the vehicle. Failure to do either would have justified the patrolman to use deadly force.

Outcome for the cop-killer: Cueva was justifiably killed in a shootout with responding officers.

Miscellaneous: Given his criminal record, Cueva could have easily been arrested during the January 28, 2021, drug buy he did off an undercover HSI agent and had still been in jail.