Justice for Xavier

Watch this bodycam video of a police officer in El Paso responding to a 30-year-old with a mental-health crisis on a bridge above a highway in an apparent suicide attempt on July 13, 2025 :

This resulted in the death of Xavier G Hernandez.  We should be asking why.

The autopsy identified compression of his chest during the restraint as the cause of death.  There are obvious parallels to George Floyd; how officers recognize the risks of positional restraint, when force must be reduced, and how quickly medical assistance is provided.  The case will be presented to an El Paso County grand jury to consider potential criminal liability, while Xavier’s family announced a lawsuit against the El Paso Police Department and several officers.

I met Xavier’s mother Angelica Lujan and watched the video.  My first impression was to wonder why the officer thought Xavier was a threat when he was on his knees with hands behind his head asking for a badge number.  I did not understand why a taser was needed, why he was yelling at someone who appeared confused and disturbed, why they had to keep him compressed on the ground, why a bystander intervened, and why 6 officers were present while Xavier was unable to breathe.

I then talked to some retired police officers I know and respect.  They explained that you can never assume the subject is harmless.  A knife or gun can suddenly appear when it is not expected.  The saying is you would rather be convicted by 12 than carried by 6 (you would rather defend yourself and go home alive to your family at the risk of a jury convicting you, than to have people carry your casket because you assumed safety).  People on drugs or mentally ill can be unpredictable.  Police believe showing weakness can be an invitation for the subject to take advantage and attack.  Subduing the subject when he and the people in cars on the bridge and below are at risk is the first priority.  Tasers are a less-lethal means of subduing a subject when they are not complying.

I do not have expertise in police policy or law enforcement.  As Governor I would rely on experienced advisors and legislators to set state policy.  Some principles I do support are:

• I would not intervene in the legal process. 
• I would not reflexively attack police.
• We cannot ask police officers to be psychologists, but I do expect them to recognize situations and be trained for them to obtain their peace officer license and use their training in practice to retain their license.  Officers must assess actual behavior and specific safety risks, while recognizing that confusion, distress, or noncompliance may reflect a mental-health crisis rather than an intention to harm anyone.
• Police cannot do their job if they face a lawsuit every time they respond, but I question qualified immunity (a creation of the court, not the legislature).  I suggest it is better to hold a city accountable than the officer.  Perhaps it should be the city suing or punishing the officer and the people suing the city?
• There are bad police officers.  I have no evidence that these officers were bad.  I don’t think they intended to kill Xavier and did try to revive him.  Most police want to do this job properly, and bad officers make their job harder.  The power of police unions can make it impossible to fire bad cops, and there are gypsy cops that bounce from one department to another despite their bad reputation. When I was on city council I working to increase pay to retain good officers.  Cities need to provide attractive compensation and policies to make policing a profession that good people want to pursue.

I admit that to me the behavior of the officer seems unreasonably aggressive and he seems to assume Xavier is a threat when he obviously isn’t.  I don’t understand why after George Floyd there are police compressing the subject and impairing breath.  Watching the video, I struggled to understand why the level of force used was necessary under the circumstances. I want an independent, evidence-based assessment of the perceived threat, the decisions made, and the alternatives available to the officers.

This case should be known to prevent tragic deaths.  The website https://justice4xavier.com/ explains the position of Xavier’s family.  They will have a rally at the state capitol in Austin this Sunday.

Sunday, October 18, 2026
Texas State Capitol — South Steps, Austin, Texas
Pre-Rally: 11:00 AM–12:00 PM
Rally: 12:00 PM–1:30 PM
Join Texas LULAC, Justice4Xavier, Justice for Maddii, families, community leaders, and advocates from across Texas as we stand together for justice, accountability, transparency, and meaningful action.

I hope that among the other issues I have raised in this campaign, Xavier’s case can lead to better policing and safety for all Texans.