Family of man shot by Santa Fe County deputy files wrongful death lawsuit

Phaedra Haywood, The Santa Fe New Mexican
·2 min read

Aug. 17—The family of a man fatally shot by a Santa Fe County sheriff's deputy has filed a wrongful death lawsuit against the deputy, the county and the sheriff's office.

Deputy Patrick Ficke shot Edward Daniel Santana the morning of July 7, 2021, at his mother's home in Tesuque shortly after Santana fatally stabbed his mother in the chest.

Santana, 45, was wielding a fence post and refused to obey officers' orders, according to law enforcement reports. Video of the incident showed Santana lunging toward deputies and a New Mexico State Police officer just before he was struck with an electronic stun gun and shot by Ficke.

The District Attorney's Office has deemed Ficke's shooting of Santana justified, Sheriff Adan Mendoza said Tuesday.

But family members argue in their complaint filed Friday in state District Court that Ficke — who has shot at two other suspects in the line of duty since he was hired by the sheriff's office in 2020, including one who died — "acted as judge, jury, and executioner ... when he used excessive and unnecessary deadly force on [Santana]."

Santana was already bleeding profusely from self-inflicted wounds to his neck and wrists when another officer attempted to subdue him with a stun gun , the complaint says.

But Ficke didn't wait to see if the less-lethal weapon would have the desired effect before firing upon Santana, it adds.

"Simultaneously, without attempting to determine whether the taser had any effect," the complaint says, [Ficke] fired two bullets at Mr. Santana," both of which struck him in the chest.

After the shooting, the lawsuit alleges, Ficke "showed no regret or remorse for his actions" and was "calm and at times even happy high fiving other officers."

The complaint accuses Ficke of using excessive force "not rationally related to any government objective" and seeks an unspecified amount in damages.

Santa Fe County Sheriff's Office spokesman Juan Ríos declined to comment on the pending litigation Tuesday.