What Does the Body Camera Reveal About Elijah Hadley's Case? | Forensic Files

The story I'm about to tell you and show you is disturbing to say the least, but
it's a story you need to know about. With a big, controversial murder trial coming up in June of 2024, a native New
Mexico teenager was shot and killed during what was just supposed to be a welfare check. What unfolded was
anything [music] but that, and it is all caught on video. I want to warn you, it's upsetting and [music] very hard to
watch. Crime junkies, I'm Brianna Whitney, and I'm going to take you through it because this is where the
nightmare began for 17-year-old Elijah Hadley's family and friends. Just after 11 p.m. on June 25th, 2024,
Otto County Sheriff's Office in New Mexico gets dispatched to do a welfare check on Highway 70. Apparently, a woman
was driving by. She'd seen someone walking alone on the side of the road, and it's pitch black out there at this
time of night, so no one else is around, and she's suspicious of why someone is walking alone out there. So, a deputy
heads to the scene with his dash cam rolling. This isn't an emergency, so the deputy
is driving pretty casually. So much so he even turns on the club song Indigetto by Jay Balvin and Skrillex at full
volume while cruising at 55 mph. Around mile marker 241, the deputy spots this person on the side of the road. So he
slows his cruiser as he pulls up alongside this person. It's [music] a young guy. He looks like a teenager.
Appears to just kind of be walking, not running and not acting irrationally. And
he doesn't seem to be in distress. What you expect to happen next on the video footage we obtained is for the deputy to
maybe turn down the music and holler out to him something like, "Hey, you good?"
or "Where you going? Do you need any help?" It starts that way, but that's not how it ended. What you're about to
see and hear next will be shocking and disturbing. And to our knowledge, it's never been published in its entirety
before. But the family of the young man who was walking on the side of that highway [music] asked us to share it in
full with you. They want the world to understand what exactly happened that night and why they're fighting so hard
for justice. It all unfolds in just a couple of seconds. So, pay attention. Stop right there, bro. Stop. Stop.
Stop right there. You all right? What are you doing? Let me see your other hand, bro.
Let me see your other hand, dog. When the deputy asked the kid to show his hand, he was carrying a shirt that
was draped over his arm. [music] So, as he pulled out his hand, it revealed what
looked like a gun and he appeared to immediately throw it into the grassy side median. But it's as he's
immediately getting it out of his possession that the deputy fires four shots. Now, the kid is on the ground
clearly in pain as he cries out, Let me see your hand. >> He holds up a bloody hand, the one that
he could still move after being shot. So, at this point, it does appear he's following deputy's commands. Now, the
deputy doesn't know whether or not it really is a BB gun. [music] But either way, the guy is on the ground hurt, and
whatever gun it is has been thrown away from his body into the grass. So, at least from the dash cam video, it looks
like any threat is under control. For several minutes, the deputy calls him back up. He goes to the other side of
his car and gets out like a first aid kit and then posts up behind his open car door as he waits for other units to
arrive. And he radios out that he needs to render aid, but says he doesn't even know where the gun is or if the person
could still pick it up. What happens next as the teen is still rolling on the ground shapes the entire crux of this
case. >> DON'T GO TO THAT GUN. 32 BASED GUN. [snorts] Subject down. Subject down.
That second round of shots fired at the boy killed him before help or backup ever even arrived. The video shows them
confirming he's dead at the scene. Within two days, New Mexico State Police confirmed two things. One, the person
killed was 17-year-old Elijah Hadley, and two, it was just a BB gun he had. In Elijah's final moments, he was telling
the truth. But there's a lot that officials don't answer in their initial press release, like, who is the deputy?
And does he still have a job after this? People don't necessarily question that right away, though, because the press
release, in my opinion, glosses over one of the most critical facts of this case.
How many shots were fired? In fact, all it says is that when Elijah presented what appeared to be a gun, quote, "The
deputy fired at least one round from his duty weapon, striking Hadley." At least
one round. Sure, adding at least made that technically true, but at least one round did not tell the whole story at
all. And we know that because we can see it and we can hear it. The number of shots actually fired at Elijah that
night varies in case of media reports, but at a minimum, officials found he was physically struck by at least 15
bullets. So 2 weeks later in July, when portions of the dash cam and the body cam were released to the public through
local news stations, you can imagine the absolute uproar from people in the community. Because what Elijah's family
and many in the community felt they just watched with their own eyes was an unjustified killing by the deputy of a
teen that should not have died that [music] night. Elijah Hadley was a messcalero Apache
teen and lived on the reservation nearby. We learned he was one of five siblings, all of which were now young
adults, except for his little brother, whose birthday was actually the day after Elijah was killed. It was awful.
This was a super hardworking family. Elijah's siblings had a lot of responsibilities. Kids, military jobs,
financial constraints, etc. And while they wanted justice for their brother, they truly did not even know where to
start. My first question was, why would Elijah have been walking alone with a BB
gun on the side of the highway at night? I mean, that seemed kind of weird, but family advocates told me it actually
wasn't weird at all. You see, life on the reservation was far from perfect. The area is low income, so they said
pretty often you would see people walking along the roads, sometimes on and off the reservation. And police
records seem to corroborate that. I read that officers would get lots of calls of
people walking up and down the road, especially in the summertime, and sometimes officers would even offer to
give them rides back to the reservation line. But where was Elijah going? And actually, for that matter, where was he
even coming from? Elijah's family believes his friends dropped him off that night and thought it would be funny
to ditch him. Now, nobody knows this part for sure, but they think he was dropped off at the church down the
street, which was about 2 and 1/2 miles from his mom's house on the reservation.
So, the thought was he was just simply walking home. When the deputy caught up to him, Elijah was less than half a mile
from the reservation. So, had he made it over the res line, it is possible the Otto County deputy would not or could
not have responded to this call at all due to the jurisdiction. And that part haunts everyone. [music]
Then there's the question of why Elijah had a BB gun. You could chalk it up to a
teen being a teen wanting to look cool, but what if the reason was more legit? I
say that [music] because it was community members that discovered something really important and telling
that could actually explain why. According to the Bureau of Indian Affairs police in Mescalero, [music]
they actually had a call for service involving Elijah just one day before the shooting. They said Elijah Hadley was
the victim of battery and they actually had pictures of Elijah with his face cut
up that they took to put into the case file. So, anyone could reasonably believe Elijah at least wanted to look
like he was protected to not get beat up again, and that's why he had the BB gun.
But family advocates knew other rumors were going around town on the other side. People that thought Elijah was
asking for trouble, carrying around anything that resembled a real gun, even if it was just a baby gun. And Elijah
wasn't perfect. I spoke to one of his high school teachers, his teacher Kelly Smith, who told me she taught him twice.
And at one point in high school, he had to wear an ankle monitor after getting in trouble. But Kelly said Elijah really
just needed more support. That he was actually very obedient and respectful of her. He was extremely artistic, kind of
an old soul type. And he recently told her more or less that the past was in the past and he was going to seriously
focus on his art to get himself on a good path moving forward. And he really wasn't just talking the talk on that
either. He was taking action. He had just won a big art competition. The main thing that stuck with Kelly about Elijah
was that he never ever talked or fought back, not only with teachers, but [music] with anyone. So, when she
learned he may have disobeyed the deputy, and that's why he got shot, she thought, "No way. That's not Elijah."
For her, watching the video confirmed just as much and brought her to tears. Now, here's the thing. According to a
KOAT news investigation, the deputy was put on paid leave as the internal investigation was being done, which is
pretty standard. But then weeks go by and nothing seems to be changing or happening and the community is like,
"Okay, why is nothing happening?" Then something does happen that shocks everyone.
That KOAT investigation revealed the deputy was on paid leave until September 2024. But then the sheriff's office
themselves confirmed he was cleared to return to full duty. That's full pay, full duties, full police work. I mean,
it was completely backwards from what Elijah's loved ones were trying to do. They felt like their voices weren't
heard after desperately trying for months. And they had been doing a lot to try and move the needle. Protests and
walks were being held in honor of Elijah in hopes that power and numbers would sway actual action to be done with the
deputy. And remember I told you earlier Elijah's family needed help. They went to as many of these protests as they
could, but they just could not get to everything. And they ended up meeting two strangers at a protest who became
hugely important to this case. Kristen Bryce and Danielle Ta didn't actually know the Hadley's before this, but they
lived in Ela Magguardo, where the sheriff's office was, and felt so strongly about what happened to Elijah,
that his family ended up trusting them to help with the public advocacy side of things. And actually, because his family
is being extra careful with legal proceedings, Kristen and Danielle are the reason that we know so much about
Elijah's life and the case itself. For six weeks straight, the two of them sat outside the sheriff's office, sun up to
sun down, with signs calling for the deputy to be fired and charged. The deputy, by the way, that no one still
knew the name of. And while there were rumors circulating around town about who this deputy was, the Otto County
Sheriff's Office never identified him publicly. But in January 2025, breaking news came down in local news feeds that
Elijah's family and friends honestly thought they would never see. The Bruno County District Attorney's Office, who
had been reviewing the case, announced they had submitted charges against Deputy Jacob Diaz Austin for firstdegree
murder of Elijah Hadley. So, guess what? He was now back on paid admin leave because he was now a murder defendant.
Kristen told me they were shocked. I mean, things had been so quiet. They'd actually been trying to get the ACLU
involved. So, when I say this came out of nowhere, it really did. And there were tears, hugs, relief. Kristen said
they were experiencing it all at once. Elijah's family truly felt heard and seen for the first time since he died.
But the big question they all had, who was Jacob Diaz [music] Austin, and what was his reason or his explanation to
shoot as many times as he did? >> And did this subject appear to be familiar? Have you dealt with him
before? >> No, sir. >> That's Deputy Jacob Diaz Austin. That's 5 days after the shooting and he's
answering questions about what happened from his point of view. At that point, he was not charged in the case. Now that
charges were filed 6 months later, it was videos like this that were being released as part of media public records
requests. So, this was the first time anyone was getting to hear the deputy's side of the story. Jacob Diaz Austin
claimed he had never seen Elijah Hadley before, and Elijah's family and friends certainly had never heard his name
before either. So, it didn't seem like there was any prior connection there. The deputy said when he initiated shots,
Elijah grabbed across his waistband and had the gun. Here's the thing. Kristen and Danielle, even Elijah's teacher,
Kelly, all told me the same thing. In that exact moment, the deputy likely did fear it was a real gun, and they can
understand those first shots being fired. But no one could find any explanation for the barrage of shots
fired many minutes later while Elijah appeared to be clearly incapacitated on the ground. They were all very eager to
hear how Deputy Diaz Austin would explain that. And even after the deputy goes through the narrative from his POV,
the detective asked the deputy this question about the overall incident. >> Were verbal commands given to the
subject at any time? >> Yes, sir. >> Okay. I gave verbal commands to let me see his hands. Okay.
>> Did he comply? >> No, sir. >> Except that is not what the video shows on both the dash cam and the body cam.
We saw Elijah reach up his bloody hand, remember? But Deputy Diaz Austin continues explaining himself to the
detective. >> And for him to reach over um would have taken about one roll or so to to get a
hold of that firearm. Um, when he reached over, I shot again and I retreated to the rear of my unit on
driver's side where I had reloaded my firearm and with him having the gun in his possession in his hand from my angle
where he was, the gun was in his hand, I saw him pop up like his shoulder come up
again and I initiated more rounds. >> Okay, so basically the deputy seemed to have either thought the gun was super
close to Elijah or that he ruled on top of it. But even the detective questioning him seems confused
>> prior to the second uh shots fired after he was already on the ground. Uh just to
clarify, did you at any point see the firearm in his hands? >> No, sir. It was on the left side of his
body. >> Okay. Just did you saw it there or? >> Yes, sir. >> Okay. So, it was on the ground.
>> Yes, sir. >> Okay. And same thing for the third. It was still on the ground. >> Yes, sir. I believe the third the third
time, um, his hand, I believe, was on it or near it, but on the ground. Yes, sir.
>> Oh, you rolled towards you. Yes, sir. >> Now, there's something I haven't told
you yet. The second Jacob Diaz Austin's name was released to the public, advocates and supporters of Elijah
started web sleuththing to learn literally everything and anything they could about him, Kristen and Danielle
included. Elijah's death happened in 2024, which was 3 years after Diaz Austin graduated from the academy and
then joined the Otto County Sheriff's Office in 2021. That was all fine and good. No red flags there until people
found a civil lawsuit from 2020 that revealed something shocking. It presented two new possible theories to
people following the case about why the deputy fired as many times as he did. According to these court docs, in August
of 2020, Jacob Diaz Austin was teaching students a concealed carry course at a shooting range, and he was running them
through a drill in some sort of area of the range that should have been closed. During that drill, apparently, he was
hit in the glasses by some sort of unidentified object that hit him so hard it actually damaged his right eye. And I
don't just mean a black eye. In the records, the injury is described as quote severe and permanent. So, that
left people like Kristen and Danielle mulling over a couple thoughts here. One, is it possible the deputy had PTSD
from that incident, and the amount of shots he fired at Elijah was an emotional reaction? And two, um, could
the deputy even see where the gun was? I mean, it's a legitimate concern. It was
very dark out and if according to the court docs, his right eye is severely and permanently damaged, it is possible
he did actually think the BB gun was a lot closer to Elijah's body than it actually was. But then the obvious
follow-up question here is, well, how did he pass the test to become a deputy if he can't see? Well, that eye injury
happened a year before he even became an officer. And I have his certificates. I
looked at them all. It looks like he did pass all the trainings. So, honestly, we
don't even know if that was a factor. And we probably won't know this until it gets to trial and we see all the
evidence his defense team presents. If they even mention the eye injury at all, but that did get people talking. Want to
know the other thing everyone's talking about? Remember, Jacob Diaz Austin was put back on paid admin leave since he
was charged with murder. You might be thinking, well, yeah, sure, on paper he's in jail, charged with first-degree
murder. Well, no, he's not. Okay, so that must mean he bonded out, right? Also, no. And he is not wearing an ankle
monitor. Now, I have been covering true crime news for more than a decade, and I
have never seen this in my career where somebody charged with first-degree murder awaiting trial who is not in
custody is not being electronically monitored. And no one I spoke to in the community seemed to know why. So, I
tried to figure it out, which honestly was a very complicated feat. But here's what I was able to confirm. Apparently,
the deputy waved arraignment. So, the New Mexico State Police told me that technically is a plea of not guilty.
They said a judge decides the conditions of release and confirmed the deputy does
not have on an ankle monitor. But when I tried to get clarification from both the
court and the Otto County Sheriff's Office on those release conditions, I first got absolutely nowhere with the
sheriff's office. In fact, the Otto County Sheriff's Office hasn't responded to any of my questions or emails about
the case at all. I've even emailed the sheriff himself numerous times. Nothing. Then I kept getting bounced around
within the court system on where to get these release conditions. It was like a goose chase. It was actually so
frustrating. And all of that to eventually finally get a phone call back from the court staff telling me those
release conditions are sealed, which seems annoyingly convenient for a situation so rare and controversial. So
I thought that part was going to remain a mystery for now. But that recently changed. Thanks to the family advocates
going to the courthouse in person in New Mexico after my attempt at trying to get
the release conditions, they were somehow able to get a version that was unsealed. So reading through them, it
appears that there were three options for release. Paying a bond, going into third party custody, or being released
on personal recgnissance. And it's option three that Deputy Diaz Austin was released on based on these stocks.
personal recgnissance. That basically means that the court is taking the deputy at his word that he promises to
show up at court when required. Usually, this is for low-risk defendants. Again,
never heard of this [clears throat] for first-degree murder, but that's what ended up happening. I asked the deputies
attorneys for comments on all of this as we inch toward trial, but I got no response back. So, it doesn't seem we'll
truly learn more until the trial begins. that finally feels like it's almost here
for Elijah's family and supporters after months of these tense hearings just to get there. Where the deputies family and
friends have been there in full force supporting his innocence, too. Elijah's loved ones hope ahead of what's about to
come in the courtroom. You'll watch the video and what happened and understand why they continue to demand
accountability in Elijah's death. Crime junkies, we will keep you updated as this trial begins and unfolds. So, make
sure to subscribe and hit the bell icon for additional updates on this and other
cases our team covers.

WARNING: This episode includes graphic footage of a fatal shooting of a minor. Viewers will see and hear gunfire, visible injuries, and audio of distress leading to and following a teenager’s death. Viewer discretion is strongly advised.

In the late hours of June 25, 2024, a deputy with the Otero County Sheriff’s Office responded to what should have been a routine welfare check along U.S. Highway 70 near Mescalero, New Mexico. The person walking alone was 17-year-old Elijah Hadley. Within minutes, Elijah was dead. The entire encounter was captured on law enforcement cameras, and today, the deputy involved is awaiting trial on a first-degree murder charge.

In this Crime Junkie investigation, breaking news reporter Briana Whitney breaks down one of the most controversial officer-involved shootings in recent years, using court records, interviews, and video evidence to examine what happened that night and why Elijah Hadley’s family continues to fight for justice.

You’ll learn about what happened during the welfare check on June 25, 2024, the body camera and dash camera footage that became central to the investigation, why Elijah Hadley was walking along Highway 70 that night, the discovery that the object Elijah carried was a BB gun, the investigation that led to criminal charges against Otero County Sheriff’s Deputy Jacob Diaz-Austin, and the legal questions that remain ahead of trial.

This episode also explores the challenges facing the Mescalero Apache community, the role video evidence has played in the investigation, the advocacy efforts led by Elijah’s family and supporters, and why this case has drawn national attention as the criminal proceedings move forward.

Jacob Diaz-Austin's trial is scheduled to begin August 17th. -------- Follow Crime Junkie: Instagram: https://www.instagram.com/crimejunkiepodcast Facebook: https://www.facebook.com/CrimeJunkiePodcast/ Twitter: https://twitter.com/CrimeJunkiePod Crime Junkie is created and hosted by Ashley Flowers.

About Ashley Flowers Ashley Flowers is the top female podcaster in the U.S. and the host of Crime Junkie, the #1 podcast among women and the #1 true crime podcast globally. As the Founder of Audiochuck, she has built a top-tier podcast production company that has garnered over 2.6 billion downloads, captivating audiences with its gripping storytelling through 10+ chart topping podcasts. Ashley and her team are dedicated to creating responsible true crime content that respects victims and their families.

Follow Ashley: Instagram: https://www.instagram.com/ASHLEYFLOWERS/ Twitter: https://twitter.com/ash_flowers TikTok: https://www.tiktok.com/@ashleyflowerscrimejunkie Facebook: https://www.facebook.com/ashleyflowers.af/

Check out these other great crime channels: @annieelise His Family Vanished…Then He Said THIS at Dinner | Jennifer and Abby Blagg https://www.youtube.com/watch?v=g96c6mJMGB8 @kallmekris Craziest Birthday NIGHTMARES...With Updates https://www.youtube.com/watch?v=noWG5gj7Sd8 @KendallRae American Idol Contestant Arrested For Murder!? The Case Of Ashley Flynn https://www.youtube.com/watch?v=am93RtH2OTE @bellafiori The Case of Steven Clayton https://www.youtube.com/watch?v=25KmwaTbaFI

Brief Summary

Elijah Hadley was shot by Deputy Austin during a welfare check, sparking community outrage and a murder trial set for 2024.

Key points

The Disturbing Story of Elijah Hadley. A controversial murder trial is set for June 2024 after a teenager was shot during a welfare check.
The Shocking Incident. Elijah Hadley was shot multiple times by a deputy during a welfare check, leading to public outrage.
Community Outrage. The release of dash cam footage sparked uproar in the community over Elijah's death.
Charges Filed Against Deputy. Deputy Jacob Diaz Austin faces first-degree murder charges for the shooting of Elijah Hadley.
Unusual Release Conditions. Deputy Diaz Austin was released on personal recognizance, a rare move for murder cases.
Trial Approaches for Elijah's Family. After months of hearings, Elijah's family is finally nearing the trial date.

Episode highlights

Episode quotes

What unfolded was anything but that, and it is all caught on video.

0:22WatchJul 8, 2026

Tension

75/ 100High tension

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