DOJ Seal

Department of Justice

U.S. Attorney's Office
District of New Mexico

For Immediate Release

Tuesday, February 20, 2024
Alexander M.M. Uballez
, United States Attorney

Alamogordo Man Charged with Possessing Unregistered Weapon Used in Police Officer Killing

ALBUQUERQUE, N.M. — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced that Dominic Cruz De La O appeared in federal court on a criminal complaint charging him with possession of an unregistered weapon made from a shotgun. De La O, 27, of Alamogordo, will remain in temporary custody pending a detention hearing, which is scheduled for Feb. 22, 2024.

According to the criminal complaint, on July 15, 2023, De La O allegedly shot and killed Alamogordo Police Officer Anthony Ferguson during a traffic stop with a modified 12-gauge shotgun. The barrel length of the shotgun was 16 inches, and the overall length was 25.5 inches. The shotgun stock had been removed and replaced with a pistol grip.

On July 26, 2023, ATF agents received information that Jonah Apodaca allegedly provided the modified shotgun to De La O. Apodaca, 32, of Alamogordo, appeared in federal court on a criminal complaint charging him with possession of a firearm by a felon on Feb. 12, 2024. Apodaca will remain in custody pending trial, which has not been scheduled.

A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, De La O faces up to 10 years in prison and Apodaca faces 15 years in prison. De La O also faces state charges including first-degree murder, aggravated fleeing, aggravated assault, tampering with evidence, and other lesser charges stemming from the July 15, 2023, death of Officer Ferguson. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Alamogordo Police Department, New Mexico State Police, and the Otero County Sheriff’s Office. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

View Del La O's Criminal Complaint


View Apodaca's Criminal Complaint

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Dallas Field Division