Oriana Farrell Jailed – New Mexico State Police Officer Fired For Firing At A Van Full Of Kids


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New Mexico — The New Mexico State Police Officer who fired shots at a minivan full of children during a hectic traffic stop, has been fired.

On October 28, 2013 Oriana Farrell, 39, was stopped by New Mexico State Police Officer Tony DeTavis for speeding. Farrell’s license was also expired. Farrell argued with Officer DeTavis over the ticket he had issued to her for speeding and as Officer DeTavis was returning to his vehicle, Farrell decided to take off with a van load full of children, according to reports.

According to Officer DeTavis, he pulled Oriana over again and then ordered her out of the minivan but she refused to comply.

At one point Officer DeTavis stated that Oriana’s son exited the van and rushed him, back up arrived shortly after.

According to reports, during the scuffle Oriana and her children got back into the van and proceeded to flee for a second time. As Oriana drove off, Officer Elias Montoya fired shots at the minivan full of children, some as young as 6-years-old, according to reports. Oriana led police on a chase at speeds of 100 MPH with her children in the minivan.

Officer Montoya was placed on administrative leave with pay earlier this week following an investigation into the shooting outside the northern New Mexico tourist town of Taos. However, Lieutenant Emmanuel Gutierrez, a State Police spokesman, said he confirmed with State Police Chief Pete Kassetas that Officer Elias Montoya is no longer employed by the department. Montoya’s termination was effective at 5 p.m. on December 6, 2013. Montoya has 30 days to file an appeal for his firing.

Montoya wrote in a police report,  “I aimed at the left rear tire in an attempt to immobilize the vehicle.”

On Tuesday, he was notified that the agency proposed to fire him, and Kassetas, in consultation with Department of Public Safety Secretary Gorden Eden, made the final decision after a disciplinary hearing Thursday.

Gutierrez issued a brief statement on the firing, but agency rules prohibit additional public comment because it’s a personnel matter that can be appealed.

Montoya had worked for the New Mexico State Police for 12 years with no prior complaints.

Oriana and her son were arrested in front of a hotel after the chase came to an end. She faces charges of Child Abuse, Fleeing  and Eluding, Resisting Arrest, and Possession of Drug Paraphernalia for a pair of marijuana pipes that authorities say were in the van. She has since been released on bond.

Ocala Post was unable to obtain information on Oriana’s son, however Ocala Post did obtained the full dash cam video from State Police.

Ocala Post wants to hear from you. Do you believe the officer should have been fired? Comments are open below.

Published by on Dec 7 2013. Filed under COPS AND CRIME, Featured, Mother Of The Year, State To State, Video Gallery. You can follow any responses to this entry through the RSS 2.0.

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  • Justin Brown

    It was the mother’s responsibility to keep her children safe and be a role model, but because of her action’s of course as society were going to blame law enforcement and not the idiot that put her and her kids in that situation.

    • steelers01

      What complete and utter bullshit! This cop was rightfully fired and should be doing jail time! Beating the windows out of the van and shooting at the “tires” were WAY out of line for a traffic stop. Sue these jagoffs until they bleed!

      • wiessej

        WRONG!! AFTER he was assaulted, everyone jumped into the vehicle and locked the doors. They were justified in busting out the windows to get at them. Yeah, the cop who shot the gun shoulda been fired, but these people were WRONG!!

      • Guillermo Pazos

        The officer who broke the windows did right. The other cop, who shot the car, was wrong.

        The officer who broke the windows was the same that had all patience in the world with the woman, he ran to the police car as soon as she started rolling again.

        The officer who fired the shots was the first one to arrive the scene on reinforcements. As the fires are being shot, you can see the patient officer slip right behind the guy firing the gun.

        TO draw out the picture, as fires are being shot by Montoya – the reinforcement -, DeTravis, the chill officer is slipping behind him.

        Dude, don’t make assumptions… Read the text properly. It says there quite clearly that the guy who shot the car and got fired is another one… Geez.

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  • Brian Caldwell

    The woman was an idiot and put her children at risk. I have the highst highest regard for the pol
    ice officer who show the ultimate patience!

    Brian Caldwell

  • TheHerbalGerbil

    Let’s see, the driver and passengers of the van all assaulted a police officer, and his colleague is only trying to shoot the tire out.

    Why are we even asking the question of whether he should be losing his job? The guy should be getting a commendation.

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  • http://lasvegasworldnews.com/ Chellie Cervone

    Yes the officer should have been fired but it does absolve Farrell. She was completely wrong for fleeing from police not once but twice. Did she not stop because of the drugs and paraphernalia in her car? and to think that this woman claims to be an educator is downright scary.

  • Ms D 66

    All she had to do was sign the damn paper! She set a poor example for her children!!!
    The officers used excessive force! It wasn’t necessary! More lives were endangered due to the high speed chase! The police should have called off the chase & issued a warrant for her arrest!!!!!

    • Brandy O

      If they were to let her go and she had guns or other harmful things in her possession and she went and hurt the children in that vehicle you would hold law enforcement responsible because they had her in custody earlier.

  • Mary

    Personally I’m not sure if the officer trying to shoot the tire should have been fired. I watched the entire video and from what I understand the one who shot had just shown up as back-up and didn’t understand the situation. However, the officer who started all of this and was man-handling the woman and trying to break the window in on the kids- that guy SHOULD be fired and maybe facing charges himself. He was acting like an ass the whole time and I can see why they were scared of him. If someone pulled out a gun screaming at my son I would probably leave too. Also the kid just saw someone roughing up his mother-who wouldn’t get out of the car and tell him to stop? I have a hard time blaming her for the entire incident, although obviously she should have just signed the stupid paper to begin with. That’s another thing-I’ve never heard of any policy where you have to make a decision on traffic tickets right then and there. It seemed like he was just having a bad day (fight with significant other?) And looking for someone to take it out on.

    • Real Talk

      And you are what is wrong with the world today. First off the officer did not start this as you say, the “mother” did by speeding and driving with an expired license. Second off, This “mother” set a terrible example for her children. She was noncompliant in every way possible. For every action there is a reaction. It is not the officers fault that she was speeding, he was even giving her a break on her license being expired. He was not acting like an ass the “mother” was. Let’s look at how much of an ass she was being, first she didn’t want to make a decision to either take the ticket or take it to court. He stood there patiently and kept asking her to make a decision, when she failed to make a decision (after he gave her chance after chance, more then any other officer would have) he told her go ahead turn off your car so I can let dispatch know what is going on. He heads back to the car to call it in and she takes off speeding again, with kids in the car. He pulls her over again, and tries and tries with her to get her out of the vehicle and neutralize the situation so the children would not be upset, but she just continues to resist. Then she allows her children to open the door and get out and the second time he actually puts his hands on a law enforcement officer, already disrespectful to authority, shows you what a great “mother” this woman is. Then they all jump back in the car and took off again, she was going against traffic more then once, weaving in and out of traffic and the whole time speeding. If she was so concerned about her children she would have made a decision and signed the ticket then the whole thing could have been avoided, she took it to the next level, no one else. She has no one else to blame but herself and honestly after seeing everything she did I hope and pray she doesn’t have her children any more, she apparently only cares about herself. Not once did she think about the well being of her children. As for the officer that fired the shots, I think he should get his job back.

      • Miguel Dominguez

        I couldn’t have said it better, Real Talk. Do you guys know what happens if I get pulled over for speeding? I sign the ticket or go to court. Period. What I don’t do is escalate the situation, create all this drama, flee, endanger other people’s lives and then get morons side with me claiming that this was the police’s fault. Do you know who is coming to help me when I am in trouble? the police. Do you know who isn’t? That mother (some mother) and her fans. Frankly, the restraint and patience shown by this officer is commendable. That the kid wasn’t tasered on the spot is just one example of it.

  • wiessej

    I believe the officer who fired the gun was correctly fired. There was no claim of any weapons in the car. The woman who fled needs some serious jail time. She was already getting a break on the expired license and took off twice – the second time at speeds in excess of 100mph. WTF!!! And her son assaulted a police officer. Had the mother simply complied with the officer’s very reasonable requests, this all would have been fine. She refused and things escalated. In hindsight, once she took off the first time, I would have taken her license away and had the vehicle towed.

  • Jordan Janusz

    the cop didn’t even hit her tires ive seen tires go out in less than a minute after they are shot out at a 100 yards, this cop was actually aiming at the tires but because she was swerving he couldn’t shoot her polus that JACKASS SON shouldn’t have tried to attack the fucktard should go to jail the cop should be honored for NOT shooting it wasn’t even the cop from the beginning it was the second cop on his left



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