Estate sues San Juan County over failure to seek firearm removal

The estate of Aeriel Gallegos filed suit on December 8, 2025, naming the San Juan County Commission, Sheriff Shane Ferrari, Detective Nicholas Adegite and Deputy Dylan Faverino. The complaint alleges county officials and deputies had multiple contacts with Manuel Weahkee, were aware of a protective order issued to Gallegos, and nonetheless failed to pursue a firearm removal order under New Mexico’s Red Flag (extreme risk) statute. Plaintiffs contend that failure violated Gallegos’ civil rights and seek damages under the New Mexico Civil Rights Act and related statutes, with any recovery intended to benefit Gallegos’ child.

Gallegos, who was granted a 20-year restraining order on September 5, 2023, had described years of abuse and threats. On December 18, 2023, Weahkee shot and killed Gallegos and then killed himself. The complaint asserts that deputies’ prior contacts and knowledge of Weahkee’s violent behavior should have prompted pursuit of a court-ordered firearm removal to prevent the killings.

The lawsuit arrives against a backdrop of public and institutional context that plaintiffs’ counsel emphasize. Sheriff Ferrari has publicly expressed opposition to New Mexico’s red flag law in the past, and the San Juan County Commission adopted a Second Amendment–oriented resolution in 2019. The complaint argues those positions, combined with the actions or inaction of specific officers, contributed to a failure to use the statutory mechanism designed to reduce extreme risk.

Procedurally, four district judges initially recused from the case before Judge Curtis Gurley was assigned. Sheriff Ferrari has been served with the complaint and declined substantive comment on pending litigation. The case remains in early stages and seeks both damages and, implicitly, scrutiny of county practices regarding use of extreme risk orders.

For San Juan County residents, the suit raises immediate institutional and policy questions. It focuses attention on how local law enforcement implements statewide statutes intended to prevent violence, how political positions and county resolutions influence day-to-day policing, and how elected officials are held accountable when protective mechanisms are not deployed. The outcome may affect training, written policies, and oversight practices within the Sheriff’s Office and prompt renewed discussion at county commission meetings about balancing Second Amendment concerns with emergency removal tools.

The litigation also creates potential electoral implications for local officeholders who set policy or oversee the sheriff. As the case proceeds, residents have a direct stake in monitoring court filings, commission actions, and any administrative responses from the Sheriff’s Office that address the use of extreme risk protection tools and public-safety protocols.