Lawsuit alleges sheriff failed to use red flag law, seeks accountability

A complaint filed in San Juan County District Court on December 16, 2025 accuses Sheriff Shane Ferrari, two deputies, and the San Juan County Commission of failing to pursue a gun removal order under New Mexico's Extreme Risk Firearm Protection Act after repeated contacts with the victim. Attorneys for the estate say that 19 year old Aeriel Gallegos, who had documented abuse, obtained a 20 year restraining order two months before she was killed in November 2023 by her boyfriend, Manuel Weahkee, who then took his own life.

The plaintiffs contend that deputies contacted Gallegos several times in the weeks before the shooting but did not seek an order to temporarily remove firearms from Weahkee under the state law commonly called the red flag law. The lawsuit seeks damages under the New Mexico Civil Rights Act and the Tort Claims Act, with any award designated to benefit Gallegos' two year old daughter.

Sheriff Ferrari has publicly opposed the red flag statute since its passage in 2020, describing it as unconstitutional and saying civil orders should not involve SWAT teams. The complaint frames that history as part of the context for the alleged failure to use the law in this case. The county declined to comment on pending litigation. It is not clear from court filings whether the Sheriff’s Office has changed enforcement practices since the 2023 shooting.

For residents of San Juan County the case touches on core public safety and trust issues. Domestic violence survivors and their advocates may seek clarity on when law enforcement will use the tools available under state law to limit access to firearms by people deemed a risk. County officials could face financial liability and pressure to revise policies if the suit succeeds, while the litigation may prompt closer scrutiny of training and response protocols for deputy contacts with victims of abuse.

The complaint sets a timetable for discovery and legal argument in the months ahead, and the court process will determine whether the accused parties are found liable and whether policy changes follow. The case underscores tensions between individual rights, community safety, and local law enforcement discretion in San Juan County.