In July 2021, Officer Robert “Eddie” Embly of the Jal, New Mexico Police Department responded with fellow officers to a call about a suspicious vehicle at a local truck stop. The driver, Hector Nava, appeared disoriented and impaired—sweating, unsteady, and acting erratically. Another officer deployed a Taser multiple times while attempting to gain control. Embly’s role was limited: he helped move the suspect to a patrol car and transported him a short distance to the police station.

Minutes after arrival, Nava became unresponsive and was later pronounced dead. The New Mexico Office of the Medical Investigator ruled definitively that he died of methamphetamine toxicity, not from police force. The autopsy further concluded it was “unlikely that the electronic shocking was related to his death.” Despite these medical findings, the U.S. Department of Justice charged Officer Embly under a federal civil rights statute—18 U.S.C. § 242—accusing him of failing to intervene and of deliberate indifference to medical needs.

At trial, the government succeeded in blocking all evidence of Nava’s methamphetamine overdose. The jury never heard the true cause of death. Jurors later admitted in writing that they were left to speculate about what killed Nava, acknowledging that the suppressed evidence “would have carried weight with many jurors.” Without the facts, the jury convicted Embly of crimes he did not commit. He now faces more than a decade in federal prison.

This conviction is a profound miscarriage of justice. Officer Embly did not use force, did not ignore medical needs, and did not cause or contribute to Nava’s death. The truth—supported by autopsy and toxicology—was kept from the jury. His conviction reflects a political prosecution, not a pursuit of truth.

Officer Embly was a young, dedicated officer in a small New Mexico town, serving honorably and without prior discipline. Instead of building his career in public service, he now faces the loss of his freedom because the federal government refused to let the jury hear the full story.

The Law Enforcement Legal Defense Fund is standing with Officer Embly to support his appeal and fight for justice. The evidence is clear, the trial was unfair, and the verdict must be overturned.

Stand with Robert “Eddie” Embly. Help us defend those who defend us.