Man shot by sheriff files suit alleging excessive force

PORTALES — A man shot by Roosevelt County Sheriff Malin Parker in January 2018 is suing, alleging Parker used excessive force in trying to stop him as he drove a front-loading tractor.

James McFarlin filed the lawsuit last week. Authorities said Parker shot McFarlin after McFarlin rammed the tractor into his wife's car and drove recklessly.

McFarlin, 48, at the time, was charged with unlawful taking of a motor vehicle, aggravated fleeing a law enforcement officer and criminal damage to property after leading officers on a tumultuous chase through fields and fences in Portales, according to court documents.

Parker tried shooting out the tires of the heavy equipment before resorting to deadly force out of fear McFarlin “was going to strike the motoring public or bystanders,” a New Mexico State Police news release said.

State police said at the time McFarlin's injuries were not life threatening, but court records show he is disabled because of the incident.

The criminal case is still pending, slated for trial next year. Records show an agreement has been discussed in which McFarlin would agree to plead guilty to misdemeanor charges. But Parker told prosecutors he is "not OK" with misdemeanor charges that would allow McFarlin to receive disability payments from the government.

"He endangered many lives on the day in question," Parker wrote in an email to Prosecutor Quentin Ray, records show. "Plus he is suing me civilly for something he forced me in to. I do not feel he should live off of tax payers for something he caused."