Former New Mexico Prosecutor Faces Sexual Assault Claims After Illegal Frisk Captured on Bodycam

A New Mexico woman has come forward with allegations that a former state prosecutor conducted an 'illegal and invasive' frisk during a traffic stop, sparking outrage and raising questions about law enforcement protocols. The incident, captured on bodycam footage, shows former assistant district attorney Rossi Paola Vargas Daly reaching into the bra of 28-year-old Aquracina Torres-Gallegos during a stop in Española. The video, obtained by the Santa Fe New Mexican, has become the centerpiece of a formal tort claim notice filed by Torres-Gallegos's attorneys, accusing Daly and sheriff's deputy Nicholas Diaz of sexual assault, battery, and civil rights violations.

Torres-Gallegos was pulled over on August 8 by Rio Arriba County sheriff's deputy Nicholas Diaz after an alleged high-speed chase. According to court records, she was driving at 72 mph in a 45 mph zone, prompting a pursuit by Diaz and another deputy. Bodycam footage later shows Diaz noticing something protruding from her top, which she identified as a can of pepper spray. He then offered to have a 'female' conduct the search to make her more 'comfortable' and motioned for Daly to join. Daly, who was accompanying Diaz on a ride-along at the time, proceeded to rummage through Torres-Gallegos's clothing and retrieved the pink can of pepper spray from her bra.

The tort claim notice, sent to Rio Arriba County and the First Judicial District Attorney's Office, alleges that Daly, a civilian without law enforcement credentials, conducted the search on Torres-Gallegos's 'private parts.' It further claims that Diaz lied under oath by omitting Daly's involvement in the search during a sworn criminal complaint. 'Nowhere in the affidavit does the sheriff's deputy even mention the civilian attorney and the role played by the attorney in the illegal search,' the notice states. 'This omission/misrepresentation of the search is a willful attempt to avoid all consequences of the illegal acts.'

The complaint lists a range of allegations, including negligence, intentional infliction of emotional distress, constitutional search and seizure violations, and breaches of the New Mexico Tort Claims Act and Civil Rights Act. It also highlights that a breath-alcohol sample from Torres-Gallegos showed a blood-alcohol level of 0.21, more than two and a half times the legal limit. Despite this, the charges against her—including aggravated driving under the influence, evading an officer, and speeding—were dismissed in October by new prosecutor Shelby Bradley, who cited 'the interest of justice.'

Daly, who was initially listed as the prosecutor on the case, was later removed from the role after her attorney identified her as a witness. According to her LinkedIn profile, Daly held the position of assistant district attorney for the First Judicial District Attorney's Office from February 2024 to November 2025. Her current employment status remains unclear. A spokesperson for the DA's office told the Santa Fe New Mexican that the tort claim contains 'allegations, many of which are not true,' and emphasized that the office expects to defend against the claims. 'Additionally, the [district attorney] must caution against taking the self-serving allegations and the semantics used in the tort notice as true,' spokesperson Catherine Lynch wrote.

Torres-Gallegos's attorneys, Dorie Biagiante Smith and Paul L. Fourt Jr., have stated that no settlement discussions are ongoing and that their client is preparing her case for litigation. Daly has not responded to requests for comment, nor has Rio Arriba County Sheriff's Office. The incident has ignited a legal and ethical debate over the boundaries of law enforcement authority and the role of civilians in searches, with questions lingering about accountability and the handling of the case by those involved.

The fallout continues to unfold, with the tort claim notice serving as a formal step toward potential litigation. Meanwhile, the sheriff's office and DA's office face mounting pressure to address the allegations, which have exposed what some describe as a 'willful attempt' to shield those responsible from consequences. For Torres-Gallegos, the ordeal has become a deeply personal fight for justice, as her legal team prepares to challenge what they describe as systemic failures and violations of civil rights.