No charges filed for inmate beating

ALBUQUERQUE (KRQE) – An MDC guard caught on surveillance video beating an inmate will not face charges and is back at work.

Last month, inmate Mark Palacios used another inmate’s crutch to turn up the volume on the television.

Corrections officer Elijah Chavez said that’s when Palacios turned around and stepped back in a fighting stance with the crutch in the air.

Chavez then sprayed Palacios with pepper spray, causing him to fall to the ground. The camera then captures the officer repeatedly punching the inmate.

Chavez said he was in survival mode because the inmate was resistant and tried to take him down.

On Friday, MDC Chief Ramon Rustin told KRQE News 13 that the investigation is complete and Chavez was justified in the use of force.

Palacios is charged with battery on a peace officer. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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