Former Prosecutor Faces Allegations Over Invasive Traffic Stop Search
A New Mexico woman has launched serious accusations against a former state prosecutor, claiming she conducted an illegal and invasive search during a traffic stop by reaching into the driver's bra. Aquracina Torres-Gallegos, aged 28, alleges that former assistant district attorney Rossi Paola Vargas Daly performed this improper frisk, with bodycam footage reportedly capturing the incident.
The Traffic Stop and Alleged Search
Torres-Gallegos was pulled over on August 8 by Rio Arriba County sheriff's deputy Nicholas Diaz following an alleged drunken, high-speed chase in Española. According to bodycam footage obtained by the Santa Fe New Mexican, Daly, who was accompanying Diaz on a ride-along, reached into Torres-Gallegos's bra and retrieved a pink can of pepper spray stashed inside.
A tort claim notice sent by Torres-Gallegos's attorneys argues that Daly should never have been permitted to conduct the search, as she lacked proper law enforcement credentials. The notice, submitted to Rio Arriba County and the First Judicial District Attorney's Office, accuses both Daly and Diaz of sexual assault, battery, and civil rights violations.
Legal Claims and Allegations
The complaint specifically describes the search as being conducted on Torres-Gallegos's private parts by a civilian without proper training or law enforcement credentials. It further alleges that Diaz lied under oath by claiming he performed the search and omitted Daly's involvement in a sworn criminal complaint.
According to the tort claim notice, This omission/misrepresentation of the search is a willful attempt to avoid all consequences of the illegal acts. Additional accusations include:
- Negligence
- Intentional infliction of emotional distress
- Constitutional search and seizure violations
- Violations under the New Mexico Tort Claims Act and the state's Civil Rights Act
Background and Case Details
Torres-Gallegos was initially charged with aggravated driving while under the influence, evading or obstructing an officer, and speeding. Court records indicate that Diaz and another deputy pursued her after spotting her driving at 72 mph in a 45 mph zone. Bodycam footage shows Diaz inquiring about something sticking out of her top, which she identified as pepper spray.
Diaz then offered to have a female conduct the search to make her more comfortable, motioning for Daly to join. The video reportedly shows Daly rummaging in the driver's clothing and retrieving the pepper spray. A breath-alcohol sample from Torres-Gallegos registered at 0.21, more than two and a half times the legal limit.
Prosecutorial Changes and Responses
Daly was initially listed as the prosecutor on the case until Torres-Gallegos's lawyer identified her as a witness, leading to the appointment of a new prosecutor, Shelby Bradley. In October, Bradley dismissed the charges in the interest of justice.
At the time of the search, Daly served as the First Judicial District Attorney's Office misdemeanor attorney, holding her assistant district attorney position from February 2024 to November 2025. It remains unclear why she is no longer employed with the office.
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 are the subject of potential litigation that we expect to defend. Spokesperson Catherine Lynch added, Additionally, the [district attorney] must caution against taking the self-serving allegations and the semantics used in the tort notice as true.
Ongoing Legal Proceedings
Torres-Gallegos's attorneys, Dorie Biagiante Smith and Paul L. Fourt Jr., stated that no settlement discussions are ongoing, and our client is preparing her case for litigation. The Daily Mail has reached out to the Rio Arriba County Sheriff's Office, Torres-Gallegos's attorney, Diaz, and Daly for comment, with responses pending.
