U.S. Attorney's Office and Second Judicial District Attorney’s Office Collaborate to Prosecute Convicted Felon for Gun Violence Incident in Albuquerque (DOJ)

Press Release

ALBUQUERQUE - A Los Lunas man has been sentenced to 57 months in federal prison for illegally possessing firearms and ammunition as a convicted felon following a domestic incident.

There is no parole in the federal system.

According to court documents, on July 21, 2023, Gabriel Roger Benavidez, 34, was involved in an altercation with his girlfriend in an apartment complex parking lot in Albuquerque. During the incident, Benavidez fired multiple rounds from a 9mm pistol at the engine block of his girlfriend's car.

Albuquerque Police Department officers responded to the scene after a ShotSpotter notification. Benavidez fled on foot, discarding his outer clothing and a loaded 9mm pistol in a bush. Officers recovered the firearm, which was loaded with 11 rounds, along with an additional 18 rounds of 9mm ammunition in Benavidez's discarded clothing.

Law enforcement deployed a drone to locate Benavidez, who had entered a stranger's apartment. Law enforcement also recovered another firearm belonging to Benavidez, a .45 caliber pistol, that had been discarded in a trash bin.

During the investigation, it was determined that Benavidez was a convicted felon at the time of the incident and was aware that he was not legally permitted to possess firearms or ammunition.

Upon his release from prison, Benavidez will be subject to two years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Bernalillo County District Attorney Sam Bregman made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Special Assistant U.S. Attorney Peter Haynes prosecuted the case as part of an agreement with the Second Judicial District Attorney's Office.

Through the agreement, Assistant District Attorneys are designated Special Assistant United States Attorneys (SAUSAs) in the United States Attorney's Office. The SAUSA from the Second Judicial District Attorney's Office screens felony criminal complaints filed in Bernalillo County for federal criminal offenses, prioritizing federal charges against those who drive violence in the Albuquerque metropolitan area. Since 2020, the United States Attorney's Office has reviewed almost 3,000 cases and has charged more than 300 criminal cases pursuant to this program.

The United States Attorney's Office has similar agreements with the New Mexico Department of Justice and the First Judicial District Attorney's Office and plans to expand the program throughout the state.

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Updated December 11, 2024