APD Uses Bennie’s Law to Charge Man After 8-Year-Old Accidentally Shoots Herself

Albuquerque –

On April 27th, 2026, just before 6:20 AM, a 911 caller reported that an 8-year-old girl had accidentally shot herself in the leg.

Detectives have applied the Bennie Hargrove Gun Safety Act to charge a 26-year-old man, Isaiah Chavez, who is accused of leaving a handgun unsecured on a counter, where the child was able to access it.

Investigators determined the girl was handling the firearm when it discharged, striking both of her legs. According to APD’s PIO Gilbert Gallegos, a relative who owns the home in the 6500 block of Basket Weaver Ave. NW was awakened around 6 AM by her son, who reported hearing the gunshot. The complaint states the woman, who is a nurse, applied a tourniquet and transported the child to a hospital, where the injuries were determined to be non-life-threatening.

Officers detained the man, Isaiah Chavez, at the scene and later interviewed him. Chavez told police he had stayed overnight at the home and slept on the couch. He said he emptied his pockets and placed his belongings, including the handgun, on the counter before going to sleep.

According to investigators, Chavez awoke to a popping sound and found the child bleeding and appearing to be in shock. He said he secured the firearm and alerted others in the home.

Following consultation with the District Attorney’s Office, Chavez was charged with child abuse and negligently making a firearm accessible to a minor without great bodily harm. The firearm-related charge falls under Bennie’s Law, named for Bennie Hargrove, who was killed in 2021 outside an Albuquerque middle school.

Chavez was booked into MDC and charged with Child Abuse (No Death or GBH) (Recklessly) (1st Offense) and Negligent Use of a Deadly Weapon (Unsafe Handling).