U.S. Attorney and Second Judicial District Attorney’s Office Collaborate to Prosecute Convicted Felon for Gun Violence Incident

Albuquerque – 

A Los Lunas resident has been sentenced to a term of 57 months in the United States Federal Prison System for the unlawful possession of firearms and ammunition while a convicted felon following an incident involving domestic violence.

The federal system does not have a parole system. 

As reported in court documents, on July 21, 2023, Gabriel Roger Benavidez, a 34-year-old individual, was involved in an altercation with his girlfriend in the parking lot of an apartment complex in Albuquerque. During the incident, Benavidez discharged multiple rounds from a 9mm pistol at the engine block of his girlfriend’s vehicle.

Albuquerque Police Department officers responded to the scene following 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 found in Benavidez’s discarded clothing. 

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

During the investigation, it was discovered that Benavidez was a convicted felon at the time of the incident and was fully aware that he was legally prohibited from possessing 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.