NEWS
Albuquerque man charged under Bennie鈥檚 Law
Police say 8-year-old girl shot herself with handgun left accessible on kitchen counter in a West Side home
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An Albuquerque man has been arrested and charged under Bennie鈥檚 Law after allegedly making a firearm accessible to an 8-year-old who shot herself in the legs.
Isaiah Chavez, 26, is charged with child abuse and negligently making a firearm accessible to a minor, a fourth-degree felony under a state law named for Bennie Hargrove. Hargrove, a 13-year-old Albuquerque middle school student, was shot and killed by a classmate using his father鈥檚 improperly stored gun in 2021.
Chavez was booked into the Metropolitan Detention Center on Monday. It is unclear if he has an attorney.
Police were dispatched to a home in the 6000 block of Basket Weaver NW 鈥� near Universe and McMahon 鈥� after receiving a call that an 8-year-old girl shot herself in the thigh, according to a criminal complaint filed in Metropolitan Court.
Officers arrived and spoke to the homeowner, Chavez鈥檚 mother, who told police that Chavez came over to spend the night and emptied his pockets 鈥� including his gun 鈥� on the kitchen counter, the complaint states.
鈥淭he 8-year-old girl was manipulating the handgun when it discharged and struck both of her legs,鈥� said Gilbert Gallegos, spokesperson for the Albuquerque Police Department, in a news release.
The woman told officers she was alerted to the shooting after Chavez walked into her bedroom around 6 a.m.
She said that the girl had shot herself, according to the complaint.
The owner put a tourniquet on the girl and drove her to a hospital.
鈥淭he girl鈥檚 wound was not life-threatening,鈥� Gallegos said.
Police spoke with Chavez, who said that he doesn鈥檛 typically stay at the house but came over and spent the night on Sunday, the complaint states. He told officers he woke up around 6 a.m. to a 鈥渓oud pop鈥� and saw that the 8-year-old was bleeding.
鈥淚 think the baby just (expletive) shot herself,鈥� Chavez told the homeowner, according to the complaint.
He told police that he 鈥渢hought the gun was high enough鈥� on the counter that the kids in the house couldn鈥檛 reach it. Chavez told officers that after the girl shot herself, he removed the magazine from the gun and locked it away before notifying his mother, the complaint states.
Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.
