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Man charged in fatal shooting of pregnant girlfriend

Suspect told police he did not intentionally fire gun

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A man is accused of shooting and killing his pregnant girlfriend during an argument in Southeast Albuquerque last weekend.

James Candelaria

James Candelaria, 33, is charged with an open count of murder, tampering with evidence and conspiracy to commit tampering with evidence in the death of Destiny Benavidez.

He was booked into the Metropolitan Detention Center on Wednesday and it is not clear if he has an attorney.

鈥淪hooting someone in the head is extremely reckless and violent behavior that shows no concern for the health and safety of the victim,鈥 states a pretrial detention motion filed in Metropolitan Court.

Officers were dispatched to a home in the 2100 block of Edith SE 鈥 near Broadway and Gibson 鈥 June 20 after learning a woman had been shot during a domestic altercation, according to a criminal complaint filed in Metropolitan Court.

Benavidez was taken to a hospital and died from her injuries Wednesday. Detectives learned she was pregnant, according to the pretrial motion.

A witness told police she saw Benavidez and Candelaria drinking alcohol the night prior, according to the complaint. She woke up around 5:45 a.m. the next day when she heard Candelaria 鈥渟creaming hysterically.鈥

Witnesses told a 911 dispatcher that Benavidez had fallen, but a medical exam showed bullet fragments in her head, the complaint states.

Police spoke with Candelaria, who said he had blacked out after drinking with Benavidez the night before, according to the complaint. He told officers that he and Benavidez began to argue after she confronted him about speaking to other women.

Candelaria told police his next memory was waking up on the floor next to his bedroom holding Benavidez in his arms, the complaint states. 

鈥淐andelaria stated (Benavidez) was bleeding from the head, was snoring and was not responding to him,鈥 according to the complaint.

Candelaria denied having guns in the home and repeatedly denied shooting Benavidez, the complaint states.

He told police he did not know how Benavidez got the injury and when officers said she had been shot, Candelaria said someone else may have entered the home while he was blacked out, according to the complaint.

He later told officers he did own a firearm, the complaint states. He said Benavidez was leaning over near him when the firearm discharged and said he did not intentionally fire the gun and did not know why it went off.

Candelaria told police he had given the gun to his uncle and apologized for giving a false statement, according to the complaint.

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.