Someone truly missed out on an opportunity to receive the coveted Darwin award. Last week, an armed man verbally assaulted a woman at gunpoint in a park in Albuquerque, New Mexico. When a bystander tried to get him to back off, he pistol whipped her before fleeing. Thankfully, the entire incident was caught on camera – irrefutable evidence for when Albuquerque police officers apprehended him later in the day.
Too stupid for CCW? Try too stupid for life.
It’s unknown whether this man had a concealed carry permit but this incident definitely falls within reckless endangerment, aggravated battery, and a whole host of charges which hopefully rack up time and keep this guy from ever legally owning a gun.
KRQE Albuquerque reported that, “witnesses and police say a relationship gone bad is to blame.”
Let’s dispense with that myth. There is never any excuse to brandish a pistol and point it in a person’s face – much less assault an unarmed woman trying to get you off your victim.
The whole event took place on Saturday, June 7 and Albuquerque Police later issued a warrant and arrested the man based upon video evidence on Sunday, June 8.
But wait… It gets better…
Judge Initially Drops Charges Due to “Defective Complaint”
An Albuquerque judge has dropped the charges against a man caught on video pistol whipping a woman at an Albuquerque park. The judge said the charges against 24-year-old Xavier Amaya were dismissed due to defective complaint.
Apparently, the arresting officer forgot to sign the complaint against Amaya resulting in a judge ruling it defective. Thankfully, it appears that the officer was fast to respond and refile charged against the 24 year old – resulting in him being rebooked for those alleged crimes.
On his public record, Amaya has been presently charged for the following:
- Aggravated Assault Against a Household Member
- Aggravated Assault/Willful Assault With a Deadly Weapon
- Aggravated Battery with Great Bodily Harm (GBH)
- Use of a Firearm
According to KOAT, the judge has released Amaya on a $50,000 bond contingent upon no drugs, no alcohol, no weapons, and no contact with the victims. Amaya has no prior convictions. Most of these crimes, in New Mexico, are considered to be fourth class felonies which all feasibly bar Amaya from applying or receiving his concealed carry permit in this or any other state.
A. The department shall issue a concealed handgun license to an applicant who: …
(5) has not been convicted of a felony in New Mexico or any other state or pursuant to the laws of the United States or any other jurisdiction;
New Mexico Statutes Annotated (NMSA) Chapter 19 Concealed Handgun Carry 29-19-4. Applicant qualifications. (2005)
New Mexico Doesn’t Acknowledge “Stand Your Ground”
Unfortunately for bystanders, in this incident at U.S.S. Bullhead Memorial Park, there was little they could do other than videotape and try to separate the victim from the potential shooter. Even if your life is in jeopardy, the State of New Mexico hasn’t formally recognized “Stand Your Ground” as a plausible defense.
There is an early 1946 case of New Mexico’s Supreme Court (State) v. Couch. In this, the judge proclaimed,
“A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.”
So, there is a defense argument in place – it’s just not formally accepted by the State as a justification for self-defense. That said, Amaya really missed out on a great opportunity to see CCW in action. Or, more appropriately, be the last thing he never saw.