Adam Food Market employee tries to keep business name out of his own criminal case
ALBUQUERQUE, N.M. (KRQE) – The Adam Food Market has been in the spotlight dubbed by police as a hotbed for criminal activity. Now, one of the employees is hoping that won’t impact his own case.
According to a criminal complaint, surveillance video shows Mohammed Kahla, who works at the market, shooting a car in the parking lot before two others pick up shell casings. Kahla first told police the car was driving erratically in the parking lot so he shot in the air, according to the criminal complaint. After seeing the surveillance video, he told police the driver pointed a gun at him in the store, so he shot at the car to protect his wife and the store.
The case is now working its way through the courts. Kahla’s defense attorney asked to dismiss the case arguing prosecutors are unfairly targeting the market, alleging “prosecutorial vindictiveness.” She cited the city’s lawsuit against Adam Food Market and the public press conferences blaming the market for crime.
She also claimed the New Mexico Department of Justice taking over the case to avoid conflict of interest with the Bernalillo County District Attorney’s Office and with the indictment increasing from two to eight counts is evidence of “prosecutorial vindictiveness.”
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“There has been a violation of Mr. Kahla’s due process and this will result essentially into intimidating a jury into believing that because Mr. Kahla was management at Adam Food Market, he must be guilty of the offenses charged, ” said Erlinda Johnson, Kahla’s defense attorney.
But, the prosecutor argued the state agency was separate from the city and the charges were not unfounded. “I work for the Attorney General’s Office, I don’t work for the city. We are two separate governing agencies and civil actions performed by the City of Albuquerque are not the criminal actions the state is pursuing in this matter,” said Jennifyr Vickery, Assistant Attorney General. “The case was re-presented to a grand jury and charges were added based on the evidence presented.”
Judge Joseph Montano ultimately sided with the state. They also discussed a second motion filed by the defense to keep Adam Food Market from being mentioned by name in the case of Kahla.
“Obviously, the location has to be set forth, but I think the state, I would respectfully request that the state indicate the address,” said Johnson.
“It’s no different than saying Target or Walmart or the name of the store where this happened as people reference names of locations based on the names of the store.,” said Vickery.
Judge Montano didn’t rule on the motion on Friday. He said he would revisit it when jury selection comes around, noting Adam Food Market would need to be mentioned to potential jurors to rule out if they have any prejudice against the business.
Last month, Mayor Tim Keller announced the city intended to file a second lawsuit against the market after the first attempt was dismissed.
