Judge releases man charged in graduation ceremony shooting
May 22—A judge on Wednesday ordered the pretrial release of a man who allegedly shot and critically injured his stepmother at a May 8 graduation ceremony at the Kiva Auditorium.
Cristian Bencomo, 21, was ordered to remain under house arrest at his grandmother's home and to wear a GPS ankle monitor while awaiting trial.
Prosecutors allege that Bencomo shot his stepmother, Veronica Bencomo, once in the neck during the crowded event at the Albuquerque Convention Center.
An estimated 200 people were present for the Southwest Secondary Learning Center graduation ceremony when Bencomo allegedly pulled a gun and shot the woman as she attempted to embrace him.
Veronica Bencomo, who is in her 30s, survived the gunshot but faces a long recovery, family members have said.
Bencomo is charged with aggravated battery against a household member and unlawfully carrying and negligently using a deadly weapon.
Attorneys said prosecutors are likely to press additional charges against Bencomo, including attempted murder.
Second Judicial District Judge Emeterio Rudolfo found that prosecutors had failed to show that no conditions of release could be fashioned that would ensure public safety if Bencomo were freed while he awaits trial.
The judge noted that Bencomo has no criminal history aside from the pending charges.
"We have the one incident, which was atrocious and put all those people in danger, and the court is clearly aware of the limits of the GPS system," Rudolfo told prosecutors.
Prosecutors said the severity of the allegations would allow the judge to keep Bencomo in custody regardless of his criminal history.
"The court is essentially putting him right back in the same situation he was in before he committed this act," prosecutor Collin Brennan told the judge. "GPS cannot prevent him from getting a firearm."
Bencomo's grandmother, Mary Bencomo, testified Wednesday that her grandson has lived with her since he was 3.
He has been diagnosed with attention deficit hyperactive disorder and is "on the autism spectrum," she said.
Asked if she had observed any changes in his mental health, she said, "Cristian was very quiet. It has been his personality since he was little."
Mary Bencomo also said she doesn't allow guns in her home. "I didn't know he had that gun that day," she said.
Under questioning by Rudolfo, Mary Bencomo said she would immediately report to authorities any violations by her grandson of conditions placed on him by the court.
Those conditions include not possessing firearms and remaining in his grandmother's home except for medical and court appearances.
Bencomo has remained at the Metropolitan Detention Center since his arrest at the scene of the shooting.
Wednesday marked Bencomo's second pretrial detention hearing.
After the first hearing on May 14, Rudolfo ordered Bencomo's release under the court's community custody program, but prosecutors said they had additional evidence and asked Rudolfo to schedule a second hearing.
In an order issued earlier this week, Rudolfo said that prosecutors had clearly shown that Bencomo "is a danger to the victim and the public" but had not demonstrated "that there are no conditions of release that will reasonably protect the safety of any person or the community."
Prosecutors "provided no testimony or further evidence, outside of argument, that indicated that (Bencomo) could not or would not follow the court's conditions," Rudolfo wrote.
On Wednesday, prosecutors showed a video that showed a portion of the May 8 shooting in a crowded auditorium.
Bencomo's attorney, Tess Williams, said the video was available prior to the May 14 hearing and prosecutors presented no additional evidence or testimony on Wednesday. All that has changed is that the state plans to prosecute Bencomo for attempted murder, she said.
"The allegations have not changed," Williams said. "The state is pushing this as a much more serious charge. That doesn't mean that anything new has happened between this hearing and the last."
