Attorney general files appeal against release of graduation shooting suspect

ALBUQUERQUE, N.M. — The New Mexico Department of Justice announced Tuesday it will appeal the pretrial release of a man accused of a graduation shooting.

Police said Cristian Bencomo, 21, shot his stepmother, Victoria, in the neck at the Albuquerque Convention Center during a charter school graduation ceremony.

Judge Emeterio Rudolfo ordered his release two weeks ago, calling it a random act of violence and saying prosecutors had not done enough to prove that no release conditions could protect the public from Bencomo, who , according to him, had no criminal history.

Prosecutors asked the judge to reconsider that decision Wednesday. They cited the video of the shooting, as well as a letter from the victims and the charges, as reasons to keep Bencomo in jail. They also asked the judge to consider how crowded the auditorium appeared to be in the video.

The defense said he had lived with his grandmother since he was three and would be there once he was released. The grandmother also added that she would not have any guns, drugs or alcohol nearby.

The judge reaffirmed his decision, releasing Bencomo on a GPS monitor and under house arrest. He also ordered him to stay away from the victim, her home and her place of work.

Now the NMDOJ is appealing this decision.

“The release of Cristian Bencomo is just the latest example of a revolving door that puts our entire community at risk,” Attorney General Raúl Torrez said in a statement released Tuesday. “If judges don't arrest someone who was filmed filming a woman at a convention center graduation ceremony, then who are they going to arrest? The community is fed up. And it’s high time for lawmakers to act and tackle this problem.”

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