The driver, Derric Montoya, 25, was arrested on suspicion of three counts of aggravated assault on a police officer, aggravated fleeing of law enforcement and receiving or transferring a stolen vehicle.
BCSO deputies were called to the Sonic on the 2700 block of Isleta at about 9:15 p.m. on a report that someone was harassing employees.
When two deputies approached Montoya in a car, he rammed into a BCSO patrol vehicle and then fled. A third deputy avoided being hit and shot at Montoya from the parking lot, according to the complaint.
“As the third deputy jumped backwards, out of the way of the oncoming vehicle he drew his weapon and fired several rounds at the driver of the vehicle to prevent him from running over any deputies, employees or patrons in the parking lot,” the complaint states.
Montoya was not hit and he drove west on Valverde and crashed, flipping the car on its side.
Montoya ran from the vehicle after the crash. A police helicopter tracked him and he was soon arrested by deputies. He injured his leg and was treated at a hospital before being booked into jail, according to a BCSO news release.
Montoya later told police he was high on heroin at the time, according to the complaint.
The BCSO didn’t release the name of the officer who fired shots on Wednesday afternoon. The office said the deputy’s name would be released after he is interviewed.
BCSO Sgt. Aaron Williamson said the sheriff’s office’s use-of-force policy doesn’t specifically address shooting at moving vehicle.
The Albuquerque Police Department recently created a policy that prohibits its officers from shooting at vehicles.