A man accused of fatally shooting a University of New Mexico baseball player outside a Nob Hill nightclub will await his murder trial behind bars, an Albuquerque judge ruled Wednesday.
Darian Bashir, 23, has never been convicted of a crime, he has no history of failure to appear, and a public safety assessment that takes those and other factors into consideration recommended he be released from custody.
However, state District Judge Brett Loveless pointed out that Bashir had been released in a pending February case and was under court supervision at the time of Jackson Weller’s death.
“The defendant was already on conditions of release, where he was being supervised by Pretrial Services at a Level 3, which is only one level lower than the greatest level, and in spite of that … he is alleged to have committed a murder,” he said.
According to police, Weller’s friends reported he had been in a fight with several people, not including Bashir, before the shooting. Two witnesses said they saw Bashir shoot Weller and then leave as he collapsed.
Weller, 23, was found lying in the street outside Imbibe. He was shot once in the chest and pronounced dead at a hospital.
Bashir was arrested on an open count of murder several days later.
Prosecutor John Duran said that under the circumstances, it would be “wholly inappropriate and just plain dangerous” to free him.
“We believe, based upon video that was taken from the area, that this was done in cold blood,” Duran said. “We believe it was done without provocation.”
During the hearing, Bashir’s attorney, Joseph Sullivan, suggested that identification would be an issue in the case. Afterward, he said that the defense investigation is ongoing.
“Darian comes from a loving family, and they will stand with him through every step of this investigation,” he said.
Many of Bashir’s relatives attended the hearing Wednesday.