ALBUQUERQUE, N.M. — One man is behind bars after he tried to rob an alleged drug dealer in Northeast Albuquerque Tuesday, which lead to a shooting, police say.
Timothy Kelly, 23, is charged with attempt to commit a second degree felony, conspiracy, aggravated battery, tampering with evidence, and unlawful carrying of a deadly weapon.
According to a criminal complaint filed in metropolitan court Tuesday, Kelly and two other unidentified males cut the power to the home of Phillip Padilla as part of a plan to rob him of a large amount of cash which he posted a photo of online.
On Nov. 4, officers were dispatched to the 10000 block of Hendrix NE, near Eubank and Montgomery, on reports of shots fired, according to the complaint. While they were setting up a perimeter around the home neighbors said the shots came from, officers said the parents of Padilla’s fiancé drove up and told them they were on the phone with their daughter, who had taken Padilla to Kaseman Hospital after he was shot.
Padilla, 20, was transported by ambulance to UNM Hospital where he was treated for a gunshot wound to the left side of his chest and a broken bone in his arm. According to court documents, he told officers he had about $12,000 worth of marijuana in his home, which he said he planned to sell, and five or six firearms.
An arrest warrant was filed for Padilla after officers searched his home and found 21 pounds of a packaged “green leafy substance” believed to be marijuana, 21 oxycodone pills, 162 THC vape cartidges, and close to $7,500 in cash, as well as a money counter and “drug paraphernalia, such as bongs,” according to the warrant.
The court documents did not say if Padilla had been released from the hospital.
Kelly, who told police he fled from the home after shooting Padilla, was found after someone living on a nearby street called 911 to report a male hiding near their porch and claiming they were injured.
Kelly was arrested and taken to Kaseman Hospital by officers after complaining of a previous knee injury.
After he was released from the hospital and taken to a substation, Kelly told detectives he had seen a picture of Padilla and a large amount of cash on Instagram. According to the complaint, Kelly asked an unidentified friend, who according to the complaint, had bought drugs from Padilla, for Padilla’s address. Kelly said he and two other males then planned to rob Padilla.
“The plan was to get (Padilla) to step outside at which point, by gunpoint, they would force (Padilla) back into the home and get his cash,” a detective wrote in the complaint.
Kelly told investigators he turned off the power to the home by accessing the breaker box in the backyard, and about one minute later Padilla came outside to see what was going on. Kelly said when Padilla saw him, Padilla fired two rounds toward Kelly, who said he fired two rounds back at Padilla and then ran away.
According to the complaint, Kelly “refused” to identify the other two males with him because he was not a “snitch.”
Kelly was arrested and booked into the Metropolitan Detention Center.