If you’re on Central in the area with the highest concentration of bars and restaurants, you’re most likely within 1,000 feet of a school.
It’s this factoid that officials are planning to leverage in order to federally prosecute gun crimes Downtown.
Under state law, firing a gun if it doesn’t hit anyone is a misdemeanor negligent use of a weapon and officers are often only able to make an arrest if they saw it happen, said Albuquerque Police Chief Harold Medina at a news conference in a live music venue Downtown Wednesday afternoon.
By contrast, under federal laws a defendant could face up to five years in prison and a fine of $5,000.
“We are using existing federal law to target gun crimes in Downtown Albuquerque,” Medina said. “Our top priority is to stop people who drive or walk through the heart of Downtown and fire guns indiscriminately.”
The city will be posting signs throughout the Downtown corridor to let people know they are in a school zone and could face federal charges. Medina said one of the burdens of proof needed to prosecute the case is that the defendant knew they were in a school zone.
APD already has cameras, license plate readers and extra manpower in the area. Medina said officers will receive extra training and coordinate with members of the department who are on federal task forces since they will be handling the cases.
There are six schools — the Albuquerque Sign Language Academy, Lew Wallace Elementary School, St. Mary’s Catholic School, Siembra Leadership High School, Amy Biehl Charter School and Christina Kent Early Childhood Center — in the area.
“This should be a massive signal for folks who think they can go from the bar back to their car and then get out of their gun for gunplay over some argument they had in a bar,” said Mayor Tim Keller.
The initiative — which officials are calling a pilot project and say they will expand if it works — was launched days after police say a woman firing a gun at her “baby daddy” hit and injured a taco truck vendor on Central and Third.
Ambrosia Mirabal is charged with aggravated battery with a deadly weapon, shooting at or from a motor vehicle and negligent use of a deadly weapon.
Alex Uballez, the U.S. Attorney for the District of New Mexico, said the law will apply to people who are in a vehicle — like police say Mirabal was — but his office is conducting an analysis to determine if it would apply to private property like a business.
