Albuquerque man allegedly fired gun on Central weeks after 'red flag' ruling against him

On Nov. 17, a judge ordered an Albuquerque man to hand over his guns after his psychiatrist alleged he armed himself and “disclosed a plan to confront police in an attempt to force police to shoot and kill him.”

On Thursday, the 24-year-old was arrested when police say he was found walking on East Central — wearing body armor and firing a gun indiscriminately.

Franchesca Perdue, an Albuquerque police spokeswoman, said William Ortiz had “refused” to meet with detectives to surrender his guns after the petition — filed under what’s known as the red flag law — was approved.

She said police “don’t know for certain” if the gun Ortiz had on him when he was arrested was one of two he was ordered to surrender.

Ortiz was booked into the Metropolitan Detention Center on Thursday, charged with negligent use of a deadly weapon and battery upon a peace officer. It is unclear if he has an attorney.

Prosecutors filed a motion to keep Ortiz behind bars until trial, calling him “a very disturbed individual” and “a clear danger to the community.”

“The area he was discharging the firearm is a very busy one ... his actions cannot be tolerated; he should be held for trial,” according to the motion.

Ortiz is one of more than two dozen people who have had a petition for an Extreme Risk Firearm Protection Order filed against them in conjunction with the Albuquerque Police Department.

Of those, according to online court records, Ortiz is the first to be arrested in a crime involving a gun after a petition was approved.

Recently, Attorney General Raúl Torrez said New Mexico’s red flag law needed strengthening and suggested changes, including allowing authorities to search a person’s home for weapons. In most cases, it is up to the person to surrender weapons and be honest about what guns they can access.

Ortiz’s psychiatrist filed a petition against him on Nov. 17.

The psychiatrist said Ortiz had a rifle and handgun in his home, according to the petition, and had recently fired a gun out of a car window “in the context of active suicidal ideation and possible intent to be shot by police.”

The psychiatrist wrote that Ortiz was a “self-described gun enthusiast” who had multiple behavioral health disorders and “meets the criteria for moderate-to-severe cannabis use disorder.”

A detective with APD’s Crisis Intervention Unit detailed previous incidents in the petition, dating back to 2019 when Ortiz was taken to a facility for a mental health evaluation after attempting suicide. In September 2020, according to the petition, an intoxicated Ortiz tried to stab his mother and stepfather with a sword.

More recently, on Nov. 11, Ortiz told his father he was suicidal and threatened suicide by cop, according to the petition. After speaking with officers on the phone, Ortiz secured his guns and was checked into Kaseman Hospital for a mental health evaluation.

Less than a week later, 2nd Judicial District Court Judge Jane Levy approved the petition to remove Ortiz’s firearms temporarily. Court records show nothing was filed indicating firearms were removed from Ortiz’s home at that time. In other approved petitions, documents cataloging the removal of firearms were filed within a few weeks.

Perdue, the Albuquerque police spokeswoman, said Ortiz refused to meet with the detectives to surrender his weapons after the order was granted.

She said detectives told Ortiz by phone “that the order was in place.” Perdue said that, on the day of Ortiz’s arrest, he didn’t show up for a hearing on the red flag order.

On Nov. 30, multiple people called 911 to report a man “walking around, shooting a firearm” near Juan Tabo and Central, according to a criminal complaint filed in Metropolitan Court. Responding officers found Ortiz on the sidewalk along Central, and he threw a gun onto the ground.

Police said, at one point, Ortiz lowered his hand toward his waistband and a “show of force” was used to detain him. Ortiz then spit on one of the officers who arrested him.

Ortiz was wearing a bulletproof vest and had a handgun, multiple magazines, a large knife and pepper spray on him, according to the complaint. Ortiz vomited in a police vehicle and was taken to a hospital to be evaluated before being booked into jail.

A day after his arrest, Levy approved a one-year extension on the petition, ordering Ortiz to surrender his guns and prohibiting him from buying or possessing a firearm.