Fired firefighter's identity comingled with accused killer's, led to firing, lawsuit contends

Imagine if your identity was comingled with someone wanted by law enforcement on two counts of murder.

For Daniel Rubio, this is a reality that led to him being fired this year as a Bernalillo County firefighter, he contends in a lawsuit.

Rubio alleges that nearly two decades ago, a man named Eric Armando Ferrer identified himself as Rubio to law enforcement. Ferrer, 36, later was charged with two counts of first-degree murder and other charges in the 2016 shooting deaths of two people in Albuquerque.

Rubio contends that he was fired without explanation in April by Bernalillo County Fire Rescue.

“What we allege is that they just didn’t want to deal with the potential of having someone with a criminal record,” Ramon Soto, one of Rubio’s attorneys, said in a phone interview.

The lawsuit, which names the Bernalillo County Commission and three county officials as defendants, alleges that Rubio was fired because his identity was comingled with that of a wanted fugitive.

The 2nd Judicial District Court lawsuit seeks Rubio’s reinstatement as a firefighter and damages determined by a jury.

The suit also raises the issue of whether a felony conviction should bar someone for life from public employment — because Rubio has his own felony record dating to 2006 and 2007, when he was 19 or 20.

“An individual with a felony is not permitted to work as a Bernalillo County firefighter,” county spokeswoman Tia Bland said in a written statement. Bland said she could not offer additional comment about a pending lawsuit.

Rubio’s attorneys contend that New Mexico law bars public employers from relying on a criminal conviction to deny someone employment.

The state’s Criminal Offender Employment Act prohibits use of criminal records “for a crime that is not job-related for the position in question.”

Rubio’s attorney contends that Bernalillo County violated the act for firing Rubio based on his own criminal record, said Rubio’s other attorney, Yarrow Allaire.

County officials “illegally used criminal records to determine (Rubio’s) job eligibility and as a disqualifier to public employment,” the suit alleges.

The suit also alleges that the county failed to distinguish between Rubio and his alias, Ferrer, she said.

“They just see a criminal record, and they fire him,” Allaire said.

Eric Ferrer

Eric Armando Ferrer, 36, is charged with two counts of first-degree murder and other charges in the Aug. 15, 2016, shootings of Adrian Anaya, 28, and Anglica Herrera, 27. The two were found fatally shot in a car near Coors and Gun Club SW.

Ferrer remains unprosecuted for either killing. A judge issued a warrant for Ferrer’s arrest in 2017 and he remains at large, according to the U.S. Marshals Service.

The name Daniel Rubio is listed as an alias for Ferrer throughout his criminal record. Court records also list the name Eric Ferrer as an alias for Rubio.

“An individual named Eric Ferrer, who over 20 years ago used (Rubio’s) information when he was arrested, has several charges, including a homicide, that are all in warrant status,” the lawsuit said.

“Because Eric Ferrer used (Rubio’s) information one time when he was arrested, (Rubio’s) name is now an alias of Eric Ferrer in the New Mexico court system,” the suit said.

Firefighter training

Rubio entered the Bernalillo County Fire Academy in August 2023. Before starting, Rubio underwent a background check that alerted Bernalillo County of his criminal history and his link with Ferrer, the suit alleges.

As part of his training, Rubio was schooled as an emergency medical technician at Central New Mexico Community College, the suit said.

CNM performed a background check through the New Mexico Department of Health, which flagged Rubio for having a criminal record.

Rubio kept his superiors fully informed of his efforts to clear the background check process with the Department of Health, the suit said.

Rubio’s “superiors were extremely supportive of his efforts and wrote him letters of recommendation to support his efforts to clear the background check,” it said.

Rubio completed his EMT training and was sworn in as a Bernalillo County firefighter on Feb. 22.

He was fired by the agency two months later, on April 22, without an explanation for his dismissal, it said.

Rubio “had no discipline issues or reprimands, and was still very well-liked and respected by both his superiors and peers.”