Former Uber driver testifies in passenger's fatal shooting 

A former Uber driver on Thursday described a harrowing series of events that led to his decision to fatally shoot one of his passengers beside a busy Albuquerque freeway in 2019.

Clayton Benedict, 39, testified that only minutes elapsed from the time he picked up two intoxicated men at an Albuquerque night club and the moment he fired the fatal gunshots.

Benedict is charged with voluntary manslaughter in the killing of 27-year-old James Porter on St. Patrick's Day, March 17, 2019. The case was delayed for years by lengthy appeals.

Closing statements are expected Friday in the 2nd Judicial District Court trial before Judge Jennifer Wernersbach.

Benedict contends he fired six rounds in self-defense after Porter threatened to run him over with Benedict's own car. Prosecutors allege Benedict fired multiple gunshots at the unarmed man.

Benedict, an Albuquerque native, told jurors he picked up two men at the Salt Yards at 6001 Osuna NE. Tensions mounted after Porter's companion, Jonathan Reyes, vomited in the back seat of Benedict's Ford Focus.

Porter insisted he could clean up the vomit after Benedict explained that Uber allows drivers to charge riders a clean-up fee, he told jurors.

"It was escalating to a point to where I was starting to fear he might grab me or try and get into my compartment," he said under questioning by his attorney, Raymond Maestas.

Benedict said he became fearful for his safety and pulled onto the shoulder of southbound Interstate 25 to drop the two men off. Uber policy allows a driver who feels unsafe to end a ride at any time, he said.

Porter became angry after Benedict chastised him for slamming the car door as he and Reyes exited the car.

"Mr. Porter starts ripping off articles of clothing — his hat, his sunglasses, his necklaces," Benedict told jurors. "At this time, he's charging right at me. He's coming around the vehicle."

Benedict said he was standing beside the driver's side door with his back pinned against the door when he pulled his handgun from a holster to protect himself.

"I've got nowhere to go," he said. "I have the driver's door directly behind me. I have the vehicle compartment to my left, and I have traffic to my right, and I have Mr. Porter directly in front of me. His fists were balled up."

Benedict said he brandished his handgun and told Porter to stop. Porter backed up, then walked into a lane of traffic on I-25, he testified.

"He walked out into a lane of traffic and put his hands up above his head and started waving," Benedict testified. Several vehicles swerved to avoid striking Porter, he said.

"I was dumbfounded," he said. "It was like watching a train wreck happen. I couldn't look away."

Witnesses testified this week that Porter had a 0.23 blood-alcohol content at the time of his death, or nearly three times New Mexico’s presumed intoxication level.

Benedict said he moved away as Porter returned to the car. Porter yelled, “I'll just run you over with a car if you're going to shoot me," Benedict said.

Benedict opened fire when Porter began to get into the driver's seat, he said. Porter died at the scene.

"Once he put his body into the car, I fired," he said. "He turned towards me. I still have my gun raised. He let out a scream and then he collapsed."