Jurors acquit Albuquerque man of first-degree murder in 2022 shotgun killing

A jury found Christopher Wade not guilty Wednesday of first-degree murder in the shotgun shooting death of a man outside a Northeast Albuquerque apartment complex in 2022.

Jurors apparently agreed with Wade’s argument that he shot 43-year-old Dustin Banteah in self-defense after the larger man attacked Wade repeatedly during a night of heavy drinking and fighting by both men.

But jurors deadlocked on a lesser charge of second-degree murder in Banteah’s killing on June 9, 2022, raising the possibility that Wade, 32, could be retried for that crime.

Jurors also failed to reach a verdict on a charge of aggravated assault against Wade for allegedly pointing the shotgun at a neighbor shortly before the fatal shooting.

Nancy Laflin, a spokeswoman for the 2nd Judicial District Attorney’s Office, said no decision had been made Wednesday about whether to retry Wade for second-degree murder or aggravated assault.

Testifying in his own defense this week, Wade acknowledged responsibility for the shooting but argued that Banteah was depressed and angry and lunged at Wade moments before the shooting.

After jurors reached the verdicts, Wade’s attorney, Kelly Golightley, said that Banteah’s active role in the dispute may have convinced jurors to acquit Wade of first-degree murder.

The evidence demonstrated “that Dustin (Banteah) was actively participating in this fight, if not an actual aggressor,” Golightley said.

However, jurors found Wade guilty of four felonies, including two counts of tampering with evidence, conspiracy to tamper with evidence, and attempted bribery of a witness.

State District Judge Lucy Solimon had not scheduled a sentencing hearing for those convictions Wednesday.

Wade’s account contradicted that of a witness who told jurors that he saw Wade raise the sawed-off shotgun and shoot the unarmed Banteah as the two men stood on a grassy area of the apartment complex.

The witness also testified that he had tried to prevent bloodshed by speaking with Wade minutes before the shooting and urging him to walk away from the conflict.

The witness, Izaac Reyes-Ruiz, told jurors last week that he had a brief opportunity to speak with Wade after the homemade shotgun Wade was holding fell apart.

“I was trying to talk him out of whatever he was going through,” Reyes-Ruiz testified last week. “I was trying to tell him, ‘Hey man, God don’t want this for you. I thought he was going to come to some realization of what he was doing.”

But Wade reassembled the shotgun and continued his argument with Banteah. “It was as if I was talking to a wall,” Reyes-Ruiz told jurors.

Banteah held up his hands up and taunted Wade to shoot when Wade raised the gun and fired at close range, filling the air with a “pink mist,” Reyez-Ruiz told jurors.

Prosecutors allege that Wade wrote a letter addressed to his girlfriend in which he promised to pay Reyes-Ruiz $5,000 to alter his testimony about the shooting. Wade was arrested before he was able to deliver the letter, which provided the basis for the charge of attempted bribery of a witness.

Albuquerque police responded about 11:30 p.m. on that June night to Sun Plaza Apartments near Montgomery and Jefferson NE in response to a 911 call from Reyes-Ruiz’s girlfriend, who reported that a neighbor had pointed a shotgun at her and was threatening to kill others.

The fatal gunshot is audible in the 911 recording, which prosecutors played repeatedly for jurors.

Police found Banteah lying in the grass with a gunshot wound to his chest.

Wade told jurors he drove east on Interstate 40 until he ran out of gas. New Mexico State Police found Wade’s car abandoned near Santa Rosa. Albuquerque police arrested Ward about four days after the killing.