Jury convicts man of voluntary manslaughter in 2022 shooting death

A jury on Wednesday convicted a man of voluntary manslaughter in the 2022 shooting death of Dustin Banteah during an argument at a Northeast Albuquerque apartment complex.

But jurors acquitted Christopher Wade, 33, of second-degree murder in Banteah’s killing.

The six-day trial marked the second time Wade stood trial in the same case.

A jury in September acquitted Wade of first-degree murder but deadlocked on a lesser charge of second-degree murder in Banteah’s killing. Jurors in the earlier trial also found Wade guilty of four felonies, including two counts of tampering with evidence, conspiracy to tamper with evidence and attempted bribery of a witness.

Second Judicial District Judge Lucy Solimon, who presided in both trials, has not scheduled a sentencing hearing for Wade.

Wade’s attorney, Kelly Golightley, said Wade faces up to 11 years in prison for his conviction of voluntary manslaughter with a firearm. He faces additional time for his earlier convictions, she said.

Golightley said Wednesday that she told jurors in closing arguments that Wade fired in self-defense and that the shooting was provoked by Banteah’s actions.

Albuquerque police responding to a 911 call on June 9, 2022, found Banteah, 43, fatally shot at the Sun Plaza Apartments, near Montgomery and Jefferson NE.

Police found Banteah lying in the grass with a gunshot wound to his chest. The fatal gunshot is audible in the 911 recording.

At Wade’s first trial, a witness testified that he saw Wade raise a sawed-off shotgun and shoot the unarmed Banteau as the two men argued in 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.

Banteah held up his hands and taunted Wade to shoot before Wade raised the gun and fired at close range, the witness testified.

Testifying in his own defense in September, Wade acknowledged shooting Banteah, but told jurors that Banteah was angry and lunged at Wade moments before the shooting.

Wade also told jurors that after the shooting, he drove east on Interstate 40 until he ran out of gas.

Wade did not testify in his second trial, Golightley said.

New Mexico State Police found Wade’s car abandoned near Santa Rosa. Albuquerque police arrested Wade about four days after the killing.