Man sentenced to 6 years for 2022 shooting death at Central and Wyoming

The man who fatally shot 42-year-old Elijah Pino in full view of pedestrians and motorists on Central Avenue last year pleaded guilty Thursday to voluntary manslaughter and was sentenced to six years in prison.

Henry Atkinson, 37, was initially charged with first-degree murder in the Sept. 30 shooting death that began with an argument between Pino and others near Central and Wyoming, according to a criminal complaint filed in Metropolitan Court.

Prosecutors offered Atkinson a plea agreement that allowed him to plead guilty to the lesser offense of voluntary manslaughter, a third-degree felony.

Prosecutor David Waymire said the killing was preceded by a lengthy and heated argument between the two men and others. Atkinson “retaliated by brandishing a firearm and shooting,” which Waymire called “way in excess” of a reasonable response to the argument.

Atkinson’s attorney, Max Pines, told 2nd Judicial District Judge David Murphy that the plea agreement reflects ”the element of provocation, which we do think was present.”

A female relative of Pino’s who observed the hearing by video chose not to speak. Atkinson, who appeared by video from the Metropolitan Detention Center, also declined to make a statement.

Security video from two nearby restaurants showed that Atkinson got off a city bus with several others who began arguing with Pino, a member of Zia Pueblo, at a bus stop near a McDonald’s in the 8600 block of Central, the criminal complaint said.

A woman “is seen taunting and being aggressive toward Elijah (Pino)” when Atkinson walked up, shot Pino several times and threw him to the ground, the complaint said.

The violent encounter began on the sidewalk and spilled into a westbound lane of Central, causing several motorists who witnessed the shooting to veer or stop their cars, the complaint said. After the shooting, Atkinson “casually” walked away and was later arrested at First and Central, it said.

One witness told police that Pino and Atkinson had argued before the shots were fired. The witness identified Atkinson from a photo array as the gunman.