A New Mexican resident has been arrested after police accused him of letting his eight-year-old little cousin shoot herself in both legs using an unsecured handgun.
Isaiah Richard Chavez, 26, has been charged with one count each of child abuse and negligence for making a firearm accessible to a minor without great bodily harm, according to court records.
Albuquerque police responded to a 911 call at 6500 block of Basket Weaver Ave. NW around 6am after receiving reports that a child accidentally shot herself. The child found Chavez’s handgun unattended on the kitchen counter.
In an interview with investigators, Chavez told police: ‘I usually never stay here. I usually leave it in my truck if I do stay here.’
Chavez told investigators he was visiting his family member’s house and emptied his pockets on the counter. Included in his belongings was a handgun he left behind before going to sleep.
‘I just heard a loud pop and I was like, excuse my language, but I was like, ‘what the f*** was that? And so, right away I ran to my mom’s room and I was like, ‘Mom, I think the baby just f***ing shot herself,’ said Chavez.
A relative in the home who was a registered nurse transported the child to the University of New Mexico Hospital. Doctors determined the little girl’s injuries were non-life threatening.
Isaiah Richard Chavez, 26, has been arrested after police accused him of letting his eight-year-old little cousin shoot herself in both legs using an unsecured handgun
Albuquerque police responded to a 911 call at 6500 block of Basket Weaver Ave. NW around 6am after receiving reports that a child accidentally shot herself
The child found Chavez’s handgun unattended on the kitchen counter. A relative in the home who was a registered nurse transported the child to the University of New Mexico Hospital
‘It was a freak accident. I mean, it was just. It was like. It was just all, like a big storm of everything that happened to it. It wasn’t like, you know, it wasn’t his fault,’ a family member told KOAT News.
Chavez’s family told the outlet they believe the shooting was an accident and that he should have not been charged.
According to court records, the charges against Chavez fall under Bennie’s Law.
Bennie’s Law, also known as the Bennie Hargrove Gun Safety Act, was created after a 13-year-old child was shot by his classmate at Washington Middle School in 2021.
Witnesses stated that Bennie was attempting to stop a bullying incident before he was shot several times. The law was later created in light of the tragedy to hold parents or guardians accountable if a child acquired an unsecured firearm from them.
According to Santa Fe New Mexican, data reports have found that police used the law in 35 cases since it was enacted in 2023.
Robert Encinio, a New Mexico resident, was charged with Bennie’s Law in March of this year after his nine-year-old son allegedly brought a loaded gun to Mitchell Elementary School. The child possibly took the firearm from his father’s office.
Chavez, 26, has been charged with one count each of child abuse and negligence for making a firearm accessible to a minor without great bodily harm, according to court records. Chavez’s family told the outlet they believe the shooting was an accident and that he should have not been charge
Chavez told investigators he was visiting his family member’s house and emptied his pockets on the counter. Included in his belongings was a handgun he left behind before going to sleep
Chavez was charged under Bennie’s law, also known as the Bennie Hargrove Gun Safety Act. Hargrove (pictured) was a 13-year-old child shot and killed by his classmate at Washington Middle School in 2021
Bernalillo County Sheriff’s Office court records state that Chavez was booked into Metropolitan Detention Center and pleaded not guilty. His next hearing has been scheduled for July 2027.
The Daily Mail has contacted the Albuquerque Police Department for further details.
