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Angelo Hernandez is facing charges involving a drive-by shooting.

A day after state prosecutors dismissed charges in a teen homicide case, citing problems with evidence gathered by Santa Fe police, a key witness was arrested on suspicion of carrying out a drive-by shooting.

Angelo Hernandez, 18, was charged Wednesday with counts of assault with intent to commit a felony, shooting at or from a motor vehicle and tampering with evidence. Police say he fired a gun at a home off Riverside Loop, according to a criminal complaint filed in Santa Fe County Magistrate Court.

Hernandez told police he believed a resident there had robbed his home earlier that day, the complaint stated. He admitted to shooting at the residence seven times.

Hernandez was wounded in a July 2020 shooting that killed 17-year-old Ivan Perez at an apartment complex in southern Santa Fe. He was one of two teens who identified Mario Guizar-Anchondo, now 18, as the shooter. But state District Judge T. Glenn Ellington ruled their identifications of the suspect could not be presented at Guizar-Anchondo’s trial because police did not follow proper procedures to obtain the statements.

Prosecutors dropped a charge of first-degree murder and other counts against Guizar-Anchondo on Tuesday.

In a letter Tuesday to Santa Fe police Capt. Aaron Ortiz, Sgts. Lisa Champlin and Blake Byford and District Attorney Mary Carmack-Altwies wrote: “One of the first major problems that was litigated was the statutorily and constitutionally impermissible ‘photo line-up’ of the defendant. … There are certain procedures that must be followed for a prosecuting authority to use the identification of the target in Court. In this case, none of the procedures were followed and the Court suppressed the identification of the defendant.”

That was one of 26 evidence issues Carmack-Altwies listed in the letter. Among the “outstanding” pieces of evidence were DNA samples from Guizar-Anchondo, witness statements, crime scene logs and search warrants for various addresses.

Ortiz said the drive-by shooting and alleged burglary of Hernandez’s home were not related to charges being dropped against Guizar-Anchondo.

“There is no concern over Hernandez’s safety regarding the other case,” Ortiz added.

He said the Santa Fe Police Department’s investigation into Perez’s death remains active, and the department plans to revisit evidence, hold additional interviews with witnesses and eventually refile charges in the case.

“I can’t really speak on what evidence we’re looking at, but there are pieces of evidence that are in our possession that we are reevaluating and going to process thoroughly to try to build a stronger case,” Ortiz said.

Perez was one of three teens in Santa Fe who was slain in the summer of 2020. Police and prosecutors have said they believe he was part of a group known as the Southside Goons. Court records say witnesses told police a brief confrontation erupted between Perez and a member of an opposing “gang” before the shooting that killed him and injured Hernandez.

According to the criminal complaint on Wednesday’s drive-by shooting, officers obtained surveillance video showing a red pickup drove through the neighborhood before stopping in front a home. Several gunshots rang out and the vehicle drove away.

Investigators found several .45-caliber bullet casings on the street along with bullet holes in the side of the home and a vehicle parked in the driveway.

A resident told police he had received texts and calls from Hernandez earlier that day but was “not forthcoming with information” about what might have motivated Hernandez to shoot at the home, the complaint stated.

Officers found a red truck in front of an apartment complex on Paseo del Sol that matched the truck in the surveillance video. The truck, registered to Hernandez’s mother, had several spent casings in the driver’s seat, the complaint said.

When officers spoke with Hernandez’s mother, she said the family’s home had been burglarized and ransacked earlier that day, but she had not reported the incident to police.

In an interview with officers, Hernandez gave a similar account.

Police found an empty magazine, an empty box of .45-caliber ammunition, a disassembled 9 mm firearm and 9 mm ammunition in the home.

(19) comments

Lupe Molina

Maybe SFPD would have been aware of this guy if they checked the FOUR CELLPHONES THEY SEIZED IN THE RELATED CASE! SFPD incompetence needs to be rectified and it should start with the end of Padilla's tenure as chief.

Sabine Strohem

What the heck is wrong with our young men?

Angel Ortiz

Well let's see. Parenting is at an all time low. This next generation has no respect for life, little or no motivation for an education. Once again, all the basics that begin at home. This is one example of another failure.

Joe Brownrigg

I know many here will get on my case, but I do have to point out that NM is also at the bottom of the heap on these issues, too.

The feds and the corporations have declared NM a sacrifice zone. It will remain there until we see the writing in the sand and start doing major things differently. I like NM, but some major changes are going to have to be made. And this has NOTHING to do with culture crashing.

Angel Ortiz

Not even connected to current culture. Too many parents not doing their job at home. Before anyone gets to bent out of shape. My siblings and I were raised by a single Latina mother. Bad neighborhood. Tough and hard. All of us served this country and obtained oirs MBAs. Even served in law enforcement.

Janet Lucks

We can thank the NRA and how easy it is for guns to continually fall into the wrong hands due to massive gun sales in this country....shooting someone is now common conflict resolution! I have always supported responsible gun ownership which sadly went the window a long time ago...people leave guns in cars overnight frequently in this town that end up stolen....how does a gun protect you in your car? We've heard the news nationally about little kids picking up guns in the family home shooting and killing a parent sibling or themselves...was Mr Hernández gun legally acquired? Registered? Not likely...I am very sad when I hear in some SF neighborhoods guns shots ringing out are a regular occurrence at night...this should be unacceptable not just a sign of the times.....

Gerald Joyce

Never saw a gun load itself, aim itself and fire. Maybe you have. Maybe a "lack of respect" for anything; life,property, parents, police, teachers, authority, maybe a more likely cause. The increase in gun sales was more a result of the riots and authorities not willing to protect people and property than a gun crazed public. Your accusation that the NRA is responsible is disgenuine at best. There are more than 350M guns in America but only 5.5M NRA members. Last year as a result of the riots, over 9M guns were sold, primarily for self defense. An old professor of mine commonly stated that, " Only a fool will continue to argue rhetoric against mathematics."

Joe Brownrigg

Your "argument" does not hold water, Jerry. Guns DO make it FAR EASIER for harm or death to be inflicted.

How do you know gun sales was because of "riots" and lack of enforcement by police?

Re. "math," countries with more restrictions on gun ownership and use have far fewer gun homicides and suicides (the number one killing use of guns) than do we in the USA.

Re. your comment below, NYC (and other cities) have discontinued "broken windows policing" because it was unethical, racist, and didn't prevent crime.

Joe Brownrigg

Also, there were no "riots" last year, at least none caused by ANTIFA. Do you recall the young man who shot several "rioters" and then walked through the police lines while holding his rifle and not being even questioned by the police?

To put a stop to anticipate false accusations, I am NOT advocating taking away guns from everyone. That's a fake "argument."

Andrew Lucero

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Lupe Molina

Never seen a needle of heroin inject itself either, does that mean it should be legal and available at every Walmart? Cars are regulated and licensed, as are heavy machinery and explosives. Organizations like the NRA who sensationally oppose any gun regulation are part of the problem.

Janet Lucks

Agree pretty soon 7-11 will be selling guns and ammo! Youth of America being raised in this Gun Culture more often have no proper gun handling education, skills or understanding that life or lives will be taken...

Janet Lucks

Old guns are like old cars.....they often are not take n care of as the new shiny one is taken everywhere....please explain all the illegal, unregistered guns being used to kill Americans every day? I agree they don't shoot themselves...but their glorification of guns for"self defense" isn't quite working out that way...the Texas Police unions are gravely concerned about pretty much anybody open carrying.... How do you know who the bad guy is?

Katherine Martinez

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Angel Ortiz

In some ways I really agree with you. I also have wondered why people deem it necessary to own weapons with large capacity magazines? Can someone make a real logical argument for owning a M-4 to hunt deer? Some will say they own one for home defense. Really? Ever see a 5.56 round in action? It will pass through your walls and into your neighbor's house. Then again people will scream about their 2nd amendment rights. Lunatics!

Joe Brownrigg

ALL "rights" are actually limited. NONE are absolute, including the 2nd. (The interpretation of this Amendment reached its current position only recently. For MOST of our history this "right" was judicially limited to organized militia only, NOT for individuals. But...ALL "rights" are limited, NOT absolute.

Angel Ortiz

Valid point but common sense and respect should be a given. I have never seen a deer or an elk in kevlar. No reason to own and publicly carry a semi automatic rifle.

Gerald Joyce

Getting better and better. What's next, shootout at the "Nina Otero" corral? Anyone hear of broken windows policing? What we're doing now isn't working.

Lupe Molina

Broken windows "policing" isn't a thing. Broken windows theory would be mostly enacted by a public works department. But it doesn't work, so nobody uses it.

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