A Farmington man has been charged after police alleged he threatened to shoot another man during an incident that prompted officers to respond to McCormick School Road, according to a criminal complaint and statement of probable cause.

Pablo Montes, 18, of Farmington, is charged with making a shooting threat, unlawful carrying of a handgun by a person under 19 and resisting, evading or obstructing an officer. All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.

According to the probable cause statement, Farmington police responded shortly before 2 p.m. Aug. 4 after Officer Tucker requested backup while investigating two vehicles, one of which allegedly involved a person accused of possessing a firearm and threatening to shoot another man.

According to the affidavit, the alleged victim identified Montes as the person who threatened to shoot him.

According to the probable cause statement, officers reported that during an attempted pat-down, the responding officer lifted Montes’ shirt after observing what appeared to be a bulge in the front of his waistband and found what appeared to be a handgun. Officers later reported removing the magazine and discovering a round in the chamber.

Police alleged the firearm lacked a serial number and described it as what they believed to be a privately manufactured firearm, commonly referred to as a “ghost gun.”

According to court records, Montes told officers the firearm was not his and alleged that Herrera had given him the handgun. Officers reported Montes also stated Herrera should receive the ammunition because he alleged Herrera had provided the bullets.

Another witness told officers she previously asked Montes to obtain a firearm for her. According to the affidavit, she said she did so because she did not feel safe after her boyfriend was killed about a year earlier. She later told investigators she did not know where Montes had obtained the firearm.

Herrera denied threatening either his stepdaughter or her boyfriend and denied providing Montes with a firearm, according to the affidavit. Investigators also reported Herrera alleged Montes had threatened him and said he was going to shoot him in the head.

According to the probable cause statement, officers later determined Montes was 18 years old and alleged he was prohibited from carrying a loaded concealed handgun under New Mexico law.

Officers alleged Montes refused repeated commands to allow officers to pat him down for weapons and pulled away while they attempted to detain him.

According to the affidavit, investigators also reviewed Real Time Crime Center video that they said showed Montes pulling away from officers as they attempted to detain him before additional officers completed the pat-down.

Court records reviewed by San Juan Pulse did not indicate whether Montes had retained legal counsel.

CHARGES FILED

• Making a shooting threat (fourth-degree felony)
• Unlawful carrying of a handgun by a person under 19 (misdemeanor)
• Resisting, evading or obstructing an officer (misdemeanor)

CASE STATUS

Court records indicate Montes was released on his own recognizance under conditions that include no possession of firearms or dangerous weapons, no contact with the alleged victim or anyone who may testify in the case, and compliance with other court-ordered conditions. He is scheduled to appear in San Juan County Magistrate Court on Aug. 12.

SOURCE

According to a criminal complaint, statement of probable cause and conditions of release filed in San Juan County Magistrate Court.

LEGAL DISCLAIMER

All charges are allegations based on court records, and the defendant is presumed innocent unless proven guilty in a court of law.