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Victim declines seeking assault charges in vehicle shooting


Copyright © 2021 Roswell Daily Record

An aggravated assault with a firearm incident is pending inactive after a man who was allegedly shot at while driving his pickup truck early Saturday morning declined prosecution.

According to an incident report by the Roswell Police Department, officer Humberto Loya met with a 20-year-old man who was carrying a large bag in the 600 block of Cherry Street.

“(The man) stated he had just been involved in an accident on East Second near the railroad tracks,” Loya wrote. “(He) advised that he was driving east on Second in the outside lane when an SUV pulled up next to him.”

The man told police occupants in the vehicle were making faces at him, so he responded by sticking out his tongue at them.

“(The 20-year-old) advised that the subject then pointed a gun at him and began shooting,” Loya wrote. “(He) said he was scared, so this caused him to swerve to the left, crossing all lanes of traffic, including oncoming traffic and wrecking into the west wall of 401 E. Second St. (at Slanky’s Body Shop.)”

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The 20-year-old told police he was unable to identify any suspects and was only able to recall that the vehicle involved appeared to be an SUV.

Another occupant with the victim, a 47-year-old woman, was picked up by her children, police were told.

After transporting the victim to the wreck at the body shop, police located a hole on the driver’s side just above the rear tire that was consistent with a bullet hole.

“The west wall of 401 E. Second was damaged, as well as a light pole that had been struck,” Loya wrote. “Dispatch attempted to contact the owner of the business several times and was unable to. Photographs were taken of the damages.”

Police also observed a cellphone in the dirt next to the wrecked pickup truck.

(The 20-year-old) did state he was looking for his cellphone and thought maybe (his passenger) had taken it,” Loya wrote. “There was also a spent 9mm casing located on the ground next to the door of the pickup that looks like it may have (fallen) out of (the man’s) pickup truck.”

Police said both items were seized and booked into evidence at the RPD.

The report ended stating the victim had declined prosecution of the aggravated assault charge.

Multimedia-Crime reporter Trevier Gonzalez can be reached at 575-622-7710, ext. 301, or at breakingnews@rdrnews.com.


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