ALBUQUERQUE, N.M. (KRQE) – Attorneys for an accused shoplifter who was shot by an off-duty officer at Cabelas is asking a judge to release him from jail. His request is despite a pretrial detention order.

Police claimed Gabriel Velasquez, back in May, tried to walk out of the store with boxes of ammo. Employees confronted him.

After he walks out, an off-duty officer follows after he was told Vasquez had a gun and threatened people. He then shot and injured him.

Vasquez has remained locked up pending trial. Friday, his attorney argued for his release to house arrest saying he was badly injured and isn’t getting the care he needs in jail. She claimed his injuries included hearing and breathing problems and blindness in his right eye. She said it’s hard for him to use half of his body, and his left eye is losing focus.

The attorney also argued Vasquez never threatened anyone with his gun prior to the shooting.

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The judge ran out of time, so prosecutors will get to counter next week when the hearing continues.