DA looks to refile old shooting charge against murder suspect

Local News

ALBUQUERQUE, N.M. (KRQE) – Before he was charged with murdering a UNM baseball player outside a bar in Nob Hill, Darian Bashir was arrested for shooting a man outside a downtown bar.

KRQE News 13 is now taking a deeper look at that case against Bashir — a case that could have put him in prison before Jackson Weller was killed.

“I just heard the pop and he just keeled over,” said a witness to officers back in September 2017. When officers responded to the scene along Central, it was chaos.

“Just hang in man, it’s alright, it’s coming,” said an officer to the victim. A young man had been shot, and witnesses quickly identified the shooter as Darian Bashir.

Bashir was also charged with murdering UNM baseball player Jackson Weller along Central last month. This other shooting was two years earlier.

The man had been shot in his upper abdomen just below his heart. Police say he and his friends had been out drinking at some bars. While walking back to their car, the man was talking to two women.

They say Bashir then walked up to them telling the women, “they needed to go.” When the women continued walking with the victim, that’s when they say Bashir shot him.

The man who was shot survived, and although Bashir was indicted, six weeks before trial, the case was dismissed. Judge Cindy Leos said in a motion it was due to the state failing to comply with deadlines, not interviewing witnesses on time, and not responding to motions.

Although the victim pointed out Bashir in a photo lineup, and police interviewed multiple witnesses, the District Attorney’s Office said the case was dropped because witnesses were not cooperating with the case.

A spokesperson for the District Attorney’s office said there were a number of “procedural missteps in the prosecution.” Had Bashir been convicted for the shooting, he could have faced up to three years in prison. The DA’s office said it’s now working on refiling the charges in this case.

Bashir was also charged for a shooting in February when officers say bullets flew near them. Although the state sought to keep him locked up, a judge let him out.

For the full response from the DA’s office on this case, see below:

There were two key eyewitnesses that failed to appear at pretrial interviews despite the State having subpoenaed each of them twice. For this reason, the defendant had asked that the State be sanctioned by excluding the testimony of the witnesses at trial. Witness exclusion is considered an extreme sanction. It was these witnesses’ failure to appear that prompted the court to sanction the State.

We acknowledge that, separately from the lack of cooperation by the eyewitnesses, there were a number of procedural missteps in the prosecution. The court did not sanction the State directly for those failings but considered them in deciding what sanction to impose.  Instead of imposing the extreme sanction of excluding the witnesses, the court imposed the less severe sanction of dismissing without prejudice, which allows for the refiling of the charges.

When ruling on the issue of pretrial detention in the subsequently-filed case, the court had the opportunity to review the facts alleged in the complaint involving the victim.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

 

 

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