ALBUQUERQUE, N.M. (KRQE) – Darryus Chavez, the man accused in a deadly shooting in downtown Albuquerque is asking a judge to dismiss the charges against him. Chavez is one of four people charged for the murder of Trevonte Robbins in July 2021.

Investigators say the shooting happened near Central and 4th Street, where people in a car gunned down 19-year-old Trevonte Robbins and wounded his friend. They say the group were trying to retaliate against someone who had attacked one in their group and mistakenly targeted Robbins and his friend. An officer with the Albuquerque Police Department was also hit with shattered glass when a bullet struck his windshield.

In the motion, the defends argues the only evidence tying Chavez to the crime is surveillance video showing him get out of the car that shots came from to move a cone. They also say he was never identified as the shooter or driver of the vehicle and that there is no communications between Chavez and the other people charged that indicate he helped plan the shooting or had any idea it was going to happen. The state filed a response saying they are unopposed to the dismissal of charges.