ALBUQUERQUE, N.M. (KRQE) – A plea hearing for 32-year-old Jimmy Lopez has been pushed back to Friday, June 2. Lopez is accused of shooting at three Albuquerque Police officers from a balcony last May.

The officers were called to a separate incident near Espanola St. and Bell Ave. in southeast Albuquerque. APD spokesperson Gilbert Gallegos says that when officers approached, a person began firing a rifle at them. Police say officers did not fire back and no one was injured. APD says tactical units arrived on scene trying to get him out of the apartment. Police say Lopez eventually came out with two brothers who live in the apartment. They told officers they had all been drinking.

The state is saying they are considering a plea deal, tossing the charge of aggravated assault on a peace officer for two petty misdemeanors and credit for time served. The judge in the case is now asking why the state is willing to accept the deal. The state says some of the forensic evidence is inconclusive and witness testimony may be questionable. The plea hearing has been pushed to Friday.