Darian Bashir is facing an open count of murder, but a new court report shows he may not be that dangerous and even suggests releasing the accused killer from jail. It’s called the Arnold tool.

Prosecutors said Bashir has a criminal history that’s escalating, and fast. In 2017, Albuquerque Police Department say Bashir shot a man in the stomach in downtown. That case was dismissed, although the Bernalillo County District Attorney’s office said the 2017 case was dismissed partly because they could not get witnesses to cooperate.

Then, in February the 23-year-old was arrested again. In that case, APD said he shot at another car, almost hitting police officers who were nearby. That case is still pending. “This is a very dangerous suspect,” DA Raul Torrez said. “It’s somebody that we tried to have detained, but unfortunately he was released on his own and was on supervision.”

Then, last weekend, Bashir is accused of opening fire again outside a bar in Nob Hill. This time, killing Jackson Weller, a University of New Mexico baseball player. The DA’s office has filed a motion to keep the 23-year-old behind bars until trial. “All we can do is ask that he be held,” Torrez said.

That decision will be up to a district court judge on Wednesday. One of the tools the judge will use is the Public Safety Assessment (PSA’s). Bashir’s PSA shows he has no previous convictions, he never skips out on court, and only lists him as a “3” on a criminal activity scale from 1 to 5.

The report even suggests releasing Bashir from jail altogether, and while he may not look all too dangerous on paper, prosecutors said he doesn’t belong on the streets of Albuquerque. “I think it’s time for us to really re-examine how the system is working, and frankly, we’re failing to protect public safety,” Torrez said.

Bashir’s trial for the drive-by shooting is set for December.

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