SANTA FE, N.M. (KRQE) – Newly obtained police body camera video sheds light on a shooting incident that took place inside a Santa Fe Walmart on Feb. 22. Eric Rosas, 33, reportedly shot his gun at a toilet, and then led police on a car chase before crashing into a guardrail, all while suspected of being under the influence of drugs, according to court documents.

In the video, a Walmart employee is heard describing what happened to police. “He went into the bathroom, and we were watching from afar, and then all we hear was ‘boom’.”

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A police officer attested to seeing Rosas with a gun and said he didn’t see Rosas point the gun at anyone. Rosas allegedly fled the Walmart in a truck and later crashed. Police said when they interviewed Rosas before taking him to the hospital, his speech was slurred and his eyes were bloodshot. Rosas told police that he took Xanax, according to body camera video.

“A Xanax bar, is that what you said?” a police officer asked. “A Xanax bar, yeah,” Rosas responded. Rosas later explained that he allegedly took half of a Xanax bar.

When police asked him why he had his gun, Rosas said: “Because it’s not illegal. This is a hold-your-ground state.” The officer responded with: “Remember, you gotta have a concealed license, permit. Sit down.” Rosa followed up with, “No you don’t, no you don’t.”

Rosas then told police the shooting was an accident. “I wasn’t trying to shoot it,” Rosas said. “It was a f*** up, it was a f*** up, that’s it!”

Rosas faced a DWI charge and six other charges for the incident. However, the charges were dismissed the next day as part of the Santa Fe district attorney’s new policy of dropping all DWI cases until all the evidence is in. Five months later, the charges still haven’t been refiled.

KRQE News 13 reached out to the district attorney’s office asking why. They responded in an email, saying:

The case against Eric Rosas hinges upon the blood results, which are still pending testing and analysis with the State laboratory. Once the results are submitted to the DA’s office, we will screen the case and refile the charges that the evidence supports. 

First Judicial District Attorney’s Office

The policy of dropping DWI charges until all evidence is in was the subject of a recent Larry Barker investigation that showed hundreds of DWI cases were dismissed and never refiled by the Santa Fe District Attorney’s Office.