Police working on felony charge for man accused of shooting at neighbors’ homes

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ALBUQUERQUE, N.M. (KRQE) – Albuquerque police say they’re pushing for felony charges and an arrest for a man who fired shots at neighbors’ homes over the weekend.

One family who lives near Tramway and Copper said they huddled in their bathtub with their newborn as their neighbor shot off rounds early Saturday morning.

The suspect has been identified as Derek Foote. Neighbors called police and they did respond, but did not arrest Foote to the dismay of neighbors.

“Definitely feeling helpless,” said a neighbor. “I thought that at any moment the cops were going to come and apprehend him and things were going to get resolved and that did not happen.”

An APD spokesperson says they didn’t arrest Foote that night and only charged him with a misdemeanor because none of the callers explained he was actually shooting at homes and it was too dark to see the bullet holes.

He also says an officer did negotiate with Foote for nearly an hour and a half and believed they had resolved the situation. He says APD didn’t get any follow up calls from neighbors saying it hadn’t been, and they never reported the bullet holes.

APD says it’s now working with the district attorney’s office to get Foote behind bars on a felony charge instead of a misdemeanor. He has a history of shooting at buildings, aggravated battery and assault and negligent use of a firearm.

He’s still facing an outstanding charge form last July.

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