Judge upholds pretrial release for man charged in graduation shooting

Man charged in graduation shooting appears in court

Cristian Bencomo was back in court Wednesday, just about one week after a judge ruled he could be released from jail.

ALBUQUERQUE, N.M. — Cristian Bencomo was back in court Wednesday, just about one week after a judge ruled he could be released from jail.

Prosecutors asked Judge Emeterio Rudolfo to reconsider his ruling.

“There is nothing available that doesn’t have the defendant in custody that has that same level of supervision,” the prosecutor said.

Bencomo is accused of shooting his step-mom Victoria Bencomo in the neck. It happened about two weeks ago at the Albuquerque Convention Center during the graduation ceremony for the Southwest Secondary Learning Center.

Prosecutors showed the judge video of the shooting Wednesday. The state argued the new evidence, along with a letter from victims, and the charges should be enough to hold Bencomo in jail.

“It shows the extreme dangerousness of what happened, it showed how crowded this auditorium was,” the prosecutor said.

The defense called Bencomo’s grandma as a witness during the hearing Wednesday. She said he’s lived with her since he was three and will live with her when released.

The defense argued it would be safe for everyone if he stayed there. His grandma said there are no firearms, drugs, or alcohol in the home.

In the end, the ruling didn’t change.

“Here we do have the strong nature of the offense and the evidence against the defendant for the crime that he committed, and I just don’t see that as clear and convincing evidence to rise to the level of holding him,” Judge Rudolfo said.

The judge said without any criminal history, prosecutors did not prove that no conditions of release could protect the public from Bencomo. He will be released when a GPS monitor is available and will be on house arrest.