ALBUQUERQUE, N.M. – On Wednesday, the woman charged with an accidental shooting inside Duran’s Central Pharmacy learned she’s getting out of jail as she awaits trial. 

Last week, Jonathan Olivas was released, but a judge decided to keep Amanda Sheppard behind bars.

Sheppard was brought to tears as Judge Bruce Fox said she won’t be staying behind bars. It’s a decision the state argued against.

“If you were to sit down with your family, do you think that it’s reasonable that you could be shot in the head on accident?” said Bernalillo County Assistant District Attorney Robert Alexander. 

That’s exactly what happened Jan. 7. A man was eating at the Duran’s Pharmacy Diner on Central when he was shot in the back of the head and fell to the ground.

Alexander argued that’s the reason Sheppard should stay behind bars.

“The defendant was carrying a .22 revolver in a purse that she uses specifically to conceal carry, despite not having a concealed carry license. And that’s significant because the thing about this license is if they come with training, so here’s a person who was not trained in how to utilize a firearm in this respect,” said Alexander. 

Defense Attorney Alexandra Jones argued Sheppard poses no threat and reminded the court that Olivas was who police were initially after.

“I don’t even see that an arrest warrant was requested for Miss Shepherd. So that’s very concerning to me that we have a preventative detention motion for Miss Shepherd, but not for Mr. Olivas. I don’t think the evidence at all supports many of the charges in this case. At most, the evidence may point to tampering with evidence,” said Jones. 

Judge Fox disagreed with Jones.

“I do disagree with this defense. I do find there is fairly strong weight of evidence against the defendant. Based on she did give a brief statement to the police,” said Fox. 

In the end, Fox decided to release Sheppard.

“I am going to release the defendant. Ultimately, I just don’t believe Miss Sheppard is a threat to the community,” said Fox. 

There are, of course, restrictions while Sheppard is out. There will be zero tolerance for possession of firearms, she can’t go back to Duran’s, and she also can’t drink alcohol or smoke marijuana without a card.

Judge Fox also decided she won’t be allowed to discuss her case with Olivas.

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