ALBUQUERQUE NM Oct 22012- An New Mexico Army National Guard Sargent is charged with shooting atan Albuquerque driver he says was driving recklessly and it's a charge he's alltoo familiar with.Three years ago Richard Baca, 24, was charged in a similarcase where someone died.
Baca told police he was just trying to make sure no one gothurt.
Reports show it was Baca.
He claims the car's driver was speeding in the area, takingout a stop sign and almost crashing through a crowd of people.
That is when Baca says he drew his gun and tried to pull thecar over when that did not work he says he tried to shoot out the back tires.
In November of 2009 Baca faced charges of manslaughter. Heshot and killed Benito Lemos following a road rage incident. The two men werefighting in
Sunday, Baca made his first appeared before a judge on thenewest charge.
A background investigator revealed his record isn't exactlysqueaky clean.
"Three misdemeanor arrests, two known convictions,eight bench warrants and two of those are for failure to appear," theinvestigator said.
A judge agreed Baca is not a flight risk and decided to keepthe bond at $25,000 cash or surety.
Albuquerque Police confiscated two handguns from Baca's carSaturday and four loaded magazines.
National Guard Colonel Michael Montoya says members are notallowed to take their weapons home, so it's unlikely the gun Baca allegedlyused was one that was issued by the military.
Colonel Montoya says the guard will hold off on anydisciplinary action until the criminal case runs its course.
Source: KRQE
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