Military officer arrested after shooting at car

ALBUQUERQUE (KRQE) - An New Mexico Army National Guard Sargent is charged with shooting at an Albuquerque driver he says was driving recklessly and it's a charge he's all too familiar with.

Three years ago Richard Baca, 24, was charged in a similar case where someone died.

Baca told police he was just trying to make sure no one got hurt.

Albuquerque police say just before three o’clock Saturday morning they got a call of a man shooting at a car.

Reports show it was Baca.

He claims the car's driver was speeding in the area, taking out a stop sign and almost crashing through a crowd of people.

That is when Baca says he drew his gun and tried to pull the car 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. He shot and killed Benito Lemos following a road rage incident. The two men were fighting in Las Vegas New Mexico. Baca was acquitted of the charge claiming it was self defense.

Sunday, Baca made his first appeared before a judge on the newest charge.

A background investigator revealed his record isn't exactly squeaky clean.

"Three misdemeanor arrests, two known convictions, eight bench warrants and two of those are for failure to appear," the investigator said.

A judge agreed Baca is not a flight risk and decided to keep the bond at $25,000 cash or surety.

Albuquerque Police confiscated two handguns from Baca's car Saturday and four loaded magazines.

National Guard Colonel Michael Montoya says members are not allowed to take their weapons home, so it's unlikely the gun Baca allegedly used was one that was issued by the military.

Colonel Montoya says the guard will hold off on any disciplinary action until the criminal case runs its course.