ALBUQUERQUE, N.M. (KRQE) – After an accidental shooting left her 2-year-old son dead, an Albuquerque mother is back in jail Thursday night, this time for shoplifting. Court documents said 20-year-old Amillia Garcia was arrested Thursday after Albuquerque police say she was caught shoplifting at the Walmart on Carlisle Blvd. and Menaul Blvd. with a minor by her side.
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That arrest came just an hour after a grand jury indicted Garcia on multiple charges connected to the death of her two-year-old son. On April 6, police responded to a southeast Albuquerque apartment after they said that boy accidentally shot himself. Inside the apartment were Garcia, and three others: Angel Cordova, Angel Morales, and Angelica Lucero. Investigators said all four were asleep while the toddler was left alone in the living room. That’s where Garcia’s gun was left unsecured.
Last Thursday, Judge Bruce Fox released all four adults under pretrial supervision. “I think it was poor decision making, but some of the behavior as well was trying to do the right thing. In other words save the child, call 911,” said Judge Fox.
But on Thursday, a grand jury indicted Garcia on four charges: child abuse resulting in death with a firearm enhancement, tampering with evidence, after she is accused of trying to hide the gun, conspiracy to commit tampering with evidence, and lastly, negligently making a firearm accessible to a minor resulting in death. That last charge falls under “Bennie’s Law” which is meant to hold the adults criminally responsible when children access their unsecured firearms.
Garcia remains in custody tonight for the new shoplifting arrest. If convicted of the child abuse charge alone. She could face up to 18 years in prison.