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A Las Cruces man faces murder charges after police said he shot and killed a man on April 3.
Bernardo Hernandez Jr., 22, was charged with first-degree murder and tampering with evidence. Police said he fatally shot Elijah Daniel Venegas, 24, following an altercation. Hernandez has also been charged with tampering with evidence.
The shooting occurred at the 2100 block of Lester Avenue just south of Lynn Middle School. Police believe that the two men fought, first verbally and then physically, before escalating the incident into a deadly shooting. Hernandez confessed to the killing, saying he feared he would be shot if he didn’t shoot first.
According to a news release from the city of Las Cruces, police believe that Venegas and Hernandez had a verbal argument that turned physical after Venegas’ girlfriend called Hernandez around 6 a.m. on April 3. According to a statement the girlfriend provided to police, she called Hernandez for a ride.
A statement of facts filed in district court said that Hernandez and the girlfriend began to argue upon his arrival. Venegas then began to argue with Hernandez. The altercation escalated into a fistfight as Venegas climbed into the back seat of Hernandez’s SUV.
The girlfriend said she then got Venegas out of the SUV and was trying to calm him down. Meanwhile, Hernandez moved to the back of his SUV and pulled out a handgun.
The girlfriend told police Hernandez began firing at Venegas. Another witness told police Hernandez fired twice, missing Venegas. Venegas then ran down the street as Hernandez continued firing. This time, he was struck in the head.
The girlfriend then watched as Hernandez fumbled around his SUV for his keys. He couldn’t find them, she said, leading him to take off into the area’s neighborhood. At one point, he passed onto the Lynn Middle School grounds where police recovered the firearm, a Taurus 9mm handgun, in a fanny pack alongside Hernanadez’ jacket.
Hernandez admitted to shooting Venegas and ditching the gun, according to court records. But he told police he feared Venegas would shoot him first. Hernandez said Venegas often carried pistols. And, during the fight in the SUV, Hernandez said he saw Venegas reaching for his waist. He told police that a camera located in the SUV likely recorded part of the incident.
No court records indicated that police recovered any weapons that might’ve been on Venegas’ person during the altercation.
The search and subsequent investigation led Lynn Middle School to lockdown on April 3.
Hernandez is awaiting a hearing in the Doña Ana County Detention Center. He’s currently held without bond. A spokesperson with the 3rd Judicial District Attorney’s office told the Las Cruces Bulletin that the office would pursue pretrial detention.
New Mexico has no cash bail. Instead, prosecutors must argue that a defendant is dangerous and that no conditions of release – such as a surety bond or ankle monitor – could ensure the public’s safety. Defendants charged with first degree murder are often held with bond by the 3rd Judicial District Court.
A pretrial detention hearing has not been scheduled since this article’s publication and Hernandez did not appear to have legal representation yet. Hernandez was due to appear for a first appearance in the Doña Ana County Magistrate Court on April 4.
