Albuquerque Felon Charged with Unlawfully Possessing a Firearm and Ammunition
ALBUQUERQUE – This morning Abran Apodaca, 37, of Albuquerque, N.M., made his initial appearance before a U.S. Magistrate Judge on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. The charge arises from an Aug. 4, 2017 incident during which FBI Special Agents and a Task Force Officer fired at Apodaca after he allegedly pointed a rifle at an Agent.
The criminal complaint alleges that on Aug. 4, 2017, after learning that Apodaca had an active state arrest warrant for an alleged probation violation, FBI Special Agents and Task Force Officers conducted surveillance at Apodaca’s residence. During their surveillance, the agents and officers observed Apodaca and two other individuals drive up to the residence in a gray vehicle. After observing Apodaca enter and exit the residence and re-enter the gray vehicle, FBI Special Agents engaged their vehicles’ emergency lights and approached the gray vehicle with the intention of arresting Apodaca. Apodaca, who was driving the gray vehicle, allegedly responded by accelerating into an agent’s vehicle and maneuvering around the agent’s vehicle. Apodaca then allegedly pointed a rifle at the agent, and FBI Special Agents and a Task Force Officer responded by firing at Apodaca. Apodaca sustained a gunshot wound. Special Agents rendered aid to Apodaca, and then arrested him and transported him to a hospital.
According to the criminal complaint, FBI Special Agents and Task Force Officers seized a rifle, which was found adjacent to the gray vehicle in the area where they arrested Apodaca. The criminal complaint alleges that Apodaca was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
FBI agents arrested Apodaca on the criminal complaint this morning. Apodaca remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled at 9:30 a.m. tomorrow morning.
If convicted on the crime charged in the criminal complaint, Apodaca faces a statutory maximum penalty of ten years of imprisonment and a $250,000 fine. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.