NMSP and APD involved in OIS in Albuquerque.

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Albuquerque, NM- On June 16, 2023, the New Mexico State Police Investigations Bureau was requested, and a Multi-Agency Task Force (MATF) was activated, to investigate an officer-involved shooting involving New Mexico State Police (NMSP) and the Albuquerque Police Department (APD). 

 Investigations Bureau agents learned that at around 6:45 p.m., the Albuquerque Police Department was dispatched to Rudy’s Barbecue restaurant in reference to a suspicious male suspect who was armed with a firearm. The male suspect was identified as Emilio Jorge Mirabal (25) of Albuquerque, who was in the parking lot of Rudy’s when he began to fire a weapon. A 48-year-old female and a 44-year-old male were sitting inside of their vehicle and were struck by gunfire. 

 NMSP and APD officers arrived on scene and encountered Mirabal, who was armed, in the parking lot of Rudy’s. At some point during interaction with Mirabal, a NMSP officer and APD officer each fired at least one round from their duty weapons and Mr. Mirabal was taken into custody. He was not struck by officers’ gunfire during the incident. 

 He was booked into the Metropolitan Detention Center on the following charges:

 Count 1: Aggravated Battery x2.

Count 2: Aggravated Assault on Police Officer.

Count 4: Felon in Possession of a Firearm.

Count 5: Shooting at or from a motor vehicle.

Count 6: Shooting at a dwelling or occupied building.

Count 7: Criminal Damage to property.

Count 8: Negligent use of a deadly weapon.

 The male and female who were injured by Mirabal’s gunfire were transported to an area hospital with injuries believed to be non-life-threatening.

 No officers were injured during the incident. The identity of the New Mexico State Police officer will not be released until interviews are completed. The officer has been placed on standard administrative leave. The APD officer involved will not be identified by the New Mexico State Police. For information on their duty status, or administrative actions taken, please contact the Albuquerque Police Department.

 This case is being investigated by the New Mexico State Police Investigations Bureau alongside a MATF.

 New Mexico State Police Investigations Bureau agents are working to independently determine the series of events leading to the shooting, including collecting evidence and conducting interviews. Throughout the process, investigative findings will be shared with the district attorney for review.

 The New Mexico State Police acts solely as a factfinder in its cases and does not determine whether an officer’s actions were justified in these types of matters. That decision rests with the district attorney’s office. This incident remains under investigation by the New Mexico State Police.