Man charged under Bennie’s Law after 8-year-old girl shoots herself in the leg
By John Rupolo
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ALBUQUERQUE, New Mexico (KOAT) — Isaiah Chavez, 26, has been charged under Bennie’s Law, which allows for misdemeanor or felony charges against individuals who enable minors to access firearms.
According to the criminal complaint, the incident occurred Monday when an 8-year-old girl accidentally shot herself in the leg after finding Chavez’s handgun on a kitchen counter. Chavez had reportedly placed the firearm there before going to bed.
Chavez’s family expressed their belief that he should not face charges.
“It was a freak accident. I mean, it was just. It was like. It was just all, like a big storm of everything that happened to it. It wasn’t like, you know, it wasn’t his fault,” a family member said.
In March, Robert Encinio was also charged under Bennie’s Law after his 9-year-old son allegedly brought a loaded gun to Mitchell Elementary School. The child reportedly took the firearm from his father’s office.
KOAT legal expert John Day explained the purpose of Bennie’s Law.
“Bennie’s law is designed to put the burden on adults, on parents, to make sure that basically that their firearms are secured. What it does is it criminalizes the act of an adult or responsible parent,” Day said.
Bennie’s Law was enacted in 2023 following the death of Bennie Hargrove, who was shot by a classmate at Washington Middle School in 2021. The classmate had brought a loaded gun to school.
Since 2024, 22 people across New Mexico have been charged under Bennie’s Law, with the highest number of cases reported in Bernalillo County, followed closely by Chaves County.
Legal experts have discussed whether the law is achieving its intended purpose.
“If the idea is that at least some parents, some adults are understanding that they’ve got to make sure that their guns are safely stored and not accessible to children. So that may be the way you define the success,” Day said.
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