Three bystanders shot by Albuquerque officers during fatal shootout with suspect

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Albuquerque Police provided an update about a deadly shooting involving police on Nov. 11. The shooting took place at a gas station on San Mateo and Cutler and left one person dead and three others injured.

The suspect in this case, 33-year-old Anthony Hernandez, was shot and killed by officers after he fired at them outside the Speedway gas station. During the exchange of gunfire between Hernandez and officers, three bystanders were struck by the officer’s bullets. Hernandez’s 3-year-old daughter, who was with him at the time, was not physically injured in the incident.

“I think it’s important to recognize that these officers were in a deadly situation,” said APD Chief Harold Medina at a news conference Friday.

Hernandez died on scene, and the bystanders were treated at the hospital and have since been released. One of the victims, who police previously identified as a 68-year-old man, was hit by a bullet in the torso area and is still recovering.

“I’m glad all our officers went home that night and thankful that no citizens lost their lives. We will learn from this,” Medina said.

Police responded to the gas station after getting calls just before 6 p.m. about a man, later identified as Hernandez, who was carrying a gun at the gas station. The clerk at the gas station called the police and told them that they denied selling Hernandez alcohol because he appeared to be intoxicated, APD commander Kyle Hartsock said during the news conference.

The clerk then told APD that Hernandez left the store, returned back inside, and then dropped a gun on the floor. The clerk then claimed Hernandez once again left the store, and outside he cocked the gun but did not threaten anyone, Hartsock said.

Hernandez once again went back inside the store and dropped a live cartridge on the ground, which police said his daughter picked up. The father and daughter then exited the store and were seen sitting on the curb outside.

According to police, Hernandez then pulled out a gun, pointed it at the store, and then walked toward a bystander with the gun.

A few minutes later, Hernandez reportedly tried to go back inside the store; however, the doors were locked by employees.

Officers arrived at the gas station at 6:15 p.m. and asked Hernandez to drop the gun and surrender, Hartsock said. Police also made an effort to clear bystanders from the parking lot by yelling at them to “get away.”

Hernandez did not comply with orders and instead fired a shot at officers, police said. Three officers fired in return, shooting bullets and a “less lethal” round, Hartsock said.

Five of the officer’s rounds hit one of the bystander’s vehicles. The bullet Hernandez fired also appeared to hit the vehicle, which was parked in between police and Hernandez.

A total of 11 casings were found at the scene, APD said.

The man and woman who were inside the parked vehicle were hit by bullets, the man’s hand was injured and the woman’s arm was hit. They drove away to a nearby store to call the police before going to the hospital. The woman told investigators she knew Hernandez and that she and the driver of the car were hanging out outside the gas station.

The third victim, a 68-year-old man, was standing in the parking lot near Hernandez when he was shot, Hartsock explained.

While police were collecting evidence, they recovered Hernandez’s handgun and a bullet inside his daughter’s jacket.

That gun was purchased in September 2024 and was reportedly connected to one incident in Albuquerque, Hartsock said. On Sept. 22, police were alerted to a ShotSpotter activation from apartments on Montgomery Boulevard NE. Officers found casings and a holster that had Anthony Hernandez’s name on it.