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ALBUQUERQUE, N.M. — A Roswell, New Mexico man has been sentenced to 121 months in federal prison after admitting that he illegally possessed a firearm during an encounter with police in which a handgun discharged as he fled on foot.
Daniel Garcia, 39, pleaded guilty to being a felon in possession of a firearm and ammunition. His 121-month sentence amounts to just over 10 years in federal prison. There is no parole in the federal system.
The case stems from a May 16, 2025 crime suppression operation conducted by detectives with the Roswell Police Department.
According to court records, detectives observed Garcia walking in the roadway and attempted to make contact with him. Officers activated the emergency lights on their vehicle, exited and identified themselves as police.
Garcia fled on foot while clutching a satchel across his chest. One of the detectives pursued him.
During the chase, the detective heard a gunshot and saw a muzzle flash coming from Garcia’s location. The detective returned fire, striking Garcia in the lower extremities. Officers then apprehended him and recovered a handgun nearby.
During a subsequent interview with investigators, Garcia admitted that he had possessed the firearm. He told investigators that the handgun discharged accidentally into the ground while he was running.
Garcia also claimed that he did not realize the detectives were law enforcement officers because they were not wearing uniforms and he had not seen the emergency lights on their vehicle.
His possession of the handgun was itself unlawful because Garcia had previously been convicted of trafficking methamphetamine, a felony that prohibited him from possessing a firearm.
The federal prosecution centered on that prohibited possession. Garcia ultimately pleaded guilty to being a felon in possession of a firearm and ammunition.
After completing his prison sentence, Garcia will be required to serve three years of supervised release.
First Assistant U.S. Attorney Ryan Ellison and FBI Albuquerque Field Office Special Agent in Charge Justin A. Garris announced the sentence.
The Roswell Resident Agency of the FBI’s Albuquerque Field Office investigated the case with assistance from the Roswell Police Department. The Las Cruces Branch Office of the U.S. Attorney’s Office for the District of New Mexico prosecuted the case.
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