Albuquerque,NM (KKOB) – Our news partners KOAT are reporting that District Attorney Sam Bregman is filing a criminal charge against Robert Encinio after his 9-year-old son brought a loaded .22 caliber handgun to Mitchell Elementary School on February 27 under Benny’s Law, which holds gun owners responsible if a minor gains access to a firearm.
Bregman has also filed an extreme risk firearm protection order, commonly known as the red flag law, which is a civil order to prohibit the possession or purchase of firearms.
According to the criminal complaint obtained by KOAT, the 9-year-old boy took the gun, which was unsecured with no lock on either the desk drawer or the gun, along with three bullets.
The complaint states the student kept the gun in his bedroom before bringing it to school the next day. It also mentions that Encinio had approximately 44 different firearms located in his office, some of which had bullets in the magazines and were unsecured without locks.
On Tuesday, KOAT visited Encinio’s home, where he declined to comment on the charges filed against him.
