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N.M. State Police arrest man accused of firing nearly 50 rounds at officer

A state police vehicle was hit by at least one round, according to an arrest warrant affidavit, but the officer was not struck by gunfire

By Nicholas Gilmore
The Santa Fe New Mexican

FARMINGTON, N.M. — An Aztec man is accused of firing about 50 rounds at a New Mexico State Police officer during a traffic stop Monday in Farmington.

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A state police vehicle was hit by at least one round, according to an arrest warrant affidavit, but the officer was not struck by gunfire. A statement from the agency said he was “OK” after the incident.

Police named Fernando Leon Silva, 40, as the suspected shooter and announced Tuesday evening he had been arrested.

Silva faces charges of attempted second-degree murder, aggravated assault on a police officer, shooting at or from a motor vehicle and two counts of aggravated fleeing from police, according to a criminal complaint filed Tuesday in San Juan County Magistrate Court.

The state police officer had tried to pull over the driver of a black Chrysler 300 on the northwestern side of Farmington, investigators wrote in the affidavit, but after the car slowed, a man later identified as Silva got out wielding an AR-15-style rifle and began firing at the officer.

Police wrote Silva’s gun had “a possible drum magazine or extended magazine,” and investigators recovered 49 .223 caliber casings and one .556 caliber casing at the scene.

The officer’s vehicle was struck on the tailgate and on the front driver’s side tire, police wrote.

Silva drove west on N.M. 170 at speeds of up to 120 mph while another state police officer chased him for several miles, the affidavit says, adding the officer eventually lost sight of the car.

State Police Chief Troy Weisler said at a news conference Tuesday, before Silva’s arrest, the agency was “determined to locate and apprehend” him.

“Our officers face unpredictable dangers every day, and last night’s events in Farmington are yet another sobering reminder of that reality,” Weisler said. “We are grateful no lives were lost, and no one was injured. The safety of the public and our officers is our top priority.”

Silva’s criminal record over about two decades includes at least three drunken-driving convictions as well as dismissed charges of larceny, attempted battery and criminal damage to property.

State police investigators wrote in the affidavit deputies from the San Juan County Sheriff’s Office were familiar with Silva and his Chrysler from a past incident in which they said he had barricaded himself into a residence and threatened any officers who attempted to arrest him.

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