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Incident report offers additional details on Subway shooting altercation

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RIO RANCHO — A teen subway employee and two men were all charged for a Subway shooting that occurred Feb. 19 on Southern Boulevard. However, newly released documents show additional shots may have been fired than what has previously been reported.

Richard Davis-Chavez is a teen employee who was charged with aggravated assault with a deadly weapon. Apolonio Ortiz was charged with two counts of tampering with evidence, and Bennie Ortiz, who went to the hospital as a result of the shooting, was charged with disorderly conduct and unlawful carrying of deadly weapon.

At the time, Rio Rancho Police Department's public information officer said Davis-Chavez shot Bennie Ortiz in the leg.

“The investigation revealed an altercation began between two patrons, Apolonio Ortiz and Bennie Ortiz, and juvenile Subway employee, Richard Davis-Chavez, over the preparation of a sandwich. The fight escalated when the patrons exited the store, and the employee followed them up until the front door, where the employee retrieved a firearm from his waistband and pointed it at the patrons,” RRPD Capt. Jacquelynn Reedy stated.

She said the three began fighting for the firearm when it discharged, striking Bennie Ortiz in the leg. A second firearm was also displayed as the altercation came to an end. The Ortizes left the area and called police.

In an recently released incident report filed by RRPD, it appears the teen wasn't the only one to fire shots.

When officers spoke with Davis-Chavez, he told them one of the men pulled out a gun and fired a shot toward him. He showed officers his hat, which had a bullet hole in it. He also said he had been hit multiple times in the face by the two men.

A witness confirmed that when the altercation ensued, the two men managed to disarm the teen and began to beat him inside the store. Another witness saw the men striking Davis-Chavez with a firearm.

All witnesses said they had left the store when they heard the gunshot.

Davis-Chavez could face up to four years in prison if convicted. Bennie Ortiz could face a little more than six months, and Apolonio could face anywhere from a few months to more than 10 years.

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