A New Mexico man has been arrested and charged with child abuse and negligence after his 8-year-old cousin allegedly shot herself in both legs with an unsecured handgun. Isaiah Richard Chavez, 26, is accused of making a firearm accessible to a minor.
Albuquerque police responded to a 911 call around 6 a.m. on September 9, 2026, at a residence on Basket Weaver Ave. NW, reporting that a child had accidentally shot herself. According to court records, the child found Chavez's handgun unattended on a kitchen counter.
Chavez told investigators that he was visiting a family member's house and had placed his belongings, including the handgun, on the counter before going to sleep. He stated he typically keeps the firearm in his truck. "I just heard a loud pop and I was like, excuse my language, but I was like, 'what the f*** was that?' And so, right away I ran to my mom's room and I was like, 'Mom, I think the baby just f***ing shot herself,'" Chavez recounted to investigators.
A relative who is a registered nurse transported the child to the University of New Mexico Hospital. Doctors confirmed her injuries were not life-threatening.
Chavez was charged under Bennie's Law, also known as the Bennie Hargrove Gun Safety Act. This law was enacted in 2023 following the 2021 shooting death of Bennie Hargrove, a 13-year-old who was shot by a classmate while reportedly attempting to intervene in a bullying incident. The law holds parents or guardians accountable if a child gains access to an unsecured firearm from them.
According to court records, the law has been utilized in 35 cases since its inception. In March 2026, another New Mexico resident, Robert Encinio, was charged under Bennie's Law after his 9-year-old son allegedly brought a loaded gun to Mitchell Elementary School, reportedly taken from his father's office.
Chavez has pleaded not guilty to the charges, and his next court hearing is scheduled for July 2027. His family has expressed their belief that the incident was an accident and that Chavez should not have been charged.