NMSP News:

Monday July 24, 2023, the New Mexico State Police (NMSP) Investigations Bureau was requested to investigate an officer-involved shooting (OIS) involving the United States Marshals Service.

NMSP agents learned that at around 2 p.m. on July 24, the Marshals were searching for James Rivera, 29, of Albuquerque, who has a lengthy criminal history and had cut off his ankle monitor. The Marshals had reason to believe Rivera was at an apartment complex at 1400 Pennsylvania St.

At the complex, the Marshals contacted Rivera as he was walking toward a vehicle. At this point in the encounter, Rivera fired a handgun at Marshals. One Marshal discharged their duty weapon at least once striking Rivera. Marshals immediately rendered aid to Rivera by applying a tourniquet. He was transported to a local hospital by ambulance for treatment of his injuries. No Marshals were injured during the incident.

Rivera will be charged by the FBI for the shooting.

NMSP Investigations Bureau agents are working to independently determine the series of events leading to the shooting, including collecting evidence and conducting interviews. Throughout the process, investigative findings will be shared with the district attorney for their review and consideration.

NMSP acts solely as fact finders in its cases and does not determine whether an officer’s actions were justified in these types of matters. That decision rests with the district attorney’s office.

This incident remains under investigation by NMSP.