The charges against an Aztec man accused of firing an AR-15 rifle at a New Mexico State Police officer were amended Sept. 16 increasing count one to an attempted first-degree murder, which is a second-degree felony.
Fernando Silva, 42, was arraigned on the new charge Monday in front of 11th Judicial District Judge Curtis Gurley.
Defense Attorney Shellie Patscheck told Gurley that her client did not need a preliminary hearing and then, she waived the reading and entered a plea of not guilty.
“Mr. Silva and I knew this amendment was coming. The penalties don’t increase on count one, the theory of the charges changes,” Patscheck said.
Silva’s case has been pending since his Aug. 20, 2024, arrest, which came a day after he allegedly fired more than 50 rounds at New Mexico State Police Officer Andrew Blea.
Silva was pulled over for a routine traffic stop at 7:32 p.m. Aug. 19, 2024, in the area of Pinon Hills Boulevard and West 30th Street. He reportedly was driving a black Chrysler 300 at a high rate of speed.
He allegedly got out of the car armed with an AK-47 and began firing toward Blea, who made it safely back to his police unit, which was rendered dysfunctional by the gunfire.
The change in charges came after the San Juan County District Attorney’s Office determined there was enough evidence to charge Silva with the attempted first-degree murder of Officer Blea.
“As more evidence came in, we thought there was a good faith attempt to argue for the attempted first-degree murder charge,” Chief Deputy District Attorney Brian Decker said.
After allegedly firing at the officer, Silva reportedly fled the scene and was arrested the next day at his home in Aztec. Upon his arrest, San Juan County sheriff’s deputies discovered the decomposing body of Silva’s uncle, Carlos Silva, in the home, according to court records.
Carlos Silva died from an apparent gunshot wound to the head, and homicide charges have been pending, as the investigation continues, according to San Juan County Sheriff Shane Ferrari.
Silva was set to enter a plea agreement, June 4, but Gurley rejected the plea, which the Tri-City Record attempted to obtain through Inspection of Public Record Act requests.
However, the court denied the request, citing a New Mexico Supreme Court ruling that said plea negotiations were not subject to public inspection.
After the plea was rejected Patscheck requested a bench trial, but in light of the new charges, she withdrew the request and asked for a jury trial, which is set to begin Jan. 20 in Gurley’s courtroom in Aztec.