United States of America v. Kevin Metcalf

Albuquerque, New Mexico, criminal defense lawyer represented the Defendant charged with illegally possessing a firearm after he shot a store employee during an attempted liquor theft at an Albuquerque business.

On December 29, 2024, Kevin Metcalf, 37, entered El Rey Liquors in downtown Albuquerque and attempted to steal a bottle of alcohol. When a store employee intervened, Metcalf fled the scene before turning around and firing a shot toward two employees standing in the doorway, striking an employee in the leg.

As the incident unfolded, a nearby officer with the Albuquerque Police Department heard the gunshot and observed a vehicle leaving the area without headlights. After a short attempt to evade, the vehicle was stopped, and Metcalf, who was seated in the front passenger seat, was detained along with the driver. Officers observed a tan firearm protruding from beneath the front passenger seat. A subsequent 911 call reported the shooting, and responding officers reviewed surveillance footage and confirmed Metcalf was the shooter.

Metcalf later admitted that the firearm recovered from the vehicle was the one used during the offense. At the time, Metcalf had prior felony convictions and knew he was prohibited from possessing firearms and ammunition.

Metcalf pleaded guilty to being a felon in possession of a firearm. Upon his release from prison, Metcalf will be subject to three years of supervised release.

First Assistant U.S. Attorney Ryan Ellison and Albert Gibes, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. The U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.

the Defendant was found guilty and was sentenced to 66 months in prison.