Man booked after being accused of pointing gun at teen

A Tucumcari man was booked into the county jail last week on a felony charge after being accused of drunkenly pointing a gun at a teenaged boy.

Matthew Hart, 37, was charged with abuse of a child (first offense; placed in a dangerous situation) and negligent use of a deadly weapon while under the influence of an intoxicant or narcotic.

The child-abuse charge is a third-degree felony that can lead up to three years in prison and a $5,000 fine. The negligence charge is a petty misdemeanor.

According to a complaint filed in magistrate court by Tucumcari Police Cpl. Herman Martinez, officers were sent April 26 to the 500 block of Laughlin Avenue to check on a report about a man pulling a gun on a 14-year-old boy.

A man said his teenage son was playing in the back yard, and Hart pulled a gun on the boy, though he was doing nothing at the time.

Hart told the officer he heard a noise in his backyard. Fearing it was a pitbull dog, he drew his .22-caliber pistol and pointed it in the direction of the child. Hart said he didn’t see or hear a dog. He showed officers the pistol, which was loaded with no bullet in the chamber.

At the police station, Hart was taken to a holding cell. Martinez said he could smell alcohol and asked Hart whether he’d been drinking. Hart replied: “More than any man can handle.” When asked how much he’d drunk, Hart said he’d consumed six shots of Everclear and three shots of Jack Daniel’s whiskey.

Hart refused to take a breath test, saying: “I already told you how much I had to drink, and I’m not going to take your test; you’re wasting your time.”

Judge Timothy O’Quinn placed hart in a no-bond hold April 27 after probable cause was found for his arrest.

Hart was released on a $5,000 security bond two days later and several other conditions, including that he not possess firearms, not consume alcohol or illegal drugs, submit to drug and alcohol testing and avoid contact with the alleged victim.

Public defender Anna Aragon was appointed as Hart’s lawyer. She was unavailable for comment Monday.