Bail refused for suspect in shooting

A Tucumcari man accused of attempted murder after a shooting at a local health clinic will remain behind bars without bail as his case winds through the court system.

District Judge David Reeb on Friday granted prosecutors' requests for pretrial detention for Anthony Kent, 56, who was charged after shooting at and wounding James Hutchison in the hip and ankle after an argument in front of the Quay County Family Health Center on Dec. 30. Kent also is accused of shooting at Hutchison's wife, Valerie Benavidez.

Reeb also found probable cause that Kent committed the crimes.

Kent is charged with attempted first-degree murder, aggravated assault with a deadly weapon and shooting at or from a motor vehicle, all felonies. The attempted-murder charge could lead up to nine years in prison and a $10,000 fine.

In his ruling, Reeb noted Kent's previous criminal history, including charges of drug possession, aggravated assault, probation violations and assault by strangulation and convictions of drunken driving and assault of a household member.

Reeb also stated Kent shot Hutchins with a handgun and an AR-15 rifle outside the clinic and shot at Benavidez, as well.

"Defendant was aware the victim was unarmed," Reeb wrote. "Defendant admitted the above to law enforcement.

"The Court finds the Defendant poses a threat to the safety of the community. In fact, the risk that Defendant poses to the community is extreme," the judge wrote, adding that Kent is "dangerous."

In his finding for probable cause, Reeb said Kent fired 12 or 13 rounds and hit the victim twice.

"It sounds as though the defendant showed up with two firearms for a reason," Reeb said.

Kent's attorney, public defender Brett Phelps, requested house arrest with an ankle monitor for his client. He said Kent had "legitimate self-defense claims."

During the hearing, the judge heard testimony by New Mexico State Police agent Mark Preciado, Hutchins and Benavidez. Kent appeared by video link from the Quay County Detention Center.

Kent told police after the shooting he felt threatened when Hutchison reached into his vest. Preciado testified that surveillance video footage showed Hutchison, who drove a motorcycle to the clinic, was putting on his gloves.

Preciado said he searched Hutchison and his motorcycle for weapons and found none.

Though Hutchison's wife Benavidez, an employee of the clinic at the time, exited the facility with a gun in her hand after Kent began shooting, she said she never fired her weapon, Preciado said. He said no casings from her gun were found at the scene.

Kent told state police he thought Hutchison was at the clinic to kill him, adding that Kent's girlfriend sent Hutchison $1,000 by a cash app for a tattoo at his Tucumcari parlor.

Hutchison testified he went to the clinic that afternoon to ensure his wife returned home safely.

Hutchison said as Kent got into his pickup truck after they argued in front of the clinic, he "told me he was going to kill my wife. Then he shot me."

Hutchison said he had no previous contact with Kent before that day.

Asked about the relationship between Kent and his girlfriend, Hutchison said: "From what she told me, she was trying to get away from him. He's drama, threatening."

Hutchison said he told his wife to take a gun with her to the clinic that day "due to threats."

Benavidez testified she was in the clinic watching on a video screen her husband and Kent arguing outside. She said she heard a loud bang, grabbed her purse where she kept a gun, went outside, pointed her firearm at Kent and told him to stop, but he kept shooting.

"One bullet almost hit me," she said.

During cross-examination by Phelps, Benavidez testified she thought Kent was going to the clinic for another reason than a doctor's appointment that day.

"I was told he was going to my work to threaten me about my husband," she said.

She added Hutchison was told Kent would be there at the clinic with other people and that Kent's girlfriend told her husband that Kent was going to confront her.

"We do not have security at PMS," she said. "We have had incidents, so (Hutchison) was there to make sure I was safe. ... I was told at lunch that Anthony Kent was going to confront me."

She testified she lost her job at the clinic because Presbyterian Medical Services, which operates the clinic, forbids firearms at all its facilities.

In another filing, Phelps requested a disclosure of the evidence against Kent and demanded a jury trial in the case.