On May 25, 2015, Rio Rancho Police Officer Gregg Anthony 'Nigel' Benner, aged 49, was fatally shot during a routine traffic stop in Rio Rancho, New Mexico. The incident occurred approximately at 8:15 p.m. near the intersection of Pinetree and Southern Roads. Officer Benner had initiated the traffic stop of a Dodge Durango due to a suspicious license plate. The vehicle was driven by Tabitha Littles, and a passenger, later identified as Andrew Romero, was also present.
During the initial stop, Romero identified himself to Officer Benner as Albert Fresquez, but this was a false identity.
As Officer Benner approached the passenger side of the Durango, the vehicle suddenly accelerated out of the parking lot where the stop was made. Officer Benner pursued the fleeing vehicle and caught up to it a short distance away. During this brief pursuit, Romero shoved Littles out of the Durango, took control of the vehicle, and brought it to a stop. As Officer Benner approached the driver's side of the Durango, Romero fired his pistol four times, striking Officer Benner with all four bullets. This resulted in mortal wounds, and Officer Benner died from his injuries.
Following the shooting, Romero fled the scene in the Durango, prompting a multiagency, city-wide manhunt. Approximately six and a half hours later, at 2:40 a.m. on May 26, 2015, Romero robbed a Shell/Giant gas station. While investigating this robbery, police officers attempted to stop a Chevrolet Impala that was fleeing from the scene. During the pursuit, officers observed an object being thrown from the front passenger window of the Impala. When the chase ended, police found Romero sitting in the front passenger seat and arrested him. The object thrown from the window was identified as a nine-millimeter Beretta pistol, which was later determined to be the weapon used to kill Officer Benner. Additionally, Romero's DNA was found on the pistol, and he was in possession of the keys to the Dodge Durango involved in the earlier traffic stop.
Andrew Romero was subsequently indicted by a grand jury on June 11, 2015, on ten counts related to Officer Benner's murder. These counts included first-degree murder, tampering with evidence, shooting at or from a motor vehicle, conspiracy to commit armed robbery, aggravated fleeing a law enforcement officer, and concealing identity. On October 3, 2016, a jury found Romero guilty of seven of these counts. The trial court sentenced him to life in prison without parole plus sixty years. The sentencing jury also found aggravating circumstances in Romero's first-degree murder conviction, as he had murdered Officer Benner while the officer was acting in the lawful discharge of his official duty and knew Officer Benner to be a peace officer at the time of the crime.
Romero's appeal to the New Mexico Supreme Court resulted in the affirmation of all his convictions except for the count of shooting at or from a motor vehicle, which was vacated on double jeopardy grounds. The extensive media coverage and public reaction to the case led to the trial being moved to Valencia County to ensure a fair trial.
