Moses Hernandez, Felon in Firearm Possession, New Mexico 2017

ALBUQUERQUE, N.M. — Moses Hernandez, 35, of Albuquerque, is behind bars after allegedly opening fire on Albuquerque Police Department (APD) officers during a confrontation on January 26, 2017. A U.S. Magistrate Judge found probable cause to support a federal criminal complaint charging Hernandez with being a felon in possession of a firearm and ammunition — a violation of federal law stemming directly from the gunfire exchanged with law enforcement.

Hernandez was taken into custody the same day after discharging a weapon toward APD officers, according to the criminal complaint. The incident, which unfolded in Bernalillo County, prompted an immediate response from federal authorities due to Hernandez’s criminal history. Investigators say he had no legal right to possess a firearm, with prior felony convictions for aggravated assault with a deadly weapon and two counts of possession of a controlled substance.

The complaint lays out a pattern of violent behavior and repeated brushes with the law. Hernandez, a convicted felon, allegedly showed no hesitation in using deadly force against uniformed officers — a decision that now puts him on the radar of federal prosecutors aggressively targeting repeat violent offenders under a broader anti-violence initiative.

If convicted on the current federal charge, Hernandez faces a maximum penalty of ten years in prison. However, prosecutors may seek an enhanced sentence under the Armed Career Criminal Act, which would mandate a minimum of 15 years behind bars if the court determines he qualifies as an armed career criminal based on prior convictions.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Albuquerque Police Department. Assistant U.S. Attorney Paul H. Spiers is handling the prosecution, part of a coordinated federal effort to dismantle cycles of violence by removing high-risk offenders from New Mexico communities for extended periods.

The charges against Moses Hernandez are merely accusations; he is presumed innocent unless proven guilty beyond a reasonable doubt. No trial date has been set. Federal custody remains in effect pending further proceedings.