Accused Albuquerque party shooter bonds out of jail

Self defense questions raised in case

ALBUQUERQUE (KRQE) –  A teen facing felony aggravated battery charges, accused of shooting four people after a party got out of control, appeared in court Monday afternoon.

Triston Whitmire was arrested Saturday for a shooting at his home near Gibson and University. Online jail records show Whitmire posted a $60,000 cash or surety bond on Saturday. On Monday, he appeared with prominent attorney Eric Loman and family members.

Whitmire, who has no criminal history at all according to court staff, was allowed to remain out of custody and travel within state while the case is pending.

According to a criminal complaint, Whitmire and other people hosted a party at their home Friday night into early Saturday morning. Uninvited guests showed up and found their way inside. Whitmire told police he kicked several people out, including one man armed with a gun, and locked the doors.

Cell phone video obtained by KRQE News 13 appears to show a group of people outside the home breaking glass near the front door seconds before eight gunshots ring out.

Police say Whitmire told them he fired his gun out of the home at the group of people that were attempting to get back inside. Four people were hurt and taken to the hospital.

Whitmire was arrested and charged with four counts of aggravated battery with a deadly weapon, a felony.

KRQE News 13 showed the cell phone video and the criminal complaint to well-known defense attorney Ousama Rasheed, who says Whitmire and his legal team should have a good self-defense case.

“You always have the right to defend yourself… it’s just a matter of when do you have the right to defend yourself with lethal force,” Rasheed said. “It’s very clear that there is violent aggressive attempts being made to get into that house against the owner’s wishes.”

“I will be surprised if ultimately if the district attorney pursues and indicts Mr. Whitmire for the charges he was arrested for.”

APD Officer Tanner Tixier tells KRQE News 13 detectives are looking into whether any of the people who attempted to get back into the home could face charges, saying the investigation is still ongoing.

Whitmire’s current criminal charges carry a maximum penalty of more than a dozen years in prison.

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