A 23-year-old Mexican national shot by a Farmington police officer waived a preliminary examination hearing Wednesday.

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AZTEC — The 23-year-old Mexican national man shot by a Farmington police officer earlier this month waived his right to a preliminary examination hearing Wednesday.

Heriberto Nava-Martinez will be arraigned in district court on charges connected to the Sept. 6 theft of a pickup truck from an east Farmington business.

Nava-Martinez is accused of stealing the vehicle shortly before 9 p.m. and crashing it through the front gate of the business' property on Herrera Road, according to an arrest warrant affidavit. He then allegedly drove the badly damaged vehicle into the wrong lane of traffic on East Main Street, narrowly avoiding several head on collisions, the affidavit states.

Nava-Martinez was identified by Farmington police officers as the driver of the vehicle and transported to San Juan Regional Medical Center for a medical evaluation and to have his blood drawn, according to the affidavit.

At the hospital, Nava-Martinez allegedly attacked Farmington police officer David Rock, who responded by shooting Nava-Martinez, according to a Farmington Police Department press release.

Nava-Martinez's attorney Ruth Wheeler could not be reached for comment Wednesday.

New Mexico State Police is investigating the shooting.

State police Sgt. Chad Pierce said Wednesday he was not certain when the investigation would be complete. He said his agency would refer its findings to the San Juan County District Attorney's Office, which would then determine whether the shooting was justified.

Chief Deputy District Attorney Dustin O'Brien has said that additional charges may be filed against Nava-Martinez, depending on the outcome of the state investigation.

Farmington police spokeswoman Georgette Allen said Wednesday Rock has returned to work.

Steve Garrison covers crime and courts for The Daily Times. He can be reached at 505-564-4644.

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