Man accused of Nov. 27 shooting faces new felony child abuse charge

Next court hearing is set for the morning of Jan. 14

Joshua Kellogg
Farmington Daily Times
  • Marco Florez, 37, allegedly shot a juvenile in the leg at a family gathering in the early morning hours of Nov. 27 at a residence in the area of Aztec, according to The Daily Times archives.
  • The DA’s office on Dec. 9 amended the criminal complaint, adding a first-degree felony charge of child abuse (results in great bodily harm), according to court documents.
  • He faces an 18-year prison sentence if convicted of the child abuse count and three-year prison sentence if convicted of the aggravated battery charge.

FARMINGTON — The San Juan County District Attorney’s Office have added a first-degree felony count of child abuse against a man accused of a shooting after the DA’s office learned the gunshot victim was a juvenile.

Marco Florez, 37, allegedly shot a 17-year-old boy in the leg during a family gathering in the early morning hours of Nov. 27 at a residence in the area of Aztec, according to The Daily Times archives.

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Arlon Stoker, Florez’s attorney, told The Daily Times he is hearing from witnesses that they now believe it was an accidental shooting.

Stoker added his client’s preliminary hearing set for Dec. 10 was postponed because the DA’s office received the same information.

Florez was charged on Nov. 26 with a third-degree felony count of aggravated battery with a deadly weapon.

Marco Florez

The DA’s office on Dec. 9 amended the criminal complaint, adding a first-degree felony charge of child abuse (results in great bodily harm), according to court documents.

The addition of the child abuse charge increases the amount of possible prison time Florez faced if he was convicted of the alleged crime.

He faces an 18-year prison sentence if convicted of the child abuse count and a three-year prison sentence if convicted of the aggravated battery charge.

Chief Deputy District Attorney Dustin O'Brien told The Daily Times that the age of the gunshot victim was not indicated when the charging documents were initially sent to the DA’s office.

O’Brien stated when attorneys looked at the intake sheet, which includes information on people associated with the case, they noticed the gunshot victim was a juvenile.

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A relative of the juvenile also reached to the DA’s office and had concerns about the case, according to O’Brien.

San Juan County Sheriff’s Office deputies were dispatched to a residence on County Road 3000 around 1:16 a.m. on Nov. 27.

The juvenile was found with a gunshot wound on his upper right leg and suffered a broken femur.

Interviews with multiple witnesses described a scene where Florez consumed alcohol and became angry during an argument.

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The defendant is accused of grabbing a handgun from his vehicle, firing a shot into the air then firing a round toward a group of people.

The juvenile told law enforcement the round hit the ground, ricocheted and struck him.

Florez’s preliminary hearing is set for the morning of Jan. 14 in Aztec Magistrate Court.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

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