QUESTA, N.M. (KRQE) – The trial for the first person charged under Bennie’s Law begins Monday. William Brown is accused of negligently providing a firearm to a minor, resulting in the death of a teenager in Questa. KRQE News 13 spoke with the prosecutor who oversaw the case and said it could set a precedent for future cases.
“Well, a lot of the pressure comes from the tragic loss of life. I mean, a young lady was taken and this is affecting an entire family,” said Marcus Montoya, Eighth Judicial District Attorney.
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William Brown, 39, is the first person to be tried under Bennie’s Law for negligently providing a firearm to a minor, resulting in death. “This new piece of legislation. Because I have no guidance, no precedent, no authority, no real blueprint, because I’ve seen it happen before, I think that’s the most nerve-wracking part of, if you will, trying a case like this,” Montoya said.
According to state police, four juveniles were listening to music at Brown’s home when his 14-year-old son pulled out a gun and shot a teenage girl in July 2023. William Brown was subsequently arrested under Bennie’s Law. With no previous cases, state attorneys are taking precautions and looking to other states for guidance.
“Many of us know the case from Michigan, where the parents were both prosecuted for involuntary manslaughter. Our statute doesn’t read the same as Michigan’s, you know. So we draw on other case law from other states where parents have been prosecuted for these types of situations,” Montoya said.
Rep. Pamelya Herndon was the lawmaker behind Bennie’s Law, which passed last year. She says the bill’s main goal is to keep minors safe. “What is important to note is that this bill is being used for the purpose for which it was intended. If there is indeed a situation where a firearm is not safely stored, this piece of legislation will come into play and we want people to remember that there is a potential fine if you do not store your guns safely,” said Rep. Pamelya Herndon (D ) Bernalillo.
Jury selection begins Monday, followed by the state’s presentation of the case. Brown faces a fourth-degree felony charge, which carries a maximum sentence of 18 months in prison. “We just hope to build a professional and prepared case, let the facts and the law fall as they may and then let this piece of legislation evolve as it should,” Montoya said.
Brown’s son, Porfirio Brown, previously stood trial for second-degree murder in connection with that shooting, but that trial ended in a hung jury in March. Porfirio is also expected to appear in court again in August.
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