A judge sentenced Emilio Mirabal to 14 years in prison for shooting and wounding two bystanders who had simply come to pick up food at a Rudy's Bar-B-Q parking lot in Albuquerque in June 2023. The sentence, handed down this week, caps a case that also saw Albuquerque and New Mexico State Police officers return fire at Mirabal during the chaotic encounter without ever hitting him.
Court documents described Mirabal as experiencing a drug-induced mental health crisis when he began shooting at the lot near I-40 and Carlisle, according to KRQE. The two bystanders he wounded were simply picking up food when they were caught in the gunfire, the station reported. Police have said both victims suffered non-life-threatening injuries, per KOAT.
Judge Brett Loveless imposed the 14-year sentence, but with credit for Mirabal's pre-sentence confinement factored in, he is expected to serve just over 10 years before supervised probation begins, the station's report notes. In court, Mirabal apologized directly, saying, “I'm sorry my intentions weren't to hurt anybody.”
Officers Opened Fire But Missed Mirabal
During the original encounter, officers from both the Albuquerque Police Department and New Mexico State Police shot at Mirabal, but he was not struck by gunfire, per the same krqe.com account. Earlier reporting from koat.com had described Mirabal as spotted with a firearm in the lot of Rudy's Bar-B-Q on Carlisle Boulevard NE, allegedly firing several gunshots as state police officers approached. That outlet also reported that an APD officer and an NMSP officer each fired at least one shot during the incident, and that Mirabal was not struck by either shot.
New Mexico State Police later released body-camera footage from the shooting, according to koat.com, which reported that two people were struck while sitting inside a vehicle and were taken to UNM Hospital with non-life-threatening injuries. KOB reported that police later arrested Mirabal as the alleged shooter.
Conflicting Reports on Suspect's Age
Coverage of the case has not been entirely consistent on basic identifying details. Koat.com identified the suspect as 25-year-old Emilio Mirabal, while a separate KOB report identified him as 26-year-old Emilio Mirabel, using a different spelling of his surname.
A Victim Spoke Up for Leniency
One of the shooting victims asked the judge to be lenient toward Mirabal, saying she would be happy if he received probation, according to KRQE's sentencing report. That plea stands in contrast to the pending civil lawsuit brought by one of the injured bystanders, which names Mirabal, the Albuquerque Police Department, New Mexico State Police, and the security company present that day. The lawsuit claims police acted recklessly and fired wildly in their response, the station reported — an allegation that remains contested and unresolved in court. Yahoo News likewise noted that the litigation centers on claims that officers shot “wildly” and were “reckless” in their response.
A Record That Includes a 2016 Killing
Mirabal's history with the justice system did not begin in 2023. He has an extensive criminal record that includes a role in a deadly Albuquerque robbery in 2016, the krqe.com report states. He had faced a murder charge in that earlier case but accepted a plea deal, agreeing to a three-year prison sentence rather than go to trial.
Court records from the Second Judicial District Court of New Mexico show the case moved through additional legal steps before sentencing, including a competency review hearing listed for Emilio Jorge Mirabal in January, tied to a competency order filed in February 2024. With this latest sentence now on the books, Mirabal faces more than a decade behind bars before supervised probation follows his release.
