Trial opens in cyclist's fatal shooting in Southeast Albuquerque
Aug. 28—Breon Kindred fired in self-defense, fatally shooting a man riding a bicycle in Southeast Albuquerque, because he saw the other man reaching for a gun, his attorney told jurors Monday.
Kindred, 30, is on trial for first-degree murder in the June 27, 2020, killing of 29-year-old Lavon King, who was riding a bicycle on Pennsylvania SE near Zuni at the time.
Prosecutors allege that Kindred was armed with a large gun when he rode up behind King on a scooter on Pennsylvania SE, crashing the scooter moments before the fatal encounter.
Prosecutor Lawrence Hansen showed jurors surveillance video from a business that he said shows Kindred shooting King, who he said never drew a handgun holstered on his left hip.
"After (Kindred) wipes out on the scooter, he jumps back up and fires rounds into King," Hansen said in opening statements. "King drops to the ground, mortally wounded, and (Kindred) rides the bicycle away."
King died at the scene.
Kindred also faces charges of armed robbery, two counts of tampering with evidence and conspiracy. His trial is scheduled through Friday before 2nd Judicial District Judge Clara Moran.
If convicted of first-degree murder, he faces a minimum of 30 years in prison before he will be eligible for parole.
As a witness called 911 to report the shooting, Kindred returned to the scene and retrieved his scooter, Hansen said. A video recording from a police officer's lapel camera shows that the officer later removed King's pistol from its holster, he said.
Kindred's attorney, Nicholas Hart, told jurors that Kindred had only seconds to make life-and-death decisions and chose to protect himself and his wife, who was riding behind him on another scooter.
Hart told jurors that Kindred recognized the cyclist as King when he pulled up beside him on Pennsylvania.
Kindred "recognized that it was Lavon King, and he panicked and he crashes his scooter," Hart told jurors. "He panics because he knew Lavon King was dangerous because he had overheard Lavon King talking about being in a gunfight — about getting shot and shooting others."
After Kindred fell from his scooter, he faced the choice of either protecting himself or running from King, who he knew was armed and dangerous, Hart said.
"Breon (Kindred) approached with his gun drawn because he and his wife were still there," Hart told jurors. King pushed the bike toward Kindred, then reached across his body for his gun, he said.
"Breon chose to protect because he had a choice — protect or be killed," Hart said.
Kindred's wife, Davon Pritchett, 30, pleaded no contest in April to one misdemeanor count of attempt to commit aggravated assault and faces up to one year of probation, court records show. Her sentencing hearing has not been scheduled.
Pritchett's plea agreement requires her to "cooperate as a State's witness" in Kindred's case.
The couple were arrested by Utah authorities in January 2022, about a year and a half after King's death.
