Man accused of murder claims self-defense

ALBUQUERQUE, N.M. – 43-year-old David Padilla appeared for a detention hearing by video from jail Friday afternoon after prosecutors filed a motion, saying he’d be a danger to the community if released before trial.

Padilla is accused of shooting and killing 23-year-old Devlin Rubi in the driveway of a northeast Albuquerque home Saturday night after the two men got into a fight.

Police say Padilla admitted to shooting Rubi multiple times as Rubi tried to drive away, only after Rubi shot Padilla in the leg.

"This is an extremely violent act. Not only because he actually killed a 23-year-old person in this act, but also because the defendant at that point was not in any danger," said Jablonsky.

But as police took Padilla to jail over the weekend – he claimed self-defense.

"Not guilty. I was just protecting myself. I was shot first," said Padilla.

During the detention hearing, Padilla’s defense attorney asked the judge to deny the state’s motion.

"There are some serious issues with the reliability of the evidence that the state is relying on here," said Graham Dumas, defense attorney.

In the end, Judge Clara Moran sided with prosecutors – ordering Padilla to be held with no bond.

"I find that there is an extreme level of violence that give the court very much concern about danger to the community if the defendant were released. I’ve also looked at his criminal history and I’m unable to fashion any combination of conditions of release that I feel would adequately protect the public at this time," said Moran.