Mother charged in shooting that injured 7-year-old son released until trial

ALBUQUERQUE, N.M. – The mother of three accused of shooting her 7-year-old son last week is not staying in jail after Wednesday’s pretrial detention hearing.

KOB 4 learned that the little boy is making a miraculous recovery. The New Mexico Children, Families and Youth Department reports he’s speaking and eating, and is expected to recover.

It’s a complete 180 from the original report from the Albuquerque Police Department that said he wasn’t expected to survive.

On Wednesday, the state started by arguing that Davona Chavez shows a pattern of taking relatively minor events and escalating them with deadly force.

“This defendant, judge, has a history of reckless behavior involving firearms in the presence of her children in the context of a domestic dispute,” said Stephen Lane, prosecutor.

The state referenced a case from 2018. Chavez was accused of drinking and driving her three children to a woman’s house who was reportedly involved with her ex-boyfriend.

Investigators say Chavez fired at least one shot at the house. That case was dismissed because two witnesses didn’t show up to testify.

“This is just criminally reckless behavior that this defendant has consistently engaged in. In the presence of her children. She’s creating very real zones of danger for her own children,” Lane.

Investigators say Chavez got into a verbal altercation with her current boyfriend last week when she accused him of cheating on her. 

She reportedly took four children and two other adults into one room of the house when the fight started.

A witness said the man tried to push into the room multiple times. He left every time, but the last time was when Chavez allegedly shot him.

Investigators say the bullet traveled through his leg and hit the 7-year-old boy in the head.

“They were afraid. They were all afraid and they were hiding,” said Rose Osbourne, defense attorney.

The defense argued that fear motivated Chavez’s alleged actions.

“What happened here was really not her fault, it was because this man kept harassing her and the rest of her family,” said Osbourne.

The judge decided there was some doubt in the state’s case.

“I guess there is some question as to whether it was self-defense,” said Second Judicial District Court Judge Emeterio Rudolfo.

Chavez chimed in with just one question.

“Can I still talk to my kids like on the phone? Or I just kept no contact with them at all?”

Judge Rudolfo decided no contact at all. 

Chavez will have to stay with her mom in Los Lunas until trial and follow a list of other conditions.

Chavez is also charged with trafficking controlled substances. Investigators found 200 fentanyl pills and $10,000 in cash in her home.