ALBUQUERQUE, N.M. — A truck wash employee who shot and killed a homeless man while at work was back in court Thursday.

Nicholas Dee is getting a plea deal for admitting to pulling the trigger after trying to get a group of homeless people to leave the property.

The shooting happened on Dec. 1, 2022, at Coss Truck Wash near 98th Street in Albuquerque.

“Mr. Garcia did punch Mr. Dee in the face and Mr. Dee responded by pulling a gun out of his right hip holster and shooting Mr. Garcia twice,” said Derek Berg, prosecutor. “Mr. Garcia died as a result of the gunshot wounds.”

In the plea hearing, the state claimed he pulled the trigger without lawful justification or excuse.

All parties agreed that a minimum of seven years and a maximum of 12 years behind bars would be in everyone’s best interest.

“He shot Mr. Garcia from close range knowing that doing so would cause death or have a strong probability of doing so,” Berg said. “This was done upon a sudden quarrel which is why it is second-degree, if this were to go to trial the state would be able to prove this without unreasonable doubt.”

Now, Dee must wait for his sentencing date.

The victim’s mother was also on the Zoom call for the court hearing. She did not speak, but the state said they went over the plea deal with her as well before the hearing Thursday.