May 29—A Santa Fe man accused of shooting and killing his father over the weekend told a county magistrate judge Wednesday, “I am absolutely innocent.”

Zachary Dukette, 34, was arraigned in Santa Fe County Magistrate Court on a charge of first-degree murder in the city’s first criminal homicide case of the year. He is accused of killing 54-year-old James Dukette on family property where he lived on the southwest side of Santa Fe.

Zachary Dukette, who appeared for his arraignment via video from the Santa Fe County jail, also faces a count of tampering with evidence.

Police allege he told officers, “I shot,” when they arrived Saturday at the scene, where his father was lying face-down on the ground in a pool of blood.

A statement of probable cause filed Tuesday in Magistrate Court says he told police his father had tried to strangle him right before he fired a gun. Police wrote in the statement witnesses denied seeing any signs of such force against Zachary Dukette before officers arrived.

When asked at the arraignment whether he preferred to be represented by a public defender or a private attorney, Dukette answered, “It depends on if my family is going to help me hire an attorney.”

Prosecutors filed a motion Wednesday morning requesting a state district judge’s order for Dukette to held in jail until his trial. The motion points to a September incident in which he was charged with assault against a household member after police were called to an altercation between him and his father. James Dukette told officers at the time his son had swung at him twice and missed, according to court records.

The petty misdemeanor charge was dismissed after prosecutors said James Dukette did not show up for a court hearing.

“Although the Defendant has had relatively few interactions with the courts in New Mexico, the Defendant’s history demonstrates that 1) he focused his violent conduct on his father, and 2) that violent conduct included firearms,” the motion states. “The Defendant’s conduct has escalated and has now resulted in his father’s violent death.”

A public safety assessment provided by the First Judicial District Court’s Pretrial Services Division notes Zachary Dukette has no prior felony or misdemeanor convictions in New Mexico. The assessment recommends release.

A judge will determine in coming weeks whether Dukette will remain in jail following a hearing in state District Court.

James Dukette’s wife, who is Zachary Dukette’s stepmother, filed a petition Tuesday requesting a protective order against him, alleging, “Zachary murdered my husband (his father) … I am requesting his eviction and an order of protection.”

The elder Dukette had taken his son’s assault rifles and stored them, fearing his son — whom he had believed suffered from untreated schizophrenia — would shoot him, according to court records and police interviews with James Dukette and his wife.

When reached by phone, James Dukette’s wife declined to comment on the shooting.

James Dukette wrote in a domestic violence petition he filed against his son in October 2023 that he hoped the state’s “red flag law” could be used to prevent Zachary Dukette from buying more guns. Under the Extreme Risk Firearm Protection Order Act, a judge can order a person to relinquish their weapons temporarily due to concerns the person might cause self-harm or harm others.

However, the Santa Fe Police Department has no record of the father ever asking officers to petition a judge for such an order against his son, Capt. Aaron Ortiz said Wednesday.