Jun. 17—Daniel Gardner was fatally shot by gunfire intended for another man, prosecutors told jurors Monday on the first day of Pedro Larringa-Herrera’s murder trial.

Larringa-Herrera, 53, is charged with first-degree murder and other counts for fatally shooting Gardner, 37, who was standing with a group of men outside a Central Avenue video store on Aug. 16, 2022.

The 2nd Judicial District Court trial is scheduled through Monday before Judge Cindy Leos.

Prosecutor Emilie Edmonds said in opening statements that the events that led to Gardner’s shooting began two days earlier with a dispute between Larrenga-Herrera and another man he knew as “Florida.”

On Aug. 14, 2022, Larringa-Herrera shot and injured “Florida” during a dispute outside the Adam Food Market, Edmonds told jurors.

Adam Food Market, at Central Avenue and Pennsylvania, is a convenience store notorious for open-air drug use.

“During this altercation, you are going to find out that (Larringa-Herrera) shot Florida in the arm,” she said.

Two days later, Gardner was fatally shot while he, “Florida” and others were standing outside the Pussycat Video store, located across the street from Adam Food Market, Edmonds told jurors.

“As they are standing there talking, a white Lincoln Navigator drives by,” she said. “As it’s driving by, someone in the car starts shooting.”

Larringa-Herrera was the driver and only occupant of the Lincoln Navigator and was arrested driving the vehicle just hours after the fatal shooting, Edmonds said.

Gardner died of his injuries at a hospital about three weeks after he was shot, she said.

Larringa-Herrera’s attorney, Edward Bustamante, said in opening statements that his client has steadfastly denied his involvement in Gardner’s death.

Prosecutors have no weapon that can tie Larringa-Herrera to the shooting, Bustamante told jurors.

“There are no admissions from my client,” he said. “There’s no gun. There are no ballistics to match to him. What the state will present to you is, in our opinion, suggestion, a hint.”

Police seized Larringa-Herrera’s cell phone at the time of his arrest. Prosecutors contend the cell phone was in the area at the time of the shooting.

“There were probably thousands of phones in that area” at the time of the shooting, Bustamante told jurors.

Tomas Urioste, an Albuquerque Police Department officer, testified Monday that he found Gardner lying on the sidewalk in front of the Pussycat Video at the corner of Central and Pennsylvania NE. Gardner was conscious at the time, with apparent gunshot wounds to the arm and chest, he said.

Police obtained surveillance video and identified a white Lincoln Navigator SUV with a legible license plate as the vehicle used in the shooting, Urioste said.

According to a criminal complaint, the video showed the SUV driving west on Central and making a right turn onto Pennsylvania before nearly coming to a complete stop at the north end of the Pussycat Video building at 7901 Central.

The vehicle rolled up to a group of six people standing beside the building, the complaint said.

The driver appears to lean over the empty passenger seat and fire at the group through the open passenger-side window, it said.

Gardner was struck by gunfire and ran a short distance toward Central before he collapsed.

Later that day, officers stopped the SUV, which was operated by Larringa-Herrera. Police seized the car and Larringa-Herrera’s cell phone.

According to a criminal complaint filed in Bernalillo County Metro Court, Larringa-Herrera exchanged messages by cell phone in the days prior to the killing indicating he had an ongoing argument with a man he called “Florida.”

Larringa-Herrera allegedly sent an instant message to a friend on Aug. 14, 2022, two days before the killing that said, “Hiding. I shot at this vato early at the in and out store.”

The In and Out store is a former name of Adam Food Market, Urioste said.

Other messages, translated from Spanish, indicated that Larringa-Herrera had fought with “the black guy called Florida” and shot at him outside Adam Food Market.