Man accused of firing handgun at his brother in Las Cruces New Year’s Eve confrontation

A Las Cruces man is facing felony charges after police say he fired a handgun at his brother during a New Year’s Eve confrontation, according to court records.

Man accused of firing handgun at his brother in Las Cruces New Year’s Eve confrontation
(Tingey Injury Law Firm / Unsplash)

Court records say police recovered a handgun and shell casing after responding to a shots-fired call at a Talon Drive home.

Organ Mountain News report

LAS CRUCES - A Las Cruces man is facing multiple felony charges after police say he pointed a handgun at his brother and fired a shot during a confrontation at a Talon Drive home on New Year’s Eve, according to court records.

Timothy Feagin, 38, was arrested early Jan. 1 and charged in Doña Ana County Magistrate Court with aggravated assault with a deadly weapon, aggravated battery with a deadly weapon and negligent use of a deadly weapon.

According to a statement of probable cause, Las Cruces police were dispatched to a home in the 3700 block of Talon Drive at about 11:29 p.m. Dec. 31 for a report of shots fired. Officers arrived and made contact with Feagin’s brother, who told police he had gone to the home after Feagin invited him over.

Police say Feagin’s brother reported that Feagin retrieved a black handgun from his waistband, racked the slide and pressed the muzzle against his chest. When the man attempted to leave the home, police say Feagin fired a shot in his direction.

According to the statement, Feagin continued pointing the handgun at his brother from an estimated distance of 10 to 15 feet as the man reached his vehicle. The man was not injured.

Officers recovered a spent 9mm shell casing near the front gate of the property and later located a black 9mm Ruger handgun inside the residence. Police say Feagin’s wife consented to a search of the home and identified the firearm as belonging to Feagin. The handgun’s caliber matched the recovered shell casing, according to court records.

Timothy Feagin (Courtesy photo / Doña Ana County Detention Center)

A criminal complaint filed Jan. 2 lists Feagin’s brother as the alleged victim but does not name him. The charges stem from a single incident and are based on police interviews and physical evidence collected at the scene.

A public safety assessment conducted after Feagin’s arrest rated him as low risk for failure to appear in court or for committing new violent offenses and recommended release on his own recognizance. Court records show no prior felony convictions.

The case remains pending in magistrate court.

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