Self Defense or Murder? Man Charged with Homicide of Unidentified Homeless Man
By: ABQRAW staff
Posted: 12/5/2022 @ 2:02PM
NW Albuquerque - On December 1st, 2022, the Albuquerque Police Department (APD) responded to the scene of an unconscious male at a NW Truck Wash business. When they arrived they found a male in his 20s with obvious signs of trauma and he was pronounced dead on scene.
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Suspect, Nicholas Dee, 39, of Albuquerque was charged with 2nd degree murder.
One witness had originally told us they saw some homeless people jump a man but the man was armed with a gun and he started shooting at the mob attacking him. One man fell to the ground and died and the others fled into the sparse open mesa behind the truck stop. Officers arrived and did have the shooter detained.
APD interviewed witnesses and the shooter, Nicholas Dee, 39, of Albuquerque regarding the incident. According to the criminal complaint, a witness saw homeless individuals were loitering near Coss Truck Wash and observed Dee tell them to leave. A male stood up and punched Dee in the face "hard." Witnesses said Dee produced a revolver and fired at the man who punched him. The witnesses said Dee told them "they socked me," referring to the punch. Witnesses said they heard a total of three shots. A security guard nearby secured the revolver, which was a Taurus .357 revolver, the security officer was wearing latex gloves to preserve the evidence on the gun.
video from the scene
The complaint goes on to say, Dee was interviewed by police and said he approached the homeless group and asked them to leave the area. One of the group members punched Dee and then things got "foggy" and lead to "tunnel vision."
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Homicide detectives secured video recordings of the incident and wrote that they saw Dee getting punched and they witnessed him pulling the revolver out. The group then ran away but the unidentified victim stopped and Dee fired his gun. The detective made note that Dee appeared to be chasing the male while he was still shooting at the fleeing victim.
We found old police records from 2018, where Dee was charged with Aggravated Assault (Deadly Weapon), Conspiracy to Commit Aggravated Assault (Deadly Weapon), and Negligent Use of a Deadly Weapon (Discharge). In that case Dee, discharged a firearm into the ground and into the air over a dispute. In the dispute another individual fired at Dee and wounded Dee in the wrist. The case was dismissed in 2019. The firearm had been taken from Dee and was in evidence from that case. Once the case was dismissed Dee petitioned to get his firearm back from evidence. It appears the gun used in this latest case was the same gun used in 2018.
Dee is now charged with second degree murder in the death of the still unidentified man from this latest case.