Daniel Gardner

Daniel Gardner, a 37-year-old White man from Albuquerque, New Mexico, was the unintended victim of a fatal drive-by shooting in the summer of 2022. His death was the result of a violent dispute in which he had no part.

On the afternoon of August 16, 2022, Gardner was standing with a group of about six people in the parking lot of the Pussycat Video store on Central Avenue NE. Around 1 p.m., a white Lincoln Navigator approached the group. The driver, who was alone in the vehicle, leaned across the empty passenger seat and fired a shot through the window. The bullet struck Gardner, who was rushed to a local hospital in critical condition. He survived for several weeks before succumbing to his injuries on September 9, 2022.

The Albuquerque Police Department’s investigation soon revealed that Daniel Gardner was an innocent bystander. Detectives determined the shooter was targeting another man in the group, known only as "Florida." The conflict had begun two days earlier, on August 14, when the shooter had gotten into a fight with "Florida" at the Adam Food Market across the street. That altercation escalated, and the suspect shot "Florida" in the arm. When the gunman returned two days later, he was apparently trying to shoot "Florida" again but hit Gardner instead.

Using surveillance video and evidence from the suspect’s cell phone, investigators identified the shooter as Pedro Larringa-Herrera. They secured an arrest warrant for him in December 2022. On March 29, 2023, APD detectives located the 51-year-old Larringa-Herrera at a home and took him into custody.

Larringa-Herrera was charged with first-degree murder, aggravated battery, and two counts of attempted tampering with evidence. During his trial, prosecutors laid out the events leading to the shooting, arguing that Gardner was killed by a bullet meant for someone else. The defense maintained Larringa-Herrera’s innocence, pointing to a lack of physical evidence such as a weapon or a confession.

In June 2024, a jury convicted Pedro Larringa-Herrera on all charges. On July 3, 2024, a judge sentenced him to life in prison plus an additional 10 years. Under the terms of the sentence for first-degree murder, he must serve at least 30 years before becoming eligible for parole. The case was officially solved as of July 2024.