ALBUQUERQUE, NM — On the evening of October 1, 2024, a security guard working at the Children, Youth, and Families Department (CYFD) building in Albuquerque was involved in a shooting after being attacked with bear spray.
According to the New Mexico State Police, at approximately 7:30 p.m., the security guard, employed by Securitas Security Services, encountered 36-year-old Casey McCray sleeping on the premises of the CYFD building, located at 4501 Indian School Road NE. The guard informed McCray that he was trespassing and needed to vacate the property.
In response, McCray retrieved a canister of bear spray from his backpack and sprayed the guard. The security guard then fired at least one round from his duty firearm, striking McCray.
When officers from the New Mexico State Police arrived at the scene, they immediately rendered life-saving aid until EMS personnel could arrive. McCray was transported to a local hospital, where he is reported to be in stable condition. The security guard was interviewed and later released. The case remains under investigation by the New Mexico State Police Investigations Bureau.
The Legalities of Using a Firearm in Response to Pepper Spray Attacks
When evaluating the use of deadly force in self-defense situations involving non-lethal weapons such as pepper spray, the key issue is whether the defender reasonably believes they are facing an imminent threat of serious bodily harm or death. Pepper spray or bear spray is typically considered a non-lethal weapon. However, certain circumstances—such as being incapacitated in a vulnerable situation—could escalate the threat, potentially justifying the use of a firearm.
In this case, the security guard may argue that after being hit with bear spray, he feared further escalation of violence from McCray. Bear spray can cause temporary blindness, disorientation, and severe respiratory distress, leaving a victim unable to defend themselves if the attacker escalates. The guard’s immediate reaction to fire his weapon may be justified depending on whether he believed he was in immediate danger of being overpowered or suffering further harm.
However, in many jurisdictions, the use of deadly force must be proportionate to the threat presented. Legal scrutiny will focus on whether the guard’s perception of danger justified the use of his firearm after being sprayed with a non-lethal irritant.
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