Dying man told neighbor his brother shot him police say

Detectives say a witness, a shell casing and a recovered rifle quickly shaped the prosecution.

ALBUQUERQUE, N.M. — The criminal case against Benjamin Chess took shape within minutes of a fatal shooting in northeast Albuquerque, with police saying witnesses pointed them to a rifle, a discarded shell casing and a dead man identified as his brother.

By the time the first reports were published, prosecutors had already filed an open count of murder and a tampering-with-evidence charge in the Feb. 26 killing of Adam Chess, 54. That charging posture matters because it gives the state room to define its murder theory later while relying, for now, on the basics of the encounter, the witness timeline and the physical trail detectives say they found at the apartment.

The legal posture came first. Benjamin Chess, 55, was booked into the Metro Detention Center after detectives said he admitted shooting his brother at an apartment on Palo Verde Drive NE. Prosecutors asked that he be held without bond, according to reports that cited court records, though no future court date was publicly listed in the first days after the arrest. In New Mexico, an open count of murder does not lock prosecutors into one specific theory at the charging stage. Instead, it preserves flexibility while investigators and prosecutors review statements, forensic testing and the circumstances of the killing. The additional tampering allegation suggests the state believes conduct after the gunshot matters almost as much as the shooting itself, at least in the early paperwork.

Police said the evidence trail began outside the apartment complex. A neighbor who called 911 told officers that Adam Chess stumbled out and said his brother had shot him. The same neighbor said that while the emergency call was still underway, he watched Benjamin Chess carry a trash bag from the apartment and place it in a receptacle. Detectives later obtained a search warrant and said they recovered a single .243-caliber shell casing from that bag. They also said they found a .243-caliber bolt-action rifle in a hallway laundry basket. According to investigators, the rifle appeared to have been cycled, which they said was consistent with removal of a spent casing. Those details gave detectives a direct narrative link between the shot, the movement inside the apartment and the evidence they say was discarded.

The police reconstruction of the final hour added emotional motive language but left major gaps. Benjamin Chess told detectives, according to police, that Adam had a history of daily drinking and starting confrontations. He described his brother as the black sheep of the family and said that behavior was “slowly killing us all.” Police also said Benjamin told them he remembered Adam returning to the apartment and pounding on the door that evening. He said he felt overwhelmed, remembered going down the hallway and shooting Adam, but did not remember taking the rifle from its case or loading it. He also told police he did not recall removing the shell casing and throwing it away. That mix of admission and claimed memory loss is likely to become important if the case turns on intent, state of mind or any effort by the defense to narrow criminal liability.

Other witnesses described a home already strained by repeated conflict. The brothers’ aunt, who lived at the apartment and was identified by police as the host, said Benjamin was staying with her and Adam came over from time to time. She told detectives the brothers often fought when Adam stayed there. On the night of the shooting, she said, she heard them arguing and saw Adam charge at Benjamin, but she did not see either man with a weapon. She went inside and later heard a loud bang. When she looked again, police said, she saw Benjamin place a brown rifle into a laundry basket in the hallway. That account places the shot within an argument but does not, by itself, answer the central unresolved question: whether there was any immediate threat that could support a self-defense claim.

The physical setting was ordinary and tight, the kind of place where movement from a doorway to a hallway to a parking lot can unfold in seconds. The apartment sits in the Northeast Heights area near Candelaria Road and Tramway Boulevard. Officers were dispatched at about 6:55 p.m. and found Adam outside Apartment A, where he was pronounced dead. Police said Benjamin was lying next to him on the ground when they arrived. Reports did not indicate traffic closures or a wider public safety emergency. Instead, the investigation settled quickly into the familiar steps of a homicide case: securing the scene, collecting witness statements, obtaining a warrant and moving the suspect into custody while prosecutors prepared charges.

What comes next is likely to be slower and more technical than the first police account. Detectives may still await lab testing, formal autopsy findings and additional witness interviews. Prosecutors will eventually need to decide how to frame the murder count, and the defense will have to answer the evidence-tampering allegation and the statements Benjamin Chess is accused of making. For now, the state’s version of events rests on a compact set of facts gathered within hours of the shooting and expected to be tested in court.

Author note: Last updated March 31, 2026.