ALBUQUERQUE, N.M. – In January, police arrested a group of teenagers in a deadly attempted robbery at a northeast Albuquerque apartment complex.

Police said they tried to rob a couple. They allegedly shot the woman, then her husband shot back and killed 14-year-old Alonzo Sanderson.

Some of the teenage suspects in the case aren’t even old enough to drive, including 14-year-old Elijah Gutierrez. Court documents show he has a history of violent allegations, but not a lot of consequences.

Court records show Gutierrez has faced serious charges in four other cases since 2022, when he was just 12-years-old. They include allegations of shooting at an apartment, having a stolen car, selling drugs and battery. But through the years of his alleged crimes, his consequences have ultimately been probation and going home to mom.

It’s because of a Dismiss Based on Competency order filed many times in Gutierrez’s life.

“The fundamental test is the ability to assist in one’s defense that may have to do with understanding reality, the other is the ability to understand right from wrong,” UNM Law Professor Joshua Kastenberg said.

Kastenberg said a judge is more likely to deem a juvenile incompetent because of brain development. While it may be the right ruling, some argue it’s not always the safest.

“What’s not fair to the public is there’s not a place to put someone who is considered dangerous yet not competent to assist in their own defense or competent to go to trial,” he said.

Bernalillo County District Attorney Sam Bregman agrees. He’s been rallying lawmakers to change our Children’s Code for months.

“If we have someone who continues to commit crimes and the cases are dismissed because of their competency issues, and they’re let back on the street and committing more crimes. At some point we have to say enough is enough and if necessary they need to be forced into some treatment to get them better,” Bregman said.

But Kastenberg said that standard is even more difficult with juvenile suspects. There may not be a way to change their competency cycle until it’s too late.

“The best scenario for public safety that can come out of this is also the worst scenario. That is as adults they get caught attempting to commit or commit another crime, and now they’re deemed competent,” he said.