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Shortly after 11 p.m. on the night of October 8, Rio Rancho, New Mexico, Municipal Judge Calvin Shields, a former chief of police, let his dogs out in the backyard and saw a man, later identified as Michael Tinervia, looking in a window. The October 18 Rio Rancho Observer reported that Judge Shields told Tinervia to leave. The judge then had his wife call 911 before getting a gun and going back outside.
John Francis, spokesman for the Rio Rancho Department of Public Safety, one of the agencies investigating the incident, told the Observer that when Judge Shields went back outside, Tinervia shot at him. The judge returned fire, and both men emptied their guns.
Tinervia was killed, but luckily, the judge narrowly escaped serious injury: "One of the deceased's rounds went through the judge's ...