Police say Uber driver Clayton Benedict shot and killed a passenger on the side of Interstate 25 near Montaño after an argument on March 17. Benedict has not been charged.( Adolphe Pierre-Louis/Journal)
apl031719g/ASECTION/pierre-louis/JOURNAL/031719 Albuquerque Police Officers investigate a fatal shooting on Southbound I 25 near the Montano onramp Photographed on Sunday March 17 2019/Adolphe Pierre-Louis/Journal dhanson@abqjournal.com Mon Mar 18 17:35:22 -0600 2019 1552952121 FILENAME: 1420126.jpg

New Mexico, U.S.A. — The District Attorney’s Office filed a case against Uber driver Clayton Benedict in 2nd Judicial District Court on Monday.

According to police, the 32-year old driver shot 27-year old James Porter after an argument over vomit and a cleanup fee.

Porter’s friend threw up in the back seat after celebrating St. Patrick’s Day. This resulted in an argument between Porter and Benedict about the “cleanup fee.”

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Subsequently, the Uber driver pulled over on the side of southbound Interstate 25. Porter then got out of the car, slamming the door.

Moreover, Porter allegedly continued to yell at Benedict, causing him to also exit the car. Benedict claims Porter walked around the car, took off his shoes and threw it to him.

Benedict then pulled out a gun from the holster and told Porter to back up. Instead, Porter began running toward traffic and then threatened to run Benedict over with his own car.

The victim proceeded and “reached towards the vehicle and begins to get into the vehicle.”

Consequently, Benedict pulled the trigger on Porter.

The autopsy report shows that the passenger was shot on the back five times. Only one was considered not lethal.

When police arrived at the scene, both Benedict and Porter’s friend were there. The Albuquerque Police Department took them in for some interview.

Police released the Uber driver from custody after his interview. Detectives continued to investigate.

A representative of Porter’s estate filed a lawsuit against Uber and Benedict. They claim that the company was negligent in the hiring, retaining and supervising of the driver. The lawsuit is still pending.

A preliminary hearing will take place on July 25. It will be determined whether there is probable cause to support the charges.

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