Two middle-aged men turned themselves in last March after one used a gun to kill a man at the Bernalillo Allsup’s. One of those men, Daniel Benjamin McClellan, of Albuquerque, now faces a March trial for first-degree murder and tampering with evidence.

According to a report filed by Bernalillo Police, Kyle Smock was shot in the chest at the Bernalillo Allsup’s on Feb. 28, 2022, by a suspect, identified as McClellan, driving a Mitsubishi Mirage. He was accompanied by another man, and the two drove off after the incident.

The female clerk told police that she was working the register when the two suspects came into the store and that shortly after a woman came in complaining of a guy that was bothering her outside.

The clerk said one of the men who came in asked the woman if she wanted him to scare the guy off because he had a Glock pistol in the car. The two men left the store after buying their drinks.

Daniel McClellan (Photo from town of Bernalillo)

The clerk then heard the gunshot and saw Smock on the ground bleeding.

The two men then left in a silver car, and the woman left in her car.

Emergency medical services and police attempted to save Smock when they arrived but were unsuccessful.

Allsup’s provided video footage of the incident, which the town of Bernalillo used on Facebook to find the suspects.

McClellan, the suspect who shot the gun, saw the Facebook post and decided to turn himself in.

He and the other suspect, Isaiah Gallegos, identified in the complaint as McClellan’s cousin, were interviewed by police. The investigation revealed that McClellan and the other suspect saw Smock yell at the woman. McClellan picked up the pistol. The other suspect told him not to use it, but McClellan fired anyway.

McClellan told police that he freaked out and dropped the weapon in his lap. The two drove off because they didn’t know what to do. McClellan was going to talk to his wife before he turned himself in when he saw the Facebook post.

According to the 13th Judicial District Court, McClellan’s case will go to a jury trial March 14. He is being detained at Sandoval County Detention Center. No cases related to this incident could be found for Gallegos on New Mexico Courts case lookup.