Son accused of killing father; red flag gun law concerns raised
By Alyssa Munoz
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SANTA FE, New Mexico (KOAT) — A man in Santa Fe has been arrested after being accused of shooting his father, something his father had worried about months before.
On May 28, Santa Fe police responded to Morning Drive after they received a call about shots being fired. On scene, police say they found the father, James Dukette, 54, bleeding on the ground. Police reports say the son, Zachary Dukette, 34, told officers on the scene, “I shot.”
James was transported to the hospital with two gunshot wounds, where he later died. During police interviews, James’ wife stated both the son and father had a “rocky” relationship, adding before this incident, James took all of Zachary’s guns away and paid him for them.
According to court documents, Zachary was charged with assault against a household member back in September 2023 after he got into a fight with his dad. The case was dismissed. During that same time, James submitted a petition for an order of protection from domestic abuse.
In the petition, James asked for the red flag law to prevent Zachary from buying any more firearms, adding, “Zach has not made any direct threats toward me with the proposed use of firearms, but he has talked to his mom about shooting me. I have been afraid because he now has been seen at the gun shop to purchase new guns.”
“The red flag law lets people who fear that someone in their family, for example, who has access to firearms, might be an immediate threat,” said KOAT Legal Expert John Day. “It basically allows law enforcement to go to a judge and say we need a temporary order to go in and take these guns from this family member until the threat passes.”
However, in this case, there was no red flag law put in place.
“It does highlight what could have happened. For example, when the courts get this petition for a domestic violence restraining order, could that have triggered someone to take a closer look? Could law enforcement have done something else down the road?” Day said. “This is an example of something that theoretically could have saved somebody’s life if somebody had taken the time and the effort to get a red flag law seizure in place.”
Day also said there seems to be a disconnect between the courts and law enforcement when it comes to the red flag law to get it implemented.
Zachary’s next court hearing is expected to be on June 11, he has been charged with first degree murder and tampering with evidence.
We asked Santa Fe police for an interview, but they said no one was available today.
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