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ALBUQUERQUE, N.M. — The man shot and killed while breaking into a foothills home earlier this month has been identified as 22-year-old Clayton Jenkins.

According to a search warrant affidavit filed in 2nd Judicial District Court, around 5:30 a.m. on Oct. 4 a woman called police to say her boyfriend, Christopher Rivera, had shot a man who was breaking into their home in the 400 block of Avital NE, near Tramway and Copper. She said the man was now lying in the driveway.

When officers arrived they said they found Jenkins dead with a blue plastic putty knife – commonly used to break into cars and homes – near his body. There were “defects” to his back, according to the affidavit.

Jenkins does not have any criminal history in New Mexico, according to online court records.

When detectives interviewed Rivera he told them the home’s security system alerted them to someone trying to break in so he armed himself with a handgun and went to check the garage.

“The unknown male had an object in his hand,” the detective wrote in the affidavit. “Christopher yelled at the intruder to get down on the ground and the male yelled something back at him. Christopher identified the object in the intruder’s hand as a rock and fired his handgun twice.”

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Rivera was not arrested and the case was forwarded to the District Attorney’s Office to determine if charges should be filed or if the shooting was in self-defense.