New Mexico man shoots cousin dead after argument over which enchiladas had hotter green chile | World News
A New Mexico man shot his cousin dead after a drunken argument over the spiciness of green chile on their enchiladas escalated into a physical fight and then a fatal shooting at an Albuquerque apartment complex, according to police and court documents. Ervin Joaquin Gutierrez, 22, was arrested on an open count of murder following the death of his cousin Nathaniel Cavazos, 25, on August 27. The two relatives had reportedly spent the evening cooking green enchiladas and drinking alcohol when Gutierrez repeatedly argued that the chile on his plate was hotter than the chile on Cavazos’ enchiladas. The dispute eventually turned physical, with Cavazos allegedly punching Gutierrez before the confrontation ended. Investigators say Gutierrez later pulled out a handgun and fired several shots as Cavazos walked away.
Argument begins over the heat of green chile
According to an arrest-warrant affidavit, Gutierrez had gone to the Albuquerque apartment that afternoon to visit Cavazos and another cousin. The three relatives reportedly went grocery shopping before returning to the residence, where they prepared green enchiladas and drank alcohol together. What began as an ordinary family gathering reportedly became tense when Gutierrez repeatedly insisted that the green chile on his enchiladas was hotter than the chile on Cavazos’ plate. He allegedly challenged Cavazos to taste some of his food, while Cavazos reportedly argued that the enchiladas had been prepared with the same chile. The disagreement continued as the men drank, eventually turning into a confrontation outside the apartment.
Family member tries to calm the situation
A third cousin who witnessed the events reportedly attempted to prevent the argument from escalating. According to the affidavit, the relative suggested taking his dog for a walk to get Gutierrez and Cavazos away from the dispute and give them a chance to cool down. The attempt apparently failed, however, as the disagreement continued after the men left the immediate area of the apartment. The argument eventually turned into a physical altercation between Gutierrez and Cavazos.
Fistfight turns the confrontation violent
The witness told investigators that Cavazos punched Gutierrez during the fight, leaving Gutierrez bleeding. The two men eventually stopped fighting, but the confrontation did not end there. According to the witness account cited in the affidavit, Cavazos began walking away from Gutierrez after the physical fight had ended. He was reportedly about 10 feet away from Gutierrez at that point and was not holding a weapon in his hands.Investigators allege that Gutierrez then produced a handgun and confronted Cavazos. The witness reportedly heard Gutierrez say, “We’re family! We’re family! How could you do this to me?” before he allegedly fired several shots. According to the affidavit, Gutierrez fired three or four times from roughly 10 feet away, striking Cavazos. The witness reportedly told police that Cavazos was hit in the back while he was walking away. Gutierrez then allegedly fled the apartment complex.
Police find Cavazos wounded
Police were called to the Copper Hills apartment complex shortly before 11pm following reports of a shooting. Officers found Cavazos unresponsive on a walkway between apartment buildings and discovered him lying in a pool of blood. He had suffered gunshot wounds and was pronounced dead at the scene. Investigators subsequently began working to establish what had happened during the confrontation and locate Gutierrez, who had left the area after the shooting.Investigators also reportedly recovered a handgun believed to have belonged to Cavazos near his body. The weapon was found approximately 10 yards away, according to the arrest-warrant account. The discovery could become important as the case develops because Gutierrez allegedly claimed that he feared Cavazos would kill him. However, the witness told investigators that Cavazos was not holding the gun when Gutierrez allegedly fired and that he was walking away after the physical fight.The conflicting circumstances could make the question of self-defence an important issue in the case. The presence of Cavazos’ firearm may be relevant to Gutierrez’s account of what he believed was happening, while the witness description of Cavazos walking away could be significant to prosecutors. The available information does not establish whether Cavazos had displayed or used the firearm earlier in the confrontation.
Snapchat message allegedly sent after shooting
Investigators reportedly obtained a Snapchat message allegedly sent by Gutierrez after he fled the scene. According to the affidavit, Gutierrez asked whether Cavazos was really dead and then wrote, “I did not want to kill him, but I didn’t want him to kill me.”The alleged message is potentially significant because it appears to acknowledge Gutierrez’s involvement while also providing his explanation for why he fired the gun. His statement that he feared being killed could form part of a possible self-defence argument, although the ultimate legal significance of the message will depend on the evidence presented in court.
Gutierrez later surrenders to police
Gutierrez did not remain at the apartment complex after the shooting. He reportedly fled the scene before later surrendering to Albuquerque police on Friday. He was subsequently arrested and booked into the Metropolitan Detention Center on an open count of murder.The arrest came a day after Cavazos was killed. Gutierrez later appeared in court as the case moved forward through the criminal justice system.
