A New Mexico man is accused of fatally shooting his cousin after an evening of drinking escalated from an argument over enchiladas into a fistfight, according to an arrest warrant.
Ervin Joaquin Gutierrez, 22, is charged with an open count of murder in the Aug. 27 killing of Nathaniel Cavazos at an apartment complex in Albuquerque.
Gutierrez was arrested by Albuquerque police Friday evening and booked into the Metropolitan Detention Center shortly after midnight Saturday, according to jail records. He is being held on an open count of murder.
Albuquerque police responded to a shooting shortly before 11 p.m. and found Cavazos unresponsive in a pool of blood on the walkway between apartment buildings. He had been shot at least once and died from his injuries, according to the warrant affidavit.
A cousin of both men who told police he witnessed the shooting said Gutierrez had arrived earlier that afternoon to visit. The three later bought groceries, returned to the apartment and cooked green enchiladas while drinking alcohol, according to the affidavit.
The witness told authorities tension began when Gutierrez repeatedly claimed the chile on his enchiladas was hotter than the chile on Cavazos’ plate and challenged him to eat some. Cavazos responded that they had all eaten the same enchiladas, so the chile should be equally hot. The men continued arguing after the witness suggested they take his dog for a walk.
Eventually, Cavazos punched Gutierrez, and the two fought, according to the witness’ account. Cavazos struck Gutierrez enough to leave him bleeding before the fight ended and Cavazos began walking away, according to the affidavit.
Gutierrez then allegedly pulled out a handgun and confronted Cavazos, saying, “We’re family! We’re family! How could you do this to me?” the witness told investigators.
The witness said Cavazos was about 10 feet away and was not holding a weapon when Gutierrez fired three or four times, striking him in the back. Gutierrez then fled, according to the affidavit.
Police said the witness showed investigators a Snapchat message in which Gutierrez allegedly said Cavazos had threatened his life.
“Is he really dead?” Gutierrez allegedly wrote. “I did not want to kill him but i didn’t want him to kill me.”
Investigators said a handgun belonging to Cavazos was found at least 10 yards from his body.
