Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. From the onset of New Mexico jurisprudence, first-degree murder convictions have been appealed directly to this Court, and even after the creation of the Court of Appeals, this Court retained this crucial area of jurisdiction. Watch me LIVE every Wednesday & Thursday . However, the following excerpt preceded both of those identified by Defendant and clearly demonstrates that Ortega identified the Defendant as the second shooter without improper testimony from the prosecutor: Q. Either out of fear of gang retaliation or out of familial loyalty to Allison, Ortiz had every motive to be less than candid with the police. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. Q. In order to find the Defendant guilty, the State had to prove beyond a reasonable doubt that Defendant willfully shot a firearm at a dwelling or an occupied building. However, this argument does not adequately take into account the fact that Ortiz did not have to implicate his cousin at all. Defendant argues there is insufficient evidence to establish elements one and three beyond a reasonable doubt-that Defendant intended for Allison to shoot and kill Mendez and that Defendant helped or encouraged him to do it. {36} It is the absence of evidence on this point that convinces us that Defendant did not willfully discharge the gun at a dwelling or occupied building or agree with another person to commit such a crime. Defense counsel did not timely object to this line of questioning. See 5 Jack B. Weinstein & Margaret A. Berger, Weinsteins's Federal Evidence 807.03[4], at 807-26 (Joseph M. McLaughlin ed., 2d ed. Rather, we must place it in the context of the entire record. We also note that in a recent opinion this Court unanimously concluded that the district court, under the same exact facts, did not abuse its discretion by admitting Ortiz's prior statement under Rule 11-803(X). 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. {39} Defendant claims that the following flaws in defense counsel's performance resulted in ineffective assistance: counsel was unprepared to start trial, he failed to review jury questionnaires prior to jury selection, he failed to complete his interview with Ortega, he failed to interview, secure the presence of, or secure a continuance until such time as Canas could be located, he failed to object to prejudicial hearsay statements, he elicited highly prejudicial evidence against his own client, and he failed to challenge an indictment for a nonexistent crime. According to Ortiz, even though the bigger guy asked for the gun, the little guy did not want to give it to him, telling the four down below, You guys think I'm joking, before he began shooting. It is unlikely that either the drafters of Article VI, Section 2 of the New Mexico Constitution, or this Court when it adopted Rule 12-102(A)(1), considered, or even foresaw, this issue when adopting the language limiting our mandatory appellate jurisdiction for criminal appeals to only those [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. {57} Defendant also asserts that the prosecutor repeatedly asked Ortiz inflammatory and irrelevant questions about his experiences as a gang member and his fear of retaliation, serving to arouse the jurors' prejudices and make Defendant look guilty by association. Ortega testified that he heard someone on the balcony ask them what they were doing in their barrio-meaning the Barelas barrio-and that he was talking to Canas, Ortega and Mendez, all Juaritos. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. Chris Trujillo, the Owner, is personally available to you throughout the time that we are caring for your loved one as well as when the service concludes. 11/21/2022 11:53 PM. Family and friends can send flowers and/or light a candle as a loving gesture for their loved one. This Constitutional provision is buttressed by Rule 12-102(A)(1) and NMSA 1978, 34-5-8(A)(3) (1983) which reiterate this limitation to our jurisdiction. We therefore reverse Defendant's convictions for conspiracy to commit shooting at a dwelling or occupied building (great bodily harm), conspiracy to commit shooting at a dwelling or occupied building (resulting in injury), shooting at a dwelling or occupied building (no injury), and conspiracy to commit shooting at a dwelling or occupied building (no injury). ALBUQUERQUE, N.M. (KRQE) - Carlos Trujillo enjoyed football and wrestling as a kid growing up in Albuquerque but he needed something with more juice. There was nothing in his statement that indicated that any of the shots had been fired at any building. Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. He earned his wings too soon on May 4, 2021. In other words, if a statement is inadmissible under a prior hearsay exception, the statement may nonetheless be considered for admission under the catch-all exception. United States v. Earles, 113 F.3d 796, 800 (8th Cir.1997). We do not find the trial court's decision to be arbitrary, capricious, or beyond reason. As you look at Silly here in the courtroom today, is his skin-the skin on his face the same or different than it was back then? Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. And then Silly over here took the gun? Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. There is no question that Mendez's death was caused by a depraved-mind act, the hail of bullets from the balcony. There, after the witness stated that she could not recall exactly what happened, the prosecutor, over instruction from the court, lead the witness with the only evidence adduced at trial which would support the charge of criminal sexual penetration in the first-degree. He stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. We conclude that Defendant's gang membership was undisputed by the defense and that the State used evidence of gangs to the extent that it was relevant to its case. Defendant argues that the only evidence presented at trial suggesting that he was the one who shot directly at Mendez was improperly before the court and that no evidence supports the finding that Defendant intended that Allison shoot Mendez or that he encouraged him to shoot. {53} Defendant argues that the prosecutor improperly led Ortega on the crucial issue of identification, undermining the truth-finding process and violating principles of fundamental fairness. He testified that he had planned to meet up with Mendez at the apartments on the day of the shooting and that soon after he arrived he heard an argument and gunshots. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. March 02, 2023 8:32 PM EST. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. Despite Defendant's objections, the court admitted the evidence pursuant to Rules 11-803(E), 11-803(X), 11-804(A)(3), and 11-612 NMRA 2002. online Voody Load 2022 Page 3. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. About. Select the best result to find their address, phone number, relatives, and public records. Inmate Profiles . 3375, 87 L.Ed.2d 481 (1985)). {49} When an issue of prosecutorial misconduct is properly preserved by a timely objection at trial, we review the trial court's ruling on this issue under the deferential abuse of discretion standard because the trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. We are unpersuaded by Defendant's arguments and find that there was sufficient evidence at trial to convict Defendant of first-degree depraved-mind murder. Because none of the other rules upon which the State relied appear to be applicable, I would reverse the convictions of depraved mind murder, aggravated assault, and conspiracy to commit aggravated battery, and remand for a new trial on these counts. Pursuant to NMSA 1978, 30-2-1(A)(3) (1994) (first-degree depraved-mind murder); 30-2-1(A)(3) and NMSA 1978, 30-28-2(B)(1) (1979) (conspiracy to commit first-degree depraved-mind murder); NMSA 1978, 30-3-2(A) (1963) and NMSA 1978, 31-18-16 (1993) (aggravated assault); NMSA 1978, 30-3-5(A) & (C) (1969) and NMSA 1978, 30-28-2(B)(3) (1979) (conspiracy to commit aggravated battery); NMSA 1978, 30-3-8(A) (1993) and NMSA 1978, 30-28-2(B)(2) (1979) (conspiracy to commit shooting at a dwelling or occupied building (great bodily harm)); 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (resulting in injury)); 30-3-8 (shooting at a dwelling or occupied building (no injury)); and 30-3-8(A) and 30-28-2(B)(3) (conspiracy to commit shooting at a dwelling or occupied building (no injury)). However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. Defense counsel was apparently not timely informed that they had been brought in and, therefore, did not have an opportunity to interview them at that time. See Garcia, 114 N.M. at 274, 837 P.2d at 867. Christopher John Trujillo was born on March 30, 1991. I therefore also concur in parts IV, VIII, IX and XI. Based on the evidence summarized below, we conclude the State met its evidentiary burden. We conclude, however, that the alleged instances of prosecutorial misconduct in this case do not rise to the level of reversible or fundamental error regardless of whether they are considered individually or cumulatively. Did he fire all the shots? {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. State v. Allison, 2000-NMSC-027, 27-31, 129 N.M. 566, 11 P.3d 141. As noted above, Mendez then responded, we can go anywhere we want, Juaritos. We find that the passing of the gun between Allison and Defendant and the evidence of a verbal conflict between the competing gang members immediately preceding the shooting is sufficient evidence for a rational jury to find beyond a reasonable doubt that either by words or acts there was an agreement to shoot at the men located below the balcony with a deadly weapon. Do you know how many shots Charlie fired? When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. {51} The trial judge denied Defendant's motion to dismiss on the basis that it came down to a swearing match between the two attorneys and she found no prejudice to the Defendant. Chris Trujillo Agent, Farm Bureau Financial Services | Las Cruces NM In this case Ortiz described seeing a big guy and a little guy. He also described what each was wearing and told how the big guy asked for the gun, but the little guy did not want to give it to him. Accordingly, we conclude that a thirty year sentence with the opportunity for good time was authorized by statute and not constitutionally disproportionate to the crimes involved. Although accessory liability might make Defendant legally culpable whether or not he fired the fatal shots, I think it is fair to say that most people would view a shooter who missed his target less culpable than one who slays his target. Contact Number . For example, the prosecutor asked: Q. {76} The majority also reasons that because Ortiz put himself and his family in danger by giving a description of the shooters to the police, it is less likely that he lied. Previously, Chris was a Park Manager at Broward County, Florida. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. Familial loyalty and fear of retaliation would seem to argue more forcefully against a truthful statement; at the very least they do not provide circumstantial guarantees of trustworthiness. Q. Are you getting ready to buy a new car? We agree with Defendant that it [was] improper for the prosecution to refer the jury to matters outside the record. Allen, 2000-NMSC-002, 104, 128 N.M. 482, 994 P.2d 728. I agree that Ortiz's fear of retaliation shows that he has valid reasons for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. Majority Opinion, 58. Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. He was a 1959 graduate of Valley High School (ABQ) and attended one year at UNM. [6] Court & Arrest Records {32} Defendant is liable for the crime of first-degree depraved-mind murder whether or not he fired the fatal shot. {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. Finally, I do not think that the use of Rule 11-803(X) in this context comports with its drafters' intentions. Cheryl Trujillo's phone number is (505) 292 - 5391. Read More . 26,108. The State responds to this argument by claiming that the prosecutor went to great pains to neutralize any bad feelings the jurors may have had about gangs and repeatedly cautioned the jury to judge the case only on its facts. At trial, the judge ruled that the State could introduce evidence relating to gang names and affiliation, but limited the scope and the purpose of the testimony so that it would only be admissible insofar as it's probative of motive, state of mind, intent, and those sorts of things. On direct examination, Ortiz testified that he grew up in Barelas and was basically born and raised in the gang. In order to convict Defendant of this offense, the State had to prove beyond a reasonable doubt that Defendant committed the crime of depraved-mind murder either as a principal or an accessory. In this vein, Ortiz's ranking out of the Barelas gang certainly provided a plausible explanation for the start of the quarrel. If a hearsay statement is similar to those defined by a specific exception but does not actually qualify for admission under that exception, these courts allow the statement to be considered for admission under the residual exception.). Christopher John Trujillo was born on March 30, 1991. Ortega again identified Defendant at trial as the second shooter. Because we have vacated all convictions for which we found error, and there is otherwise no error to accumulate, we conclude that the defendant received a fair trial and that the doctrine is not applicable in this case. However, the court then released the two men, unsure of its authority to keep holding them in detention. {65} Defendant asserts that his sentence was disproportionate to his involvement in the crime as evidenced by the fact that the jury did not convict him of willful and deliberate murder, or of aggravated battery against Mendez, but rather of first-degree depraved-mind murder, which meant the jury clearly believed that Allison, not Defendant, shot the fatal shots. In making its final ruling, the trial court mentions, for the first time, Rule 11-803(X): I think [that there are] grounds for me to go ahead and allow it at least to be played for the jury, just not admitted into evidence as an exhibit, but for all the other reasons that were cited by [the State], 803X and some of the other 804-A3. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Christopher Trujillo . Chris Trujillo's Phone Number and Email Last Update. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. I disagree for three reasons. Chris is survived by his loving wife Amber Trujillo and sons Jason(Chinche)Trujillo, Christopher(Cola)Trujillo and Ambrose(Chicken) Trujillo, mother LuAnna Bustamante, father Ted Trujillo, maternal grandmother Ramona Jaramillo, paternal grandmother Preddie Thompson, brother Dominic Trujillo and wife Katherine, nephew Julian Lucero, nieces Seryna Rodriguez, Alyssa Lucero Brandi Trujillo and Briana Trujillo all of Bernal, NM. I do believe it's appropriate to allow that. However, by bringing this evidence in through Detective Shawn, Defendant was able to argue that the police did an inadequate investigation, potentially leaving the jury with reasonable doubt as to the identification of the shooters. And I think that notice requirement is a somewhat flexible requirement. The trial court never expressly decided whether the notice requirement is flexible enough to allow use of the rule absent notice. Although it appears that defense counsel did not interview Ortega prior to opening statements, the court noted that it would allow counsel to finish interviewing him before he took the stand. {71} Defendant's claims of prosecutorial misconduct and cruel and unusual punishment arising from his sentence could arise on remand, so I agree these questions ought to be reached; additionally, I agree with the majority's disposition on the merits.

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