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. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. This comment must be considered in the context in which it was made; it occurred during a heated exchange between the defense attorney and the prosecutor, in which defense counsel informed the court that the prosecutor had committed an assault and battery on him by removing his eyeglasses from his face during a witness interview. However, both Ortega and Ortiz indicated that one of the two men shot first at Mendez and then the other immediately shot at Ortega and Canas. Rather, we must place it in the context of the entire record. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Did he fire all the shots? There was nothing in his statement that indicated that any of the shots had been fired at any building. Previously, Chris was a Park Manager at Broward County, Florida. Cf. Elisia Miranda Trujillo entered into life eternal on Friday, February 10, 2023, at the age of 94. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. Defendant urges us to find that because of these facts, and because he was a child at the time of the crime, his sentence is so disproportionate as to shock the general conscience or violate principles of fundamental unfairness. We acknowledge that [a] sentence may constitute cruel and unusual punishment if its length is disproportionate to the crime punished, Burdex, 100 N.M. at 202, 668 P.2d at 318, and that it is within the province of the judiciary to review whether a sentence constitutes cruel and unusual punishment in violation of a constitutional provision. State v. Rueda, 1999-NMCA-033, 10, 126 N.M. 738, 975 P.2d 351. 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. As quoted above, Ortega told the story in his own words. Stay up-to-date with how the law affects your life. Della Gonzales also testified that she heard the noise of the bullets from a nearby apartment but that she did not hear the noise of bullets striking a surface or building. Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. All rights reserved. No. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. Any danger inherent in a true identification of a gang member, however, would also seem to argue against the candor of such a statement, especially to the police. Q. Christopher Trujillo . The defendant intended that the crime be committed; 3. Inmate Profiles . The State also offered the hearsay under a number of other rules: Rule 11-613(B) (extrinsic proof of prior inconsistent statements), Rule 11-801(D)(1)(c) (statements of identification), Rule 11-804(A)(3) (one of the definitions of unavailable) and Rule 11-803(X). We have developed the entire body of New Mexico case law for first-degree murder cases, and it would only create confusion and inconsistency for the rare case of a serious youthful offender convicted of first-degree murder but sentenced to less than life imprisonment to proceed first to the Court of Appeals when all other first-degree cases proceed directly to this Court. The only question for the jury was who was responsible for the bullets that struck and killed him. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. Defendant's argument on this point is two-fold: (1) the trial court's admission of the evidence violated Defendant's constitutional right to confront the witnesses against him; and (2) the trial court erred in ruling that the evidence was admissible. He is preceded in death by his great grandmother Flora Ortiz, grandfathers Johnny Bustamante, Manuel Trujillo, Luis Avitia, uncles Eric Bustamante, Mark Trujillo, aunts Elaine Whatley, Darlene Anaya and numerous other relatives. The same motivation that influenced Ortiz to neglect to name the two men on the balcony would, I think, encourage him to shift the blame for the fatal shot from his cousin to Defendant. 11/21/2022 11:53 PM. See State v. Salgado, 1999-NMSC-008, 5-11, 126 N.M. 691, 974 P.2d 661; see also State v. Beachum, 83 N.M. 526, 527, 494 P.2d 188, 189 (Ct.App.1972) (A decision of the trial court will be upheld if it is right for any reason.). Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. {79} I also note that the detective who took Ortiz's statement felt that Ortiz was lying to him. See State v. Nieto, 2000-NMSC-031, 25, 129 N.M. 688, 12 P.3d 442 (finding expert testimony on defendant's gang affiliation and specific rituals and procedures of that gang was admissible to show defendant's alleged motive). See e.g., Gonzales, 113 N.M. at 230, 824 P.2d at 1032 (finding that in order to prevail on his ineffective assistance of counsel claim, defendant had to first demonstrate that had his counsel moved for severance, the motion would have been granted). See State v. Mora, 1997-NMSC-060, 47 n. 1, 124 N.M. 346, 950 P.2d 789 (finding that defendant did not preserve the confrontation issue for appellate review because he did not timely object to the admission of [the deceased witness's] statement on confrontation grounds, nor did he timely object on general constitutional grounds); cf. However, Detective Shawn testified that he believed Ortiz was generally telling the truth, but that he was withholding the actual names of the shooters and was only willing to give a physical description of them. 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. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. Q. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. 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. 1555, 131 L.Ed.2d 490 (1995), Defendant had knowledge of these two men's juvenile records and has not demonstrated any prejudice which resulted from the State's failure to provide that information. In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. Los Trujillo Map. Christopher Trujillo - Technical Coordinator - Region 9 Education Cooperative | LinkedIn Christopher Trujillo State of New Mexico - Region 9 Education Cooperative Technical Coordinator. Audrey Trujillo, the Republican candidate for New Mexico Secretary of State, appeared on Steve Bannon's podcast in June to explain why she's convinced former President Donald Trump won the 2020 election. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. Evidence that supports two contradictory inferences is properly said to have proved neither. She assumed office in 2013. {9} We conclude that serious youthful offenders convicted of first-degree murder shall be allowed to invoke this Court's mandatory appellate jurisdiction under Article VI, Section 2 of the New Mexico Constitution and Rule 12-102(A)(1). As a result, we do not address Defendant's confrontation concerns on appeal. The fact that Ortiz most likely would view his cousin as being less culpable had he not fired the fatal shots significantly diminishes any circumstantial guarantee of trustworthiness based on the notion that people do not implicate family members unless believing it to be true. On May 25 And I've instructed the State that that did not open the door and I don't want that pursued, but that's as far as I'm going to go. [6] Trujillo co-wrote several songs on the Down to Earth album. {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. Two months later, on March 23, police say 35-year-old Trujillo beat and strangled Pound before staging the scene to look like a suicide attempt. While we agree that the subjective beliefs of the declarant about legal culpability can be relevant in determining the admissibility of hearsay, see Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267, Ortiz never testified as to what his subjective beliefs were and we refuse to engage in speculation on that point. . There may be more than one cause of death. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. On the other hand, both facts also argue that the statement he gave was less than candid. He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. See Baca, 1997-NMSC-059, 24, 124 N.M. 333, 950 P.2d 776. However, we conclude that these references to Canas' statement did not deprive Defendant of a fair trial. Defendant's reliance on these cases is misplaced. Defense counsel also did not dispute the accuracy of the following statement argued to the court by the State: I would also say in the interviews Mr. DeVoe [co-defendant Charlie Allison's counsel] conducted with Mr. Huero [sic] and Mr. Canas, Mr. DeVoe showed the two photo arrays of Allison and Trujillo to Iguado [Ortega] and Canas and they reaffirmed their identification of both defendants at Mr. DeVoe's request. 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)). Do you know how many shots Charlie fired? c***@lanl.gov. Second, Ortiz's ranking out of the Barelas gang offered a plausible explanation for the start of the quarrel; his former comrades objected to Ortiz showing back up at the scene of his disgrace. Click a location below to find Christopher more easily. He earned his wings too soon on May 4, 2021. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. Memorial ID. {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. And after Javier said, I can go anywhere I want, Juaritos, what happened? 2023 a case was filed by Lucero Chris, in the jurisdiction of Bernalillo County. I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. 2052). Our mandatory appellate jurisdiction is constitutional and is limited to [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. art. In this case the person in the best position to gauge the candor of the out of court statement was Detective Shawn, who alone observed Ortiz's demeanor at the time of the interview. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. Although we did not have an extensive analysis on this issue and we noted that the defendant did not persuade us otherwise, we recognized that the district court found that the circumstances of the original statement, the proximity in time to the shooting itself, all are indicia of reliability in that statement. Id.
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