Man fatally shoots cousin during heated argument over whose enchiladas were spicier
ALBUQUERQUE, N.M. — A New Mexico man was arrested after allegedly shooting and killing his cousin during an argument over whose plate of green chile enchiladas was hotter.
Ervin Joaquin Gutierrez, 22, was charged with an open count of murder in the Aug. 27 killing of 25-year-old Nathaniel Cavazos.
When police responded to reports of gunfire shortly before 11 p.m., they found Cavazos unresponsive on a walkway outside the complex, suffering from multiple gunshot wounds. He died from his injuries at the scene.
A witness, who identified himself as a cousin to both men, told investigators that the group had spent the afternoon drinking alcohol and cooking green chile enchiladas.
Tension mounted during dinner when Gutierrez repeatedly insisted that the chile on his enchiladas was spicier than the chile on Cavazos’ plate and challenged him to try it, the affidavit stated. Cavazos responded that all the enchiladas had been prepared together and carried equal heat.
The dispute escalated outside the apartment, leading to a physical fight in which Cavazos punched Gutierrez, leaving him bleeding, the witness reported.
After the fistfight ended and Cavazos began walking away, Gutierrez allegedly drew a handgun and confronted him, shouting, “We’re family! We’re family! How could you do this to me?” before opening fire, according to the witness statement in the affidavit.
Cavazos was shot three to four times in the back from roughly 10 feet away while unarmed, the document states. Gutierrez then fled the area.
Investigators noted that a handgun belonging to Cavazos was later recovered roughly 10 yards from his body, though witnesses stated he did not have it drawn during the shooting.
Following the encounter, the witness received Snapchat messages from Gutierrez in which the suspect asked, “Is he really dead?” and claimed Cavazos had previously threatened his life, writing, “I did not want to kill him, but I didn’t want him to kill me.”
Gutierrez turned himself in to police in downtown Albuquerque the following day. It was not immediately clear if he had retained legal counsel to speak on his behalf.
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