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Man fatally shoots cousin during heated argument over whose enchiladas were spicier (news4sanantonio.com)
submitted 2 months ago by to c/nottheonion@lemmy.world
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Crossposted from https://slrpnk.net/post/42260633

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.

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[–] 4 points 2 months ago* (last edited 2 months ago) (8 children)
  • one dead victim, perp is alive and in custody
  • They are cousins
  • perpSays: they were drinking all day
  • perpSays: victim started a fight over who's enchilada was spicier (enchiladas were made from same batch so they couldnt be differently spicy)
  • perpSays: victim punches perp (perp probably has defensive wounds or some other indicia)
  • perp shoots victim
  • perpSays: victim has threatened his life before (this is after the fact to a presumably familial witness)

∴

viable self-defense case? U decide

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  • [–] 2 points 2 months ago
    • perpSays: victim punches perp (perp probably has defensive wounds or some other indicia)
    • perp shoots victim

    This is a lie by omission.

    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.

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  • [–] 2 points 2 months ago (5 children)

    Did the victim have a gun? Was there a reason the perp didnt just walk away?

    I see a lot of "this is a good reason to shoot someone because they made me angry" and not a lot of "I feared for my life and killing someone was the only thing I could do to prevent it" in your list.

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  • [–] [S] 1 point 2 months ago (3 children)

    Did the victim have a gun?

    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.

    Was there a reason the perp didnt just walk away?

    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.

    Alcohol and machismo.

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  • [–] 1 point 2 months ago (2 children)

    So still the former rather than the latter.

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  • [–] [S] 1 point 2 months ago (1 child)

    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.

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