ALBUQUERQUE, N.M. — Ervin Joaquin Gutierrez, 22, was arrested and charged with an open count of murder following the shooting death of his cousin, Nathaniel Cavazos, 25, on August 27. The incident reportedly stemmed from an argument over whose plate of green chile enchiladas was spicier.
Police responded to reports of gunfire shortly before 11 p.m. and found Cavazos unresponsive on a walkway outside an apartment complex, suffering from multiple gunshot wounds. He was pronounced dead at the scene.
According to a witness, who identified himself as a cousin to both men, the group had been drinking alcohol and cooking enchiladas earlier in the day. Tensions escalated during dinner when Gutierrez insisted that the chile on his enchiladas was spicier than Cavazos’ and challenged him to try it. Cavazos argued that all the enchiladas had been prepared together and had equal heat.
The dispute continued outside, leading to a physical altercation in which Cavazos punched Gutierrez, causing him to bleed, as reported by the witness. After the fight, as Cavazos walked away, Gutierrez allegedly drew a handgun and confronted him, shouting, "We're family! We're family! How could you do this to me?" before firing the weapon.
Cavazos was shot three to four times in the back from approximately 10 feet away while unarmed. Gutierrez then fled the scene. Investigators later recovered a handgun belonging to Cavazos about 10 yards from his body, although witnesses stated he did not have it drawn during the shooting.
Following the incident, the witness received Snapchat messages from Gutierrez asking, "Is he really dead?" and claiming that Cavazos had previously threatened him, stating, "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 is currently unclear if he has retained legal counsel.