He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. 1 was here. Chris was a hard worker and established his company "All American Towing" in 2017. In our analysis. Based on the evidence summarized below, we conclude the State met its evidentiary burden. Chris Trujillo The Starcourt food court featured a quintessential selection of '80s eateries, including Burger King, Great Panda, Orange Julius, Hot Sam and New York Pizza. Chris Trujillo is an Agent at New York Life Insurance based in New York City, New York. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). 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. As discussed above, the State also introduced evidence that Detective Shawn interviewed Ortiz the night of the shooting, although Ortiz was reluctant to testify about the details of the shooting or his prior statement at trial. Request Quote (575) 556-8526. State v. Torres, 1998-NMSC-052, 18, 126 N.M. 477, 971 P.2d 1267 (agreeing that, in the analogous context of statements against penal interest, the subjective beliefs of the declarant about legal culpability are relevant to determining the admissibility of the hearsay). As noted in State v. Swavola, 114 N.M. 472, 475, 840 P.2d 1238, 1241 (Ct.App.1992), a prima facie case [of ineffective assistance] is not made when a plausible, rational strategy or tactic can explain the conduct of defense counsel. We find that defense counsel's failure to question Ortega about his alleged statements to Landaras and his failure to challenge his conflicting identifications can be explained as a rational trial strategy and therefore conclude that defense counsel was acting with reasonable competence, and, in any event, did not prejudice Defendant's case. He is a Taos High School graduate of (1998). Second of all, I think it would be to your disadvantage for me to reiterate what it was because then they will really focus on the fact that he allegedly was buying a handgun. She assumed office in 2013. Stay up-to-date with how the law affects your life. Also brother Lawrence Trujillo and wife Leanne of Albuquerque, NM, and numerous aunts, uncles, cousins and friends. And do you see like pimples or acne scars on his face? 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. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. The State introduced evidence that Defendant and Allison were members of the Barelas gang, and that Ortega, Canas, and Mendez were members of a rival gang, the Juaritos Maravilla. 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. Attended New Mexico State University in Las Cruces, New Mexico, USA in (1998-2000). {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. Chris Trujillo's Phone Number and Email Last Update. If we were to adopt the dissent's reading of this rule, we would deprive the jury of reliable probative evidence relevant to the jury's truth-seeking role. Finally, we find there was little danger that Ortiz misjudged, misinterpreted, or misunderstood what he saw that evening because there were no impediments to his perception and because he was present throughout the event. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. 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. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. Do you know how many shots Charlie fired? In New Mexico, [w]hoever commits murder in the first degree is guilty of a capital felony. Section 30-2-1. Q. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Questions Post Question And then Silly over here took the gun? Dissent 75-78. Experience . RESET. {80} We have said-and as a general matter I agree-that we should defer to the discretion of the trial judge on evidentiary matters. At that point the trial court allowed the witness to be led, and the direct examination continued with the prosecutor graphically describing sexual acts of defendant by way of leading questions, to each of which the witness gave a simple answer of yes. Id. Best Match Powered by Whitepages Premium AGE -- Christopher M Trujillo Roswell, NM (Southwest Roswell) View Full Report If counsel had questioned Ortega about this statement on the stand and he had denied making it, Defendant's theory of the case could have been weakened. At the start of trial a week later, Canas did not appear in court, and it was later learned that he had apparently fled to Colorado. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. Current address. The agreement need not be verbal, but may be shown to exist by acts which demonstrate that the alleged co-conspirator knew of and participated in the scheme. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. First, the dissent's discussion suggests that Detective Shawn found Ortiz's statement generally untruthful. 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). There may be more than one cause of death. Ortega again identified Defendant at trial as the second shooter. Nevertheless, the State put forth no evidence from which the jury could infer that any of the shots from any shooter were directed at or hit any building, nor did it cite to any in its briefing to this Court. See State v. Sanchez, 112 N.M. 59, 65, 811 P.2d 92, 98 (Ct.App.1991) (In ruling upon the admissibility of the statement the trial court does not determine the ultimate questions of the declarant's credibility; instead, this is the province of the jury); see also UJI 14-5020 NMRA 2002. The dissent notes that the statement lacks circumstantial guarantees of trustworthiness because Detective Shawn, the person in the best position to gauge the candor of the out of court statement felt that Ortiz was lying to him. 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. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. {24} Depraved-mind murder is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Section 30-2-1(A)(3). Cf. Why WriteAPrisoner? Defendant has identified no prejudice resulting from any lack of preparedness, nor do we find any. He was born and raised in Bernal, New Mexico to Ted Trujillo and LuAnna Bustamante. Four members of the army were placed under arrest Thursday and each face homicide, bodily injury and . {69} I would remand this case for a new trial. LUTCF, Registered Representative. Burial and reception will follow at 430 County Rd. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. Chris was a hard worker and established his company "All American Towing" in 2017. Are you getting ready to buy a new car? 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). However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. Cheryl Trujillo, 92 years old, currently living in Albuquerque, NM. When the person in the best position to judge a witness's candor feels that the witness was being less than truthful, I am uncomfortable holding that the witness's statement bears circumstantial guarantees of trustworthiness. Christopher Sam Trujillo. His contagious smile and outgoing personality will be greatly missed. Show on Map . Detective J.D. Now, who was Charlie shooting at, if you know? 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. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. Because of our disposition of Defendant's convictions for conspiracy to commit depraved-mind murder and conspiracy to commit shooting at a dwelling or occupied building, the only remaining conspiracy conviction is conspiracy to commit aggravated battery. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. US States (36975K) . Christine Trujillo ( Democratic Party) is a member of the New Mexico House of Representatives, representing District 25. Thus, even assuming a reasonably competent attorney would have timely objected, Defendant has not demonstrated that but for counsel's unprofessional errors, the result of the proceeding would have been different. Brazeal, 109 N.M. at 757-58, 790 P.2d at 1038-39 (quoting Strickland, 466 U.S. at 694, 104 S.Ct. He claims that the testimony came out during defense counsel's examination of Detective Shawn, during which defense counsel asked Shawn an open-ended question about one of his interviews. 2052) (internal citation omitted). The City of Los Trujillo is located in Valencia County in the State of New Mexico.Find directions to Los Trujillo, browse local businesses, landmarks, get current traffic estimates, road conditions, and more.The Los Trujillo time zone is Mountain Daylight Time which is 7 hours behind Coordinated Universal Time (UTC). We respectfully believe this conclusion is unfounded. He also identified Defendant as one of the shooters from a photo lineup performed by Detective Shawn and again positively identified Defendant as one of the shooters at trial. {60} Defendant's final claim is that the prosecutor aggravated the damage in closing by repeatedly referring to Jesus' story and identification as though it were valid evidence properly before the jury for consideration. {56} We agree that Detective Shawn's statements regarding Canas' identification of Defendant was improper hearsay testimony. Trujillo formerly served as founding director of the Office of Equity and Diversity at Northern New Mexico College since 2013, where she oversaw programming to address access and inclusion for historically underrepresented populations in higher education. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. While it is unclear from the transcript what the exact grounds for the trial court's ruling were, it is clear that Rule 11-803(X) did not play a significant role in the deliberations. {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. Chris was a hard worker and established his company All American Towing in 2017. 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. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many. We conclude that the alleged failings of counsel in this case do not result in ineffective assistance of counsel regardless of whether they are considered individually or cumulatively. 1. So I'm going to leave it alone. State v. Varela, 1999-NMSC-045, 42, 128 N.M. 454, 993 P.2d 1280 (refusing to extend Baca's holding to prohibit the conviction of conspiracy to commit shooting at a dwelling which requires willful, rather than reckless, behavior). Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. Copyright 2023, Thomson Reuters. Click a location below to find Christopher more easily. Defense counsel requested the continuance because he claimed that he was so upset by the incident that he felt he could not proceed that day. Chris received a Bachelor of Arts degree from New Mexico Highlands University. I do believe it's appropriate to allow that. Exercising this discretion, the trial court sentenced Defendant to a term of THIRTY (30) YEARS, BUT NOT LIFE for his first-degree murder conviction. 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. The State asserts without discussion, and without citing to any evidence in the record, that Defendant willfully discharged the gun at an occupied apartment building. Viewing the evidence in the light most favorable to the State, resolving all conflicts and indulging all permissible inferences to uphold a verdict of conviction, we find that there was no evidence to support the jury's conclusion that Defendant shot at a dwelling or occupied building. {70} I agree that Defendant properly invoked this Court's mandatory appellate jurisdiction, that he failed to preserve a Confrontation Clause claim, that he was improperly convicted of conspiracy to commit depraved mind murder, and that he was improperly convicted of multiple counts of conspiracy to commit shooting at a dwelling or occupied building. Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. Counsel may not have had as much time to review the jury questionnaires as he would have liked, but the record indicates that he in fact conducted a thoughtful voir dire in which he engaged in an active discussion with the panel. NORFOLK, Va. - The Old Dominion baseball team finished off a three-game sweep of the Fordham Rams on Sunday with a doubleheader win taking game one 11-3 and game two 19-1 on Sunday afternoon at the Bud Metheny Ballpark. [T]o establish ineffective assistance of counsel, the defendant must point to specific lapses by trial counsel. State v. Brazeal, 109 N.M. 752, 757, 790 P.2d 1033, 1038 (Ct.App.1990). [6] Trujillo co-wrote several songs on the Down to Earth album. He took pride in everything he did and everything he did was for his sons. c***@lanl.gov. Ortega testified that the shots were first directed at Mendez, and then at himself and Canas. . Write a prisoner today. I disagree for three reasons. We conclude that a rational jury could find, from this testimony, that beyond a reasonable doubt Defendant's act of shooting into the crowd caused Mendez's death. 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. State v. Ross, 1996-NMSC-031, 122 N.M. 15, 20, 919 P.2d 1080, 1085. While we agree that the rule cannot be used to supply the missing elements to admit evidence which almost, but not quite, meets the requirements of another specific exception, it can be used to admit out-of-court statements that otherwise bear indicia of trustworthiness equivalent to those other specific exceptions. Family and friends must say goodbye to their beloved Christopher Patrick Trujillo (Ranchos de Taos, New Mexico), who passed away at the age of 37, on August 14, 2017. He earned his wings too soon on May 4, 2021. 1655 La Fonda Dr Las Cruces, NM 88001-3904 Directions. Q. Chris, you will be greatly missed by all of us.All American Towing will live on, your sons will carry the chains from here so fly high with the Angels until we meet again! We are not persuaded that Defendant was merely present during the shooting. He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. 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. But what Detective Shawn found was consistent. of County Comm'rs v. McCulloh, 52 N.M. 210, 215, 195 P.2d 1005, 1008 (1948) (quoting State ex rel. 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). {30} In State v. Baca, 1997-NMSC-059, 15, 124 N.M. 333, 950 P.2d 776, we concluded that in order to find the defendant guilty as an accessory to first-degree depraved-mind murder the State was required to show, either through direct or circumstantial evidence, that [the principal] committed an act greatly dangerous to the lives of others indicating a depraved mind without regard for human life and also that [the accomplice] helped, encouraged or caused [the principal's] act, intending that the crime occur. Id. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. March 02, 2023 8:32 PM EST. Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. Defendant invoked this Court's mandatory appellate jurisdiction based on his first-degree murder conviction and because he was sentenced to thirty years in prison. Looking for Chris Trujillo in Albuquerque, New Mexico? 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. In those cases the defendants were not challenging their sentences as violations of the constitutional prohibition against cruel and unusual punishment, but rather were claiming that their sentences were illegal as not authorized under the applicable statute. New Mexico State Police now say Rivera, who was 19 years old at the time, was kidnapped and killed by her ex-husband, Christopher Trujillo, with the help of his cousin Anselmo "Chemo" Ortiz. Thus, under our law, adults convicted of first-degree murder may appeal directly to the Supreme Court, as of right, because they will always be sentenced to life imprisonment or death, while it appears juvenile offenders convicted of first-degree murder may not be able to appeal their convictions directly to the Supreme Court because the trial court has discretion to sentence them to less than a life sentence. Rule 12-216(B)(2) NMRA 2002 (This [preservation] rule shall not preclude the appellate court from considering in its discretion, questions involving: fundamental error or fundamental rights of a party.); see State v. Allen, 2000-NMSC-002, 95, 128 N.M. 482, 994 P.2d 728. 26,108. Both Ortega and Ortiz indicated that one of the two men shot first at Mendez, and then the gun was handed off to the other who immediately shot at Ortega and Canas. 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. 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. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo. 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. It seems clear from the record that defense counsel did interview Ortega, as indicated by the trial judge's statement: In reference to the interview, that I'm not so much concerned about because that was conducted out of the presence of the jury and the interview, at least with Mr. Ortega, happened. We find nothing in the record to indicate that defense counsel did not avail himself of this opportunity. See UJI 14-340 NMRA 2002. 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. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). 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. Christopher Trujillo in New Mexico We found 66 records for Christopher Trujillo in Roswell, Albuquerque and 18 other cities in New Mexico. 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. Our resolution of this issue rests on whether the prosecutor's improprieties had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. Id. Defendant asserts that, as a result, the admissibility of this evidence should be reviewed de novo rather than for an abuse of discretion. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). I'm networking with professionals in the fields of Digital Strategy, Marketing, and Web Development. {17} In determining whether a statement is sufficiently trustworthy the statement must be inherently reliable at the time it is made. State v. Williams, 117 N.M. 551, 561, 874 P.2d 12, 22 (1994). {87} I would reverse the trial court's determination that Ortiz's hearsay statement was admissible and reverse Defendant's convictions. In fourteen pages of transcript discussion, the trial court only once mentions Rule 11-803(X) and it certainly cannot be said to be the thrust of the State's argument. {14} At trial, the State called Ortiz as an eyewitness to testify regarding the details of the shooting. In order to convict Defendant on this theory, the State had to prove that, even though Defendant did not commit the acts constituting the crime himself: 1. Watch me LIVE every Wednesday & Thursday . And then who took the gun away from Charlie? He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. Email. See Garcia, 114 N.M. at 274, 837 P.2d at 867. {11} Defendant's first argument is that the trial court erred by admitting the tape and transcript of Ortiz's out-of-court statements. 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)). As its first sentence makes clear, Rule 11-803(X) should be used in a novel situation not considered by the drafters and not specifically covered by any of the foregoing exceptions It should not be used when the statement is of a type expressly considered by other exceptions, but which does not satisfy the rules those exceptions establish. Furthermore, just because the prosecutor thought defense counsel to be ineffective does not make it so. 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. Alejandro Trujillo was one of five men who were shot dead by soldiers in Nuevo Laredo, Mexican. {3} On July 3, 1997, Defendant and Charlie Allison were outside on a second-floor apartment balcony in the Barelas neighborhood of Albuquerque when they became involved in an argument with four men located at ground level: Joseph Ortiz, Juan Ortega, Jesus Canas, and Javier Mendez. Thus, I concur in parts II, III(A), V, and VI. Her desire to . VI, 2. He asserts that there was no evidence from any witness that any of the shots were directed at any building or that any bullets hit a building. We hold that sufficient evidence exists to affirm Defendant's conviction of first-degree depraved-mind murder on either a principal or accessory liability theory. christopher peterson obituary,