Parties alleging fundamental error must demonstrate the existence of circumstances that shock the conscience or implicate a fundamental unfairness within the system that would undermine judicial integrity if left unchecked. State v. Cunningham, 2000-NMSC-009, 21, 128 N.M. 711, 998 P.2d 176. 11 (quoting State v. Ross, 1996-NMSC-031, 122 N.M. 15, 22, 919 P.2d 1080, 1087) (internal quotation marks omitted). at 499, 873 P.2d at 245. Ortega unequivocally testified that Defendant and Allison were the shooters, and the jury was given the opportunity to consider Ortiz's prior statement to that effect. 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. Chris TRUJILLO, Defendant-Appellant. The court then noted that the State could have impeached Ortiz with every line of the out-of-court statement, and that it was more efficient to just play the tape to the jury. We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. Christopher John Trujillo was born on March 30, 1991. {73} First, I am not persuaded that the requirements for admission under Rule 11-803(X) were satisfied. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. {75} It is true that Ortiz's statement did implicate his own cousin, and one could reason that Ortiz would not implicate a family member with a statement unless he believed it to be true. Brandon Trujillo - New Mexico. Furthermore, even if Ortiz had believed that his cousin would be less culpable had he not fired the fatal shots, one could also speculate that he would have believed his cousin to be even less culpable had he not fired any shots. Pallbearers: Dominic Trujillo, Raymond Bustamante, Sebastian Bustamante, Matthew Dimas, Lawrence Trujillo, George Bustamante, Sara Anaya and Anthony Trujillo. {1} Defendant Chris Trujillo was convicted of first-degree depraved-mind murder, conspiracy to commit first-degree depraved-mind murder, aggravated assault, conspiracy to commit aggravated battery, conspiracy to commit shooting at a dwelling or occupied building (great bodily harm), conspiracy to commit shooting at a dwelling or occupied building (resulting in injury), shooting at a dwelling or occupied building (no injury), and conspiracy to commit shooting at a dwelling or occupied building (no injury).1 The jury found Defendant not guilty of aggravated battery, aggravated assault, shooting at a dwelling or occupied building (great bodily injury), and shooting at a dwelling or occupied building (resulting in injury). B26A. In order to convict Defendant of this offense, the State had to prove beyond a reasonable doubt that Defendant committed the crime of depraved-mind murder either as a principal or an accessory. Chris Rembert, jr., Pensacola Catholic (Florida) Rembert was one of the top second basemen in the Sunshine State as a sophomore, recording a .410 batting average with 32 hits, 22 RBIs and five home runs. In view of my disposition of part III(B), I would not reach the ineffective assistance of counsel and cumulative error claims found in parts VII and X. 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. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. Defendant argues that Javier, presumably, had long since turned and run, and in all likelihood had already been hit by the fatal bullet when Defendant began shooting. {72} I would, however, remand for a new trial because I believe for the following reasons that the admission of the tape and transcript of Joseph Ortiz's interview with the police was reversible error. {15} As a general rule, the [a]dmission of evidence is entrusted to the discretion of the trial court, and rulings of the trial judge will not be disturbed absent a clear abuse of discretion.2 State v. Worley, 100 N.M. 720, 723, 676 P.2d 247, 250 (1984); see also Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727; State v. Torres, 1998-NMSC-052,15, 126 N.M. 477, 971 P.2d 1267; State v. Stout, 96 N.M. 29, 32, 627 P.2d 871, 874 (1981). 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. He was born and raised in Bernal, N.M., to Ted Trujillo and LuAnna Bustamante. We Are Available 24/7, Join in honoring their life - plant a memorial tree. 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. 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. In New Mexico, [w]hoever commits murder in the first degree is guilty of a capital felony. Section 30-2-1. Finally, the general purposes of these rules and the interests of justice will best be served by the admission of Ortiz's taped statement into evidence, as the circumstances surrounding the statement indicate trustworthiness equivalent to evidence admitted under the other hearsay exceptions. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. . Rather, the dissent urges, the rule 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. Id. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). {13} At trial, Defendant objected to the admission of Ortiz's taped statement on general impeachment and hearsay grounds. From the onset of New Mexico jurisprudence, first-degree murder convictions have been appealed directly to this Court, and even after the creation of the Court of Appeals, this Court retained this crucial area of jurisdiction. {52} When an issue has not been properly preserved by a timely objection at trial, we have discretion to review the claim on appeal for fundamental error. 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. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. {69} I would remand this case for a new trial. {27} Defendant's reliance on Hernandez is misplaced. Viewing the prosecutor's statements in the context of the individual facts and circumstances of this case, however, we do not find that they had such a persuasive and prejudicial effect on the jury's verdict that Defendant was deprived of a fair trial. VI, 2. See Martinez v. State, 108 N.M. 382, 383, 772 P.2d 1305, 1306 (1989). It also provides a plausible explanation for a less than candid statement to the police about that quarrel. See UJI 14-203 NMRA 2002. See Baca, 1997-NMSC-059, 51, 124 N.M. 333, 950 P.2d 776. An autopsy report shows Gustavo Surez, a 21-year-old American, was shot 12 times after he failed to stop while being chased by Mexican soldiers, who opened fired after he crashed. The prosecutor then requested that the court allow him to play for the jury the tape of Ortiz's July 3rd statement to Detective Shawn in which Ortiz gave a more detailed account of the events. Evidence that supports two contradictory inferences is properly said to have proved neither. 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. In contrast to his earlier jazz and funk inspired playing, Osbourne's band was more straightforward to hard rock and metal. He gave no testimony that shots were fired in any direction other than towards the four men standing at ground level. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. Thus, we do not address Defendant's double jeopardy argument. Detective Shawn stated that on the night of the shooting Ortega identified Defendant as one of the shooters from a photo lineup and that he recorded this identification. However, during cross-examination, defense counsel questioned Detective Shawn about Ortega's alleged statement to Landaras, specifically attacking his failure to follow-up on this information known by one of his detectives, Detective Martinez. Copyright 2023, Thomson Reuters. The trial court's determination of these questions will not be disturbed unless its ruling is arbitrary, capricious, or beyond reason. Id. Current address. Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Similarly, the danger that Ortiz might have a faulty memory is not present here, because Ortiz gave his statement just hours after the shooting. {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. During his argument to the court, defense counsel discussed what Canas had told Detective Shawn and argued that Canas' statement that the shooter was bald was exculpatory because his client had short hair. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. {46} Finally, Defendant argues that defense counsel's failure to challenge the indictment for conspiracy to commit depraved-mind murder, a non-existent crime, constituted per se ineffectiveness. Defense counsel told the court that he was not aware that Ortega and Canas had been arrested on material witness warrants until some time after the two had been arrested, but that he and the prosecutor did conduct an interview with Ortega which eventually broke down due to animosity between the lawyers. {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. However, by bringing this evidence in through Detective Shawn, Defendant was able to argue that the police did an inadequate investigation, potentially leaving the jury with reasonable doubt as to the identification of the shooters. {41} Defendant next argues that his trial counsel failed to review jury questionnaires prior to jury selection. In that case, we found that the defendant's depraved-mind acts of shooting toward two people at two different times were distinguishable and separate from the shot which actually killed the victim. I publish daily videos playing Slots in casinos all over the country, showing millions of fans how to have a great time using an entertainment budget! Search Inmate Profiles (MOST POPULAR) Men and women behind bars seeking letters on WriteAPrisoner. Trujillo found that something when he got. He Then left school to pursue his dream in the Arts. She is passionate about finding creative solutions to unconventional problems.<br><br>Carolina thrives in a highly dynamic work environment, by being adaptable and leveraging her technical and managerial skills. The trial court never made an express ruling that the three textual requirements of Rule 11-803(X) had been met, nor did it rule that the State's failure to comply with the notice requirement was excusable. {50} Defendant first argues that the prosecutor engaged in misconduct by failing to disclose material evidence to the defense. Contact. 250 Harvard Rd, San Mateo, CA. Click a location below to find Christopher more easily. {18} With respect to ambiguity, we conclude that there is no danger that the meaning intended by Ortiz will be misinterpreted because the taped statement was played to the jury and the jury had the opportunity to interpret Ortiz's statement themselves rather than rely on some other witness's interpretation. I therefore respectfully dissent from part III(B). 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. 2052) (internal citation omitted). {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). {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. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. See Garcia, 114 N.M. at 274, 837 P.2d at 867. Read More . 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. Now, you said Charlie started shooting first. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. We find that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Defendant helped, encouraged, caused, and intended the shooting which resulted in Mendez's death. Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. As to lack of candor, we find the fact that Ortiz was not a suspect in the shooting and therefore had no reason to shift blame away from himself, the fact that he implicated his own cousin, Allison, in his statement, and the fact that he likely placed himself and his family in grave danger by giving Detective Shawn a physical description of the shooters, make it less likely that Ortiz would have consciously lied to Detective Shawn about what he observed that night. Even assuming competent counsel would not have performed in such a manner, we do not find the necessary prejudice. I agree that Ortiz's fear of retaliation shows that he has valid reasons for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. Majority Opinion, 58. We review each of Defendant's allegations of ineffective assistance of counsel individually in addition to considering their cumulative effect. As discussed above, there was conflicting testimony about who shot first, Allison or Defendant. When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. {54} Defendant next argues that the prosecutor improperly elicited damaging hearsay testimony on the issue of identification. San Juan County, New Mexico H2 Fact Sheet . . I disagree for three reasons. Defendant supports his argument with his counsel's own statement, If I would have been able to interview Jesus, put him under oath, we could have had a statement here So I've been thwarted in that. As noted above, Canas and Ortega were arrested and brought in on material witness warrants shortly before trial. Caitlyn Trujillo lives in Brush, CO Below are the results we could find for Caitlyn Trujillo. Trujillo Family Funeral Home LLC in Albuquerque, NM | Company Info Company Information Sponsored Links Company Contacts CHRISTOPHER TRUJILLO Member JOHN LOPEZ Member WILLIAM FERGUSON Manager WILLIAM FERGUSON Member WILLIAM FERGUSON Organizer Reviews Write Review There are no reviews yet for this company. Colfax County, New Mexico, USA will be saved to your photo volunteer list. We Are Available 24/7Albuquerque(505) 225-8282 | Santa Fe (505) 240-6663Live Chat. Why WriteAPrisoner? Dec. 20, 2020: An open letter to my school family. And do you see like pimples or acne scars on his face? At trial, Ortega positively identified Defendant as the second shooter, stating that he took the gun away from Allison and began shooting at Ortega and Canas. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. In that interview Ortiz stated that he did not recognize the shooters but described them as a little guy wearing light blue jeans and a striped shirt, presumably Defendant, and a big guy wearing black jeans and a black t-shirt, presumably Allison. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. {6} Detective Doug Shawn, the officer assigned to the case, testified that he interviewed several eyewitnesses to the shooting, all of whom identified Defendant as one of the shooters and indicated that only one gun had been used. However, Ortiz apparently could not recall more specific details of the shooting, including who fired the gun. Email. 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. 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. Based on the evidence summarized below, we conclude the State met its evidentiary burden. Chris Trujillo is a provider established in Albuquerque, New Mexico and his medical specialization is Pharmacist. 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). There may be more than one cause of death. 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. Write a prisoner today. 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. and studied at Brighton High School. Nancy Fontenot. Are you getting ready to buy a new car? Inmate Profiles . It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. Thus, we conclude that Detective Shawn's references to Canas' testimony were not sufficiently prejudicial to require a finding of fundamental error. Defense counsel, in a motion to dismiss for prosecutorial misconduct, alleged two instances in which the State failed to provide material evidence to the defense. Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. It did not, however, satisfy the requirements of any of those exceptions. He is a Taos High School graduate of (1998). 2052. Furthermore, Detective Shawn also testified that he believed Ortiz's statement was truthful because it was consistent with other witnesses' testimony and the physical evidence found at the scene.