He was a 1959 graduate of Valley High School (ABQ) and attended one year at UNM. 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. Christopher Trujillo . . Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. It appears that in this case the jury rejected Defendant's version of the incident, and we will not substitute our judgment for that of the jury. Nancy Fontenot. The court must then determine whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. This narrow interpretation of the rule has been rejected by a majority of circuits, and we decline to adopt it in our jurisdiction. Further, despite a brief reference to that rule, the trial court may not have admitted the statement on that basis. Rather, we must place it in the context of the entire record. Elaine Trujillo is 69 years old today because Elaine's birthday is on 11/05/1953. Title: Microsoft Word - 2023-01-25 SJ County H2 Fact Sheet - FINAL.docx Author: Chris Created Date: 1/25/2023 9:37:23 AM . The agreement may be established by circumstantial evidence. This is where it happened, and that sounds like a consistent story and that comes from Canas and Iguado and Ortiz, you don't discount that and throw that out and try and derive the story if you're Detective Shawn . 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. {67} For the reasons stated above, we vacate Defendant's conviction for conspiracy to commit depraved-mind murder and reverse Defendant's convictions for 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). Invalid memorial . He also asserts that no evidence showed that Defendant knew anything about Allison's intentions or that he encouraged Allison to shoot Mendez. No, you know, "I'm sorry, I. Find 80 people named Chris Trujillo along with free Facebook, Instagram, Twitter, and TikTok search on PeekYou - true people search. The little guy then yelled at the four below, You guys think I'm joking, before shooting. 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. Trujillo, Casey 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. But what Detective Shawn found was consistent. Defense counsel also argued that the issue about baldness and shortness and so forth could have been used to the defendant's advantage as to who was actually doing the shooting. However, in addition to arguing that portions of Canas' statement were exculpatory, defense counsel acknowledged that portions of his statement were inculpatory. While the prosecutor cannot hide information behind other arms of the State, see Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. Chris Trujillo's Phone Number and Email Last Update. 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. {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. Email. 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. El Prado, NM. In closing the prosecutor made two references to Canas' statement: Let me take you to the balcony. As a result of this argument, shots were fired from the upstairs balcony at a downward angle, killing Mendez and wounding Canas. Also known as: christopher.trujillo.961 Taco Bell Brighton High School Christopher currently lives in Brighton, CO. Christopher works at Taco Bell. 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. View Chris Trujillo results in New Mexico (NM) including current phone number, address, relatives, background check report, and property record with Whitepages. In contrast to his earlier jazz and funk inspired playing, Osbourne's band was more straightforward to hard rock and metal. Evidence that supports two contradictory inferences is properly said to have proved neither. 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! He also testified that he was unaware at the time of the interview that Ortiz and Allison were cousins. Experience . Certainly counsel's failure to challenge this indictment prejudiced Defendant as to his conviction for this crime. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912)). See State v. Lopez, 2000-NMSC-003, 10, 128 N.M. 410, 993 P.2d 727. cemeteries found within miles of your location will be saved to your . I conclude that Rule 11-803(X) does not provide a basis for admitting the statement. 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. He was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). 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. 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). Either out of fear of gang retaliation or out of familial loyalty to Allison, Ortiz had every motive to be less than candid with the police. The evidence at trial revealed that shots were fired from an apartment balcony downward into a courtyard area. 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. 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. {81} In response to these arguments, the trial court initially indicated that the statement was admissible as a combination of Rule 11-801(D)(1)(c) and 11-803(E). We found Elaine Trujillo from El Prado New Mexico. {19} The dissent concludes that with respect to the second danger, lack of candor, Ortiz did in fact have a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. Dissent 74. However, this conviction has been vacated, and Defendant has not demonstrated that had he timely challenged this indictment he would have been acquitted of his other convictions. However, under the statute, juvenile offenders convicted of first-degree murder may be sentenced to life imprisonment but shall not be punished by death. Id. Chris Trujillo Lead IT Specialist at NNMC Santa Fe County, New Mexico, United States 73 followers 70 connections Join to view profile Northern New Mexico College Northern New Mexico. 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. The defendant intended that the crime be committed; 3. On May 25, 2021 a funeral service will be held at 10am by Father George Salazar at Santa Rita Church in Bernal, NM. Do you see one of those people in the courtroom today? 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. It is rare that a term of incarceration, which has been authorized by the Legislature, will be found to be excessively long or inherently cruel. State v. Augustus, 97 N.M. 100, 101, 637 P.2d 50, 51 (Ct.App.1981) (finding that the trial court's sentence did not constitute cruel and unusual punishment because it did not exhibit a deliberate indifference to defendant's medical needs, even though prior to sentencing defendant underwent open heart surgery and his surgeon expressed his belief that defendant should never be incarcerated due to his medical problems). He testified that he had planned to meet up with Mendez at the apartments on the day of the shooting and that soon after he arrived he heard an argument and gunshots. Request Quote . It was just one. Northern New Mexico College. The dissent argues that our analysis under Rule 11-803(X) is misplaced because this exception cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection Dissent 82 (quoting State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982)). 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. Q. {83} In this case, the State initially offered the testimony under Rule 11-803(E) (recorded recollection), and that was the focus of most of its discussion. The essence of the dissent's argument on this point is that while one could reason that Ortiz would not have implicated a family member unless he believed it to be true, equally one could reason that he had a motive to shift the blame from his cousin to Defendant because of familial loyalty, fear of retaliation, and his presumed belief that his cousin would be less culpable. And then who took the gun away from Charlie? 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. . {55} Canas was arrested on a material witness warrant but was not interviewed by the defense and apparently fled the jurisdiction prior to trial. A Memorial Tree was planted for Christopher, We are deeply sorry for your loss ~ the staff at Riverside Funeral Home of Santa Fe, Has a Death Occurred? In that case, we ultimately allowed the admission of Ortiz's out-of-court statement under Rule 11-803(X), not on the merits, but because the defendant in that case did not argue against the use of that rule. 11/21/2022 11:53 PM. 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. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. I concur in parts II, III(A), IV, V, VI, VIII, IX and XI. 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. Reputation Score: 0.83 - 1.98. We will review the memorials and decide if they should be merged. 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. No. RESET. Stevens said any time SNAP benefits increased since the pandemic began in 2020, the number of requests for care packages went down. So I'm going to leave it alone. Although accessory liability might make Defendant legally culpable whether or not he fired the fatal shots, I think it is fair to say that most people would view a shooter who missed his target less culpable than one who slays his target. "I called him right after the vote that we legalized cannabis in New Mexico," Trujillo told the Santa Fe New Mexican about the March 31 conversation with her son, who is now in his second. On May 25 View Christopher Trujillo's profile on LinkedIn, the world's largest professional community. Engage via Email. The trial court also provided that [i]t is this Court's intention that the Defendant be eligible for good time credit as to the sentence imposed. (Emphasis omitted.) (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. 2052. He asserts that defense counsel's performance, viewed cumulatively, fell below that of a reasonably competent attorney and prejudiced his defense. {26} Defendant does not dispute that the act of shooting from the second floor balcony into a group of people was an act greatly dangerous to the lives of others. 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. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. {21} Under these circumstances, we find that the taped statement and transcript were reliable and important for the jury to consider, as it went to the identity of the shooters. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Questions Post Question Q. 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. We Are Available 24/7, Join in honoring their life - plant a memorial tree. March 02, 2023 8:32 PM EST. However, at trial, after Ortiz had time to appreciate the danger of gang retaliation, and after testifying that it was unacceptable to rat out a gang member and that he or one of his family members could be killed for it, Ortiz changed his story and repeatedly stated that he could not recall the details of the shooting on July 3rd, which made the taped statement the most probative evidence on this point that could be procured through reasonable efforts. First, the dissent's discussion suggests that Detective Shawn found Ortiz's statement generally untruthful. On cross-examination, Detective Shawn testified that at the time of the interview he felt that Ortiz knew who the shooters were but was concealing their identity. The dissent agrees that as a general matter we should defer to the discretion of the trial judge on evidentiary matters, but argues that [s]uch deference has less force in this case, where it is less than clear from the record that the trial court relied upon Rule 11-803(X) in its ruling. Dissent 80. Defendant did object when the prosecutor asked the Detective about the witnesses' descriptions of Defendant's acne and during the prosecutor's attempt to have the Detective testify as to Canas' identification of Defendant from the photo array. we must avoid concentrating on the suppressed evidence in isolation. Lopez, 2000-NMSC-003, 9-21, 128 N.M. 410, 993 P.2d 727 (reviewing defendant's confrontation concerns after determining that the confrontation issue had been preserved at trial because defendant objected to his inability to cross examine or confront the witness). "The hardest part I think through all of it is he's shown no remorse. I disagree for three reasons. 2. 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. {76} The majority also reasons that because Ortiz put himself and his family in danger by giving a description of the shooters to the police, it is less likely that he lied. 20 plus years experiencce in design and project management of architectural projects, including residential, retail, hospitality, healthcare, entertainment and places of worship. However, [a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Id. 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. As a result, we do not address Defendant's confrontation concerns on appeal. Chris Trujillo in Albuquerque, NM 145 results - Chris Trujillo may also have lived outside of Albuquerque, such as Rio Rancho, Las Cruces and 2 other cities in New Mexico. 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. {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. {85} Finally, Rule 11-801(D)(1)(c) (statements of identification) would not allow the statements to come in because Ortiz's interview did not identify either of the two shooters but instead described the shooting. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. He earned his wings too soon on May 4, 2021. During the prosecution's direct examination of Detective Shawn, the prosecutor elicited testimony that indicated he had interviewed three eyewitnesses to the shooting: Ortega, Ortiz, and Canas. 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. B26A. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. Prosecutorial misconduct rises to the level of fundamental error when it is so egregious and had such a persuasive and prejudicial effect on the jury's verdict that the defendant was deprived of a fair trial. Because we find substantial evidence in the record to support Defendant's convictions, and because Defendant failed to demonstrate circumstances that shock the conscience or show a fundamental unfairness, we find no fundamental error. {71} Defendant's claims of prosecutorial misconduct and cruel and unusual punishment arising from his sentence could arise on remand, so I agree these questions ought to be reached; additionally, I agree with the majority's disposition on the merits. When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. Section 31-18-14(A). Organizers became used to getting 100 requests per day, but saw it go down to 20 requests because the government increased its food aid, she said. Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. $3895 . {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 stated that he was beaten up by other gang members when he was ranked out because he was no longer hanging out with them. The dissent cites to no authority to support its conclusion that less deference is due when the trial court admits evidence under a rule that it did not principally rely on, and without some contrary authority, we believe we are obligated to review the trial court's ruling under the well-established abuse of discretion standard. Detective Shawn's frustration that Ortiz was hiding the identity of the shooters is understandable. 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. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. The second reference came in the middle of his argument about the consistent statements of Ortega and Ortiz: You'd expect two completely different stories if we believe this theory that everyone in gangs lies. He Then left school to pursue his dream in the Arts. {66} Section 31-18-15.3(D) provides: When an alleged serious youthful offender is found guilty of first degree murder, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing ActThe court may sentence the offender to less than, but not exceeding, the mandatory term for an adult. Adults convicted of first-degree murder shall be punished by life imprisonment or death. Section 31-18-14(A). {22} Defendant next argues that insufficient evidence supports his conviction for first-degree depraved-mind murder on either a principal or accessory liability theory. Contact. Chris J Trujillo 's Record in 2020 Name 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. 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. Id., 31. Prison pen pals seeking friendship. {36} It is the absence of evidence on this point that convinces us that Defendant did not willfully discharge the gun at a dwelling or occupied building or agree with another person to commit such a crime. US States (36975K) . {82} The Court of Appeals has said of the essentially identical predecessor to Rule 11-803(X) that it cannot be read to mean that hearsay which almost, but not quite, fits another specific exception, may be admitted under the other exceptions' subsection State v. Barela, 97 N.M. 723, 726, 643 P.2d 287, 290 (Ct.App.1982). [6] I respectfully dissent from part III(B). 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. Her desire to . The court indicated that as to the identity of the shooter, Defendant was not prejudiced because Canas could have testified that the shooter was bald, but at the same time he may have elicited information that that bald person's name was Silly [Defendant's alias]. He is a Taos High School graduate of (1998). Defense counsel also did not dispute the accuracy of the following statement argued to the court by the State: I would also say in the interviews Mr. DeVoe [co-defendant Charlie Allison's counsel] conducted with Mr. Huero [sic] and Mr. Canas, Mr. DeVoe showed the two photo arrays of Allison and Trujillo to Iguado [Ortega] and Canas and they reaffirmed their identification of both defendants at Mr. DeVoe's request.