ALBUQUERQUE — A 22-year-old Albuquerque man has been arrested on an open count of murder after his cousin was found fatally shot in the walkway between apartment buildings late Aug. 27, according to court and jail records.
Arrest and charges
Police took Ervin Joaquin Gutierrez into custody Friday evening and he was booked into the Metropolitan Detention Center shortly after midnight Saturday, jail records show. He is being held on an open count of murder in the death of Nathaniel Cavazos.
How police say the shooting unfolded
Albuquerque police responded to reports of a shooting shortly before 11 p.m. on Aug. 27 and discovered Cavazos unresponsive and lying in a pool of blood on the walkway between apartment buildings, the arrest warrant affidavit states. He had been shot at least once and later died of his injuries.
According to the affidavit, a cousin of both men who witnessed the incident told investigators the evening began when Gutierrez arrived earlier that afternoon to visit. The witness said the three men went grocery shopping later, returned to the apartment and together cooked green enchiladas while drinking alcohol.
Tension reportedly escalated over the heat of the chile on the enchiladas. The witness told police Gutierrez repeatedly said the chile on his plate was hotter than that on Cavazos’ plate, challenging Cavazos to eat some. Cavazos maintained they had all eaten the same food and the spice should be the same.
The dispute intensified after the witness suggested taking his dog for a walk. The affidavit says Cavazos punched Gutierrez, and the two fought. Cavazos struck Gutierrez hard enough that Gutierrez was left bleeding, the witness told police. After the fight ended and Cavazos began walking away, Gutierrez allegedly drew a handgun.
"We're family! We're family! How could you do this to me?"
The witness told investigators that Gutierrez confronted Cavazos with those words and then fired three or four times from about 10 feet away, striking Cavazos in the back. The witness said Cavazos was not armed when he was shot. Gutierrez then fled the scene, according to the affidavit.
The witness also provided police with a Snapchat message they said came from Gutierrez referencing the shooting, asking: "Is he really dead?"
Evidence and custody
The affidavit describes the witness’ account as central to the investigation. Police located and arrested Gutierrez later that evening; the arrest and booking records show he remains in custody at the Metropolitan Detention Center on the murder charge.
As of court filings attached to the affidavit, prosecutors have charged Gutierrez with an open count of murder. The record does not show whether a defense attorney had yet been identified or whether any additional charges or evidence have been filed publicly.
Community impact and next steps
Homicides involving family members can intensify local concern about violence and safety within neighborhoods. The case will proceed through the criminal justice system, where prosecutors must present evidence to support the murder charge, and Gutierrez will have the opportunity to respond through counsel.
- Incident date: Night of Aug. 27
- Location: Walkway between apartment buildings, Albuquerque
- Victim: Nathaniel Cavazos
- Suspect: Ervin Joaquin Gutierrez, 22 — charged with an open count of murder
| Detail | Information |
|---|---|
| Arrested | Friday evening; booked shortly after midnight Saturday |
| Where held | Metropolitan Detention Center |
| Weapon | Handgun (alleged in affidavit) |
Investigators and prosecutors will likely review the witness statements, any physical evidence recovered at the scene, and any digital messages relevant to the case. Court schedules and filings will determine when formal charges are tested in arraignment and any subsequent hearings.
WE NEWS will follow the case and report updates on court proceedings, any additional charges, and statements from law enforcement or attorneys as they become available.
Diego Salazar is the state correspondent at WE NEWS.
