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Memorial ID. Christopher passed away on month day 2001, at age 35 at death place, New Mexico. There may be more than one cause of death. He accomplished a lot during his 30yrs of life and left a mark on all of our hearts. (emphasis omitted). Familial loyalty and fear of retaliation would seem to argue more forcefully against a truthful statement; at the very least they do not provide circumstantial guarantees of trustworthiness. Accordingly, defendant must still affirmatively prove prejudice. Email. {49} When an issue of prosecutorial misconduct is properly preserved by a timely objection at trial, we review the trial court's ruling on this issue under the deferential abuse of discretion standard because the trial court is in the best position to evaluate the significance of any alleged prosecutorial errors. State v. Duffy, 1998-NMSC-014, 46, 126 N.M. 132, 967 P.2d 807. {27} Defendant's reliance on Hernandez is misplaced. Christopher Trujillo in New Mexico 283 people named Christopher Trujillo found in Albuquerque, Santa Fe and 6 other cities. We therefore find no error. Defendant was charged with conspiracy to commit depraved-mind murder on July 22, 1997. 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. And then Silly over here took the gun? 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. Ortega testified that Allison shot at Mendez first and then Defendant took the gun from Allison and shot at the other two. (3)the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. It is the court's duty to determine preliminary questions concerning the admissibility of evidence, see Rule 11-104(A) NMRA 2002, and this Court reviews the trial court's rulings for an abuse of discretion. The jury had before it evidence from two other eyewitnesses that identified Defendant as one of the shooters. This Court has recognized four primary dangers of hearsay which can potentially make a hearsay statement unreliable. {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. 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. No, you know, "I'm sorry, I. at 691, 104 S.Ct. Trujillo, Casey Trujillo found that something when he got. Los Trujillo Map. {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 us. We find there was sufficient evidence to convict Defendant of first-degree depraved-mind murder on either of these theories. WE CONCUR: PATRICIO M. SERNA, Chief Justice, and PETRA JIMENEZ MAES, Justice. {42} Defendant also claims that his attorney failed to complete his interview with Ortega. 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. Shortly after the shots were fired, Ortiz ran after Mendez and found him lying face down in the alley. The State has an affirmative duty to disclose any material evidence favorable to the defendant which the state is required to produce under the due process clause of the United States Constitution. Rule 5-501(A)(6) NMRA 2002. Detective J.D. Rule 11-804(A)(3) is simply the definition of unavailable that would apply to Ortiz and is not a ground for the admission of the statement. Decided: February 05, 2002 Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Lisa N. Cassidy, Albuquerque, NM, Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellant. {40} Defendant first argues that even the State in this case acknowledged from the outset that his counsel was ineffective, stating: What you have here is ineffectiveness of counsel crusading as someone who wants to disqualify me from participation in this case. 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. {10} It is the duty of this court to interpret the various provisions of the Constitution to carry out the spirit of that instrument. Bd. Chris Trujillo has been working as a Program Analyst at Los Alamos National laboratory for . 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. {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. Defendant's action of taking the gun from Allison to continue the shooting is clear evidence of accessory liability. Trujillo v. Sullivan, 815 F.2d 597, 613 (10th Cir.1987). According to Ortiz's statement, after Defendant resisted Allison's request for the gun, Defendant told the four down below, You guys think I'm joking, and began shooting. View Chris Trujillo results in New Mexico (NM) including current phone number, address, relatives, background check report, and property record with Whitepages. Find out which cars have the lowest insurance rates, plus key factors that affect your car insurance premiums. Chris J Trujillo 's Record in 2020 Name cemeteries found within miles of your location will be saved to your . Northern New Mexico College. This Court's mandatory appellate jurisdiction is not based on a prison sentence to a term of years, nor is it based on a first-degree murder conviction. {48} We next address Defendant's argument that the prosecutor engaged in prosecutorial misconduct that deprived him of a fair trial. See id. Chris Trujillo - Farm Bureau Financial Services - We make it simple to protect your family, home,. 2052) (internal citation omitted). As a result, we do not address Defendant's confrontation concerns on appeal. On the night of the shooting, Ortega identified Defendant as one of the shooters from a photo array shown to him by Detective Shawn. 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. {7} Defendant was tried, convicted, and sentenced for first-degree murder as a serious youthful offender pursuant to NMSA 1978, 31-18-15.3(D) (1993), which allows a district court to sentence the offender to less than, but not exceeding, the mandatory term for an adult. NMSA 1978, 31-18-14(A) (1993) grants the district court discretion in sentencing minors who have been convicted of a capital felony: [I]f the defendant has not reached the age of majority at the time of the commission of the capital felony for which he was convicted, he may be sentenced to life imprisonment but shall not be punished by death. (Emphasis added.) Second, the statement was more probative of the identity of the shooters than any other evidence the State could procure through reasonable efforts-in Ortiz's taped statement he indicated that there was a big guy wearing black jeans and a black t-shirt, presumably Allison, and a little guy wearing light blue jeans and a striped shirt, presumably Defendant, on the balcony and that the little guy did the shooting. He was buried on month day 2001, at burial place. Id., 31. Copyright 2023, Thomson Reuters. Engage via Email. Q. 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). 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. The Detective responded that Silly tried to sell him a gun, a .25 caliber. Defense counsel moved on with other questions and then moved for a mistrial, or in the alternative, for a curative instruction, after the jury was dismissed for the day, arguing that the statement was overly prejudicial. State v. Lopez, 1997-NMCA-075, 123 N.M. 599, 943 P.2d 1052 recognizes that courts ought to give a narrow interpretation of the word identification, stating: Identification in its usual sense hinges upon a witness' recognition of a suspect and ability to match the person then to the person now and give assurances that this is the same individual. Lopez, 1997-NMCA-075, 11, 123 N.M. 599, 943 P.2d 1052. We find that such evidence was inextricably part of the State's case. State v. Garcia, 114 N.M. 269, 275, 837 P.2d 862, 868 (1992). 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. Herrera stated that his findings were consistent with other physical evidence that tended to demonstrate that the shots were fired only downward. Detective Shawn testified that Ortiz identified Defendant from a photo lineup as one of the shooters, but refused to have his response recorded on tape. RESET. {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). Evidence that supports two contradictory inferences is properly said to have proved neither. Chris received a Bachelor of Arts degree from New Mexico Highlands University. 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 was born in Los Padilla's, New Mexico to Alfonso and Valentina Sosa, who proceeded him in death. 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). Furthermore, Ortiz was present and available for cross-examination, which meant the jury could observe his demeanor and make its own determinations regarding Ortiz's credibility. 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. Email. He stated that Mendez answered, We could be anywhere we want, Juaritos, and immediately thereafter shots were fired down at them from the balcony. It is true that the evidence tends to align itself with two different factual conclusions-that either Defendant or Allison shot and killed Mendez. We find sufficient evidence to support Defendant's one conviction for conspiracy to commit aggravated battery and affirm this conviction. Sisters, Alpha Quill and Robert Tixer . {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). According to Ortiz, Defendant shot at Mendez first and then let Allison shoot Canas and Ortega. The defendant helped, encouraged or caused the crime to be committed. There is sufficient evidence to support findings that (1) Allison committed an act greatly dangerous to the lives of others, (2) knowing that the act created a risk of death or great bodily harm, which indicated a depraved-mind, without regard for the lives of others, (3) that Defendant helped him commit that act, and (4) that Defendant shared Allison's purpose or design. The State also presented evidence that there was a verbal exchange between Allison, Defendant and Mendez and that some gang identification prompted the shooting. 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. 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. 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. 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. 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. Full Service Burial. Unlike the testimony in Orona, the prosecutor in this case did not substitute his words for those of Ortega. Ashley Lynae Trujillo Home US States New Mexico Bernalillo County, NM Brandon Trujillo. {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). 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. As a preliminary matter, we must first consider the question of whether Defendant preserved the confrontation issue for appellate review. Id. First, Ortiz's fear of retaliation went to his credibility, by showing that he had valid reasons-including the safety and well-being of himself and his family-for being less than candid about his cousin's and Defendant's involvement in the shooting at trial. $3895 . 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. We Are Available 24/7Albuquerque(505) 225-8282 | Santa Fe (505) 240-6663Live Chat. 3375, 87 L.Ed.2d 481 (1985)). This pay is 25 percent lower than average and 12 percent lower than median salary in Northern New Mexico . See Danzer v. Prof'l Insurors, Inc., 101 N.M. 178, 180, 679 P.2d 1276, 1278 (1984); see also Govich v. N. Am. The little guy then yelled at the four below, You guys think I'm joking, before shooting. Are you getting ready to buy a new car? 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. Defendant urges us to find that because of these facts, and because he was a child at the time of the crime, his sentence is so disproportionate as to shock the general conscience or violate principles of fundamental unfairness. We acknowledge that [a] sentence may constitute cruel and unusual punishment if its length is disproportionate to the crime punished, Burdex, 100 N.M. at 202, 668 P.2d at 318, and that it is within the province of the judiciary to review whether a sentence constitutes cruel and unusual punishment in violation of a constitutional provision. State v. Rueda, 1999-NMCA-033, 10, 126 N.M. 738, 975 P.2d 351. 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). art. 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. Defense counsel did not timely object to this line of questioning. Chris TRUJILLO, Defendant-Appellant. But what Detective Shawn found was consistent. Best Match Powered by Whitepages Premium AGE -- Christopher M Trujillo Roswell, NM (Southwest Roswell) View Full Report The practitioner's primary taxonomy code is 183500000X with license number RP00007033 (NM). The defendant intended that the crime be committed; 3. Although it appears that defense counsel did not interview Ortega prior to opening statements, the court noted that it would allow counsel to finish interviewing him before he took the stand. {5} Ortega testified that someone on the balcony asked the four men what they were doing in the Barelas neighborhood and that Mendez responded, We could be anywhere we want, Juaritos. Immediately thereafter shots were fired down at them from the balcony. . 2052). Public Records & Background Search Christopher David Trujillo, age 60, Denver, CO Background Check Christopher Eric Trujillo was born on month day 1966, at birth place, New Mexico. Defendant's case did not go to trial until November 9, 1998, leaving counsel nearly a year to challenge the indictment for this crime. 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. For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. He was shooting, and these guys over here took the gun away from his hands and started shooting at me and Jesus. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. Search Inmate Profiles (MOST POPULAR) So I'm going to leave it alone. He Then left school to pursue his dream in the Arts. {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). In any event, we do not agree that Detective Shawn is the person in the best position to gauge the candor of Ortiz's statement. See State v. Deaton, 74 N.M. 87, 90, 390 P.2d 966, 968 (1964). 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. 1 was here. 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. PAMELA B. MINZNER, Justice (concurring in part, dissenting in part). Because I find none of the other rules relied upon by the State and the trial court persuasive, I would remand for a new trial and not allow the substantive use of the evidence. 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. He claims that it was improper for the prosecutor to question Detective Shawn regarding his identification of the shooters. However, both Ortega and Ortiz indicated that one of the two men shot first at Mendez and then the other immediately shot at Ortega and Canas. It is unlikely that either the drafters of Article VI, Section 2 of the New Mexico Constitution, or this Court when it adopted Rule 12-102(A)(1), considered, or even foresaw, this issue when adopting the language limiting our mandatory appellate jurisdiction for criminal appeals to only those [a]ppeals from a judgment of the district court imposing a sentence of death or life imprisonment. N.M. Const. {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. You can view 1 entry, complete with personal details, location history, phone numbers, relatives and locations for Caitlyn Trujillo. 2052. The agreement may be established by circumstantial evidence. Inmate Profiles . However, he did not object to the admission of this evidence on confrontation grounds, nor did he raise or allude to any general constitutional violations which would occur as a result of its admission. Show on Map . {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. 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. He Was Born to Cathy Trujiilo and Anthony Suazo, Raised by his Grandparents in the small town Taos, New Mexico, USA. {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). 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. In contrast to his earlier jazz and funk inspired playing, Osbourne's band was more straightforward to hard rock and metal. 4. 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. 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. {63} Defendant argues that cumulative error requires a reversal in this case. 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 email address cannot be subscribed. Chris Trujillo was born and raised in Socorro, NM where his Mother and Father were very active members of the San Miguel Church and his Father, Mike A. Trujillo, was a Judge for 23 years up until his passing. 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. Thus, jurisdiction in this case is proper and we review Defendant's appeal on the merits. Any danger inherent in a true identification of a gang member, however, would also seem to argue against the candor of such a statement, especially to the police. Accordingly, we conclude that the prosecutor's leading questions did not constitute fundamental error. I also agree that there was sufficient evidence to support the conviction of conspiracy to commit aggravated battery. Do you know how many shots Charlie fired? Prosecutors say he and Christopher Trujillo kidnapped and murdered Cindy near Bernal in 2012. {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. This is where Chris became interested in law enforcement. Q. See the links below for more info. Click a location below to find Christopher more easily. {51} The trial judge denied Defendant's motion to dismiss on the basis that it came down to a swearing match between the two attorneys and she found no prejudice to the Defendant. {38} Defendant has the burden of showing ineffective assistance of counsel. {65} Defendant asserts that his sentence was disproportionate to his involvement in the crime as evidenced by the fact that the jury did not convict him of willful and deliberate murder, or of aggravated battery against Mendez, but rather of first-degree depraved-mind murder, which meant the jury clearly believed that Allison, not Defendant, shot the fatal shots. {58} Ortiz's former, or current, membership in the Barelas gang was important for two reasons. Ortiz, however, did have a motive to shift the blame for the fatal shot from his cousin to Defendant, assuming-as I think we can-that Ortiz was aware that eyewitnesses put both his cousin and Defendant on the balcony, and assuming familial loyalty to his cousin. She was a beloved daughter, wife, mother, grandmother, great-grandmother, and a friend to many.