sa国际传媒官网网页入口

Jurors began deliberating Friday in the retrial of a man previously convicted in the 2016 shooting death of an Army veteran during an sa国际传媒官网网页入口 ATM robbery.

Matthew Chavez, 34, was convicted in 2018 of second-degree murder and attempted armed robbery and sentenced to 23陆 years in prison for the shooting death of 24-year-old Tyler Lackey.

In October 2021, the New Mexico Court of Appeals ruled that the district judge was wrong to reject Chavez鈥檚 request for an instruction that would have allowed the jury to consider a lesser charge of voluntary manslaughter.

Then-New Mexico Attorney General Hector Balderas filed a petition asking the New Mexico Supreme Court to review the decision. The state鈥檚 highest court rejected the petition in 2023, clearing the way for a retrial.

Chavez鈥檚 retrial in 2nd Judicial District Court on charges of second-degree murder and tampering with evidence began Monday before Judge Cindy Leos.

Prosecutors argued on Friday that Chavez fired the fatal shots in an attempt to escape capture after Lackey drew a gun and confronted Chavez during the attempted robbery.

Assistant Attorney General John Duran told jurors that Chavez realized he was 鈥渂usted鈥� and attempted to get away, first by pleading with Lackey, then by shooting him.

The three gunshots Chavez fired at Lackey were intended as a 鈥渕eans of escape鈥� after Lackey cornered Chavez in his car, Duran told jurors.

鈥淚 would submit to you that Tyler (Lackey) shot his gun nearly simultaneously鈥� when Chavez fired, Duran said. Lackey鈥檚 gunshot may have been a 鈥渞eflexive鈥� action when Chavez opened fire, he said.

Chavez then sped out of the parking lot of a pizza restaurant at Gibson and Yale SE and later set fire to the vehicle in an alley, Duran said.

Chavez鈥檚 attorney, Maxwell Pines, argued that Lackey became the aggressor when he drew a handgun, followed Chavez to his car and pointed his weapon at Chavez and his girlfriend.

Lackey 鈥渓ost his cool鈥� after Chavez approached him from behind at the ATM and demanded money, Pines told jurors.

Lackey was killed on Feb. 5, 2016, after making a cash withdrawal from an ATM on Gibson Boulevard.

Prosecutors allege that Chavez initiated the deadly confrontation by attempting to rob Lackey, who had a concealed-carry permit and drew a handgun to defend himself.

Chavez鈥檚 attorneys argued that Lackey escalated the conflict by pointing a gun at Chavez and his girlfriend.

Lackey鈥檚 response 鈥渨ent way beyond a reasonable response,鈥� Pines told jurors. 鈥淚t developed into an out-of-control situation. Mr. Chavez is petrified and trapped.鈥�

He cited testimony during the weeklong trial that he said indicated that Lackey fired the first gunshot, which struck the steering wheel of Chavez鈥檚 car.

鈥淪hooting a gun into a car occupied by two people is not a justified response鈥� to an attempted robbery, Pines told jurors. Chavez then returned fire in self-defense, he said.

Chavez 鈥渋s not guilty because he reasonably acted in self-defense in this case,鈥� Pines said.

Assistant Attorney General Jennifyr Vickery told jurors that Chavez鈥檚 actions after the killing indicate that Chavez was aware of his guilt. Those actions included disposing of his gun and cellphones, burning his car and fleeing New Mexico.

鈥淚f (Chavez) believed that he had acted in self-defense, as the defense is trying to say, would he have burned the car immediately following the shooting?鈥� Vickery asked jurors.