Albuquerque, New Mexico 2021-10-19 13:49:00 –
In 2018, Chavez was convicted of a second murder for shooting Tyler Lucky in 2016. Chavez tried to steal Lucky until he pulled the gun. Lucky followed Chavez to his car, where he shot and killed Lucky. Chavez claimed to have shot Lucky in self-defense.
The court overturned the murder conviction and ordered a new trial to consider Chavez’s less charges. “The evidence has raised the question of fact to the jury as to whether he struck a gun and provoked the defendant sufficiently while preventing Mr Lucky from escaping,” the court said.
A spokesperson for the District Attorney’s Office for Bernarijo County issued a statement:
“How is a person who is struck by a gun and trying to rob an innocent person eligible to resign for a self-defense order or manslaughter after the victim defends himself?” It’s hard to understand. “
A spokesperson also said he would encourage the Attorney General of the State to request the State Supreme Court to revive the murder conviction.
NM Court of Appeals orders retrial for man convicted of killing ABQ veteran Source link NM Court of Appeals orders retrial for man convicted of killing ABQ veteran