A 22-year-old New Mexico man, Ervin Joaquin Gutierrez, has been arrested and charged with an open count of murder after allegedly shooting and killing his 25-year-old cousin, Nathaniel Cavazos, following an argument over whose green chile enchiladas were spicier.
Police were called shortly before 11 p.m. on August 27 following reports of gunfire. Officers found Cavazos unresponsive on a walkway outside an apartment complex with multiple gunshot wounds. He was pronounced dead at the scene.
According to an affidavit, a witness who was a cousin of both men said the group had spent the afternoon drinking alcohol and preparing green chile enchiladas.
The disagreement reportedly began during dinner when Gutierrez insisted the chile on his plate was hotter than the one on Cavazos’ plate. Cavazos argued that the enchiladas had been prepared together and should have the same level of heat.
The argument later moved outside and turned physical. The witness said Cavazos punched Gutierrez, causing him to blood.
Authorities said Cavazos was shot three to four times in the back from about 10 feet away and was unarmed at the time. Gutierrez allegedly fled the scene.
A handgun belonging to Cavazos was later recovered about 10 yards from his body, though witnesses said he did not have it drawn during the shooting.
Gutierrez surrendered to police in downtown Albuquerque the following day. The case remains under investigation.