- Wednesday, September 2, 2026

A 22-year-old New Mexico man has been charged with murder after allegedly shooting his cousin to death during a dinner argument over whose green chile enchiladas were spicier, according to an arrest affidavit cited by News4SanAntonio.

Ervin Joaquin Gutierrez was charged with an open count of murder in the Thursday killing of 25-year-old Nathaniel Cavazos at the Copper Hills apartment complex in northeast Albuquerque. Mr. Gutierrez had driven from Roswell to cook dinner with his cousins, according to Albuquerque’s KOB4, which reported that a third cousin, Kamyl Serrano, was also present.

Police responding to reports of gunfire shortly before 11 p.m. found Mr. Cavazos unresponsive on a walkway outside the complex, suffering from multiple gunshot wounds. He died at the scene.



A witness told investigators the group had spent the afternoon drinking alcohol and cooking green chile enchiladas when Mr. Gutierrez began insisting his plate was spicier than Mr. Cavazos’, challenging him to try it. Mr. Cavazos responded that all the food had been prepared together and was equally hot, the affidavit states. Mr. Serrano suggested the group take their dogs for a walk to defuse the tension, but the argument escalated into a physical fight in which Mr. Cavazos punched Mr. Gutierrez, leaving him bleeding.

After the fight ended and Mr. Cavazos began walking away, Mr. Gutierrez allegedly drew a handgun and confronted him, shouting, “We’re family! We’re family! How could you do this to me?” before opening fire. Mr. Cavazos was shot three to four times in the back from roughly 10 feet away while unarmed, according to the affidavit. A handgun belonging to Mr. Cavazos was later found about 10 yards from his body; witnesses said he never drew it.

Mr. Gutierrez fled the scene but turned himself in to police in downtown Albuquerque the following day. In Snapchat messages sent to the witness afterward, he allegedly asked, “Is he really dead?” and claimed Mr. Cavazos had previously threatened his life.

Mr. Cavazos had worked at the Copper Hills complex for about a year, and neighbors there told KOB4 he was well known for helping residents.

“It’s sad. It’s very sad that such a kind person was taken,” one neighbor, identified only as Savannah, said. Mr. Cavazos’ family attended a vigil but declined to speak publicly, saying they want him remembered as someone who made others laugh.

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It was not immediately clear whether Mr. Gutierrez had retained an attorney.

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