A New Mexico man faces a murder charge after an argument with his cousin over the spiciness of green chile enchiladas allegedly escalated into a fatal shooting, authorities said.
Albuquerque police arrested Ervin Joaquin Gutierrez, 22, and charged him with an open count of murder in the August 27 death of 25-year-old Nathaniel Cavazos.
Argument began over green chile
According to an arrest affidavit, Gutierrez traveled from Roswell to Albuquerque to cook dinner with Cavazos and another cousin.
The group spent the afternoon drinking alcohol and preparing green chile enchiladas. During dinner, Gutierrez repeatedly argued that the chile on his enchiladas was hotter than the chile on Cavazos’ plate.
Gutierrez challenged Cavazos to try his food, but Cavazos reportedly responded that the men had prepared the enchiladas together and that the chile should have the same level of heat.
As tensions increased, the third cousin suggested taking a dog for a walk to give the men an opportunity to cool down.
Dispute turned into a physical fight
The argument continued outside the apartment, where Gutierrez and Cavazos fought, according to investigators.
A witness told police that Cavazos punched Gutierrez and left him bleeding. After the fight ended, Cavazos began walking away. Gutierrez then allegedly pulled out a handgun and confronted him.
The witness told investigators that Gutierrez shouted, “We’re family! We’re family! How could you do this to me?” before opening fire.
Cavazos died at apartment complex
Police responded to the Copper Hills apartments shortly before 11 p.m. after reports of gunfire. Officers found Cavazos unresponsive on a walkway with multiple gunshot wounds. Authorities pronounced him dead at the scene.
A witness told investigators that Gutierrez allegedly fired three or four times from roughly 10 feet away, striking Cavazos in the back as he walked away without a weapon in his hands.
Investigators later found a handgun belonging to Cavazos at least 10 yards from his body. The witness said Cavazos did not have the weapon drawn during the shooting.
Gutierrez surrendered to police
Gutierrez allegedly fled after the shooting. The witness later received Snapchat messages from Gutierrez asking, “Is he really dead?”
Gutierrez also allegedly claimed that Cavazos had previously threatened his life. “I did not want to kill him but i didn’t want him to kill me,” Gutierrez allegedly wrote.
Gutierrez surrendered to Albuquerque police in downtown Albuquerque on August 28. Officers arrested him that evening, and jail staff booked him into the Metropolitan Detention Center shortly after midnight, according to jail records. He faces an open count of murder.
In January, a similar food dispute turned deadly in Fort Worth. Police accused an 18-year-old of fatally shooting his 19-year-old friend after the victim refused to share french fries, as previously reported by The Dallas Express. Authorities later charged the suspect with murder.
