Ervin Joaquin Gutierrez, 22, is accused of killing his 25-year-old cousin, Nathaniel Cavazos
Credit: Albuquerque police
NEED TO KNOW
- Ervin Joaquin Gutierrez allegedly shot and killed his cousin Nathaniel Cavazos after an argument over spicier enchiladas escalated
- The incident occurred during a family gathering in Albuquerque, N.M., where the two had been drinking and cooking together
- Cavazos’ family held a vigil, remembering him as a kind person who loved helping others and making people smile
A New Mexico man is in police custody after he allegedly fatally shot his cousin following an argument over whose enchiladas were spicier.
Ervin Joaquin Gutierrez, 22, was charged with an open count of murder, according to online records for the Metropolitan Detention Center viewed by PEOPLE. He was arrested on Saturday, Aug. 29, and remains in custody as of Wednesday, Sept. 2.
It is not known if Gutierrez has retained an attorney.
Gutierrez allegedly shot and killed his 25-year-old cousin, Nathaniel Cavazos, after the two had been drinking and cooking green chile enchiladas with other family members on the night of Aug. 27, NBC affiliate WOAI, KOB4 and NBC News reported.
PEOPLE reached out to the Albuquerque Police Department, but did not immediately receive a response.
A witness, who identified himself as a cousin of both Gutierrez and Cavazos, told investigators that things got tense between the victim and Gutierrez after the two argued in an Albuquerque apartment complex over who cooked the spicier enchiladas.
Gutierrez drove from Roswell to Albuquerque to fix the meal with his family, KOB4 reported, citing court documents.
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The verbal disagreement allegedly led to a physical altercation.
“We’re family! We’re family! How could you do this to me?” Gutierrez said before shooting Cavazos in his back between three and four times as he tried to walk away, WOAI reported, citing a witness statement in an affidavit. The two were standing about 10 feet apart, according to the outlet.
Gutierrez allegedly fled the scene before responding officers arrived shortly before 11 p.m. local time, per the outlet.
Cavazos died at the scene.
Gutierrez reportedly reached out to family members via Snapchat asking, “Is he really dead?” claiming Cavazos threatened him first, WOAI reported. “I did not want to kill him but i didn’t want him to kill me,” Gutierrez allegedly said on the social networking app.
A vigil was held for the 25-year-old, who lived and worked at the Copper Hills Apartments in northeast Albuquerque, per KOB4.
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“It’s sad. It’s very sad that such a kind person was taken due to violence, and just—it’s just something that you just don’t really think that could happen, and especially so close to home,” a neighbor, identified only as Savannah, told the outlet at the vigil.
“You needed help, he would help every single person around here from our other residents to our disabled residents to helping them walk downstairs,” another neighbor, whose identity was not provided, shared.
Cavazos’ family was also present at the vigil, but told the local news station they weren’t ready to speak on camera yet.
His relatives want the 25-year-old to be remembered as someone who laughed a lot and loved making others smile.
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