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“Is He Really Dead?”: Family Dinner Ends in Tragedy as Albuquerque Man Faces Murder Charge

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Booking mugshot photo of 22-year-old Ervin Joaquin Gutierrez provided by Albuquerque Police Department

A family evening over green chile enchiladas in Albuquerque took a horrifying turn when a disagreement about how spicy the food was allegedly escalated into a fistfight and then a fatal shooting. Twenty-five-year-old Nathaniel Cavazos was killed on Aug. 27, and his cousin, 22-year-old Ervin Joaquin Gutierrez, is now facing an open count of murder.

According to an arrest-warrant affidavit cited by NBC News, the cousins had been drinking, cooking and spending time together before the argument erupted. What happened next allegedly transformed an ordinary family gathering into a deadly confrontation that is now the subject of a homicide investigation.

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New Mexico Enchilada Argument Allegedly Escalates From Dinner Dispute to Physical Fight

Gutierrez reportedly arrived earlier that afternoon to visit Cavazos and another cousin. The three relatives later went grocery shopping before returning to the apartment, where they prepared green enchiladas while drinking alcohol.

The tension reportedly started over the chile.

Gutierrez allegedly repeatedly insisted that the chile on his enchiladas was hotter than the chile on Cavazos’ plate. Cavazos reportedly disagreed, arguing that there could not be a difference because everyone had eaten the same enchiladas.

The argument continued despite the third cousin trying to calm things down by suggesting they take his dog for a walk.

According to the witness account included in the arrest warrant, the disagreement eventually became physical. Cavazos allegedly punched Gutierrez, and the two men began fighting. The witness told investigators that Cavazos hit Gutierrez hard enough to leave him bleeding.

Eventually, the fight stopped.

Cavazos then began walking away.

That moment allegedly became the turning point in the confrontation.

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Witness Claims New Mexico Man Pulled Handgun and Fired at Cousin

According to the witness, Gutierrez allegedly pulled out a handgun and confronted Cavazos as he walked away.

The witness told investigators that Gutierrez said:

“We’re family! We’re family! How could you do this to me?”

The witness reportedly placed Cavazos about 10 feet away and said he was not holding a weapon when Gutierrez allegedly fired three or four shots.

Cavazos was reportedly struck in the back. Gutierrez then allegedly fled the scene.

Albuquerque police responded to the shooting shortly before 11 p.m. and found Cavazos unresponsive in a pool of blood on a walkway between apartment buildings. The arrest-warrant affidavit states that he had been shot at least once and died from his injuries.

Local reports identified the location as the Copper Hills apartment complex in northeast Albuquerque, near the 4200 block of Spanish Bit Street NE.

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Snapchat Message After Shooting Raises Questions About Self-Defense Claim

The investigation later gained another significant piece of evidence when the cousin who witnessed the shooting showed police a Snapchat message allegedly sent by Gutierrez after the incident.

According to investigators, Gutierrez appeared to suggest that Cavazos had threatened his life.

The messages allegedly included:

“Is he really dead?”

Gutierrez then allegedly wrote:

“I did not want to kill him but i didn’t want him to kill me.”

The messages could become important as prosecutors and defense attorneys examine what Gutierrez believed was happening at the time of the shooting. However, the messages themselves do not establish a legal finding that the shooting was committed in self-defense.

That question will ultimately depend on the evidence and arguments presented during the criminal proceedings.

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Police Recover Handgun Near Nathaniel Cavazos’ Body

Investigators also reported finding a handgun believed to have belonged to Cavazos at least 10 yards from his body.

The firearm is now part of the evidence being examined as authorities reconstruct the moments surrounding the shooting. Its discovery adds another layer to the case, particularly as investigators consider the competing pieces of evidence surrounding the confrontation.

The witness, however, told police that Cavazos was not holding a weapon when Gutierrez allegedly fired and that Cavazos was walking away from the fight.

How those details are interpreted could become important as the case progresses.

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Ervin Gutierrez Arrested on Open Count of Murder in Albuquerque

Following the shooting, Gutierrez left the scene. Albuquerque police later took him into custody, and he was booked into the Metropolitan Detention Center on an open count of murder.

Jail records cited by NBC News indicate that Gutierrez was arrested Friday evening and booked shortly after midnight Saturday.

Albuquerque Police Department homicide statistics also list an Aug. 27 homicide at the relevant location and identify Gutierrez as having been arrested in connection with the investigation. The department’s dashboard listed 40 homicide victims in Albuquerque through Aug. 29, 2026, including 32 cases recorded as solved and eight still active. Those numbers can change as investigations continue.

Official detailInformation
DefendantErvin Joaquin Gutierrez
Age22
VictimNathaniel Cavazos
Victim’s age25
Reported date of shootingAug. 27, 2026
LocationCopper Hills apartment complex, Albuquerque, New Mexico
ChargeOpen count of murder
Arresting agencyAlbuquerque Police Department
Custody locationMetropolitan Detention Center

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What Happens Next in the Albuquerque Murder Case?

Gutierrez’s case remains in its early stages. An open count of murder means he has been charged in connection with Cavazos’ death while the precise degree of homicide remains to be determined through the legal process.

Gutierrez made an initial court appearance, with the case expected to proceed in New Mexico’s Second Judicial District Court. A detention hearing was expected to follow.

Most importantly, the allegations contained in the arrest warrant are not findings of guilt. Prosecutors must prove the murder charge in court, and Gutierrez remains legally presumed innocent unless and until he is convicted.

The case has drawn attention because of the startling chain of events described by investigators: a family gathering, an argument over the heat of green chile enchiladas, a physical fight and, ultimately, a fatal shooting between two cousins.

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Disclaimer and Sources

This article is based on publicly available police information, court documents and reporting available at the time of publication. The allegations against Ervin Joaquin Gutierrez have not been proven in court. He is presumed innocent unless and until proven guilty.

Sources reviewed for this report include NBC News, the Albuquerque Police Department’s 2026 Homicide Statistics, KOAT, ABQ RAW and KRQE/ABC affiliate reporting published via AOL. The article presents the allegations and investigative details as reported in those sources and does not independently establish guilt or self-defense.

Sources

Featured Image Credit: Albuquerque Police Department

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