Ervin Joaquin Gutierrez, 22, was arrested and charged with an open count of murder after allegedly shooting his 25-year-old cousin, Nathaniel Cavazos, during a dispute over the spiciness of green chile enchiladas at an apartment complex in Albuquerque, New Mexico, on 27 August 2026.
Police responded to reports of gunfire at the Copper Hills apartment complex in northeast Albuquerque shortly after 11 p.m. Cavazos was found unresponsive on a walkway outside the complex with multiple gunshot wounds and was pronounced dead at the scene.
According to court documents and witness accounts cited by local media, Gutierrez had travelled from Roswell to Albuquerque to spend time with Cavazos and another cousin. The group spent part of the afternoon drinking and preparing green chile enchiladas.
The disagreement reportedly began during dinner after Gutierrez repeatedly claimed that the chile in his enchiladas was hotter than the chile in Cavazos’ dish.
Cavazos reportedly argued that the cousins had prepared the food together and that the dishes should therefore have the same level of heat.
A third cousin attempted to ease the tension by suggesting that they take a walk with a dog, according to the witness account. The attempt did not settle the disagreement, which later developed into a physical confrontation.
The witness told investigators that Cavazos punched Gutierrez, leaving him bleeding.
Court records cited in local reports state that Cavazos subsequently attempted to walk away. Gutierrez allegedly produced a handgun and fired several times, striking Cavazos in the back. One local report based on the witness account said three or four shots were fired.
A handgun believed to belong to Cavazos was later found roughly 10 yards from where his body was discovered. The witness said Cavazos did not have the firearm drawn when the shooting occurred.
The presence of the firearm may become significant as the case proceeds, particularly because reports say Gutierrez later claimed that he had acted in self-defence.
After the shooting, Gutierrez left the scene. He later surrendered to police in downtown Albuquerque and was taken into custody. He remains accused, rather than convicted, and the case is continuing through the courts.
The case has attracted attention because the reported dispute began over something seemingly minor before escalating into a fatal confrontation.
However, the circumstances surrounding the shooting remain a matter for investigators and the courts. The allegation that Gutierrez acted in self-defence has not been established as fact, while prosecutors will have to present their case through the judicial process.
