State v. Quintana

644 P.2d 531 (N.M. 1982)

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Nature of the Case

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Facts

There was an altercation between two groups of men at the bridge that separates East and West Pecos, New Mexico. One of the groups drove their damaged trucks to D's trailer. D, for approximately seven months, had been the deputy marshal for the Village of West Pecos and a special deputy sheriff for San Miguel County. D got dressed in his official shirt and badge and went to investigate the incident. D drove to the Valencia residence in East Pecos. D got out of the truck, identified himself twice as the deputy marshal and said he wanted to talk. He then heard several 'pop shots' like the discharge of a small automatic weapon. He assumed that someone was shooting at him. He testified that he then shot his rifle into the air three or four times. Someone then grabbed D and said, 'let's go'; D returned to his trailer. D denied ever shooting towards the group of men. After D left, Lopez was found hiding near a car. He was taken to the hospital. All members of the Lopez group testified that none of them had any firearms. Also, they did not see who shot at them. Lopez died May 26, 1980, from infection caused by a single gunshot wound. The bullet came from D’s gun. D was charged with Lopez' death. At the hospital, Lopez gave his lawyer details about the shooting. Lopez was not told he was going to die, but he knew that he had been severely injured. Lopez knew his back was broken and that he faced a significant risk of death. Lopez died three hours after giving the statements to his lawyer. They were admitted as a dying declaration. D was convicted and appealed. The court of appeals reversed. P appealed.