Featured
Jury convicts man in 2022 killing at Calvary Church
Published
Modified
Jurors on Wednesday found Marc Ward guilty of intentionally using a truck to strike and kill a 61-year-old security guard in the parking lot of Calvary Church in 2022.
Ward, 36, told jurors this week he was a longtime member of the Albuquerque megachurch who often sat alone in the church鈥檚 parking lot, which he considered a 鈥渟afe haven.鈥�
The 2nd Judicial District Court jury convicted Ward of first-degree murder in the killing of 61-year-old Daniel Bourne, who was fatally struck as he approached the truck on Sept. 23, 2022.
The conviction will require Ward to remain in prison at least 30 years before he is eligible for parole. District Judge David Murphy has not scheduled a sentencing hearing.
Prosecutors told jurors in closing arguments Wednesday that Ward used his father鈥檚 Ford F150 to strike Bourne twice, 鈥渕aking sure Daniel Bourne was dead.鈥�
Ward鈥檚 attorneys acknowledged that Ward struck and killed Bourne but argued that the death was accidental and unintentional.
鈥淛ustice was served,鈥� Bourne鈥檚 wife, Olivia Bourne, said after Murphy read the verdict. Bourne, who retired in 2008 as former Bernalillo County Fire Rescue commander, was the father of three children, she said.
鈥淒ifficult doesn鈥檛 begin to describe it,鈥� she said of her husband鈥檚 death. 鈥淲ith God, we鈥檒l get through this.鈥�
Calvary Church is one of New Mexico鈥檚 largest churches with an estimated 10,000 to 12,000 members, a church official testified last week.
Skip Heitzig, Calvary鈥檚 senior pastor, attended much of the six-day trial along with dozens of other Calvary Church members. Heitzig was absent Wednesday to prepare for a Wednesday evening service, members said.
Testifying in his own defense this week, Ward said he 鈥減anicked鈥� when he saw a man approaching him with a weapon. Ward said he covered or closed his eyes while he turned his vehicle, unintentionally striking Bourne.
Ward also told jurors he was unaware that he had struck and killed Bourne until the time of his arrest.
Ward鈥檚 attorney, Max Pines, said prosecutors failed to prove that Bourne鈥檚 death was not an accident.
Ward has been a member of Calvary Church for 26 years and often has spent time in the church parking lot, Pines said.
鈥淗e watches YouTube in his car and hangs out,鈥� Pines told jurors. 鈥淚t鈥檚 his safe place.鈥�
Ward was startled by the glare of a flashlight, Pines said.
鈥淗e suddenly sees the gun drawn and pointed,鈥� Pines said. 鈥淗e lifts his hands to cover his face. Gunshots and impacts ring out.鈥�
Fearful of more danger, Ward fled the parking lot, he said.
Prosecutor Savannah Brandenburg-Koch told jurors Wednesday that Ward accelerated in the moments before he struck Bourne, then wheeled the truck around and struck Bourne a second time.
Bourne drew a handgun in the moments before he was struck and fired two gunshots at the truck. One gunshot struck the radiator, which left a fluid trail that prosecutors said traced the truck鈥檚 movements in the parking lot.
Bourne also began recording a video on his cell phone just minutes before he was killed that recorded audio of the final minutes of his life, which prosecutors played repeatedly for jurors throughout the eight-day trial. Bourne鈥檚 shirt largely obscured visual images of the 11-minute recording.
鈥淵ou hear the acceleration of the truck before you hear shots,鈥� Brandenburg-Koch told jurors. 鈥淗e pulls out his gun trying to defend himself before (Ward) strikes him with the vehicle.鈥�
Bourne fired two gunshots in the moments before he was struck by the vehicle the first time, she said.
鈥淲here are you supposed to go when an F150 is running you down in a parking lot where there鈥檚 nowhere to hide?鈥� she said.
Prosecutors told jurors that the path of the liquid trail and the sound on the video indicate that Ward then turned his truck around and struck Bourne a second time.
Ward 鈥渃ircled back around, and we know that as well because of the liquid trail,鈥� Brandenburg-Koch said. 鈥淎nd that second time, making sure Daniel Bourne was dead by hitting him again.鈥�
In the video, Bourne鈥檚 breathing becomes labored after he was struck the second time, prosecutors said. The recording indicates that Bourne continued breathing for several minutes after he was struck.
Prosecutors alleged that Ward circled around again, then stopped to drag Bourne鈥檚 body into the arroyo, leaving a pool of radiator fluid in the parking lot.
Albuquerque police used a photo Bourne took of the truck鈥檚 license plate and learned it was registered to Ward鈥檚 father. A search warrant also found a pair of jeans with two small blood stains that matched Bourne鈥檚 blood, prosecutors said.
