Jury convicts man of second-degree murder in 2023 shooting in NE Albuquerque
Dorian McCuller
Published
Modified
A jury convicted a man in the 2023 shooting death of 44-year-old Richard Cabell but rejected the most serious charge of first-degree murder sought by prosecutors.
Jurors convicted Dorian McCuller, 45, of second-degree murder in Cabell鈥檚 killing outside a Northeast Albuquerque apartment complex.
The conviction followed a weeklong trial in 2nd Judicial District Court before Judge Matthew Chavez. No sentencing hearing has been scheduled.
McCuller鈥檚 attorney said in closing arguments that McCuller feared for his life and shot Cabell in self-defense after a confrontation between the two men. Cabell punched McCuller during the argument, causing McCuller to black out, defense attorney Deidre Ewing told jurors.
鈥淗e鈥檇 been led to believe that Mr. Cabell had a gun,鈥� Ewing said Friday in closing arguments. 鈥淗e had already been subject to violence at the hands of Mr. Cabell and he was sure he was going to be shot. Mr. McCuller was terrified for his life.鈥�
Prosecutors argued that McCuller had several opportunities to walk away from the confrontation after McCuller was struck in the face.
鈥淩ichard (Cabell) had walked away from the defendant,鈥� Assistant District Attorney Rebecca Needhammer told jurors. 鈥淭here was time to cool off. There was time to make a different choice.鈥�
Needhammer cited a witness who testified this week that Cabell was 鈥渃owering in fear鈥� in the moments before he was shot.
鈥淭o shoot someone who鈥檚 afraid of you is not what a reasonable person would do,鈥� Needhammer said in closing arguments. 鈥淭he defendant got punched. But again, shooting someone for that is not reasonable.鈥�
Albuquerque police responded around 4 p.m. on June 20, 2023, to a shooting at the Copper Ridge Apartments, near Tramway and Copper NE, according to a criminal complaint filed in Metropolitan Court. Officers found Cabell shot to death in a roadway entering the complex.
Within days of Cabell鈥檚 death, McCuller showed up to a behavioral health hospital in Temple, Texas, saying he 鈥渕ay have hurt someone in Albuquerque,鈥� according to court records.
McCuller told a detective that he and Cabell fought over a woman at the apartment and Cabell punched him in the face, according to the complaint. McCuller said he got 鈥渆xtremely angry鈥� and 鈥渂lacked out.鈥�
