COURTS
Murder charge in 2017 killing ends with hung jury
Jury acquitted Marco Martza of armed robbery, other charges
Published
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Jurors failed to reach a verdict Monday on a charge of first-degree murder in the 2017 shooting death of 19-year-old Jon Paul Carabajal that prosecutors described as a robbery-turned-killing at a Northeast Albuquerque park.
But jurors acquitted Marco Martza, 29, on charges of armed robbery, shooting at or from a vehicle and conspiracy in the 9-year-old case, said John McCall, Martza's attorney.
The verdicts followed a five-day trial in 2nd Judicial District Court overseen by Judge Courtney Weaks.
The split verdict opens the possibility that Martza could be retried on charges of first-degree murder, second-degree murder and voluntary manslaughter in Carabajal's killing.
A spokeswoman for the 2nd Judicial District Attorney's Office said prosecutors plan to retry Martza. He remained in custody Monday.
On April 30, 2017, police responded around 2:40 a.m. to a shooting outside Stardust Skies Park near Pennsylvania and Montgomery NE and found Carabajal lying in the street beside his car. An autopsy found he had been struck by up to six bullets.
At least a dozen shell casings and one live round were found scattered around the residential street in the 3800 block of Julie NE. Prosecutors presented evidence showing that Martza's DNA was found on at least one of the shell casings.
No charges were filed in the case for more than seven years after the killing. Martza and his ex-girlfriend, Daisy Ortiz, both were charged in 2024 with first-degree murder in Carabajal's death.
Ortiz pleaded no contest in April 2025 to tampering with evidence and possession of a controlled substance and faces up to 4 1/2 years in prison. Her sentencing hearing has not been scheduled. Prosecutors dismissed four felony charges against Ortiz, including first-degree murder and armed robbery, court records show.
Deputy District Attorney Derek Berg said Friday in closing arguments that Martza shot Carabajal at close range in the head "execution-style" based on forensic and DNA evidence found on shell casings at the scene.
Defense attorney McCall responded that at least six people were at the scene firing multiple weapons, raising questions about Martza鈥檚 role in the killing. McCall also argued that nothing connects Martza to the shooting other than Ortiz's testimony and DNA evidence that doesn't place Martza at the scene.
Olivier Uyttebrouck covers the court system. You can reach him at olivier@abqjournal.com.
