近距离内射合集

LAS CRUCES 鈥� In a prelude to an appeal, Tomas Rivas was back in court Friday for a hearing in which he asked the trial judge to throw out his murder conviction or order a new trial.

A jury found Rivas guilty in February on three counts of first-degree murder over the 2025 shootout in Young Park. The verdict held the 21-year-old accountable for the deaths of Dominick Estrada, 19; Andrew 鈥淎J鈥� Madrid, 16; and Jason Gomez, 17.

In a series of motions, Rivas鈥� defense attacked the legal basis for the verdict and raised allegations of misconduct by prosecutors as well as a jury member.

First, defense attorney Thomas Clark alleged the jury did not have sufficient evidence to convict Rivas of first-degree murder. The main problem, Clark argued, is that no evidence showed his client actually killed anyone the night of March 21, 2025.

Rivas was convicted of 鈥渄epraved mind鈥� murder. Despite evidence that he did not fire the shot that killed Estrada, and no conclusive evidence he had even wounded the other victims, the jury found that Rivas acted with extreme recklessness and indifference to human life when he took part part in a shootout amid a crowd that had gathered at the park for a car show.

Prosecutors said Rivas and three other defendants went to the park armed, planning to kill Estrada. Gomez and Madrid were bystanders who died of gunshot wounds while at least 14 others were injured.

Clark argued that the law required proof that Rivas鈥� actions were a significant cause of death, and that prosecutors failed to show that.

鈥淲ithout proof linking a fatal projectile to Rivas鈥� firearm 鈥� or proof that he intentionally aided and caused another to commit the fatal act 鈥� the State failed to establish proximate cause beyond a reasonable doubt,鈥� Clark wrote in a motion following the trial.

New Mexico is one of a few states that includes depraved-mind homicide as a first-degree murder charge, which carries a lifetime prison sentence and a minimum of 30 years before parole is considered, if ever. The statute allowed Rivas to be convicted as an accessory to murder if he intended it to happen, encouraged it or aided others in doing it, even if he did not fire the shot that killed anyone.

Clark argued that the jury did not have sufficient evidence proving Rivas harbored that intent. At trial, Rivas said he fired his weapon in self-defense rather than indiscriminately and that he retreated as chaos unfolded.

But on Friday, District Attorney Fernando Macias insisted the evidence showed Rivas 鈥渄oing everything he could to kill Dominick Estrada鈥� and that the statute鈥檚 requirements had been met.

Judge Douglas Driggers ruled that the jury鈥檚 verdict would stand and Clark confirmed he would pursue the issue on appeal.

In a different motion, Rivas鈥� team argued that Las Cruces Police Detective Andrew Contreras, the lead investigator into the shootings, conducted additional witness interviews and pursued inquiries pertaining to bullet casings the week before trial. Clark said the findings of the investigation may have aided Rivas鈥� defense or weakened the state鈥檚 case, but were not clearly presented by prosecutors.

Further, Rivas alleged that Contreras falsely testified that he had not conducted further investigations ahead of the trial.

In a written response to the motion, the DA鈥檚 office conceded that it had not provided a supplemental report and diagram in a timely manner, but in court Macias said the evidence was made available and that the oversight did not deprive Rivas of a fair trial.

Driggers again let the verdict stand, paving the way for an appeal.

Regarding alleged jury misconduct, Driggers set an evidentiary hearing for May 7 to examine a defense claim that the jury foreperson exchanged text messages with a non-jury member about the case during trial.

The motion is under seal in order to protect the identity of jurors and Friday鈥檚 hearing did not identify any individuals involved, but Driggers clarified that the subsequent hearing and witness testimony would be public.

Rivas鈥� brother, Nathan Rivas, 18, was also convicted of three counts of first-degree murder in February. During the past week, a third defendant, Josiah Ontiveros, 16, was convicted on all three counts as well. The fourth defendant, Gustavo Dominguez, 18, is set for trial in July. 

Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.