Featured
Trial begins in 2022 'payback' fatal shooting in Northeast Albuquerque
Defense attorneys told jurors Wednesday that David Padilla feared for his life when he fired at least 13 gunshots, killing a man seated in his car outside an Albuquerque home.
Testimony began Wednesday in Padilla鈥檚 trial for first-degree murder and other charges in the March 5, 2022, shooting death of 23-year-old Devlin Rubi.
Both defense and prosecuting attorneys agree that Rubi fired the first shots, striking Padilla twice in the leg during an argument in front of a house in Albuquerque鈥檚 Northeast Heights.
Prosecutors allege that the injured Padilla, 45, fatally shot Rubi in 鈥減ayback and revenge鈥 after Rubi fired the initial shots.
The trial is scheduled to continue through Monday before 2nd Judicial District Judge Clara Moran.
Albuquerque police found Rubi shot to death in the driver鈥檚 seat of his Ford Focus in the driveway of a house in the 8000 block of Krim NE, near Paseo del Norte and Wyoming.
The home鈥檚 resident, Kellie Shugart, Padilla鈥檚 girlfriend at the time, drove Padilla to a hospital after the shootings. He was arrested the following day.
Shugart, 41, who is expected to testify this week, pleaded guilty in July to 34 felony counts in connection with the burglaries of about 20 Albuquerque businesses. She faces up to 15 years in prison at a sentencing hearing scheduled for Feb. 6.
Padilla鈥檚 attorney, Sarah Pepin, told jurors that after Rubi shot and injured Padilla, Rubi announced to others that he intended to kill Padilla.
After shooting Padilla, 鈥淗e walked into Kellie Shugart鈥檚 house and yelled about how he was going to kill David Padilla,鈥 Pepin said in opening statements.
鈥淩ubi went out to his car where David Padilla was staggering around leaving a blood trail,鈥 Pepin said. 鈥淒avid Padilla has heard that Devlin Rubi always has guns with him. He鈥檚 always armed.鈥
Rubi dropped a pistol in the front yard as he walked to his car and Padilla picked it up, Pepin said. Rubi started his car and put it in reverse, she said.
鈥淒evlin Rubi鈥檚 car had guns and ammunition everywhere,鈥 she said. 鈥淭he car pulls level with David (Padilla). Devlin Rubi cuts the lights, and David fears he鈥檚 about to be the victim of a drive by.鈥
When Rubi turned off the headlights, Padilla took it as a signal that Rubi was about to open fire, Pepin said.
鈥淒avid Padilla, pleading, terrified, defends himself the only way he can,鈥 she said. 鈥淗e鈥檚 holding Devlin Rubi鈥檚 gun. He pulls the trigger and he fires until the gun won鈥檛 fire anymore.鈥
Assistant District Attorney David Waymire told jurors that Padilla retrieved his own firearm after Rubi shot him in the leg.
Padilla 鈥済ets his own gun and comes out after Devlin Rubi,鈥 Waymire said in opening statements. Padilla 鈥渃omes out to the driveway and fires 14 times at the car and at Mr. Rubi.鈥
Rubi was struck by at least nine gunshots in the neck, arm and chest as he sat in the driver鈥檚 seat of his car, Waymire told jurors.
The Office of the Medical Investigator will testify that Rubi鈥檚 handgun was found unloaded in his pocket during the autopsy, he said.
Padilla shot Rubi as 鈥減ayback and revenge from having been shot in the leg,鈥 he told jurors.