Man Accused of Killing Cousin After Argument Over Whose Green Chile Enchiladas Were Spicier

An Albuquerque man is accused of fatally shooting his cousin on 27 August 2026 after an argument over whose green chile enchiladas were spicier escalated during a family gathering, according to police records.

Gutierrez is charged with an open count of murder. Under New Mexico law, an open murder charge allows the case to proceed without limiting it at that stage to a single degree of homicide.

Police documents say the two cousins had spent the afternoon drinking and cooking together after Gutierrez travelled from Roswell to visit relatives.

The dispute reportedly began over the same batch of green chile enchiladas before turning into a physical fight at the apartment complex.

Green Chile Enchiladas Dispute Escalated Into Fight

According to the account provided, the gathering began as a family visit rather than a confrontation. Gutierrez had driven to Albuquerque from Roswell, and the cousins spent time preparing a homemade meal before the disagreement began.

The argument focused on whose portion of the green chile enchiladas was spicier, even though both men ate from the same batch. What began as a verbal disagreement then developed into a physical altercation.

Police documents state that Cavazos punched Gutierrez during the fight, causing him to bleed from the face. The records say Cavazos then turned and walked away. Investigators allege Gutierrez drew a handgun and fired multiple times at Cavazos from roughly 10 feet away.

According to the witness account cited in court records, Cavazos was about 10 feet away and was not holding a weapon when Gutierrez allegedly fired three or four shots, striking him in the back.Investigators later recovered a handgun belonging to Cavazos roughly 10 yards from his body.

Witnesses also reported hearing Gutierrez shout, 'We're family! How could you do this to me?' shortly before the shooting.

Open Murder Charge Filed

Gutierrez left the scene after the shooting, according to the account, but surrendered to police the following day. He is now facing an open count of murder rather than a charge fixed at a particular degree.

An open count leaves the precise degree of murder to be determined later in the legal process. Rather than charging the defendant at the outset with either first-degree premeditated murder or second-degree murder, the case can proceed while a judge or jury considers the evidence concerning intent.

The degree of culpability will depend on how the evidence is assessed at trial, including the circumstances surrounding the fight and the shooting that followed.

The charge does not itself establish guilt. Gutierrez is accused of killing Cavazos, and the allegations remain subject to court proceedings.

Family Remembers Cavazos

At a recent vigil, relatives remembered Cavazos for his personality rather than the circumstances of his death. Family members said he loved to laugh and enjoyed making other people smile.

The family gathering preceding the shooting had initially been social, with the cousins cooking and spending the afternoon together before the argument developed.

Gutierrez is currently being held at the Metropolitan Detention Center without bond while the case proceeds.

The police account remains the central record, while the court has yet to determine the allegations against Gutierrez.