One dead, one arrested as details emerge in shooting near Young Park

LAS CRUCES – Police believe that an act of vigilantism ended with one man dead and another in jail after a shooting last Friday.

David Chavez, 19, was charged with voluntary manslaughter and tampering with evidence after police alleged he shot Mitchell Russell, 30, during an altercation near Young Park on Jan. 6.

As of the publication of this article, Chavez remains in jail, awaiting a first appearance in magistrate court. A spokesperson with the 3rd Judicial District Attorney's Office confirmed it would request a judge order that Chavez is dangerous and should be held without bond.

That hearing has not been scheduled as of the publication of this article.

A frantic pursuit towards Young Park 

Court records show the incident began at Walmart on Walton Drive Friday morning. According to a statement Russell's girlfriend gave police, a Walmart employee told Mitchell that people in the parking lot were burglarizing vehicles.

The employee, who police did not name, then pointed out a man wearing a New York Yankee's jacket and green backpack to Russell and allegedly said a car belonging to an older man had been burglarized.

Surveillance footage captured the man in the Yankee's jacket and green backpack at Walmart before the shooting. Later, a police officer familiar with Chavez identified him as Chavez, according to the affidavit. However, detectives did not indicate if the footage showed Chavez burglarizing vehicles. As of the publication of this article, Chavez was not charged for any alleged burglary.

But Russell did not know that. 

According to his girlfriend, Russell began looking for Chavez across Lohman Avenue and towards Young Park. As Russell and his girlfriend drove around, they spotted Chavez near the Speedway gas station on Lohman Avenue and Walnut Drive.

There, Russell's girlfriend told police, Russel hopped out of his vehicle to confront Chavez.

"You think it's funny breaking into an old man's car," Russell told Chavez, according to his girlfriend.

Chavez then left the area on foot.

Another bystander, also unnamed by police, told Russell and his girlfriend that Chavez was headed toward Young Park. Russell then returned to his car and followed. The couple found Chavez again near the Nevada Avenue and Lees Drive intersection. Russell's girlfriend said Russell then removed his shoes and sprinted after Chavez, leaving her field of view.

A few minutes later she reportedly heard three gunshots. When she searched for Russell, she found him lying on the sidewalk, surrounded by police.

After the shooting, Russell's girlfriend posted a statement on Facebook announcing his death.

"It's with a heavy heart I share that Mitchell Russell lost his life yesterday morning. Mitchell lived a full life traveling the world, learning about different cultures, languages, and making new friends. He worked search and rescue, was a master diver, jewelry maker, gave tours of the wild mountain gorillas in Rwanda, and so much more," the statement said. "He was the most talented, hardworking, and amazing man I've ever known. Mitchell was always so kind and caring. I will always treasure our time together and the adventures we shared. He meant the world to me."

The sidewalk struggle and arrest on Alameda

According to the affidavit, several witnesses in the neighborhood saw portions of the confrontation and shooting.

The witnesses said they watched as Russell chased Chavez through Young Park and onto Lees Drive. The witnesses said the two men began struggling and fell to the floor. They said Russell was on top and Chavez on the bottom.

"Let go of the gun, or I'll break your nose," Russell said, according to the witnesses.

Instead, the witnesses said Chavez fired into Russell's body, got up, and fled the area, leaving the green backpack behind.

A few hours later, police arrested Chavez at the Alameda Avenue and Ethel Road intersection. Police said he was in his father's car; his hands still splattered with blood. Chavez's father was driving the vehicle before police pulled him over. 

When police said they showed Chavez's parents the surveillance footage from Walmart, his parents further confirmed that Chavez was the man in the Yankee's jacket.

According to the affidavit, Chavez later confessed to the shooting and confirmed he was the man on the surveillance footage but did not admit to burglarizing vehicles.

He told police he had no idea who Russell was when he began chasing Chavez through the park. After he shot Russell, Chavez said he ran to a nearby friend's house to ditch the gun and jacket. The friend told police he took the weapon but told Chavez to leave immediately. Chavez said he then called his dad to come to pick him up.

Justin Garcia is a public safety reporter for the Las Cruces Sun-News. He can be reached by email at JEGarcia@lcsun-news.com or on Twitter at @Just516garc.