Man accused in Young Park killing argues self-defense as judges weigh in on bond
LAS CRUCES – A judge granted bond to a man accused of killing another man near Young park even as a second judge has ordered he remain jailed.
David Chavez, 19, was charged with one count of voluntary manslaughter and one count of tampering with evidence.
According to an affidavit, police believe that Chavez shot and killed Mitchell Russell, 30, on Jan. 6. Police believe that an employee at the Walmart on Walton Drive told Russell that Chavez was burglarizing cars in the parking lot.
Russell then pursued Chavez – first in a vehicle, then on foot – towards Young Park, about a mile away. As the two men struggled, witnessed told police that Russell threatened to break Chavez's nose before Chavez shot Russell three times.
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Police said that Chavez left the gun with a friend, called his parents to be picked up and was arrested a few hours later.
On Thursday, Chavez faced a judge in district court after prosecutors planned to argue that Chavez was a danger to the public. But they never got the chance.
Ashlee Placencio, Chavez's attorney, pointed out that prosecutors had not complied with a recent rule change dealing with pretrial detention. Ultimately, 3rd Judicial District Judge Conrad Perea agreed. Placencio also suggested that Chavez acted in self-defense.
"If not for the alleged provocation of the victim, we wouldn't be here," Placencio said. "Mr. Chavez acted in self-defense."
Still, Perea pointed out that Chavez's presence in his courtroom was nothing new.
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Court records show that Chavez was charged with multiple counts of burglary and battery across seven cases in his two years as an adult. Court records also show that most of those cases were dismissed by prosecutors.
"It tells me a lot about David Chavez," Perea said, referring to his search of court records before the hearing.
But because of the misfiling on behalf of the 3rd Judicial District Attorney's office, Perea was only allowed to consider how severe of a bond to place on Chavez. As a result, he could not legally hold Chavez in jail even if he believed that circumstances warranted a no-bond hold.
In the end, Perea granted Chavez a $7,500 secured or surety bond, meaning Chavez could pay the total amount or contact a bondsman to post his bail.
But, at least for the time being, Chavez will remain in jail regardless of Perea's ruling.
In a case unrelated to the Young Park shooting, Chavez faces four domestic violence charges, including battery, assault and aggravated battery. As part of that case, Chavez agreed that he would not possess firearms while the case was pending.
According to the affidavit in the shooting, Chavez admitted to shooting Russell with a Glock 9mm pistol even if he maintains it was out of self-defense. Doña Ana Magistrate Judge Joel Cano ruled this violated his conditions of release and ordered he remain jailed.
Justin Garcia covers crime, courts and public safety. He can be reached via email at JEGarcia@lcsun-news.com.