Police say Ervin Gutierrez shot 25-year-old Nathaniel Cavazos after a dinner argument escalated into a physical confrontation.
ALBUQUERQUE, N.M. — A 22-year-old man faces an open count of murder after Albuquerque police say a dispute over the heat of green chile enchiladas escalated into a fight and the fatal shooting of a relative at a northeast Albuquerque apartment complex.
Ervin Gutierrez is accused in the death of 25-year-old Nathaniel Cavazos. Police said the men had been drinking alcohol and eating dinner with another relative before the disagreement became physical. Officers were called around 11:30 p.m. Thursday to the Copper Hills apartments at 4200 Spanish Bit St. NE, where Cavazos was found dead.
According to court records described by police and local news reports, the disagreement began over the green chile used in the enchiladas. Gutierrez allegedly complained about the heat of his food and argued that his serving was hotter than what Cavazos and another person had been given. The verbal dispute developed into a physical fight outside the apartment.
Police allege that after the fight, Cavazos attempted to walk away from Gutierrez. Investigators say Gutierrez then produced a handgun and shot Cavazos. Police have said Cavazos was struck multiple times, while court reporting has described him as being shot at least once. He died at the scene.
The accounts released so far make clear that the green chile dispute preceded the violence, but they do not establish that food alone explains why the confrontation escalated. Alcohol had been consumed during the gathering, according to police, and investigators have relied on witness information and other evidence while reconstructing the events leading to the shooting.
Gutierrez did not remain at the apartment after the shooting, according to reports on the investigation. As homicide detectives continued working the case, he later turned himself in to Albuquerque police downtown. Authorities then charged him with an open count of murder.
An open murder charge allows the homicide case to proceed while prosecutors and the court determine the degree of the alleged offense supported by the evidence. The filing is an accusation, and Gutierrez has not been convicted of killing Cavazos.
Gutierrez was being held at the Metropolitan Detention Center following his arrest. KOAT reported that he made an initial court appearance Saturday and that the case is moving to state District Court, where a detention hearing is expected. Additional details about the evidence have not been publicly established beyond information contained in police statements and court records.
The killing came during a year in which Albuquerque police reported 40 homicide victims through Aug. 29. The department’s homicide dashboard listed 32 of those cases as solved and eight as active, though those figures remain subject to change as investigations and court cases develop.
Police have not announced additional charges in the Cavazos case. Gutierrez remains accused of murder as the case moves through the court system, where prosecutors will have to establish the allegations against him.
Author note: Last updated August 30, 2026.