A family gathering in Albuquerque ended in tragedy after police say an argument over the heat of green chile enchiladas escalated into a deadly confrontation between two cousins. According to Albuquerque Police Department homicide records, Ervin Joaquin Gutierrez was arrested in connection with the August 27 killing of Nathaniel Cavazos. Gutierrez, 22, is accused of fatally shooting the 25-year-old during an Albuquerque shooting that authorities say followed an increasingly heated dispute between relatives.
Court records reviewed by NBC News state that Gutierrez had traveled to Albuquerque and was spending time with Cavazos and another cousin. The relatives reportedly bought groceries, returned to the apartment, and prepared green chile enchiladas while drinking alcohol.
According to the arrest warrant, Gutierrez repeatedly argued that the chile on his enchiladas was hotter than what Cavazos was eating. Cavazos reportedly responded that the group was eating the same enchiladas, meaning the spice level should not have been different.
As the unusual disagreement became more serious, court documents cited in the original reporting said Gutierrez “began antagonizing” Cavazos. Another cousin who was present reportedly tried to defuse the situation by suggesting they take the dogs outside for a walk.
That attempt did not stop the confrontation.
The argument eventually became physical. Court records say Cavazos struck Gutierrez during the fight and later attempted to walk away. Investigators allege Gutierrez then produced a handgun.
A witness quoted in the arrest affidavit said Gutierrez shouted, “We’re family! We’re family! How could you do this to me?”
Investigators allege the Albuquerque shooting happened moments later.
Reporting based on the affidavit says Cavazos was walking away when Gutierrez allegedly fired multiple times. Cavazos was shot three to four times in the back while the cousins were roughly 10 feet apart.
Cavazos died at the scene, according to the same reporting.
The investigation also revealed additional details about what allegedly happened after the gunfire. According to NBC News reporting on the warrant, Gutierrez left the area and later communicated with relatives through Snapchat. Investigators said those messages included expressions of regret as well as a claim suggesting Gutierrez believed he had acted because he feared Cavazos might kill him.
Court reporting cited by NBC News also states that police recovered a handgun belonging to Cavazos roughly 10 yards from his body. The affidavit, however, did not state that Cavazos had the weapon in his possession when he was shot.
Gutierrez later entered police custody and was booked into the Metropolitan Detention Center on an open count of murder, according to NBC News and jail records cited in its reporting. He made an initial court appearance, and the case was moving to New Mexico’s Second Judicial District Court.
The Albuquerque shooting has also drawn attention to Cavazos beyond the circumstances surrounding his death.
Cavazos lived and worked at the Copper Hills Apartments, where residents later gathered for a vigil. Neighbors remembered him as someone who regularly helped people in the complex, including residents who needed assistance getting around. His relatives reportedly wanted him remembered for his laughter and his habit of making other people smile.
The case comes during a year in which Albuquerque has recorded fewer homicides than during the same periods in the previous two years. According to the Albuquerque Police Department’s homicide statistics, the city had recorded 40 homicide victims through September 1, 2026, compared with 50 during the same period in 2025 and 66 in 2024.
Police classified 32 of Albuquerque’s 40 homicide cases as solved as of September 1, according to the department’s data. The agency specifically listed Gutierrez’s arrest among its newest homicide investigation updates.
Gutierrez faces an allegation of murder, and the court process will determine his legal responsibility for Cavazos’ death.
