Enchiladas
Enchilada viva cinco de mayo at Viva Cinco de Mayo on Tuesday, Feb. 7, 2017 in Albany, N.Y. Combo of three enchiladas, one with green salsa, one with bean sauce and one with red salsa topped with cheese, lettuce, sour cream and choice of meat. (Photo by Lori Van Buren/Albany Times Union via Getty Images)

Drunken Argument Over Enchiladas Leads to Alleged Shooting

A drunken argument over the spiciness of some green enchiladas allegedly led to a shooting by a New Mexico man. 

A drunken argument over the spiciness of some green enchiladas led to an alleged shooting by a New Mexico man. 

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The incident took place on Thursday, Aug. 28. Ervin Joaquin Gutierrez is facing murder charges for allegedly killing his cousin, Nathaniel Cavazos, at an Albuquerque apartment complex. 

It All Started Over Enchiladas

As the New York Post reports, the 22-year-old Gutierrez visited the 25-year-old Cavazos and another cousin. The three bought groceries, returned to the apartment to prepare green enchiladas, and began drinking. 

According to an affidavit, Gutierrez repeatedly made claims that the chilies on his enchiladas were hotter than those on Cavazos' plate. He then told his cousin to try them. Cavazos refused, saying that since they were eating the same enchiladas, the spice level would be the same. 

The third cousin suggested they cool off and take his dog for a walk. But while outside, Gutierrez and Cavazos began to argue. Cavazos then hit Gutierrez hard enough to bust open some veins and leave him bleeding. 

As Cavazos began to walk away, Gutierrez pulled out a handgun. He shouted, "We're family! We're family! How could you do this to me?" Then he pulled the trigger three or four times. Cavazos was shot in the back. Gutierrez allegedly fled the scene. 

Gutierrez Said His Cousin Threatened His Life

Officers arrived on the scene around 11 p.m. They found Cavazos dead in a walkway between apartment buildings, lying in a pool of blood. 

A handgun that belonged to Cavazos was found 10 yards from the body. 

The other cousin showed investigators a Snapchat message he received from Gutierrez saying that Cavazos threatened his life. 

"Is he really dead?" Gutierrez allegedly wrote. "I did not want to kill him, but I didn't want him to kill me."

Gutierrez was then arrested on Friday, Aug. 29. Jail records show he was charged with murder and sent to the Metropolitan Detention Center.