A man awaiting sentencing on a murder charge is now accused in a second homicide from 2021 at a motel in Northwest Albuquerque.
Xavier Marquez, 23, is charged with an open count of murder, tampering with evidence and shooting at an occupied building in the June 17, 2021, death of Daniel Bustos, 34, a father of three.
Marquez is awaiting sentencing after he pleaded guilty on Feb. 24 to second-degree murder and extreme cruelty to animals for fatally shooting Shaun Lynch, 34, and injuring Lynch’s dog months after Bustos’ death.
Marquez has been behind bars at the Metropolitan Detention Center since being arrested in that case in October 2021.
Police responded around 2:30 a.m. to reports of gunfire at the Travelodge motel on Coors near Interstate 40, according to a criminal complaint filed in Metropolitan Court. Officers found 14 shell casings in the parking lot and walls and vehicle riddled with bullet holes.
Police said a woman brought Bustos to the hospital soon after and he died from a gunshot wound to the leg. The woman told police the pair were at the motel when an argument broke out with three people, with one of them shooting Bustos.
She said Bustos had a revolver but did not believe he fired it before being shot, according to the complaint. Police discovered Marquez was listed as the renter of a room where the shooting erupted.
Police said Marquez gave details of the shooting after he was arrested in the death of Lynch months later. Marquez told police he shot at Bustos after the latter pulled out a gun and fired it into the air.
Marquez said Bustos shot at him at least twice and he fired at least 12 times, using the same gun he shot Lynch with, according to the complaint. All 14 casings at the scene came from the same gun and were in the area where Marquez told police he fired from.
No evidence was found that Bustos ever fired his gun, according to the complaint.
