Deming man’s murder conviction upheld by Supreme Court

The Supreme Court of New Mexico on Monday affirmed the 2024 conviction of a man who shot his stepson in Deming.

Ezequiel Ricoy, 60, appealed his conviction on a charge of first-degree willful and deliberate murder in the fatal shooting of Las Cruces resident Brendan Kern in 2022, arguing the evidence presented at trial did not prove deliberate intent, challenging jury instructions and claiming ineffective defense counsel.

The court’s five justices unanimously held that the evidence supported the jury’s decision, including evidence that Ricoy and Kern had had conflict and that Ricoy had expressed disdain for him prior to the shooting.

On July 22, 2022, Kern and his fiancé stopped by the home Ricoy shared with Kern’s mother, Kelly, to retrieve an ice cooler. Their two children, ages 2 and 6, and an adult friend were sitting in the back seat. Kelly Kern had reportedly invited them to stop by for the cooler, but witnesses said Ricoy became angry over their presence, yelled at them to leave and produced an AR-15 rifle.

Opening fire, Ricoy struck the car with the children and friend inside as Kern’s fiancé fled. According to witness statements, Brendan Kern was struck three times and fell to the ground, after which Ricoy went into the house and told his wife, “Are you happy? I just shot him and I’m going to jail.”

Kern died the following day. He was 27 years old.

The state Supreme Court found that the evidence showed Ricoy resisted entreaties from his wife not to go outside with the gun, targeted Kern and showed no remorse after shooting him.

Ricoy had argued that Kern charged at him and that he fired his weapon out of fear. At trial, Ricoy requested that the jury guidance include instructions on self-defense and voluntary manslaughter. The high court upheld state District Judge Jennifer DeLaney’s ruling that the evidence did not support those, although she granted a request to include second-degree murder in the instructions.

The jury convicted Ricoy of first-degree murder, two counts of child abuse, aggravated assault with a deadly weapon and shooting at a motor vehicle. DeLaney sentenced him to life in prison plus nine years.

The Supreme Court also rejected Ricoy’s claim that his defense attorney had been ineffective because he had not requested jury instruction on defense of habitation. The justices said there was no merit to that request in the first place and no incompetence by the attorney.

Based on the evidence, Justice Briana Zamora wrote, Kern “was not an intruder because he was legally authorized to be on the property, made no attempt to enter the home, only exited the vehicle after multiple shots had been fired, had his hands raised, told Defendant that he was leaving, and was not armed with any weapons or tools to aid in perpetrating violence or entering the home.”

The decision does not establish legal precedent, and leaves Ricoy’s conviction in place. He is currently in custody at the Guadalupe County Correctional Facility in Santa Rosa.