Fourth person charged in Las Cruces drive-by shooting

LAS CRUCES – A fourth person has been charged in an alleged conspiracy to shoot bullets at the home of a single father and his child by a group of friends including the child’s mother.

A few minutes before 6 a.m. on Oct. 29, police say two cars pulled up to a home on a residential street a few blocks from New Mexico State University and the city’s Frenger Park.

There, security camera video captured the cars carefully positioning themselves in front of the selected residence before a front seat passenger in a Dodge Charger fired multiple rounds.

At the time, the resident was present with his 5-month-old child, his own mother and juvenile younger brother. Police later recovered .45 ammunition casings from the property.

According to charging documents, the father had argued with the infant’s mother, 19-year-old Amriss Silva, “over a dispute about baby wipes.” This prompted Silva to discuss shooting at his house with several friends the night preceding the incident, police say.

A grand jury indicted Silva on felony charges of shooting at a dwelling or occupied building; shooting from a motor vehicle; and conspiracy to shoot at a dwelling or occupied building. She remains in custody ahead of a preliminary hearing this week, per court and jail records.

The accused shooter is Anthony Espana, 21, charged with shooting from a motor vehicle and shooting at a dwelling or occupied building, two conspiracy counts, and a misdemeanor count of negligent use of a firearm.

Third Judicial District Judge Conrad Perea granted prosecutors’ request to detain Espana ahead of his trial. His case has been paused, however, as Espana undergoes an evaluation of his competency to stand trial.

Saylor Birmingham, 20, was indicted by a grand jury on two felony conspiracy counts as the alleged driver of the vehicle from which the shots were fired. In his case, Judge Perea denied prosecutors’ request to hold Birmingham, saying the state had not provided sufficient evidence that he was too dangerous for pretrial release. Birmingham pleaded not guilty and was released on an unsecured $15,000 bond.

New details about the arrests emerged after Espana was taken into custody and interviewed by police. According to an affidavit, Espana admitted to firing the weapon but claimed he did so under pressure from other defendants.

That now includes Breann Tarin, 19, who police say was driving a second vehicle, a Dodge Challenger, seen in security video accompanying the car police say Birmingham drove with Silva, Espana and other passengers. Tarin had been interviewed by police in the initial investigation.

The documents do not state whether other passengers were identified, interviewed or charged. The District Attorney’s Office did not respond to a query from the Journal.

According to a sworn statement by a Las Cruces Police Department investigator, Espana told police Tarin had driven him past the house and identified it to him prior to the shooting.

On the basis of other witness statements and her presence at a scenic overlook off of Lohman Avenue where shots were reportedly fired a few minutes after the incident at the residence, police allege Tarin played a role in conspiring and executing the first shooting.

On Tuesday, a grand jury indicted Tarin on charges of shooting at a dwelling, shooting from a motor vehicle and conspiracy to commit shooting from a motor vehicle.

She appeared for a detention hearing before Third Judicial District Judge Douglas Driggers, where prosecutors argued no conditions of release would guarantee the safety of the public.

Her public defender pointed to her lack of an adult criminal record, employment history and family ties as evidence she would comply with pretrial conditions. He also underscored that Tarin was not accused of firing a weapon or of being in the car from which shots were fired.

Driggers quickly ruled that Tarin be released on a secured $5,000 bond, with her next appearance in court scheduled for next week.