Gunman in Albertsons parking lot shooting convicted of second-degree murder

Jurors found Kristopher Gonzalez guilty Thursday of second-degree murder in the 2021 shooting death of a man during a chaotic encounter outside a South Valley grocery store.

But jurors rejected a more serious charge of first-degree murder the 29-year-old Gonzalez had faced in the death of Jose Garcia.

Prosecutors alleged the fatal encounter on Feb. 21, 2021, began with a dispute over a broken windshield that escalated when Gonzalez “sprayed the parking lot” with gunfire, killing Garcia and injuring a second man.

Bernalillo County Sheriff’s deputies found 11 shell casings in the parking lot after the killing that prosecutors said were fired from Gonzalez’s gun.

Jurors deliberated for about half a day before reaching the verdict on the fourth day of trial before 2nd Judicial District Judge Emeterio Rudolfo. Gonzalez’s sentencing hearing has not been scheduled.

Gonzalez’s attorney, Robert Aragon, had argued that Gonzalez and Garcia were close friends who arrived together in Gonzalez’s car at the Albertsons in the 1600 bock of Rio Bravo SW, near Isleta.

Gonzalez inadvertently shot Garcia in the back after gunfire broke out and Gonzalez returned fire in self defense, Aragon told jurors.

Prosecutors told jurors in opening statements last week that Gonzalez had demanded payment of $1,000 in compensation from two men he claimed had broken the windshield of his sister’s car.

To ensure payment, Garcia took possession of “property” belonging to the two men, which he agreed to hand over in exchange for the $1,000 payment, prosecutor Lawrence Hansen told jurors.

But no evidence was presented that anything was exchanged except gunfire. After one of the men accused Gonzalez of withholding some of his property, Gonzalez responded by pulling a weapon and shooting, Hansen said.

Jurors also found Gonzalez guilty of aggravated assault and aggravated battery for shooting a second man in the head. The man, Jacob Maes, survived the shooting and testified in Gonzalez’s trial.

Jurors also found Gonzalez guilty of two other counts of aggravated assault for shooting at two other men present at the confrontation.