High court vacates murder conviction in a fatal shooting at a Las Cruces house party

The state Supreme Court on Monday vacated a first-degree murder conviction for a man convicted of a fatal shooting at a Las Cruces house party in 2021.

But Mawu Ekon Revels, 21, can be retried for the killing because double jeopardy bars retrial only after an acquittal, Justice C. Shannon Bacon wrote for the unanimous five-member court.

Revels was sentenced to 25 1/2 years in prison after a Doña Ana County jury found Revels guilty of first-degree felony murder in January 2023 based on an underlying felony of aggravated battery.

The case arose from a fatal shooting at a Las Cruces house party on July 21, 2021, that resulted in the death of 23-year-old Nicodemus “Nico” Gonzales, who died at the scene, Bacon wrote.

Justices vacated Revels’ conviction after finding that aggravated battery cannot serve as the underlying crime that elevates a killing to the level of felony murder.

“This Court has long recognized a valid felony murder convicted must be predicated on a felony that is ‘collateral’ to the homicide,” Bacon wrote. The underlying felony for felony murder must have a purpose “different from that of endangering the physical health of the victim.”

Revels’ “conviction for felony murder is legally invalid because it is based on the predicate felony of aggravated assault,” the opinion said.

Police said a fight broke out at the house party when Revels and Isaiah James William Taylor physically attacked Gonzales and two other people, according to a criminal compliant.

Witnesses at the chaotic scene told police they saw Revels and his cousin, Taylor, both 17 at the time, brandishing guns with laser sights.

Taylor, now 23, pleaded no context in November to second-degree murder, aggravated assault with a deadly weapon and shooting at a motor vehicle, according to his plea agreement. He was scheduled for sentencing on Monday before Judge Richard Jaquez.

Testimony at Revels’ trial showed that he fired eight of the 10 gunshots during the incident.

Bullets also struck the car of a young woman who was driving away from the scene. That shooting also led to Revels’ conviction for aggravated assault with a deadly weapon and shooting at a motor vehicle.

Revels also was convicted on two counts of conspiracy. Justices vacated one of the conspiracy convictions, ruling that evidence was presented only for one count.

The high court remanded the case to the 3rd Judicial District Court for resentencing and possible retrial. Revels can be retried on felony murder or a lesser-included offense such as second-degree murder, the opinion said.