Jury acquits man of two shooting deaths at NE Heights gas station

A jury on Wednesday found Marcos Vigil not guilty on two counts of first-degree murder in the 2020 shooting deaths of two men outside a Northeast Albuquerque convenience store.

Jurors deliberated less than a day before acquitting Vigil, 49, in the deaths of Kenneth Sweetwater, 42, and Dominic Sanchez, 32, which took place in the parking lot of the DK store and gas station at Copper and Tramway NE.

The 2nd Judicial District Court jury also found Vigil not guilty of aggravated assault for allegedly pointing a gun at Sweetwater’s son in the same incident on April 12, 2022.

“While the loss of life is tragic, Mr. Vigil acted to defend his son and himself from the two men who tried to attack them,” Vigil’s attorney, Heather LeBlanc, said Wednesday.

“This is not just a victory for him, but also an affirmation of the right we all have to defend ourselves and the people we love,” LeBlanc said.

Prosecutors told jurors in closing arguments that Vigil senselessly fired multiple gunshots at the two men, striking them in the back, as they fled for their lives.

LeBlanc responded that Vigil fired in self-defense after the pair moved aggressively toward Vigil and his 15-year-old son.

Vigil was unaware that the men were approaching until they were within a few feet of him and his son, LeBlanc said in closing arguments. She also told jurors that under New Mexico law, Vigil had a right to use deadly force to protect himself and his son if they believed their lives or others’ lives were in danger.

Sweetwater and Sanchez were among several people standing outside the DK store when Vigil and his son arrived on foot, witnesses said. Witnesses testified last week that the two men often stood outside the store asking customers for change or selling items.

Store security video showed Vigil exchange words with one of the men before entering the store. Later, as Vigil and his son walked away from the store, Sweetwater and Sanchez began walking across the parking lot toward them, the video showed.

As the men approached, Vigil turned and fired multiple gunshots at the men, who tried to run, then fell to the ground, the video showed.

Prosecutors told jurors that Vigil had no reason to fire after the two men wheeled around and began running away.

“He shot two people in the back when he didn’t have to,” Assistant District Attorney Jordan Machin said Monday in closing arguments.