Jury convicts man in 2024 fatal confrontation

A jury on Friday convicted James Gonzales in the 2024 shooting death of 75-year-old Harry Velarde during a confrontation in a Southeast Albuquerque apartment.

Jurors deliberated about two hours before finding Gonzales, 28, guilty of first-degree murder, armed robbery and other charges. The verdicts came on the fifth day of trial in 2nd Judicial District Court before Judge Clara Moran.

Prosecutors told jurors that Gonzales intended to kill Velarde when he and his girlfriend, Destiny Pacheco, entered his apartment with guns drawn at 5 a.m. March 10, 2024.

Gonzales fatally shot Velarde as the two struggled for control of Gonzales’ 9mm handgun, prosecutor Christine Jablonsky said Friday in closing arguments. Velarde died in the living room of his apartment at 1015 Valencia SE, near Tramway and Central.

Jablonsky told jurors that Gonzales was startled that the 75-year-old man had attempted to fight for his life.

“The evidence points to the fact that (Gonzales) had every intention of killing Harry Velarde,” Jablonsky told jurors. “He went into the apartment with every intention of committing armed robbery. But I don’t think (Gonzales) intended for Harry Velarde to try to fight back.”

Velarde had met Pacheco several days earlier and allowed her to stay at his apartment, according to testimony. Pacheco later told Gonzales that Velarde had made unwanted sexual advances toward her.

After the killing, the couple fled Albuquerque with Velarde’s wallet, cellphone and credit cards.

Police used GPS from Velarde’s cellphone to track Gonzales and Pacheco as they drove around Albuquerque and used Velarde’s credit cards to withdraw money from an ATM and buy gas, according to a criminal complaint filed in Metropolitan Court.

The couple drove to Villanueva State Park, where they were arrested by New Mexico State Police.

Jurors also convicted Gonzales of theft of a credit card and three counts of fraudulent use of a stolen credit card.

Pacheco, 35, is charged with first-degree murder, armed robbery and other crimes. Her trial has not been scheduled.

Gonzales testified in his own defense Thursday that he was angry at Velarde for making unwanted sexual advances toward Pacheco, whom he identified as his wife or fiancée. Gonzales and Pacheco went to Velarde’s apartment to confront him, he told jurors.

During the confrontation, Velarde struck Gonzales in the face and attempted to take his weapon when the gun discharged and Velarde fell to the floor, Gonzales told jurors.

Gonzales’ attorney, Stephanie Gulley, told jurors Friday that Gonzales never intended to hurt or kill anyone when he and Pacheco went to Velarde’s apartment.

Instead, Gonzales wanted to confront Velarde for making unwanted advances toward his girlfriend when Velarde lunged at him and attempted to grab Gonzales’ handgun, she said.

Velarde rushed at Gonzales, who dropped his gun, leading to a struggle between the two men over the gun, Gulley said.

“They are struggling over a gun and it goes off, and we don’t know whose finger is on the trigger,” Gulley said. “There’s no intention there to kill Mr. Velarde.”

Gonzales “did not know that going to confront Velarde would result in his death,” Gulley said. “Where is the evidence that Mr. Gonzales intended for any of this to happen?”