Man charged with murder after cemetery shooting

A man from Cubero has been federally charged after allegedly shooting and killing another man during an argument at a cemetery.

Donald Thompson, 49, a member of the Pueblo of Laguna, is charged with one count of second degree murder and one count of discharging a firearm during and in relation to a crime of violence. If convicted, Thompson faces life in prison. 

FBI agents were dispatched around 9:30 p.m. on Jan. 1 after receiving a call that a shooting had occurred on the Pueblo of Laguna in Cubero, according to a criminal complaint filed in U.S. District Court. 

Authorities arrived and found that a man, identified as John Doe in court records, had been shot and killed at a cemetery during an argument and Thompson told an officer that he had shot the man, the complaint states. 

Agents spoke with a woman at the scene, who said that she had been with Thompson to guard the grave site of an unrelated person as part of tribal tradition to guard the body from spirits for several days, according to the complaint. 

At some point, the woman said she heard Thompson and the man arguing before the man walked off and said he was going to "get stuff and come back and kill them," the complaint states. Shortly after, the woman heard gunfire and called police. 

FBI agents spoke with Thompson, who said that he had been guarding the grave site for several days and was running on minimal sleep. He told authorities he returned to the grave between 5 and 6 p.m. and brought his 30-30 Winchester rifle with him, according to the complaint. 

Thompson told agents that at some point, the man came to the grave and began asking what everyone was doing aggressively. Thompson said the man began to walk toward him, which is when he shot, the complaint states.

"Witnesses reported that Thompson was armed with a rifle and fired a single shot during the confrontation, and Thompson later admitted to shooting the victim, claiming he believed he was acting in self-defense," according to a news release issued Thursday by the U.S. attorney for the District of New Mexico.

Thompson told authorities he did not know if he intentionally shot the man and said he was attempting to shoot a warning shot, the complaint states. 

"Thompson spoke about not being able to return to the cemetery and close the gate because no force or gate can stop 'them' and there is 'witchcraft,'" the complaint states.

Thompson told agents he had been drinking before the shooting and he was unsure if the man had a weapon, according to the complaint. Authorities asked Thompson to submit to a breathalyzer, but he refused.

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.