Man on trial in 2021 killing argues self-defense

Santiago Silva fired a fatal gunshot in self-defense at one of two men who approached him in a dark alley and asked for drugs, his attorney told jurors on the first day of Silva’s trial for the 2021 killing.

Silva, 19, is facing first-degree murder, armed robbery and other charges in the July 29, 2021, shooting death of 23-year-old Matthew Chavez behind a convenience store near Central and University.

State District Judge Brett Loveless told jurors Tuesday that both defense and prosecution attorneys agree that Silva fired the gunshot that killed Chavez. The 2nd Judicial District Court trial is expected to continue through Thursday.

Prosecutors allege Silva drew a pistol and shot Chavez once in the back as the unarmed Chavez was attempting to run away.

Silva’s attorney, Brian Pori, said Silva was walking to a convenience store in his neighborhood when two men he didn’t know approached him seeking “blues” — a slang term for fentanyl.

“He had no idea who these men were,” Pori told jurors. “He didn’t approach them, they approached him. They called him over.”

Silva, who was 17 at the time, became frightened when “surrounded” by the two larger, older men, Pori said in opening statements.

“You have a 17-year-old kid who had been bullied and foolishly decided to carry a gun,” Pori told jurors. “And when he was being bullied again, he pulled that gun out, not for any reason other than to defend himself.”

Albuquerque police found Chavez fatally shot in an alley behind the Quick Track gas station at 1720 Central SE, on the southwest corner of University and Central.

A forensic pathologist testified Tuesday that Chavez was killed by a single gunshot that struck him in the lower left side of his back and exited his chest.

Police found a single bullet casing in the alley near Chavez’s body, a police detective testified. Police also found an unopened package of Suboxone, a drug used to treat people addicted to opioids.

Silva also is charged with one count of armed robbery for allegedly taking Suboxone from Chavez. He also faces single counts of conspiracy to commit armed robbery and tampering with evidence.

Assistant District Attorney Crystal Cabrido told jurors that Chavez attempted to flee after Silva pulled a firearm from his hoodie. Silva fired a fatal shot at Chavez, then grabbed items that Chavez had dropped during the encounter, she said.

The entire interaction between the two men, which was recorded on security video, lasted a total of three minutes and seven seconds, she said.

Jurors viewed the security video showing a brief interaction between Silva, Chavez and a third, unidentified man who appeared to say a few words before he walked out of the frame.

“Mr. Chavez reaches into his pockets and appears to show (Silva) several items,” Cabrido told jurors. “Shortly thereafter, (Silva) produces a firearm, which causes Mr. Chavez to push the defendant, toss the items in the air and run away. As Mr. Chavez runs away, (Silva) gets into position and shoots Mr. Chavez in the back.”

After the shooting, Silva grabbed several items off the ground before running away.